Loading...
HomeMy WebLinkAboutAgenda Packets - 2004/02/09 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, February 9, 2004 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Resolution 6188 of Appreciation for Police Sergeant Reed Krogh (Sommer) 7. JUST AND CORRECT CLAIMS 8. CONSENT AGENDA A. Resolution 6181 Authorizing Staff to Create and Distribute an RFP to Establish Wetland Boundaries in the Spring Creek Basin (Ericson) B. Resolution 6183 Authorizing the Advertisement for an Intern in the Community Development Department (Ericson) C. Resolution 6187 Re-appointing David Jahnke to the Airport Advisory Board (Crane) D. Licenses for Approval (Benesch) 9. COUNCIL BUSINESS A. Second Reading and Adoption of Ordinance 725, an Ordinance Amending the Zoning Code Establishing an Administrative Variance Approval Process (Prososki) (Roll Call Vote) B. City Charter Issue Regarding Police Civil Service Commission (Ulrich) C. 7:05 PM: Public Hearing, First Reading, and Introduction of Ordinance 729 Setting Sanitary Sewer Rates for Service in the Year 2004 (Hansen) D. Resolution 6186 Approval for the Purchase of a Digital Video Player for the Cable Department (Gammell) E. Resolution 6192 Approving a Soft Drink Supplier Agreement for the Bridges Golf Course (Burg) F. Resolution 6193 Approving a Step Increase for City Administrator Kurt Ulrich City Council Agenda February 9, 2004 Page 2 10. APPROVAL OF MINUTES A. January 26, 2004 City Council Minutes B. January 26, 2004 Executive Session C. February 2, 2004 Executive Session 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff- 1. Presentation of Long Range Capital Needs for the Fire Department – presented by Nyle Zikmund. 2. 2003 Street Improvement Project – Phase II. August 2004 or May 2005 start date? 3. City Council/Staff Retreat – March 2nd and 3rd C. Reports of City Attorney 12. Next Council Work Session: March 1, 2004 Next Council Meeting: February 23, 2004 RESOLUTION NO. 6188 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO SEARGEANT REED KROGH WHEREAS, Reed Krogh has served on the Mounds Police Department since 1977; and WHEREAS, Mr. Krogh has gained the respect and gratitude of those who have had the privilege of working with him on the Police Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View, on behalf of the residents of the City of Mounds View, expresses its appreciation to Sergeant Reed Krogh for his 27 years of dedicated and devoted service on the Mounds View Police Department. Adopted this 9th day of February, 2004. ATTEST: Mayor Jerry Linke Council member Quick Council member Stigney Council member Gunn Council member Marty City Administrator Ulrich Item No: 8A Meeting Date: Feb 2, 2004 Type of Business: Consent Administrator Review : _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Resolution 6181, Authorization to Prepare and Distribute a Request for Proposals (RFP) to Confirm Wetland Zoning District Boundaries in the Spring Creek Basin Introduction: Staff has long been aware of some discrepancies on the City’s adopted wetland zoning maps in that the actual wetland and corresponding buffer designations are inaccurate. The Spring Creek Basin is one such area that needs to be clarified. Discussion: Spring Creek flows from Woodcrest Park west under Silver Lake Road between Woodale and Woodcrest Drives, continuing west under Knollwood Drive. The lots fronting Woodale and Pleasant View Drives in this area are deep and the wetland and buffer extend all the way to the street in places. Many homes are included in the buffer, including front yards which drain to the street. The wetland designation (which is not a true delineation but an estimate based on elevations performed in the 1980s) has been challenged by some of the residents on this block and Rice Creek Watershed District inspectors agree that the designation may be excessive. The requirement to apply for a buffer permit can cause unnecessary delays for residents who wish to make improvements to their home or property. City Code: The City Code in Section 1010.06 identifies the process by which a Wetland Zoning District can be amended Subd. 2. Modification of District: A wetland zoning district may be modified or eliminated by four-fifths (4/5) affirmative vote of the Council after public hearing and notice as set forth in Title 1100 of this Code. Wetland zoning districts may not be eliminated unless it can be shown that the original designation is in error or that conditions have changed. When modifying or removing a wetland zoning district, the Council shall use the criteria and methods established in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January, 1989, as amended from time to time. Staff feels the City should re-evaluate the boundaries of the wetland and wetland buffer to ensure that the residents are not being unreasonably burdened by provisions of the wetland zoning ordinance (Chapter 1010.) Wetland Zoning District Report February 9 2004 Page 2 Recommendation: Staff recommends the Council authorize staff to prepare and distribute a Request for Proposals (RFP) to be sent to local consultant groups having an expertise in the area of engineering, wetlands, hydrology and stormwater management. Resolution 6181 is attached for action if the Council supports staff’s recommendation. If no action is taken on the recommendation or the Council denies Resolution 6181, there would be further delay in moving toward a just and accurate representation of the Spring Creek basin. Authorizing the preparation and distribution of the RFP does not bind the Council to taking action on the project upon receipt of all proposals. _____________________________________ James Ericson Community Development Director Attachments: 1. Resolution 6181 2. Wetland Zoning Map of Spring Creek Basin RESOLUTION NO. 6181 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DIRECTING STAFF TO PREPARE AND DISTRIBUTE A REQUEST FOR PROPOSALS (RFP) TO ESTABLISH AND CONFIRM WETLAND ZONING DISTRICT BOUNDARIES IN THE SPRING CREEK BASIN WHEREAS, the Mounds View City Council has adopted ordinances to protect and preserve development in and near wetlands; and, WHEREAS, such enforcement is based on set of maps adopted in the 1980s which attempt to identify wetlands and wetland buffers in the City; and, WHEREAS, these maps have not been updated or revised and in some cases no longer depict an accurate representation of the present-day hydrology; and, WHEREAS, the map identifying the Spring Creek Basin located south of Woodale Drive, east of Pleasant View Drive, north of County Road H and west of Silver Lake Road (as shown on Exhibit A) is one such area in need of reevaluation. