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HomeMy WebLinkAboutMinutes - 2006/08/14 (2)PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting August 14, 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: Mayor Marty, Councilmember Stigney, Councilmember Gunn, Councilmember Flaherty, and Councilmember Thomas NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, August 14, 2006 City Council Agenda Mayor Marty noted that the preliminary timetable has the meeting going until 11:45 p.m. He stated if the meeting goes long, the reports of staff would be pulled. He stated that any public comments would be limited to three minutes. Councilmember Stigney asked to take the Police Department’s Quarterly report off the agenda. MOTION/SECOND: THOMAS/STIGNEY. To Approve the Monday, August 14, 2006 agenda as amended. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT There was none. 6. SPECIAL ORDER OF BUSINESS A. June 26, 2006 Regular Session Mayor Marty stated he had turned his corrections to City Administrator Ulrich. Mounds View City Council August 14, 2006 Regular Meeting Page 2 MOTION/SECOND: MARTY/FLAHERTY. To Approve the June 26, 2006 Regular Session minutes as corrected by Councilmember submissions. Ayes – 5 Nays – 0 Motion carried. B. July 10, 2006 Regular Session MOTION/SECOND: FLAHERTY/GUNN. To Approve the July 10, 2006 Regular Session minutes as corrected by Councilmember submissions C. July 10, 2006 Executive Session MOTION/SECOND: THOMAS/FLAHERTY. To Approve the July 10, 2006 Regular Session minutes as presented. D. August 7, 2006 Executive Session Minutes MOTION/SECOND: FLAHERTY/STIGNEY. To Approve the August 7, 2006 Executive Session minutes as presented. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing and Consideration of Resolution 6901 Approving a Conditional Use Permit for an Oversize Garage at 2932 Woodale Drive. Planning Associate Heller explained that the Krystofiaks would like to demolish their current garage and build a larger detached garage that will be in the same location as their current garage. Planning Associate Heller stated the applicants would like to build a garage that would be 1,176 square feet and it does meet the setback and dimensional requirements as specified in the zoning code. Planning Associate Heller explained that the new garage would be consistent with the comprehensive plan, which encourages development and maintenance of properties. She stated that there have been other oversize garages in the neighborhood and the proposed garage will not be out of place for the neighborhood nor would it depreciate the applicant’s or surrounding properties. She stated that the garage will be extended six feet and will look similar from the street. Planning Associate Heller stated the applicant would like the larger garage to store their cars and other items. She stated the code issues are satisfied with this request and the Planning Commission did recommend approval on August 2nd. She stated neighbors were notified before the Planning Commission meeting and Staff has not heard from any neighbors regarding the notice. Mounds View City Council August 14, 2006 Regular Meeting Page 3 Mayor Marty opened the public hearing at 7:21 p.m. Hearing no comments, Mayor Marty closed the public hearing at 7:21 p.m. MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6901 Approving a Conditional Use Permit for an Oversize Garage at 2932 Woodale Drive. Ayes – 5 Nays – 0 Motion carried. B. Second Reading and Adoption of Ordinance 773, an Ordinance Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls. (ROLL CALL VOTE) Director Ericson explained that the ordinance is back for a second reading after the previous second reading on June 26th was tabled. He stated the Amundsens had additional language requests and that the Council tabled action and recommended the City Attorney and Planning Commission review suggested changes. Director Ericson stated the changes were presented to the Planning Commission on August 2nd. He explained the Commission reviewed the changes individually and felt none of the suggested changes should be included in the ordinance and it should be approved as previously presented. Director Ericson explained that the Planning Commission had previously discussed the language, but determined it does not make sense to incorporate the suggestions universally. He stated the changes could be considered over-legislated in some cases. He stated if the City has control over the land, that there will be railings and protections on retaining walls, but the Planning Commission felt it did not make sense to change the language universally. Director Ericson stated Staff and the Planning Commission suggest approving the ordinance as it was originally presented. He stated Staff believes the code does sufficiently address some of the concerns brought up by the Amundsens. He added Staff is recommending the ordinance the way it was originally presented because they do not want to over-legislate. Mayor Marty opened the public hearing at 7:27 p.m. Brian Amundsen, 3048 Wooddale Drive, stated that when the he brought his and his wife’s concerns to the Planning Commission and Council in the spring, he was told there was no ordinance to address his situation. He stated that the language his wife suggested would specifically address his concern. He stated the suggested wording regarding retaining walls next to pools would have allowed the Council or Planning Commission to deny any retaining wall that is along side a public safety structure. Mr. Amundsen stated that he suggested additional language regarding public safety and asked the language be incorporated into item seven. He said he is more concerned about safety and commented that building code provides for specific standards and his suggested language falls Mounds View City Council August 14, 2006 Regular Meeting Page 4 under the same category, which will not be over legislative. He added that he was unable to attend the last Planning Commission meeting to discuss his concerns. Mayor Marty closed the public hearing at 7:30 p.m. Councilmember Thomas stated that the Council discussed some clarifying language regarding when Staff would have to inspect a proposed retaining wall. She stated she would like some language in the ordinance that allows Staff to address safety issues. Director Ericson explained that the specific issue was not addressed with the Planning Commission, but the problem that was discussed with the City Attorney is that the language suggested is too vague. He stated that if the Staff feels there is a need to inspect the property, they would do so. Councilmember Thomas stated that she believed a trigger for the Staff inspection was the height of the retaining wall. She added her concern is at what point the City should institute safety guidelines. Mayor Marty stated he recalled some discussion. He read from section 11.03.08 where fencing is discussed and suggested “any retaining wall on property lines will be reviewed by Staff and be decided on a case-by-case basis.” Director Ericson replied that the language is too vague because it does not give any direction about what will happen if there is a safety concern. Mayor Marty suggested adding language stating, “it can be denied if there is a safety concern.” Director Ericson asked what would be considered a safety concern. Director Ericson stated the code should be clear enough so citizens can understand the requirements. He stated that adding a vague requirement is too ambiguous and unfair and such language would cause confusion. Councilmember Flaherty stated such language gives the City the ability to investigate such instances. He stated the language at least allows the City to review the plan and if there is a safety issue there can be some more discussion. He stated he would like language that at least gives the City the opportunity to review the property. Director Ericson stated the City currently has the ability to review permits. He stated that the City should change the code explicitly explaining what the requirements are so it is easily understandable. Councilmember Thomas replied that she would like specific language that gives the City the power to review the permit. She stated that her problem is that there is no specific point at which such retaining walls could be deemed unsafe. She stated she would like the City to have recourse for unsafe retaining walls. She stated she was hoping for language that allowed some recourse. She stated language must be added allowing the City recourse for unsafe retaining walls. Director Ericson stated when the issue was discussed with the City Attorney one of the concerns Mounds View City Council August 14, 2006 Regular Meeting Page 5 was that one property owner’s actions should not impact what another property owner can do with their property. He stated that the issues go both ways and perhaps there should be responsibilities for the property owners with the pool. He stated that perhaps the approach should be to require the fence for the pool to be setback from the property line, not the retaining wall. Councilmember Flaherty stated his concern is the safety issue. He stated he is fine with the setback requirement for the pools. He stated the Council should consider the fence setback requirement to ensure safety. City Attorney Alsop stated that the citizens need to know what to expect when they are applying for a