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View authorizes staff to prepare and distribute a Request For Proposals (RFP) to experienced consultants to conduct a hydrology and wetland study of the Spring Creek Basin and to redraft the wetland zoning district boundaries accordingly. NOW, THEREFORE BE IT FURTHER RESOLVED, that the City Council directs staff to present the proposals to the Council for future consideration. NOW, THEREFORE BE IT FINALLY RESOLVED, that this approval in no way authorizes or approves any work to be conducted on the project except that work necessary for the consultant at their own expense to submit said RFP for the City’s consideration. Adopted this 9th day of February, 2004. _______________________________ Jerry Linke, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (SEAL) Exhibit A. SPRING CREEK BASIN Item No: 8B Meeting Date: Feb 2, 2004 Type of Business: Consent Administrator Review : _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Resolution 6183, Authorization to Advertise to Fill the Position of Temporary Part-time Intern in the Community Development Department Introduction: From time to time the Community Development Department utilizes the services of interns to assist with workload issues, special projects and inspections. The department benefited from an intern hired late in 2002 to assist with inspections who was later hired on full time in another City early in 2003. Discussion: The approved 2004 budget for Community Development includes an amount ($7,930) set aside for interns and other part time personnel throughout the year. At this point, there are enough projects pending to warrant posting the position now which would afford the City greater flexibility in finding a qualified individual through one of the local technical programs. The individual hired would work part time hours, not to exceed 20 hours in one week for a maximum employment span of 26 weeks. Staff would propose a maximum rate of pay set at $12.50 per hour (this was what was paid to the last qualified intern) however we would examine all options including non- paid internships. Staff would anticipate the intern to work no more than 500 hours altogether. Recommendation: Staff is requesting Council approve Resolution 6183 to authorize the advertisement for the position of Intern within the Community Development Department. Once a qualified candidate is selected, staff would seek authorization from the Council to hire the individual—no offer of employment would be made until such authorization is granted by the Council at a later date. Failure to act on this resolution could put the department into a position of falling behind on pending projects or paying out overtime dollars to existing full-time staff. _____________________________________ James Ericson Community Development Director Attachments: 1. Resolution 6183 RESOLUTION NO. 6183 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING STAFF TO ADVERTISE TO FILL AN INTERNSHIP POSITION WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, the City of Mounds View Community Development Department has an immediate need to fill an internship position; and, WHEREAS, the Internship position would primarily perform routine inspections and code enforcement support; and, WHEREAS, qualified individuals would have experience in municipal inspections and trained in the technical aspects of building codes; and, WHEREAS, the internship would last for no more than 26 weeks and would involve no more than 20 hours per week. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View authorizes staff to prepare and post an advertisement for the part-time temporary position of “INTERN” within the Community Development Department. Adopted this 9th day of February, 2004. _______________________________ Jerry Linke, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (SEAL) Item No: 08D Meeting Date: February 9, 2004 Type of Business: CA City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2004. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2003. Those companies renewing their license were licensed, at a minimum, in the year 2003. The type of license they are applying for follows the company name. Blacktop Driveway Co. – Asphalt – Renewal Fairmont Fire Systems, Inc. – Liquid Fire Suppression – New Metropolitan Center for Independent Living – Wheelchair Ramps – New PMR Mechanical, Inc. – HVAC – New Valley-Rich Co., Inc. – Sewer/Water – Renewal Staff Recommendation: Approve license applications as requested. Respectfully submitted, Barb Benesch, Administrative Assistant Item No: 9A Meeting Date: February 9, 2004 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kristin Prososki, Planning Associate Item Title/Subject: Second Reading and Consideration of Ordinance 725, an Ordinance Amending the Zoning Code Establishing an Administrative Variance Approval Process; Special Planning Case SP-120-03 Introduction: The introduction and first reading of Ordinance 725 occurred during a public hearing at the City Council meeting on January 26, 2004. During the public hearing, one citizen requested clarification about the administrative variance approval process. Staff has not received any other citizen comments regarding this proposed amendment. Discussion: The administrative variance approval process was discussed at the December 3 and 17, 2003 Planning Commission Meetings. On January 7, 2004, the Planning Commission adopted Resolution 748-04, a Resolution recommending approval of a City Code amendment regarding administrative variances. (Resolution is attached to Staff Report.) The amendment would allow the Community Development Director to approve a variance request for property zoned R-1 or R-2 if it is a setback request within 25% of code requirements. In addition, the approval cannot create a setback of less than five (5) feet and the request must meet the hardship criteria as stated in the Zoning Code in Section 1125.2, Subdivision 2. If all the conditions are not met, the applicant is not eligible to request an administrative variance and may apply for a formal variance with the Planning Commission. If the Community Development Director chooses to approve the request, the adjacent neighbors will be notified by mail and allowed ten (10) days to respond to the approval. The Planning Commission will be presented with a summary report of all administratively approved variance requests at their regular meeting. If at any point during the process, any of the three reviewing parties (the Community Development Director, the adjacent neighbors and the Planning Commission) disagrees with administrative approval, the request is denied and the applicant has the option of applying for a formal variance. The fee for an administrative variance will be set by the fee schedule. For 2004, the fee for an administrative variance is seventy-five dollars ($75) and an additional one hundred dollars ($100) if a formal variance becomes necessary. Based on comments from the January 26, 2004 City Council meeting, Staff added a stipulation to Ordinance 725 that the Planning Commission would not only be provided with a summary of all administratively approved variances, but each request would be reviewed at their regular meetings. Recommendation: There are three options for action associated with this item: Option 1. Approve the second reading and adoption of Ordinance 725. Adoption of the ordinance will help expedite minor variance requests, saving the City and applicants both time and money. In 2003, there were thirteen variance requests. Eight of the requests were for setbacks and four of the eight setback requests would have met the criteria for the administrative variance process. Option 2. Table action on the second reading and adoption of the ordinance if additional information is needed to render a decision as to the approval or denial of the amendment. Option 3. Deny the second reading and do not adopt the ordinance. Denial would serve to perpetuate the status quo. The Planning Commission and Staff recommend Council approve the second reading and adoption of Ordinance 725 because the administrative variance approval process would be beneficial to residents and Staff. Allowing Staff to approve certain variances would significantly shorten the period of time that a resident has to wait for approval and would decrease the amount of Staff time spent on the case. Respectfully submitted, Kristin Prososki Planning Associate Attachments: 1. Planning Commission Resolution 748-04 2. Ordinance 725 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 748-04 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CITY CODE AMENDMENT TO SECTION 1125.02 REGARDING ADMINISTRATIVE VARIANCES. WHEREAS, the City receives numerous setback variance requests; and, WHEREAS, the Planning Commission feels many of the setback variance requests received by the City could be reviewed and considered on an administrative basis, thereby saving applicants time and money and reducing the workload of staff; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Section 1125.02 of the City Code b. Proposed Ordinance c. Staff Report WHEREAS, the Mounds View Planning Commission finds that the proposed amendment satisfies the spirit and intent of the conditions outlined in Chapter 1125 of the Zoning Code; and, WHEREAS, the Mounds View Planning Commission finds that the proposed amendment is not in conflict with the Mounds View Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Section 1125.02 of the City Code as depicted in the attached proposed Ordinance. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 7th day of January, 2004. __________________________________________ Gary Stevenson, Chairperson ATTEST: __________________________________________ James Ericson, Community Development Director (SEAL) ORDINANCE NO. 725 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 1125.02 OF THE MOUNDS VIEW MUNICIPAL CODE PERTAINING TO ADMINISTRATIVE VARIANCES THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1125.02, Subdivision 2 of the Mounds View Zoning Code is hereby amended by inserting the following underlined text, to read as follows: 1125.02: VARIANCES AND APPEALS: Subd. 2. Criteria for Granting Variances: A variance to the provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals, or in the case of an administrative variance, by the Director of Community Development as explained in Section 1125.02, Subdivision 6, to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of property owner's land. No use variances may be issued. A variance may be granted only in the event that the following circumstances exist: a. Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. c. That the special conditions or circumstances do not result from the actions of the applicant. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The Board of Adjustment and Appeals may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. Ordinance 725 Page 2 SECTION 2: Section 1125.02 of the Mounds View Zoning Code is hereby amended by inserting the following underlined text, to read as follows: Subd. 6. Administrative Variance Process: a. Types: Residents seeking relief from the Zoning Code may request an administrative variance, provided that: (1) The property is zoned R-1 or R-2; and (2) The request concerns setbacks; and (3) The variance amount is within twenty-five (25) percent of code requirements; and (4) Approval of the variance does not result in a setback of less than five (5) feet b. Review Procedures: The Director of Community Development will review administrative variance requests. In order to be approved, the variance request must meet the hardship criteria as stated in Section 1125.2, Subdivision 2. If hardship is evident and approval is granted, the adjacent property owners must be notified by mail of the preliminary approval and allowed ten days to respond to the decision. Absent any opposition from adjacent property owners, the Planning Commission shall review the administrative variance request at the following regularly scheduled meeting. c. Denial and Appeals: If the Director chooses to deny a request, or if either the adjacent neighbors or the Planning Commission disagrees with administrative approval of a variance request, the request is denied administratively and the applicant may choose to request a formal variance from the Planning Commission. d. Fees: Administrative variances fees are set according to the fee schedule adopted by City Council resolution. SECTION 3. This Ordinance becomes effective thirty (30) days after its publication in the official City newspaper. First read by the City Council of the City of Mounds View on this 26th day of January, 2004. Read and passed by the City Council of the City of Mounds View this 9th day of February, 2004. Jerry Linke, Mayor ATTEST: _____________________________________ Kurt Ulrich, Clerk / Administrator (SEAL) APPROVED AS TO FORM: _________________________ City Attorney Item No: 9E Meeting Date: February 9,1004 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg, Manager Item Title/Subject: Resolution 6192 Approving a Soft Drink Supplier Agreement for the Bridges Golf Course Introduction: The five-year contract with Midwest Coca Cola Bottling Company for exclusive sale of products at all City of Mounds View locations is expired. The five-year contract included vending machines at the City Hall, Mounds View Community Center, Park Shelter Buildings, and all non-alcoholic beverages at The Bridges Golf Course. Staff contacted Midwest Coca-Cola Bottling Company and The Pepsi Bottling Group for proposals. Discussion: Midwest Coca-Cola Bottling Company and The Pepsi Bottling Group each submitted exceptionally competitive proposals to The City of Mounds View. Review of the proposals reveals the values are very similar. Each proposal offers new state of the art equipment, full service venders for the City Hall and Community Center, 35% and 25% commissions on full service venders. The product price equal and the annual increase of price are equal. The Midwest Coca-Cola Bottling Company is offering the City of Mounds View a total of $22,000 in cash, $400 in product, six umbrellas, and hosting a golf tournament at The Bridges Golf Course to partner in beverage sales. The Pepsi Bottling Group is offering $13,000 in cash, $10,050 in product, and 30 umbrellas, for partnership. The Midwest Coca-Cola Bottling Company proposal requires the City to install cages for all exterior vending machines. The cost per cage approximately $900, plus installation. A very important consideration is market share information. Coke enjoys the status of number one in market overall. Pepsi has the top flavors in every beverage choice with the exception of Diet Cola. Coke is number one in over all sales due to its fast food segment. Coke holds 25.4% of market over all in the 20 ounce market. The Pepsi Bottling Group holds 63.5% of the market for 20 ounce bottles. This is significant in that given choice; customers overwhelmingly choose the Pepsi products when sold side by side with Coke in venues such as convenience stores. The Pepsi Bottling Group has Mountain Dew Brand, which sells 25.3% of the total 20 ounce bottled soft drink market share. The Pepsi Bottling Group has seventy-two flavors. The brands include top selling Gatorade, Aquifina, SoBe, Lipton, Starbucks Frappuccino, Tropicana, and Dole. Staff believes, with the exception of diet cola, sales will increase by offering Pepsi products. Midwest Coca-Cola Bottling Company has the market share with Diet Coke. Other Coke products include Minute Maid, Powerade, Dasani, all of which have inferior sales. Coke has not entered the iced coffee market. Summary Proposed Services Proposal Coca-Cola Pepsi Five Year Contract   Free State of the Art Equipment   Supply all Visual Coolers   Full Service Option for Venders   Price per case, 20oz. soft drinks $16.75 $16.75 Product Percent of Market 20oz. 25.4% 63.5% Partnership 2004 $4,400 $5,000 Coke Partnership 2005-2008 ($4400 per year) $17,600 Pepsi Partnership 2005-2008 ($2000 per year) $8,000 Coke Annual Complimentary Cases 6-20oz. cases $400 The Pepsi Bottling Group Annual Complimentary Cases 150-20oz. cases $10,050 Annual Pricing 3% or less per year 3% or less per year Cages (3) for exterior venders 3@$900 (city expense) Not Required