permit, and without specific language in the ordinance, there is no specific direction for Staff or for residents. He stated someone would be impacted, whether it is the pool owner or the property owner with the retaining wall. Mayor Marty asked if the pool requirements should be reconsidered. Director Ericson replied that Staff is not necessarily suggesting rewriting the pool ordinance. He stated that the City must determine who should be responsible for the setback, the pool owner or retaining wall owner. Mayor Marty mentioned that there are more aboveground pools being built since they are more affordable and perhaps the City does need to consider the pool issue. City Attorney Alsop asked if there should liability for the owners of the property adjoining the property with the pool. Councilmember Thomas replied that there was no liability for the neighboring property owners and there is no clear direction for the City from a legal standpoint. Mayor Marty noted the Amundsens have met their obligations with a 6-foot fence. Councilmember Thomas stated that the Council and Staff should look at the pool ordinance, which needs to be considered because it could potentially depreciate the value of homes. Councilmember Stigney asked about 1103.08, Subdivision 5 and asked about the finished construction definition. Director Ericson explained the finished construction and how the finished side of the fence should face out. Councilmember Gunn noted that the requirements regarding ground cover in the statutes states that the area must be re-vegetated six months after construction, but in Section B it is contrasting. Director Ericson stated Staff is investigating the issue in the building code. He stated he is comfortable amending the ordinance to state the six-month requirement to establish ground cover, weather permitting. MOTION/SECOND: FLAHERTY/MARTY. To postpone discussion of Ordinance 773, an Ordinance Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls until after review of the ordinance regarding pools. Mounds View City Council August 14, 2006 Regular Meeting Page 6 Councilmember Gunn stated this is supposed to be the second reading. She stated that the Council gets to the point where the ordinance should be approved, and all of the sudden there are new issues. She stated it seems to delay issues that should be considered. She added that the City seems to be doing this quite often. Mayor Marty responded that he would like to get the ordinances right the first time, rather than amending or changing the ordinance at a later date. Councilmember Gunn suggested the Council do more homework so such issues do not have to be tabled or postponed several times. Councilmember Thomas stated that she has no problem postponing discussion if there are potential changes. She stated she does not believe, however, that the ordinance will change and this cannot support waiting any longer. Councilmember Flaherty stated he would like to compare the ordinances before the current ordinance is approved. Ayes – 1 Nays – 4 (Stigney, Thomas, Marty, Gunn) Motion failed. MOTION/SECOND: THOMAS/GUNN. To waive the reading and adopt Ordinance 773, an Ordinance Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls until after review of the ordinance regarding pools. (ROLL CALL VOTE) MARTY – AYE STIGNEY – AYE GUNN –AYE FLAHERTY – NAY THOMAS - AYE Motion passed. C. Second Reading and Adoption of Ordinance 776, an Ordinance Adopting the Five Year Financial Plan (ROLL CALL VOTE) Finance Director Beer explained that the City Charter requires an annual five-year finance plan adopted by ordinance. He explained there were a few changes since the work session and regular council meeting. He stated the general fund is now in balance and is reflected in the plan. He recommended adoption of the ordinance Mayor Marty added that the ordinance is a five-year plan, but will not lock the City into the plan. MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Ordinance 776, an Ordinance Adopting the Five Year Financial Plan (ROLL CALL VOTE) Mounds View City Council August 14, 2006 Regular Meeting Page 7 Councilmember Stigney asked if the LGA should be reflected. Finance Director Beer stated it is included and shows up as a grant from the State. He pointed out where it is shown in the report, under the governmental line in 2007, which increased $38,000 from the previous year. Councilmember Stigney commented that he is not interested in following the plan because there is too much spending. He stated that the levy reduction fund is already coming in to play before the budget is discussed. He stated he believes the City should have a clearer plan. He pointed out that the plan includes too much spending. MARTY – AYE STIGNEY – NAY GUNN – AYE FLAHERTY – AYE THOMAS - AYE Motion carried. D. Public Hearing, Second Reading and Adoption of Ordinance 777, an Ordinance Vacating Part of a Drainage and Utility Easement Associated with Lot 5, Hidden Hollow (ROLL CALL VOTE) Director Ericson explained that notifications went out to adjacent property owners. The City authorized the Hidden Hollow plat in 2004. He stated Lot Five is one of the last lots to be developed and the developer is requesting 1,683 feet be vacated from the drainage easement. Director Ericson pointed out that several engineering firms have determined that the easement does extend too far beyond the 100-year high water level and no problems with vacation of the easement area were found. He stated the City’s engineering firm, Bonestroo, agreed that the easement does extend beyond the 100-year water mark. He added that the developers are awaiting consideration from the Rice Creek Watershed before approval of the vacation will be granted. Director Ericson stated that the City did receive notice from some neighbors regarding their concern about the vacation of the easement. He stated the concern is that it is not mutually beneficial to allow the area to be built on because there is already water in some backyards. He stated the neighbors are worried about backyard setbacks and curb appeal if the vacation is approved. Director Ericson stated that the easement was granted for storm water management for the entire area. He stated the City did not intend to take too much easement and the Council needs to determine if it is in the City’s interest to vacate the property. He added Staff recommends approving the vacation pending the Rice Creek Watershed’s approval. Mayor Marty opened the public hearing at 8:07 p.m. Mounds View City Council August 14, 2006 Regular Meeting Page 8 Hearing no comment, Mayor Marty closed the public hearing at 8:08 p.m. Councilmember Thomas addressed the citizens’ concerns. She stated she does not believe the vacation of the easement dramatically changes where the house will be located. She stated the request is reasonable and will not cause any problem to adjoining property. She stated she does not understand the concern. Councilmember Gunn asked about the setback from the road. Director Ericson replied the building does meet the 30-foot minimum setback requirement He noted that most of the homes are setback 30-35 feet. Councilmember Flaherty noted that the property must be graded properly. Director Ericson replied that the area will not need additional grading and the vacation will serve as a walkout area. He stated that the builders would ensure that it is at least 100 feet from the high-water level. He stated after the vacation is completed, the City has requested developer will submit a as-built plan showing correct grading. Mayor Marty asked who has paid for the engineering firms. Director Ericson replied that the developer has paid for the engineering consulting. Councilmember Stigney asked if curb appeal would be harmed with the home set back further than the others. He mentioned that the home on Lot Five would be setback 40 feet rather than the 30 feet. Director Ericson noted that the garage is being set out in front of the house and will be somewhat different because of the issues surrounding it being a handicapped-accessible home. He stated there are not sufficient differences in the home that will degrade the value of other homes. Dave Regal, of Dave Regal Construction, explained the house is setback an additional five feet because the driveway is too steep for a wheelchair. MOTION/SECOND: THOMAS/FLAHERTY. To waive the reading and adopt Ordinance 777, an Ordinance Vacating Part of a Drainage and Utility Easement Associated with Lot 5, Hidden Hollow and approving publication. (ROLL CALL VOTE) MARTY – AYE STIGNEY – AYE GUNN – AYE FLAHERTY – AYE THOMAS – AYE Ayes – 5 Nays – 0 Motion carried. E. Second Reading and Adoption of Ordinance 774, an Ordinance Amending Chapters 701 and 1106 of the Mounds View Municipal Code Relating to Dog Kennels (ROLL CALL VOTE) Mounds View City Council August 14, 2006 Regular Meeting Page 9 Director Ericson stated the ordinance would change city code making it easier for residents with three or four dogs to get the necessary approval. He stated that currently there is a lengthy process for dog owners to get approval. Director Ericson stated that the issue of having three to four dogs is not a land-use issue and is not an issue to be governed by a Conditional Use Permit for a property. He stated the licensing requirements for having so many dogs will not change, the issue would continue to be regulated through licensing than through a CUP. Brian