Commission on Full Service Sales 35% (20 oz) 35% (20 oz) Commission on Full Service Sales 25% (12 oz) 25% (12 oz) Will supply one golf tournament  Six New Shade Umbrella’s  (once) (annually) Cash Value (not Including umbrellas or golf tournament) $22,400 $22,450 Less Cages -$2,700 Total $19,700 $22,450 Requirements: • The City of Mound View would agree to sell exclusively the product from vender selected during the term of the agreement. • The City of Mounds View will follow the terms of the contract for any future soft drinks. • Midwest Coca-Cola Bottling Company requires vending equipment at The Bridges Golf Course to be secured by cages. The recommended cages are approximately $900 plus installation. This would be at the City’s expense. Recommendation: It is recommended that the Mayor and City Council authorize that the City of Mounds View enter into a five-year contract with The Pepsi Cola Bottling Group for the exclusive sale of Pepsi Cola Brand products at all City Owned Facilities; including City Hall, Mounds View Community Center, The Bridges Golf Course, and the City parks under the terms and conditions as outlined above. ________________________________ Mary Burg Golf Course Manager RESOLUTION NO. 6192 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving a Soft Drink Supplier Agreement for the Bridges Golf Course WHEREAS, There is a Financial Benefit to renew a Beverage Contract; and, WHEREAS, The Pepsi Bottling Group will partner with the City of Mounds View for a the five-year contract; and, NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize the partnership with The Pepsi Bottling Group, NOW, THEREFORE, BE IT FINALLY RESOLVED that Mayor and City Council authorizes the City of Mounds View and The Pepsi Bottling Group to enter into a Partnership Agreement for a term of Five Years as specified in the contract. Adopted this 9th day of February, 2004. Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No. 09D Meeting Date Februaiy 9, 2004 Type of Business: CA VM Work Session; PH: Public Nearing; CA. ConsentAgends; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kenneth Gammell, Cable Coordinator Item Title/Subject: Resolution 6186, Approving the Purchase of a Digital Video Player for Cable Department Date of Report: February 5, 2004 This report provides details for the proposed purchase of a video deck for the Cable department_ The Cable budget Capital Equipment Fund (210 — 4350 — 7030) for 2004 is $8000. This fund is used to purchase replacement equipment for the Cable Department. History The Cable department has a total of ten video players to replay meetings and other programming. Five are digital video decks, and five are S -VHS decks_ Last year, hvo old S -VHS decks were replaced with one digital and one consumer S -VHS deck. Recently another S -VHS deck has broken down. The unit is a Panasonic AG -7510, and is at least 12 years old. Digital Video versus S -VHS Video The video format of the deck that needs replacement is S -VHS. S -VHS is older analog technology and now is considered outdated for professional applications_ Digital video has vast improved quality and performance that is now considered the standard for community access television_ In the past 5 years, Mounds View has been continually updating it's equipment to digital, including digital cameras for meetings, a digital camcorder for production, and the purchase of 6 digital video decks_ Cable Budget The Cable budget is funded through cable franchise fees, and does not use any money from the City's general fund. For the 2004 Cable Budget, the Capital Equipment fund is $8000. This fund is intended to purchase new and replacement equipment for the Cable Department. Item 09E City Council Meeting Page 2 Quotes Last year, a Sony DSR -11 digital video deck was purchased, and is operating normally. A comparable model, the JVC BR-DV3000U, has recently gone down in price_ This deck is currently in use at CTV for their editing suites, and has been working well for them. The JVC BR-DV3000U is a combination Mini -DV and DVCAM player. It is the cheapest professional model available. Here are some quotes for the JVC BR-DV300OU (all quotes do not include tax): Alpha $12587.00 EPA $1,522.00 Markertek $1,500.00 Plus shipping) B&H $1,499.95 Plus Shipping) The cheapest quote is from B&H, and is a reputable dealer. Summary The City's Cable budget has allocated $8000 intended for the purchase of replacement equipment. The replacement cost of one of the S -VHS playback decks that have broken down is low enough to invest in the digital video format. The replacement is needed to be able to properly schedule meeting replays and other programming cable channel 15. Recommendation: Staff recommends the purchase of one JVC BR-DV3000U Digital Video Deck from B&H for $1,499.95. The funds used will come from the Capital Equipment fund (210 — 4350 — 7030)_ Respectfully Submitted, Kenneth Gammell RESOLUTION 6756 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving the Purchase of a Digital Video Player for the Cable Department WHEREAS, the Citys current cable playback system has a nonfunctioning video deck; WHEREAS, staff recommends that a video deck be purchased due to the need of keeping the cable playback system up to standards. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby approve the amount of $1,700 for the purchase of the video deck. Adopted this g'h day of February 2004. Jerry Linke, Mayor ATTEST. Kurt Ulrich, City Administrator (seal) Item No. 09F Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Administrative Assistant/Acting Human Recourses Representative Item Title/Subject: Resolution No. 6193 Resolution Approving a Step Increase for Kurt Ulrich, City Administrator Meeting Date: February 9, 2004 Kurt Ulrich started employment with the City on July 21, 2003. According to Mr. Ulrich’s letter of hire dated June 14, 2003, and Resolution 6062, City Council authorized a starting salary under Step 2 ($77,013.49) with an increase to Step 3 ($81,543.70) after six months of employment pending a satisfactory performance and City Council authorization. On February 2, 2004, an Executive Session was scheduled to discuss Mr. Ulrich’s job performance. It was the consensus of City Council that his performance satisfies the requirements of the position. Recommendation: To approve Kurt Ulrich’s step increase from STEP TWO ($77,013.49) to STEP THREE ($81,543.70), effective January 21, 2004. RESOLUTION NO. 6193 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A STEP ADJUSTMENT FOR KURT ULRICH, CITY ADMINISTRATOR WHEREAS, Kurt Ulrich is a regular full-time employee who began working for the City of Mounds View on July 21, 2003; and WHEREAS, City Council has reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, City Council has determined that Mr. Ulrich has satisfactorily performed in the capacity of City Administrator which is documented in his performance review at the Executive Session dated February 2, 2004; and WHEREAS, City Council recommends the approval of a wage adjustment, from STEP TWO to STEP THREE, consistent with employee’s letter of hire dated June 14, 2003 and Resolution 6062. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment for Kurt Ulrich, as City Administrator, from STEP TWO ($77,013.49) to STEP THREE ($81,543.70), effective January 21, 2004. Presented this 9th day of February, 2004. ____________________________________ Jerry Linke, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator (seal) PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 January 26, 2004 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:09 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Linke, Quick (not present), Marty, Stigney, and Gunn 16 17 4. APPROVAL OF AGENDA 18 19 A. Monday, January 26, 2004 City Council Agenda. 