Amundsen, 3048 Wooddale Drive stated he does not understand dog kennels and the position of the community. He asked if the City is a rural, suburban, or city community. He stated he is concerned with residents having three to four dogs. Mr. Amundsen pointed out that such a number can cause significant messes in an area and that he believes such a number of animals should require a kennel. He stated he believes the CUP should stay with the property owner. He stated his opposition because he believes the neighboring property value could be diminished. Stan Meyer, 2812 Sherwood Road, asked if the ordinance applies to any types of kennels. Director Ericson responded that the change is strictly residential and applies to pets, not to commercial kennel operations. Director Ericson responded to Mr. Amundsen’s concerns saying that if the property owner meets the requirements of the CUP for the kennel, which there are none other than kennel requirements, that they are granted a kennel license. He stated there is no mechanism by which the City can deny the CUP. He stated the City is strengthening the ordinance with a revocation clause, which was not include, and read the revocation conditions. Director Ericson stated another clause is being added stating that certain persons are not allowed kennels. He stated the only significant change is that the neighbors will not receive notice before hand, but that property owners still must obtain signatures from at least 50% of the neighbors within 500 feet. City Administrator Ulrich asked Director Ericson to address the portability of the license and whether it can be transferred from one property to another. Director Ericson stated the licensing is done through a different department and the planning department is not involved in the licensing process. He added that he does not know if a move requires the license to be renewed. Councilmember Flaherty stated he believes a move should require a new license. Councilmember Thomas stated she does not believe four dogs is an unreasonable number. She stated that current licensing requirements create conditions where the license can be revoked. Thomas stated she does not believe a kennel for three to four dogs is a property issue. Councilmember Gunn pointed out that an animal owner has to reapply for their license when Mounds View City Council August 14, 2006 Regular Meeting Page 10 they move. Mayor Marty asked if the justification for revocation includes incessant barking. Director Ericson responded that it does apply to incessant barking. Mayor Marty stated he believes the new ordinance gives the City more control over the issue than it has in the past. He stated he was bothered that the CUP stays with the property. He stated that the problem occurs when new property owners move in and have a pre-existing CUP in place for 3 or 4 dogs. MOTION/SECOND: THOMAS/FLAHERTY. To waive the reading and adopt Ordinance 774, an Ordinance Amending Chapters 701 and 1106 of the Mounds View Municipal Code Relating to Dog Kennels (ROLL CALL VOTE) MARTY – AYE STIGNEY – AYE GUNN – AYE FLAHERTY – AYE THOMAS – AYE Ayes – 5 Nays – 0 Motion carried. F. Resolution 6902 Amending contract for Fire Protection Services; Amended Exhibit A (Lease of Real Property) Fire Chief Zikmund responded that this is a housekeeping item and that it is the first step in disposing of the two fire stations. He stated that the Fire Department has a lease with the three cities for the property, which is owned by the three cities but titled to the City of Blaine. He stated the joint powers agreement then gives the Cities the power to dispose of the property. He explained that the fire department would be vacating the property on October 1st, which is when the new fire department will be open. Fire Chief Zikmund stated there have been preliminary discussions with the City Blaine and the other two cities to work out a fair price. He stated the Station property was appraised and an adjoining church is interested in purchasing the property. He noted that once there is a buyer for the property, a Resolution would come to the City of Mounds View and other Cities to approve the sale. Mayor Marty asked if the City of Blaine would purchase Fire Station Number Five. Fire Chief Zikmund stated that the property is not marketable and the value of the building is $200,000. Councilmember Flaherty asked where the funds would be go if it were sold. Finance Director Beer stated that the City would purchase additional equipment with the sale of the Stations. Fire Chief Zikmund explained that Blaine would purchase Fire Station Five since it already owns the majority of the building. Mounds View City Council August 14, 2006 Regular Meeting Page 11 Fire Chief Zikmund stated the City of Spring Lake Park adopted the resolution and it is before the City of Blaine’s Council on Thursday. MOTION/SECOND: GUNN/STIGNEY. To waive the reading and adopt Resolution 6902, Amending contract for Fire Protection Services; Amended Exhibit A (Lease of Real Property). Ayes – 5 Nays – 0 Motion carried. Fire Chief Zikmund noted the grand opening of the new station would be September 13th. G. Resolution 6892 Approval of Interim Lease Agreement in the Mounds View Community Center for Oops Dinner Theatre Economic Development Coordinator Backman explained that the principals of the Oops Dinner Theater have toured the Community Center and have determined it acceptable for their dinner theater. Economic Development Coordinator Backman explained that the short-term seven-month lease would run from September 2006 through March 2007. He stated it would supply Mounds View with a revenue supply that has moderate risk. He stated negotiations have been occurring over the last several weeks and real-estate taxes and revenue need to be addressed by the Council. Economic Development Coordinator Backman stated that Community rooms C and D will be used exclusively by Oops, but the banquet center will not. He noted that the original proposal stated the Theater would pay the City $3.50 for each ticket sold, but the principles of the Dinner Theater would prefer to drop the per-ticket fee and increase the base amount of the lease. He stated the reason is to consider a ticket incentive program during a long-term lease because it does not give the City an idea about the cycle of ticket sales throughout a full year. Economic Development Coordinator Backman explained the revised lese agreement and pointed out that the Theater would be using the kitchen area and will have “unencumbered access” to the banquet center for rehearsal space. He stated the Theater wanted to make it clear that they would have access to the banquet facilities for rehearsals. He stated the lease would be reviewed 90 days before its end for a longer-term lease. He pointed out the fourth point on the lease, which made clear that the Theater both has performances and hosts special events. He also noted the caterer who will be working with the Theater. Carol Mueller, 8343 Groveland Road, stated the Theater is an excellent idea and mentioned it will have a positive impact on the children in the community. She stated community groups use the building and she would not like the benefit to the community diminished due to the city’s want for money. She asked how the daycare center would be affected, particularly with the serving of alcohol. She asked about what will happen if the Community Center goes away. She asked how the issues of alcohol within a certain number of feet of a childcare center. Mounds View City Council August 14, 2006 Regular Meeting Page 12 Economic Development Coordinator Backman responded that the childcare facility will remain a tenant and he does not anticipate any impact on the childcare’s operation. City Administrator Ulrich pointed out that the City currently allows liquor to be served at the banquet center. He also stated Marta McIntyre would address the impact of the Theater on youth programs. Mary Kay Fangel of Oops Dinner Theater stated she would not be serving alcohol any differently than it will be for a wedding or any other event in the banquet center. She stated the Theater would only be using two rooms and the banquet center when it is available. She stated she is working with Community Center Staff so the Theater will not interfere with other activities. Councilmember Thomas stated that Marta McIntyre of the YMCA programming at the Community Center would address the programming issues, but she anticipates some impact to the programming. Councilmember Gunn asked when Random Park would be completed and mentioned it could also be used for programming. Public Works Director Lee stated it should be available mid-September. Ken Glidden, 5240 Edgewood Drive, asked about the use of the Community Center for the Theater and whether it was consistent with the Community’s vision for the Center. He stated the citizens of the City voted to approve the banquet center at the Community Center. He stated that the voters authorized the expense to turn the building into a Community Center, not a business. He noted his concern that nearly half of the Community Center will be used for private enterprise and not for the use of citizens. He stated he does not approve. Mr. Glidden stated that the goal is to make the Community Center self-supporting, which he does not believe is an adequate goal. He stated it is his understanding that both youth and senior citizens’ activities will be affected. He stated he does not know of any other Community Center that is self-supporting and that the voters, when they approved the Community Center approved the expense. Mr. Glidden stated that he does not see that the City has such major budget problems to justify turning the Community Center into a for-profit or self-supporting entity. He encouraged the Council to deny the resolution and reminded them it is important that the citizens have full access to the Center Pam Docken, President of Oops Theater, pointed out that Maplewood Community Center houses the Heritage Theater, which has been quite successful and has brought many community member together. She stated the intent is not to take over the Community Center, but to bring theater to the community. She stated that their goal is to allow the community to be involved in the arts and added that Oops will provide Mounds View Community Theater space to hold performances. She stated there are several other rooms available and when the Theater is not having performances, the Center can use the rooms for various other meetings. Mayor Marty asked Marta McIntyre, about how programming will be affected by Oops’ lease. Ms. McIntyre stated her concern is with Community Room C, which is the largest room and is used very often. She stated some of the impacts would be that the after-school program, summer Mounds View City Council August 14, 2006 Regular Meeting Page 13 program, ballet and jazz classes, exercise classes, adult scrap booking, and other program would be affected. She stated not having a large-enough space for such classes will significantly affect programming. Councilmember Flaherty asked the impact on programs and how it will impact community members who will use the space since the private caterers have left. Ms. McIntyre stated there has been positive feedback from residents who would like to use the space, but the Community Center Staff have not allowed any reservations past August due to the discussions with Oops. She stated there have been several inquiries about weddings. Mayor Marty asked if it is without any advertising, and Ms. McIntyre replied it is just by word-of-mouth. Councilmember Flaherty stated there has been significant interest in the Center. Ms. McIntyre stated her direction has been to not reserve any space after the end of August. Ms. Docken addressed Ms. McIntyre’s concern. She stated shows begin at 6:00 p.m. and are not held every night. She stated she does not expect shows on Mondays and Tuesdays, and during the days the banquet room is open. She stated that there is a low season in theater when there is a high season in weddings. She explained that the Theater is flexible with scheduling around community uses. She stated that the proposed renovation of the Community Center into a fitness center would impact the center in the same way. Councilmember Thomas replied that the fitness center would not affect the Center in the same way as the Theater would and it would increase community programs. Councilmember Flaherty asked about the Theater’s schedule. Ms. Docken explained that on show days, they would be occupying the space from 5:00 – 10:00 p.m. Ms. Docken clarified that rehearsals would not be from 6:00 – 9:00 a.m. Mayor Marty asked about the Theater’s schedule in December, and stated that the rooms will only be available for community use for three days. Ms. Docken explained that the banquet room and dance floor would be open during the days. She also explained the configuration of the stage. She said that the stage and tables would have to remain in place during the day during the shows. Mayor Marty asked City Administrator Ulrich and Assistant To The City Administrator Crane about Election Day on November 7th and that in the past, City Staff has used the Community Center in the past for election set-up. Ms. Docken explained that there would not be a show the Monday night before elections and that there will be rehearsals, but it would available for election set-up. MOTION/SECOND: STIGNEY/. To waive the reading and adopt Resolution 6892, Approval of Interim Lease Agreement in the Mounds View Community Center for Oops Dinner Theatre. Motion failed due to lack of second. Mary Scotch, 7806 Gloria Circle, stated that she understands they want to bring in extra revenue Mounds View City Council August 14, 2006 Regular Meeting Page 14 for the City. She stated she does a lot of philanthropic work in the City and a colleague indicated she had requested a date from the Community Center in December. She stated that she would like to use the facility and was told the Center was not accepting any reservations. She asked if the City could look at another facility for a Community Center. She stated she would like to use the Community Center as a resident of Mounds View and asked the Council to reconsider the Dinner Theater. Mary Kay Walsh-Kasmarik, 8345 Pleasant View Drive, stated she is opposed to the proposal for principle, practicality, and precedent. She stated she is opposed on principle because the Community Center should be used primarily by Mounds View citizens. She stated the City should consider the Community Center with the best interest of the citizens in mind. She stated that private business discouraged community use of the Community Center. She encouraged the Council to have a larger vision of the community and perhaps that there are better places for the Theater. She stated there should be a larger vision for Mounds View, rather than allowing the Theater in the Community Center. Sarah Kessler of Oops Theater stated she appreciated the comments from citizens. She stated that the caterer is not exclusive for the entire banquet center and that the Theater is not taking over the Community Center. She said that auditions are open community-wide and Mounds View residents can be involved. She stated this would be a trial-period to determine if the Theater would work for the City and in the interim, it is a source of revenue for MV. She stated the interim lease would allow for Mounds View to determine if it is an acceptable, viable, community-friendly use. Brian Amundsen, 3048 Woodale Drive, stated that the space in Maplewood is a dedicated theater space. He explained that the Theater in Maplewood does not interrupt in any way the functioning of the Community Center. He stated that tickets are more affordable and suggested Mounds View contact Maplewood about revenue from their theater. Mr. Amundsen expressed his opposition to the Theater and stated he would like to keep the Community Center open to residents. He stated that Oops may be well intentioned, but it does not belong in the Community Center. He stated he would rather have the Community Center improved for residents rather than be a self-supporting entity. He also stated he is concerned about the language “unencumbered.” He asked the Council to oppose the Theater. Bruce Nustad, Staff President at Twin Cities North Chamber of Commerce, stated his support for Oops and stated it is the opinion of the Chamber that it will bring more money into the city. He stated from a competitive perspective, there are no dinner theaters in the immediate area and Oops would be an excellent addition to the community. Ms. Docken stated that the Heritage Theater is an excellent theater, and Oops is not asking for a permanent stage structure. She stated that only 37% of the ticket price in Maplewood goes toward the price, and that they are funded through various grants wand private donations. She stated that Oops is funded on its own. She stated that it is the Theater’s intent to offer classes in drama, voice, and acting as part of their use. Mounds View City Council August 14, 2006 Regular Meeting Page 15 Stan Meyer, 2812 Sherwood Road, stated the YMCA would be adversely affected if the Theater were approved. He stated that it seems the community is against the Theater and the Community Center should not host businesses. He stated he would be subsidizing the Theater through his taxes so they can make a profit, even though he and his family cannot afford the ticket price to enjoy the Theater. Scott Bryant, 2677 Scotland Court, stated he works with Oops, but he has also used the community Center. He stated when he has visited the Center, he has not noticed much activity. He stated the Oops is very flexible and they are willing to make accommodations for other groups and uses. He stated that Oops has shared space before and will give the community another entertainment option. He stated a seven-month trial period is something that is worth considering. Jill Lovare, 2249 Cheshire Circle, stated that she would like to use the Community Center, but she did not join any programs because nothing appealed to her. She supports the Theater because she would enjoy it and it would offer more variety. Connie Hammes, 5511 Quincy Street, stated the Community Center was built for the community and her concern are the children in the community. She stated if the after-school program is ended, the children involved in the after-school program might have no place to go. Councilmember Gunn asked Ms. McIntyre about the after-school program. McIntyre stated there are several children in the after school program. Councilmember Gunn asked how the Council will know if the Theater will work if it is not tried. She asked if other park buildings could be utilized. She stated part of the remodeling plan was