20 21 MOTION/SECOND: Marty/Stigney. To Approve the Monday, January 26, 2004 Agenda as 22 Presented. 23 24 Ayes – 4 Nays – 0 Motion carried. 25 26 5. PUBLIC INPUT 27 28 David Jahnke of 8428 Eastwood Road indicated he attended the Airports Commission meeting 29 and found out that they will only finishing up and not making many improvements due to budget 30 issues. He then indicated that the first 9 holes would be open by mid-July or earlier, if possible. 31 32 Mr. Jahnke asked whether Council Members read the article in the St. Paul Pioneer Press from a 33 week ago Sunday on golf courses. He then said it was very interesting and would be in the best 34 interest of all to read it. 35 36 Council Member Gunn asked if the stadium proposal was discussed and whether the airport 37 would be expanded if the stadium is approved. 38 39 Mr. Jahnke indicated it was briefly mentioned but they said it would not be discussed at this 40 time. He then said they are willing to cooperate to get the stadium. 41 42 Mounds View City Council January 26, 2004 Regular Meeting Page 2 6. SPECIAL ORDER OF BUSINESS 1 2 A. Annual Storm Water Permit Review – Present and discuss the City’s Storm 3 Water Pollution Prevention Program (SWPPP). 4 5 Public Works Director Lee indicated that all urbanized cities were required to develop an 6 SWPPP and that was done as part of the municipal separate storm sewer permit done in 2003. 7 He then said that the report that was included in the packets is available at City Hall for review. 8 9 Public Works Director Lee indicated that the report consists of a summary update of best 10 management practices and the City has a list of 46 items that must be monitored and reported on. 11 12 Public Works Director Lee indicated that in 2003 the City cleaned and inspected nearly 30% of 13 the sanitary sewer and nearly 80% of the surface water structures as well as100% of oil and 14 grease separators. 15 16 Public Works Director Lee indicated that the City has identified 18 problems within the system 17 and they will be included in a rehabilitation program for 2004. 18 19 Public Works Director Lee introduced Marla Mennypenny and informed the Council that she is 20 in charge of the storm water system and she put together the report. 21 22 7. JUST AND CORRECT CLAIMS 23 24 A. Just and Correct Claims 25 26 MOTION/SECOND: Gunn/Stigney. To Approve Just and Correct Claims as Presented. 27 28 Ayes – 4 Nays – 0 Motion carried. 29 30 8. CONSENT AGENDA 31 32 A. Resolution 6165 Approving the 2004 Seasonal Public Works Positions 33 B. Resolution 6166 Approving the Preliminary Feasibility Report for the 2003 34 Street Improvement Project – Phase I 35 C. Resolution 6174 Approving Appointments to the Police Civil Service 36 Commission 37 D. Resolution 6170 Approving the 2003 L.E.L.S. Local 232 Labor Agreement 38 E. Resolution 6180 Employee Contribution From Sick Leave for Health Facility 39 Membership 40 F. Resolution 6177 Approving a Permit Application for Merrick, Inc., a 41 Charitable Organization to Conduct Charitable Gambling at Robert’s Sports 42 Bar and Entertainment Located in the City of Mounds View 43 Mounds View City Council January 26, 2004 Regular Meeting Page 3 G. Resolution 6173 Authorizing the Replacement of the Police Departments 1 Automatic External Defibrillators Utilizing Grant Funds, Grant Matching 2 Funds and Forfeiture Funds 3 H. Resolution 6176 Authorizing the Purchase of Two Replacement Squad Cars 4 I. Resolution 6168 Approving an Area Identification Sign for Scotland Green 5 Apartments 6 J. Resolution 6178 Authorizing the Submittal of a Request for Proposal For 7 Work Associated with the Implementation of the County Road 10 8 Redevelopment and Revitalization Plan 9 K. Licenses for Approval 10 L. Resolution 6182 Approving 2004 Golf Course Seasonal Positions 11 12 Council Member Stigney requested that Items C and J be removed for discussion. 13 14 City Administrator Ulrich requested that Item D be removed for discussion. 15 16 Council Member Marty asked that Items F, G, and I be removed for discussion. 17 18 MOTION/SECOND: Marty/Gunn. To Approve Consent Agenda Items A, B, E, H, K, and L as 19 Presented. 20 21 Ayes – 4 Nays – 0 Motion carried. 22 23 C. Resolution 6174, Approving Appointments to the Police Civil Service 24 Commission 25 26 Council Member Stigney indicated that Council passed a motion to postpone approval of this 27 Resolution until Council Members received all the applications for these positions and he does 28 not see them in the packet. 29 30 Mayor Linke indicated that his cover letter stated that all applications were provided that were 31 less than 12 months old. He then said that two additional applications were received on Friday 32 and those were put in Council Members’ boxes. 33 34 Council Member Stigney indicated he picked up the packet Thursday and checked his box this 35 morning and there was nothing new. 36 37 Mayor Linke indicated that Council has all of the ones that were there for him to review when the 38 packets went out. 39 40 Council Member Stigney indicated that the information was not provided as requested and he 41 would like to continue the postponement of this item until that is done. 42 43 Mayor Linke commented that the names that are there Council had at the last meeting. 44 45 Mounds View City Council January 26, 2004 Regular Meeting Page 4 Council Member Stigney commented that there is some ambiguity here and he would like to see 1 an entire list of all the applicants for the positions. He then said that he is uncomfortable with 2 how this has come forward. 3 4 Mayor Linke indicated that Council has copies of all applications that he had up to Thursday and 5 he received an additional two on Friday. He then said that the Resolution before Council is the 6 list of names he is recommending for approval. 7 8 MOTION/SECOND: Stigney. To Postpone Until The Requested Information is Received. 9 10 The Motion failed for lack of a second. 11 12 Council Member Gunn indicated that these are the names that were available when packets went 13 out. 14 15 Council Member Stigney said he knows there are two other individuals that he does not see and 16 the applications were in since the time of the vacancies. He then said that he wanted a complete 17 list of those that applied since the last opening. He further commented that there are people that 18 applied since the positions were open and the Mayor took no action on them and he would like to 19 know where they are. 20 21 Mayor Linke read from a memo from Desaree Crane indicating that applications stay in the file 22 for 12 months and then are destroyed. 23 24 Council Member Stigney commented that the direction of this Council was to provide all of the 25 applications for this position and they are not here. 26 27 MOTION/SECOND: Linke/Marty. To Waive the Reading and Approve Resolution 6174, a 28 Resolution Approving Appointments to the Police Civil Service Commission. 29 30 Council Member Marty asked for verification about the application process. 31 32 Desaree Crane indicated that the applications provided are the only applications on file. She then 33 said that there were three on file and two more came in on Friday. 34 35 Council Member Stigney asked whether Bill Werner’s application was in the file. 36 37 Ms. Crane indicated that he may have applied prior to her taking over this responsibility but she 38 has never seen his application. 39 40 Council Member Stigney indicated that he thinks there were two applications that Council did 41 not see and he feels that the Mayor has dragged his feet on the appointments until this time to 42 eliminate some people from consideration. 