a fitness center, which would affect areas of the Community Center as well. She suggested other areas of the building be considered for more space and pointed out that $3200 per month would come in from the dinner theater in the next seven months. Councilmember Flaherty stated that he would love to give the Center to the community. He stated that the programs are becoming more widely used and he is encouraged. He stated he wants to make sure the community will use the Center. He noted in the contract that tenant shall have “unencumbered access to the banquet center...” and he does not like the carte blanche of the lease. He stated he is willing to give the Center to the community if they will use the Center. Councilmember Stigney stated the key word is the interim. He stated it allows the City to give the Theater a try for a specified time period in which the City can earn some revenue from the Center. He stated that it allows the City some time to determine if the Theater will work or what else will work for the City. He stated he believes that the interim lease is the best thing for the City. MOTION/SECOND: STIGNEY/. To waive the reading and adopt Resolution 6892, Approval of Interim Lease Agreement in the Mounds View Community Center for Oops Dinner Theatre. Mounds View City Council August 14, 2006 Regular Meeting Page 16 Motion failed for lack of second. Judy Cummans, 7729 Knollwood Drive, stated she called the Center and was told she could not rent at this point. She asked what type of theater Oops is. Ms. Docken replied that it is a G-rated family theater. Ms. Cummans asked how the Theater makes their money and stated her concern that the Theater will not pay their bills. Ms. Docken stated they have always paid their bills and the lease is a binding contract and ensures they will pay. Ms. Cummans added that if the Theater will lower her taxes, she will support it, but if it will not, she does not support it. Mayor Marty asked about ticket prices. Ms. Docken replied that the ticket price averages $33.00 but that ticket prices range from $19 - $59. She stated matinees are $25 per ticket with a meal. She noted that ticket prices are higher for prime nights, Friday and Saturday nights. Mayor Marty pointed out that on the top of page 2, in the staff report, that the City would receive 3.50 for each full-price ticket sold. He pointed out that the old agreement indicated the City would receive $34,000, and with the new agreement of the flat rate, the amount would be $32,000. He noted the language about “unencumbered access” seems as though the City is giving the Theater carte blanche access. He asked when residents would be ale to use the Center if the Theater has unencumbered access. He pointed out the language implies it will be used as more than a dinner theater. Mayor Marty pointed the new language stating that tenant will be responsible for setting up of table and chairs. He asked if the City employee will have to supervise and stated that someone would have to pay for a Staff person to supervise. He noted new language regarding telephone, Internet and Cable and asked why the City would be paying for such expenses. He also asked about whether or not Oops could break the lease in the case of fire or other casualty under Number 12, and asked if the tenant will have to pay damages if they are responsible. Mayor Marty noted Number 24, which is the tax compliance and status of premises. He questioned if the lease runs through March, and if the city decides not to renew the interim lease, if the City will be paying taxes for 2007. Finance Director Beer stated the status of the Community Center was changed to for-profit, the change would be effective in 2008. He clarified that if it was changed, there would not be for-profit taxes assessed in 2007 or 2008. Mayor Marty stated Mounds View is predominantly a blue-collar community and most residents will not be able to afford $59 seats. He stated that the Council asked the YMCA to provide more services to the community and programs are finally being increasing and more Mounds View citizens are using the programs. He stated that programs are expanding and he is hearing more positive feedback about the programming. Mayor Marty stated the City was pricing citizens out of the Center when private caterers were allowed. He stated he has gotten more calls regarding the Community Center since the for-profit businesses have left. Mayor Marty stated the Community Center needs to stay community focused. He stated he Mounds View City Council August 14, 2006 Regular Meeting Page 17 would like to see continued use by the City, not by a for-profit entity. He added he wants to give the Community Center back to the citizens. He pointed out that two residents spoke in favor of Oops, one of whom is an employee, and that all other residents spoke against the Theater. Economic Development Coordinator Backman replied that Oops would take care of their own set-up and teardown. He stated that he has told Oops that they would have to pay for their telephone line. He stated that there could be an alternate wording for the word “unencumbered.” City Attorney Riggs stated there are a number of conditions in the lease that are not consistent and there are several issues the Council should discuss. He stated that the Council needs to determine who has priority in the Center. He pointed out that the document in front of the Council should not be the final version. Mayor Marty asked about the language stating, “direct supervision and control of a staff member” during set-up and takedown. Ms. Fangel stated that some of the language is still being discussed and that she does not expect the contract in front of the City now to be the final version. She stated that she wants to make sure that phone and Internet is available to the Theater, but they will pay for their own services. Mayor Marty stated he did not think the direct supervision of the set-up and teardown is necessarily bad to ensure the integrity of the building. Ms. Fangel stated Oops is not opposed to such language. MOTION/SECOND: MARTY/FLAHERTY. To deny Resolution 6892, Approval of Interim Lease Agreement in the Mounds View Community Center for Oops Dinner Theatre. Councilmember Gunn stated there is a discrepancy with the Resolution number. City Administrator Ulrich confirmed that it is Resolution number 6892. Councilmember Stigney stated that because it is an interim lease, it needs more refinement and should not be denied at this point Mayor Marty stated the goal of the Community Center is to increase programming and start marketing the Community Center to the public. Councilmember Stigney stated that the Community Center should be self-sufficient, which is one of the goals established by the Council. He stated the Council should consider what other things are happening with the Community Center while the City is determining better uses during the seven-month time period. He stated denying the Theater lease is the wrong thing to do. Councilmember Flaherty stated he understands that Oops is looking for a place to hold their shows, but he believes that the Center needs to be given back to the citizens. He stated he has examined the calendar and there are many dates being requested by the Theater. He stated he would like a solution determined by Oops and the YMCA working together. He stated he would rather provide the programming for the citizens, but would like Oops and the programming to Mounds View City Council August 14, 2006 Regular Meeting Page 18 work on an acceptable arrangement. Councilmember Gunn stated she is in favor of opening the Center up to the residents, but she would like the citizens to understand how much the City is spending to subsidize the Community Center. She stated there are many people who are against the City subsidization of the Center. She noted that the Center is not used all of the time and that there are several park buildings that could be used along with the Community Center. Councilmember Gunn asked Finance Director Beer how much is spent on the Community Center. Finance Director Beer replied that $142,000 in 2006 would be spent, which did not take into account the $75,000 in lost revenue that occurred. Councilmember Thomas stated her decision is difficult. She stated she chaired a committee about the Community Center and the task force determined the Center should be used by the community, not for profit. She stated that the City must determine what direction the City needs to take with the Center because the expenditures are quite significant. She stated the task force suggested a fitness center because they determined the Center should bring in revenue. Councilmember Thomas stated the City has never had a building available to rent and this is a new discussion that needs to be further considered. She stated that the Theater does not follow goals set by the community task force for the Center. She stated the City needs to determine how to fill the revenue hole, but she does not think the Theater is the proper entity. Councilmember Stigney stated that the City does not have anything to plug the revenue hole currently, but the Theater offers a seven-month time period in which to determine what will be the best use. He stated the City should give the Theater a chance. He thought that the Council gave Oops and the YMCA direction to discuss their schedules and come to a compromise. MOTION/SECOND: STIGNEY/FLAHERTY. To postpone discussion of Resolution 6892, Approval of Interim Lease Agreement in the Mounds View Community Center for Oops Dinner Theatre, to allow time for Oops to discuss schedules with the YMCA and staff to clarify the lease, until the City Council meeting on August 28, 2006. Mayor Marty stated that in the seven months, the City would eliminate some of the community programming, which has taken years to be built-up. He stated that the efforts and results would be eliminated if the lease were approved. He stated he is against the lease being taken any further. Councilmember Flaherty asked if Ms. McIntyre and Oops have discussed their schedules. Ms. McIntyre responded that they only met with Oops during the initial proposal. She continued that the YMCA’s position is that they are not under the obligation to negotiate with Oops. She stated if there were a place to hold the programs, they would do it, but that they are not in the position to try and negotiate or compromise. Ms. Fangel stated after the first meeting, she called Ms. McIntyre about a possible meeting, but Mounds View City Council August 14, 2006 Regular Meeting Page 19 that she responded that Ms. McIntyre and the YMCA were not interested in compromise. McIntyre stated her concern is having the space of Community Room C, which is used seven days a week. City Administrator Ulrich stated if the direction was given, the City would go back and determine if additional language could be added and other building spaces would be explored. Councilmember Gunn stated that she would like to direct Oops, Ms. McIntyre, and Staff to present the Council with exact schedules. She stated that additional space needs to be considered and the lease needs to be cleaned up before the next meeting. Ayes – 3 Nays – 2 (Thomas, Marty) Motion carried. CONTINUATION OF MEETING 10:00 p.m. MOTION/SECOND: GUNN/THOMAS to continue the City Council meeting until 11:00 p.m. Aye – 5 Nay – 0 Motion Carried H. Resolution 6894 Approval of the Ramsey County Countywide Public Safety Radio Communications Subsystem Subscriber Agreement Police Chief Sommer stated that the resolution concerns the Ramsey County countywide public safety subsystem subscriber agreement, which is the system associated with the 800-megahertz system. Police Chief Sommer stated this is system wide, and the Ramsey County system ties in to Anoka, Hennepin, and other counties. He stated that all other cities in Ramsey County have agreed to use the consolidated system. Mayor Marty asked about Section 3.6 of the agreement, the radio cloning fees. Police Chief Sommer stated it has to do with the actual radios, which have the capability of 250 channels and it takes time to create duplicate radios. He stated cloning of the radio means making another user radio. Mayor Marty asked about section 4.3, which addresses the financing of subscriber radios. Police Chief Sommer stated the City has purchased their radios and the County has paid $1995 per radio, much of which was funded through a federal grant. He explained that the mobile radios are approximately $2900 a piece. MOTION/SECOND: GUNN/STIGNEY. To waive the reading and adopt Resolution 6894, Approval of the Ramsey County Countywide Public Safety Radio Communications Subsystem Subscriber Agreement. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council August 14, 2006 Regular Meeting Page 20 I. Resolution 6917 Authorization to Hire a Replacement Police Officer for the Mounds View Police Department. Police Chief Sommer stated there is a current opening and there is an existing list of potential officers and the next person on the list will fill the opening. He stated the next person on the list is Nicholas Erickson who has completed all but two tests. He stated Staff recommends approving Nicholas Erickson as a police officer contingent on passing psychological and medical tests. MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 6917, Authorization to Hire a Replacement Police Officer for the Mounds View Police Department. Ayes – 5 Nays – 0 Motion carried. J. Resolution 6903 Severance payment for Thomas Baumgart, Mounds View Police Officer Assistant to the City Administrator Crane stated Thomas Baumgart was terminated from his position due to his inability to perform the essential functions of a police officer as concluded by his health care provider. She stated the termination was effective July 10, 2006. She added that the draft Resolution authorizes a severance payment to Mr. Baumgart for his accrued compensatory and vacation time. She noted the payment is in accordance with the Mounds View Personnel Manual and the current LELS Police Officers Labor Agreement. Assistant to the City Administrator Crane stated the resolution provides a payout of Mr. Baumgart’s vacation hours, which is $5,458.20. She noted it was calculated as 181.94 hours times his hourly salary of $30.00. She added that the Resolution also provides for a payout of his compensatory time, which is $337.50. She noted it was calculated as 11.25 hours times his hourly rate of $30.00. Assistant to the City Administrator Crane stated it has also come to Staff’s attention that the City may be responsible for the continued contribution payment of Mr. Baumgart’s health insurance, in accordance with Minnesota State Statute 299A.465, subd 1. She read from the Statue which states: “The employer is responsible for the continued payment of the employer’s contribution for coverage of the officer or firefighter and, if applicable, the officer’s or firefighter’s dependents. Coverage must continue for the officer of dependents until the officer of firefighter reaches age 65. However, coverage for dependents does not have to be continued after the person is no longer a dependent.” Assistant to the City Administrator Crane stated that Staff recommends severance payment to Thomas Baumgart in accordance with the current LELS Police Officers Labor Contract in the amount of $5,795.70. Assistant to the City Administrator Crane noted e-mail from Mr. Alsop, Kennedy and Graven, Mounds View City Council August 14, 2006 Regular Meeting Page 21 that Mr. Baumgart must be approved by an approved physician to receive such benefits. She stated she would report back to the Council with findings. Councilmember Stigney asked about why the City should not go ahead with payment. City Attorney Alsop replied the City should go ahead with the payment. Mayor Marty asked about the continued contribution and asked if the City will receive any assistance to pay for the health insurance. Assistant to the City Administrator Crane stated she is still researching the grant money available for the payments. City Attorney Alsop stated that if the City pays for the insurance, it will qualify for reimbursement, but that may change depending on how much the legislature contributes to the reimbursement account. MOTION/SECOND: THOMAS/GUNN. To waive the reading and adopt Resolution 6903, Severance payment for Thomas Baumgart, Mounds View Police Officer. Councilmember Flaherty left the meeting at 10:25 p.m. Mayor Marty asked if the City would start paying for insurance immediately. City Attorney Riggs stated it would start as soon as there is the fair determination made. He stated that it has been recommended for Mr. Baumgart to go to the approved physician. He stated there is no question if he qualifies, but only the question on when he will see the physician. Ayes – 4 Nays – 0 (Flaherty absent) Motion carried. K. Resolution 6904 Severance Payment for Jodi Salmonson, Mounds View Receptionist Councilmember Flaherty returned to the meeting at 10:29 p.m. Councilmember Stigney left the meeting at 10:30 p.m. Assistant to the City Administrator Crane stated that Jodi Salmonson resigned from her position as the Mounds View Receptionist, effective August 7, 2006. She stated the Resolution authorizes a severance payment to Jodi Salmonson that is in accordance with the Mounds View Personnel manual and the current AFSCME labor agreement. Assistant to the City Administrator Crane explained the Resolution provides a payout of Ms. Salmonson’s vacation hours, which equals $14.78. She stated the amount was calculated as 1.02 hours times her hourly salary of $14.49, which equates to a $14.78 severance payment. Assistant to the City Administrator Crane stated Staff recommends payment to Jodi Salmonson. MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution Mounds View City Council August 14, 2006 Regular Meeting Page 22 6904, Severance Payment for Jodi Salmonson, Mounds View Receptionist. Ayes – 4 Nays – 0 (Stigney absent) Motion carried. L. Resolution 6912 Authorizing a Step Increase for Mark Beer, Mounds View Finance Director Assistant to the City Administrator Crane stated Mark Beer is a current employee with the City of Mounds View and his supervisor has recently reviewed his performance as it relates to his job description. She explained that it was determined Mark Beer has more than satisfactorily performed in the capacity of his position, and therefore, a step increase wage adjustment is consistent with the Mounds View Personnel Manual. Assistant to the City Administrator Crane stated Staff recommends approving Mark Beer’s step increase in accordance with the Mounds View Personnel Manual. MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6912, Authorizing a Step Increase for Mark Beer, Mounds View Finance Director. Ayes – 4 Nays – 0 (Stigney