43 44 Ayes – 3 Nays – 1(Stigney) Motion carried. 45 Mounds View City Council January 26, 2004 Regular Meeting Page 5 1 D. Resolution 6170, a Resolution Approving the 2003 L.E.L.S. Local 232 Labor 2 Agreement 3 4 City Administrator Ulrich indicated that the Resolution should be amended to reflect the change 5 discussed in the executive session to state that those hired after February 1, 2004 assuming the 6 rank of sergeant. 7 8 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6170, a 9 Resolution Approving the 2003 L.E.L.S. Local 232 Labor Agreement. 10 11 Council Member Stigney asked if the language covers a new hire or a promotion. 12 13 City Administrator Ulrich indicated it would apply to either a new hire or a promotion. 14 15 Ayes – 4 Nays – 0 Motion carried. 16 17 F. Resolution 6177, a Resolution Approving a Permit Application for Merrick, 18 Inc., a Charitable Organization to Conduct Charitable Gambling at Robert’s 19 Sports Bar and Entertainment Located in the City of Mounds View. 20 21 Council Member Marty asked whether a condition of approval is that most of the funds would be 22 spent in Mounds View. 23 24 Desaree Crane indicated that she would receive tax documents as well as a list of where the 25 money is spent. 26 27 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6177, a 28 Resolution Approving a Permit Application for Merrick, Inc., a Charitable Organization to 29 Conduct Charitable Gambling at Robert’s Sports Bar and Entertainment Located in the City of 30 Mounds View. 31 32 Ayes – 4 Nays – 0 Motion carried. 33 34 G. Resolution 6173, a Resolution Authorizing the Replacement of the Police 35 Department’s Automatic External Defibrillators Utilizing Grant Funds, 36 Grant Matching Funds and Forfeiture Funds. 37 38 Council Member Marty asked whether the one needing work would be repaired. 39 40 Chief Sommer indicated that it is usually cost prohibitive. 41 42 Chief Sommer explained that the grant from the American Heart Association allows the City to 43 purchase $10,700 worth of defibrillators for expending $2,000. 44 45 Mounds View City Council January 26, 2004 Regular Meeting Page 6 Mayor Li nke suggested moving one of the older ones out to the golf course. 1 2 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6173, a 3 Resolution Authorizing the Replacement of the Police Department’s Automatic External 4 Defibrillators Utilizing Grant Funds, Grant Matching Funds and Forfeiture Funds. 5 6 Ayes – 4 Nays – 0 Motion carried. 7 8 I. Resolution 6168, a Resolution Approving an Area Identification Sign for 9 Scotland Green Apartments. 10 11 Council Member Marty commented that Scotland Green has been paying taxes at the 12 condominium rate and not the rate of an apartment. 13 14 Planner Prososki indicated she has not spoken with other Staff but she spoke to Ramsey County 15 and was told that they are paying the same amount regardless of the designation because the 16 difference comes into play with homestead or non-homestead. She then agreed to look into it 17 further. 18 19 Council Member Marty commented that signage is over City requirements. 20 21 MOTION/SECOND: Marty. To Postpone. 22 23 The Motion failed for lack of a second. 24 25 Mayor Linke agreed that something needs to be done but he does not feel it is right to hold this 26 up. 27 28 Council Member Marty commented that the sign could not be installed until the ground thaws. 29 30 Council Member Gunn indicated the Resolution does not state which type of sign. 31 32 Planner Prososki indicated that the applicant said that the sign could be determined by Council 33 but they prefer Option B, the four-sided sign. 34 35 MOTION/SECOND: Gunn/Marty. To Waive the Reading and Approve Resolution 6168, a 36 Resolution Approving an Area Identification Sign for Scotland Green Apartments. 37 38 Council Member Marty indicated he had no issue with the sign but he would like to have the 39 condominium and apartment tax rate straightened out. 40 41 Ayes – 4 Nays – 0 Motion carried. 42 43 Mounds View City Council January 26, 2004 Regular Meeting Page 7 J. Resolution 6178, a Resolution Authorizing the Submittal of a Request for 1 Proposal for Work Associated with the Implementation of the County Road 2 10 Redevelopment and Revitalization Plan. 3 4 Council Member Stigney indicated that he has issues with this plan and he would like to discuss 5 it at a work session before going forward. 6 7 MOTION/SECOND: Stigney/Linke. To Postpone to the Next Work Session. 8 9 Ayes – 4 Nays – 0 Motion carried. 10 11 9. COUNCIL BUSINESS 12 13 A. Public Hearing, First Reading and Introduction of Ordinance 725 Amending 14 the Zoning Code Establishing an Administrative Variance Approval Process. 15 16 Mayor Linke opened the public hearing at 7:40 p.m. 17 18 Planner Prososki explained that this amendment would allow for an administrative variance 19 process. She then explained what the process would be. 20 21 Council Member Marty requested that the Planning Commission briefly review each case so that 22 they are aware. 23 24 David Jahnke of 8428 Eastwood Road expressed concern that this would be an ordinance to go 25 around or bypass the Planning Commission. 26 27 Mayor Linke indicated that it would allow the process to go more quickly on very minor variance 28 requests. 29 30 Mr. Jahnke expressed concern that something minor may turn into something major and then 31 asked what the guidelines were and where the information could be found. 32 33 Mayor Linke indicated that the request must be within 25% of a required setback and explained 34 that the information was in the public book. 35 36 Community Development Director Ericson explained that this was published in the newspaper 37 10 days in advance of this meeting and the information is available on the Internet. 38 39 Mayor Linke closed the public hearing at 7:45 p.m. 40 41 MOTION/SECOND: Marty/Stigney. To Waive the Reading, Introduce the First Reading and 42 Approve Ordinance 725, an Ordinance Amending the Zoning Code Establishing an 43 Administrative Variance Approval Process. 44 45 Mounds View City Council January 26, 2004 Regular Meeting Page 8 Ayes – 4 Nays – 0 Motion carried. 1 2 Council Member Gunn indicated that this amendment has the blessing of the Planning 3 Commission. 4 5 B. Resolution 6167 Approving the Contract Award for the County Road H 6 Sidewalk Project. 7 8 Public Works Director Lee indicated that bids were received on January 8, 2004. He then 9 indicated there was an issue with the low bidder as some of the required information was missing 10 but, his information was opened and he retrieved the other information prior to any other bids 11 being opened. 12 13 Mayor Linke confirmed that there was no concern over any gain obtained by the delay. 14 15 City Attorney Riggs explained there would need to be some materially significant issue such as a 16 benefit gained. He also indicated the numbers matched on the overall bid so there is no issue. 17 18 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6167, a 19 Resolution Approving the Contract Award for the County Road H Sidewalk Project With Option 20 Two From Silver Lake Road to the Western City Limits in the Amount of $321,911.17 to 21 O’Malley Construction. 22 23 Angela Olson of 5046 Longview Drive indicated she does not think the sidewalk is worth the 24 cost but, if it is going forward she thinks it is silly to just go to Silver Lake Road because it 25 requires the kids to cross Silver Lake Road twice. She then said that she does not want her 26 shrubs to go but, if they have to go she wants it to be for a sidewalk that makes sense. She 27 further commented that doing the sidewalk like this creates more of a hazard than already exists. 