absent) Motion carried. Councilmember Stigney returned to the meeting. M. Resolution 6915 Authorization to Hire for a Receptionist in the Administration Department. Assistant to the City Administrator Crane stated the position is currently vacant and due to this vacancy it is becoming to maintain customer service levels. She noted the position is Hay Pointed at 169 and the position is currently an AFSCME union position and the City is currently in labor negotiations for a new 2006-2007 contract. Assistant to the City Administrator Crane stated Staff was given permission at the August 7, 2006 Work Session to advertise for this position. She noted the position is currently advertised on the City’s website and on the League of Minnesota Cities’ website. She explained that in addition, the position would also be advertised in the Sunday edition of the Pioneer Press and in next week’s edition of the Mounds View/New Brighton Bulletin. Assistant to the City Administrator Crane stated the top candidate would start at Step One, progress to Step Two in six months, to Step Three after twelve months, Step Four after twenty- four months and finally Step Five after thirty-six months of employment in accordance with the Mounds View Personnel Manual and current AFSCME Labor Agreement. She noted that as stated previously, AFSCME is in negotiations with the City for a new 2006-2007 contract, and the starting salary will be in accordance with the most current AFSCME Labor Agreement. Assistant to the City Administrator Crane stated that due to the present personnel levels at the Mounds View City Council August 14, 2006 Regular Meeting Page 23 City, Staff did request at the Work Session permission to start looking at temp agencies to help fill the void in the position until a candidate is hired. She noted that Marge Norquist, Part-Time Account Clerk for the Finance Department, has volunteered to work full-time on a temporary basis (not to exceed 60 days) until a receptionist is hired. She explained that the agreement would eliminate the need to hire a temporary employee. Assistant to the City Administrator Crane stated that Ms. Norquist would not be collecting any additional benefits due to the temporary change to a full-time status. She noted Ms. Norquist would receive her current rate of pay. She explained Staff anticipates on having a top candidate presented to the City Council at the September 11th meeting. Assistant to the City Administrator Crane stated Staff recommends approval of the draft resolution authorizing staff to start the hiring process of a replacement Receptionist in the Administration Department. She stated Staff also recommends allowing Ms. Norquist to work full-time to fill the position in the interim. MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6915, Authorization to Hire for a Receptionist in the Administration Department. Mayor Marty commended Ms. Norquist for stepping forward to fill this position. He asked if the account clerk in the finance department would have more responsibilities. Councilmember Stigney stated his opposition to hiring someone for this position and stated that the receptionist should also be the communication coordinator. He stated that the administrative assistant should take some of the “Assistant to the City Administrator” duties. Ayes – 4 Nays – 1 (Stigney) Motion carried. N. Resolution 6895 Approving a Contract for the SCADA System Upgrade No. 2 Public Works Director Lee stated Staff recommends postponing action. MOTION/SECOND: MARTY/FLAHERTY. To postpone action indefinitely of Resolution 6895, Approving a Contract for the SCADA System Upgrade No. 2 until Staff can come back with a recommendation. Councilmember Stigney thanked Mr. Meyer for staying around to discuss this issue. Ayes – 5 Nays – 0 Motion carried. Stan Meyer, 2812 Sherwood Road, stated that he is in the business and buying proprietary parts from one company is not a good position for the City to be in. Councilmember Flaherty stated that the City is currently experiencing complete failure with the phone system. Mounds View City Council August 14, 2006 Regular Meeting Page 24 Director Lee stated the City owns one of the communication systems, which is the one that is giving them problems. O. Resolution 6905 Approving Change Order No. 1 for the Groveland Park Building Replacement Project Director Lee stated the Groveland Park building would be classified as a Group A Building and the City will be required to provide a fire suppression system in the building. He stated the system would be $13,287, which is $7,000 less than the Random Park building due to several reasons. MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6905, Approving Change Order No. 1 for the Groveland Park Building Replacement Project. Ayes – 5 Nays – 0 Motion carried. P. Resolution 6898 Approval of the Dispatch Services Agreement with Ramsey County Police Chief Sommer stated all cities in Ramsey County would receive dispatch services through this agreement, which specifies the costs to the City. He stated costs will go down in 2007 and will probably remain close to the amount since call levels have remained the same. He stated Ramsey County would cover 60% of costs in the future. He stated Mounds View would be the first city in Ramsey County to use the system. Mayor Marty asked about page two, article four, and membership to the dispatch policy committee. He asked about the membership and stated his concern that the numbers are heavily weighted toward Saint Paul. Mayor Marty also pointed out the dispatch users group and stated his concern that Mounds View is the only Ramsey County city in their fire department’s group. He asked if the Mounds View’s department could communicate with Anoka County as well. Police Chief Sommer stated that the Mounds View fire department is primarily dispatched primarily by Anoka County. He stated the calls are transferred to Anoka County’s dispatch center and there are no problems with communication. MOTION/SECOND: STIGNEY/GUNN. To waive the reading and adopt Resolution 6898, Approval of the Dispatch Services Agreement with Ramsey County Mayor Marty asked if there is anything Mounds View can do about the membership on the policy committee. Police Chief Sommer stated the membership is based on volume of users and Mounds View is one of the smallest cities using the service. He stated the City has the same representative agreement as Roseville and New Brighton, which have approved to the agreement. He stated the numbers are appropriate. Mounds View City Council August 14, 2006 Regular Meeting Page 25 Police Chief Sommer stated the costs of the dispatch agreement are a good deal for the City. Ayes – 5 Nays – 0 Motion carried. Q. Resolution 6907 Approval of a Supplemental Furniture Order for the City Hall Remodel Police Chief Sommer stated he submitted an initial order, but after Staff moved in, there were some additional furniture needs. He stated some of the older furniture did not work functionally. He stated the amount is $10,614 with additional $2,900 for additional Council seating. He stated this should be sufficient for fitting of new furniture for all Staff. Councilmember Stigney asked if $2,900 is for the Council seating and asked what happened to the old seats. He stated he would like to discuss new seats at a work session before approving new seats. Mayor Marty noted that the old chairs were thrown out. He stated that the Council should have had input about chairs before the new ones were ordered. City Administrator Ulrich stated the chairs proposed would be an upgrade. He stated Staff made the decision to throw out the old chairs. He explained there has been dissatisfaction expressed with the new chairs and the City cannot go back at this point. Councilmember Stigney asked how much the various decisions that were made about various furniture and design that were approved. He suggested the decision be postponed. Councilmember Thomas stated that that another conversation needs to be had, but the items being requested are needed by Staff. She stated she does not see reason in postponing something that will not be changed and the City needs to move forward. Mayor Marty asked about the Global Malaga task Chair for a total of $650.42, the Sit On It Armed Guest Chair for a total of $527.84, three binder bins for $442.17, and on page 5, $289.00 for a garbage can. He asked about other expenses such as the recycling can for $248. Police Chief Sommer explained the task chairs are for two full-time Staff members who have older chairs and who need new chairs. He stated the guest chairs are side chairs for offices that are the same model as other guest chairs. He stated he is not familiar with the garbage or recycling cans and they are the types of cans that will be in the hallway and public areas. Mayor Marty stated that $289 for one garbage can is excessive. Police Chief Sommer stated all of the products are commercial quality. Councilmember Stigney asked if the $1,190 listed was the credit for the current Council chairs. Police Chief Sommer confirmed that the amount was the credit. Mounds View City Council August 14, 2006 Regular Meeting Page 26 Councilmember Stigney stated that he thinks the Council should suffer in their chairs. Mayor Marty stated for $3,000, he might bring a different chair from a different area. Mayor Marty asked to remove the $2,900 for chairs. Councilmember Thomas stated that the chairs need to be proper and that will fit for all different sizes of people. Mayor Marty suggested they hold off on the chairs for more research. Mayor Marty asked to strike the Henrickson Public Sector Group item in the amount of $2,900. MOTION/SECOND: MARTY/GUNN. To waive the reading and adopt Resolution 6907, Approval of a Supplemental Furniture Order for the City Hall Remodel, as amended. Councilmember Stigney stated that the City should research what other options are available for other supplies. Mayor Marty asked if other equipment has been considered. Police Chief Sommer replied that the furniture on the order is the same style as the others that have been ordered. Director Ericson explained that the garbage can is a commercial grade cherry wood container that will match the rest of the décor. Mayor Marty questioned the need for the cherry wood garbage and recycling cans. Ayes – 5 Nays – 0 Motion carried. R. Resolution 6918 Approval of the LELS Local 232 (Police Sergeants) 2005- 2006 Labor Agreement. Assistant to the City Administrator Crane stated that the agreement that was reached is for a general 3% wage for January 1, 2006, and a general 3% wage increase for January 1, 2007. She noted the City agreed to a $682.20 insurance contribution in 2006 and $732.20 in 2007. She also added that the City agrees to increase the uniform allowance to $690.00 in 2006 and $710.00 in 2007. Assistant to the City Administrator Crane stated Staff recommends approving the resolution. MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6918, Approval of the LELS Local 232 (Police Sergeants) 2006-2007 Labor Agreement. Mayor Marty noted the agenda states the 2005-2006 agreement. Assistant to the City Administrator Crane stated it should be 2006-2007 Labor Agreement. Ayes – 5 Nays – 0 Motion carried. CONTINUATION OF MEETING 11:08 p.m. Mounds View City Council August 14, 2006 Regular Meeting Page 27 8. CONSENT AGENDA Mayor Marty asked to remove Item K. Councilmember Thomas asked to remove Item L. Councilmember Flaherty asked to remove items E and I. A. Licenses for Approval B. Resolution 6908 Approving Appointment of Election Judges for the 2006 Primary and General Election. C. Set a Public Hearing for August 28, 2006 at 7:05 p.m. for the introduction, and First Reading of Ordinance 778, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2007. D. Set a Public Hearing for August 28, 2006 at 7:10 p.m. for the introduction, and First Reading of Ordinance 779, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View for the Year 2007. E. Resolution 6896 Approving a Contract Award for the Repair of Leaking Catch Basins F. Resolution 6900 Approval of the Century College Training Contract for the Police Department G. Resolution 6909 Amending the 2006 General, Tax Increment Financing District 1 Special Revenue, 2004 Street Improvement Debt Service, Water Enterprise, Street Improvement Capital Projects, the Levy Reduction Special Revenue, and the Vehicle and Equipment Special Revenue Fund budgets. H. Resolution 6910 Accepting a Donation from Bethlehem Baptist Church I. Resolution 6897 Approving SEH for Architectural Services for 2006 Building Upgrades for Wells and Treatment Plants J. Resolution 6915 Setting a Public Hearing Date for the County Road 10 Trailway Project -Segments 9 & 10 K. Resolution 6916 Adopting Attorney’s Recommendation in Regard to Taxability of Employee Severance Benefits L. Authorization to Hire Cable Assistants in the Cable Department. 1. Resolution 6913 Authorizing to Hire for a Part-Time Cable Assistant Vacancy in the Cable Department. 2. Resolution 6914 Authorizing to Hire Dave Olson as a Part-Time Cable Assistant in the Cable Department. MOTION/SECOND: MARTY/GUNN. To Approve the Consent Agenda as amended. Ayes – 5 Nays – 0 Motion carried. E. Resolution 6896 Approving a Contract Award for the Repair of Leaking Mounds View City Council August 14, 2006 Regular Meeting Page 28 Catch Basins Councilmember Flaherty asked Director Lee about catch basins throughout the City. Director Lee explained that soil is permeating into the catch basins and that the basins are nearing the ends of their lives. He stated that they are creating large sinkholes in the street when the soil infiltrates the catch basins. Councilmember Flaherty asked if the problem would be addressed with the street projects. Director Lee stated the issue would be addressed. Councilmember Flaherty asked if only one bid was received. Director Lee stated that the only bid was received and it will be much more expensive for City Staff to complete the project. MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 6896, Approving a Contract Award for the Repair of Leaking Catch Basins. Ayes – 5 Nays – 0 Motion carried. I. Resolution 6897 Approving SEH for Architectural Services for 2006 Building Upgrades for Wells and Treatment Plants Councilmember Flaherty asked if this is for services or for the replacement doors and windows. Director lee explained that it would be for their services, not for the new equipment. Director Lee stated that he wants SEH to look at what other options are available for the wells and that the issue is more complicated than simply replacing a door. Councilmember Flaherty asked about the costs. Director Lee replied that the entire project is estimated at $25,000, which is replacing doors, painting doors, replacing windows and ventilation in Well Two, as well as fixing the façade in Well Two. Director Lee pointed out that the proposal is an estimate but it will not exceed the amount and SEH will be paid on an hourly basis. MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt the Resolution 6897, Approving SEH for Architectural Services for 2006 Building Upgrades for Wells and Treatment Plants. Ayes – 5 Nays – 0 Motion carried. K. Resolution 6916 Adopting Attorney’s Recommendation in Regard to Taxability of Employee Severance Benefits This item was considered before item 7D. Mounds View City Council August 14, 2006 Regular Meeting Page 29 MOTION/SECOND: MARTY/GUNN. To waive the reading and adopt Resolution 6916, Adopting Attorney’s Recommendation in Regard to Taxability of Employee Severance Benefits as presented. Ayes – 5 Nays – 0 Motion carried. L. Authorization to Hire Cable Assistants in the Cable Department. 1. Resolution 6913 Authorizing to Hire for a Part-Time Cable Assistant Vacancy in the Cable Department. 2. Resolution 6914 Authorizing to Hire Dave Olson as a Part-Time Cable Assistant in the Cable Department. Councilmember Thomas asked what changes were made to the job description. Assistant to the City Administrator Crane stated that one-year experience was added to the requirements and stated she will provide the Council with a revised job description. Councilmember Thomas stated a resolution authorizing hire defeats the purpose of authorization to hire. Mayor Marty stated Mr. Olson should be started at Step Five of the salary range. Councilmember Flaherty mentioned that the salary step is a supervisory decision. Mayor Marty asked if the City needs two cable assistants. He stated Mr. Olson expressed concern that if the hire of another person will cut his hours. Assistant to the City Administrator Crane stated Mr. Olson can speak with the Communications Coordinator and an agreement can be made. City Administrator Ulrich stated there are senior and junior positions and it will help with flexibility and the ability to have more cable programming. He stated that the budget would support the hire. MOTION/SECOND: THOMAS/MARTY. To waive the reading and adopt Resolution 6913, Authorizing to Hire for a Part-Time Cable Assistant Vacancy in the Cable Department. Aye-5 Nay – 0 Motion carried. MOTION/SECOND: THOMAS/MARTY. To waive the reading and adopt Resolution 6914, Authorizing to Hire Dave Olson as a Part-Time Cable Assistant in the Cable Department. Mayor Marty asked if the Council could give the Communications Coordinator direction to start him at salary Step Five. City Administrator Ulrich indicated such direction would be inconsistent with the Resolution. Aye – 5 Nay – 0 Motion carried. Mounds View City Council August 14, 2006 Regular Meeting Page 30 9. JUST AND CORRECT CLAIMS MOTION/SECOND: THOMAS/FLAHERTY. To approve the Just and Correct Claims as Presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES The July 24, 2006 City Council Minutes will be presented at the next City Council Meeting, August 24, 2006. 11. REPORTS A. Reports of Mayor and Council Councilmember Gunn stated that the Festival in the Park is Sunday B. Reports of Staff Director Ericson updated the Council on Clear Channel and the lease agreement for a billboard and to ask for support for trees to be removed in MnDot’s right of way on Highway 10. He stated that Clear Channel is asking for the same letter for the new location as was prepared for the Program Avenue site. The Council agreed to provide Clear Channel with the letter. Finance Director Beer indicated that the water meter surcharge will expire in 2007 and can be deleted in 2008 and projections are that it would need a rate increase. C. Reports of City Attorney There was none. 12. Next Council Work Session: Tuesday, September 5, 2006, at 7 p.m. Next Council Meeting: Monday, August 28, 2006, at 7 p.m. Mounds View City Council August 14, 2006 Regular Meeting Page 31 13. ADJOURNMENT The meeting was adjourned at 11:27 p.m. Transcribed by: Lauren McKay TimeSaver Off Site Secretarial, Inc.