28 29 Mayor Linke indicated that this option is the only option before Council due to previous Council 30 action. 31 32 Ayes – 4 Nays – 0 Motion carried. 33 34 Mayor Linke indicated he voted for this because a little sidewalk is better than none. 35 36 Council Member Marty asked whether the traffic counts would be great enough on Silver Lake 37 Road to get a light on H and Silver Lake Road. 38 39 Public Works Director Lee indicated he would look into it with Dan Solar from the County. He 40 then explained they are working with the School District and the District is sending out surveys 41 to walkers north of H to see how they get to school. 42 43 Mounds View City Council January 26, 2004 Regular Meeting Page 9 C. Second Reading and Adoption of Ordinance 724, An Ordinance Setting 1 Water Rates and Surcharges for Service in 2004. 2 3 MOTION/SECOND: Marty/Gunn. To Waive the Reading, Approve the Second Reading, and 4 Adopt Ordinance 724, an Ordinance Setting Water Rates and Surcharges for Service in 2004. 5 6 ROLL CALL: Linke, Marty, Stigney, Gunn. 7 8 Ayes – 4 Nays – 0 Motion carried. 9 10 D. Second Reading and Adoption of Ordinance 728, An Ordinance Setting 11 Storm Water Management Fees for Service in 2004. 12 13 MOTION/SECOND: Marty/Gunn. To Waive the Reading, Approve the Second Reading, and 14 Adopt Ordinance 728, an Ordinance Setting Storm Water Management Fees for Service in 2004. 15 16 Council Member Stigney asked if any progress has been made on providing a variable rate on the 17 sewer. 18 19 Finance Director Hansen indicated that would be scheduled for first reading and public hearing 20 on February 9, 2004. 21 22 ROLL CALL: Linke, Marty, Stigney, Gunn. 23 24 Ayes – 4 Nays – 0 Motion carried. 25 26 E. Second Reading and Adoption of Ordinance 727, An Ordinance Amending 27 Section 1006.07 Regarding Enforcement of Development Conditions. 28 29 MOTION/SECOND: Stigney/Gunn. To Waive the Reading, Approve the Second Reading, and 30 Adopt Ordinance 727, an Ordinance Amending Section 1006.07 Regarding Enforcement of 31 Development Conditions. 32 33 ROLL CALL: Linke, Marty, Stigney, Gunn. 34 35 Ayes – 4 Nays – 0 Motion carried. 36 37 F. Public Works and Parks Foreman Position Reclassifications 38 39 City Administrator Ulrich indicated that this was not an action item but noted that Staff is 40 reviewing the positions and will provide a recommendation for consideration at the February 9, 41 2004. 42 43 Mounds View City Council January 26, 2004 Regular Meeting Page 10 Council Member Marty commented that this was brought up to the Council several years ago and 1 he thinks it has been overlooked and it is time to assess the positions and pay accordingly as he 2 feels the City has good individuals in the positions. 3 4 G. Resolution 6172 Approving the Appointment of Michael Kampa to Police 5 Sergeant 6 7 Chief Sommer explained that Sergeant Crow would be retiring on January 31, 2004 after serving 8 for 27 years. He then said that he met with the Police Civil Service Commission on filling the 9 position and the procedure was an oral interview, promotability index, and review of resume and 10 letter of interest. The procedure was followed and the top three candidates presented to the 11 Commission and the Commission recommended that Michael Kampa, with the highest score, be 12 promoted to Sergeant. 13 14 City Administrator Ulrich indicated the Resolution should specifically have the language that this 15 does not take effect until February 2, 2004. 16 17 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6172, a 18 Resolution Approving the Appointment of Michael Kampa to Police Sergeant. 19 20 Council Member Marty indicated he wanted to verify things himself and had talked to the Chief 21 earlier to review the pointing of years and qualifications. He then said that he knows the 22 Commission looked at it but being an elected official he felt that he would like to review it as 23 well and he did not have time to review the material. 24 25 Ayes – 3 Nays – 1(Marty) Motion carried. 26 27 H. Resolution 6175 Approving a Contract with POP Telecom for Local 28 Telephone Service 29 30 Finance Director Hansen indicated that at the time the agenda was prepared it appeared that US 31 Link would be the lowest cost proposal but Telecom came in lower. He then explained that the 32 first quote was for fewer lines than the City needs and that has been corrected on the amended 33 information supplied and the City should save $700.00 per month. 34 35 Council Member Stigney indicated he would like the contract length and dollar amounts reflected 36 in the Resolution. 37 38 Council thanked Staff for its efforts on this matter. 39 40 MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6175, a 41 Resolution Approving a Contract with POP Telecom for Local Telephone Service as Amended. 42 43 Ayes – 4 Nays – 0 Motion carried. 44 45 Mounds View City Council January 26, 2004 Regular Meeting Page 11 I. Adoption of Interim Ordinance 730, An Ordinance Establishing a 1 Moratorium on the Siting, Location and Operation of New Adult Use 2 Businesses. 3 4 Community Development Director Ericson indicated this Ordinance would establish a 5 moratorium on the siting, location and operation of new adult use businesses within the City to 6 allow Staff time to research how the elimination of the PF zoning district and the 500-foot 7 protective buffer will affect the location of these types of business. 8 9 Council Member Marty asked whether six months would be better than three. 10 11 Director Ericson indicated that six months is possible but in speaking with the City Attorney it 12 was felt that three months would be adequate. 13 14 City Attorney Riggs recommended using three months and doing an extension if necessary 15 because the Courts look more favorably on that and there have been some challenges of interim 16 ordinances. 17 18 Mayor Li nke asked Staff to carefully review where the 500 feet begins and further define that. 19 20 MOTION/SECOND: Marty/Stigney. To Waive the Reading, Approve the Reading and Adopt 21 Interim Ordinance 730, an Emergency Interim Ordinance Establishing a Moratorium on the 22 Siting, Location, and Operation of New Adult Use Businesses. 23 24 City Attorney Riggs indicated that this is an emergency ordinance and should be handled with a 25 roll call vote. 26 27 ROLL CALL: Linke, Marty, Stigney, Gunn. 28 29 Ayes – 4 Nays – 0 Motion carried. 30 31 J. Set Date(s) for City Council Retreat. 32 33 City Administrator Ulrich indicated that March 2 and 3, 2004 would be the preferred dates. 34 35 Mayor Linke suggested it may not be necessary to have pizza. 36 37 Council Member Marty indicated he would need to check his schedule. 38 39 Consent to set March 2 and 3, 2004 as the tentative date for the City Council retreat from 5:00 40 p.m. to 10:00 p.m. at the Community Center. 41 42 Mounds View City Council January 26, 2004 Regular Meeting Page 12 10. APPROVAL OF MINUTES 1 2 A. City Council Minutes January 12, 2004 3 4 Council Member Marty requested the following changes: On Page 1, Line 37 change Hammond 5 to Heilman and on Line 2 and Line 7 on the following page. On Line 27 it should read “35 6 Southbound because of potential issue because vehicles have already hit the soundwall.” On 7 Page 7, Line 1 last word is missing a “w”. On Page 16, Line 37 he indicated that Council 8 Member Quick could attend Ramsey County meetings. 9 10 Council Member Gunn requested the following change: On Page 5, Line 21, and 25 correct the 11 spelling of Shay. 12 13 MOTION/SECOND: Marty/Gunn. To Approve the City Council Minutes for January 12, 2004 14 as Amended. 15 16 Ayes – 4 Nays – 0 Motion carried. 17 18 11. REPORTS 19 20 A. Reports of Mayor and Council. 21 22 (1) Resolution 6184 Directing Staff to Prepare an Ordinance to Revise Title 23 400 of the City Code. 24 25 Council Member Stigney read Resolution 6184. He then explained that it would take the mayor 26 out of the appointing and make it by the Council and set the procedure by which they would be 27 appointed. He further commented that there have been a lot of issues with this and he thinks it is 28 time to look at it. 29 30 MOTION/SECOND: Stigney/Gunn. To Approve Resolution 6184, a Resolution Directing Staff 31 to Prepare an Ordinance to Revise Title 400 of the City Code. 32 33 Council Member Marty indicated he has not had enough time to adequately review the 34 information. 35 36 Council Member Stigney clarified that this is a Resolution to direct the Clerk Administrator to 37 review and prepare an Ordinance for Council consideration. 38 39 Mayor Linke indicated he would support the preparation of the Ordinance but reserves the right 40 to oppose the Ordinance after reviewing the information if he does not agree with it. 41 42 Ayes – 4 Nays – 0 Motion carried. 43 44 Mounds View City Council January 26, 2004 Regular Meeting Page 13 Mayor Linke reported that he had the pleasure of going to the music of the night at Irondale and 1 caught some of the danceline competition. 2 3 B. Staff 4 5 (1) Police Department 6 7 Chief Sommer provided an overview of his report from September through December 2003. 8 There were 358 cases assigned to the investigators. He then outlined the type of cases. 9 10 Mayor Linke noted that administrative offenses are up this year and he is happy to see that 11 because that is money that comes to the City. 12 13 Council Member Marty indicated he would like to look at it more than looking at money coming 14 into the offers but as giving officers more leeway in writing tickets. It is also a benefit to the 15 residents because administrative offenses do not go against their driver’s license. 16 17 Mayor Linke commented that the last quarter of 2003 had over one third of the fraud and theft 18 reports. 19 20 Chief Sommer summarized the year-end statistics for Council. He then indicated that the school 21 resource officer at the Middle School has informed him that the remodeling of the building has 22 enhanced security throughout the building. 23 24 Chief Sommer indicated that the dare officer conducted compliance checks within the City for 25 alcohol and tobacco license holders. Two out of the eight alcohol failed and only one tobacco 26 license holder failed. Those businesses were fined. 27 28 Chief Sommer indicated the City was awarded a grant through safe and sober to pay officers 29 overtime to work extra shifts for additional traffic enforcement. That detail has paid out $2,612 30 in overtime and 102 vehicles were stopped. 31 32 Chief Sommer indicated the search for records management is complete and it appears that the 33 City will go with the St. Paul police system along with the other Ramsey County suburban police 34 forces. 35 36 Chief Sommer indicated that the 800 MGHz system is scheduled to be in place by Summer of 37 2005. 38 39 Mayor Linke asked what the cost would be. 40 41 Chief Sommer indicated the hope is that there will be minimal cost to the City because there is 42 supposed to be grant funding to cover the costs of the equipment required. 43 44 Mounds View City Council January 26, 2004 Regular Meeting Page 14 Chief Sommer indicated that in 2003 a total of 95.64% of the budget has been expended so the 1 police department has stayed within the budget. 2 3 Council Member Marty asked how many noise control tickets have been given out for loud 4 mufflers or vehicle noise. 5 6 Chief Sommer indicated he does not have that breakdown with him but could look into it. 7 8 (2) Finance Department 9 10 Finance Director Hansen reviewed the preliminary December 31, 2003 financial report and 11 cautioned that the final results would be slightly different. The general fund revenues are just 12 under $4,000,000 and Staff expects the general fund to end the year with a surplus. 13 14 Finance Director Hansen indicated the City ended the year 2002 with a surplus of $1,000,000 15 kept in the general fund as a hedge against the loss of state aid and the City did lose $300,000. 16 He then said that Staff would like to cancel transfers to the general fund to lower the surplus 17 down to within 50% of next year’s budget and that is the minimum Staff feels comfortable with 18 and the maximum the state auditor feels comfortable with. 19 20 Finance Director Hansen reported that the Community Center fund shows a $184,000 deficit and 21 that number was driven up by a combination of the lightening strike and changes to the catering 22 contract. A claim for damages has been submitted to insurance but not yet paid. 23 24 Finance Director Hansen indicated the TIF funds had a good year in 2003 and District One 25 should be able to pay back more than half of the internal loan outstanding and the water fund 26 refinanced its bonds to help the water fund. 27 28 Finance Director Hansen indicated the golf course fund had a year that was a slight improvement 29 over 2002 but still a difficult year and that will continue until get something goes through with 30 the proposal for billboards out there to generate additional revenue. 31 32 Finance Director Hansen indicated that Staff is working on Gatsby 34 reporting system for 2003, 33 the variable sewer rates, long-range financial plans and the bond sale for the street project. He 34 then said that Staff will be recommending that the City levy the special assessments and sell the 35 bonds at the beginning of the project and that is driven by the fact that the City could not finance 36 the project internally. He further commented that levying the special assessments does not mean 37 that they have to be paid before the project. The City can set a payment date that allows the 38 project to be completed before requiring payment. 39 40 Council Member Marty asked where the City stands on the COPS grant for getting federal funds 41 for the two new officers. 42 43 Mounds View City Council January 26, 2004 Regular Meeting Page 15 Chief Sommer indicated there were an overwhelming number of applications for that grant so the 1 City did not receive any funds this time but is still in the running if more funding becomes 2 available in the future. 3 4 City Administrator Ulrich indicated he has been with the City for six months and he is due for a 5 six-month review. He then said he would like to schedule his review for February 2, 2004 in an 6 executive session at the work session. 7 8 Director Ericson announced that the home and garden show would be held on March 6, 2004 9 from 9:00 a.m. to 6:00 p.m. and this year the City has the added benefit of obtaining billboard 10 advertising for the event courtesy of Clear Channel Communications. 11 12 Director Ericson reported that the Twin Cities North Chamber of Commerce’s Annual Gala is 13 February 24, 2004 and all Council Members are invited. He then handed out invitations to 14 Council. 15 16 Mayor Linke recessed the Council Meeting to executive session to discuss union negotiations at 17 8:53 p.m. 18 19 C. City Attorney 20 21 No report. 22 23 12. Next Council Work Session: Monday, February 2, 2004 24 Next Council Meeting: Monday, February 9, 2004 25 26 13. ADJOURNMENT 27 28 Mayor Linke adjourned the meeting at ____ p.m. 29 30 Transcribed and recorded by: 31 32 33 Joan Lenzmeier 34 Timesaver Off Site Secretarial, Inc. 35