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HomeMy WebLinkAbout03-27-2000PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 27, 2000 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:04 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Quick and Stigney. NOT PRESENT: Thomason. 3. APPROVAL OF AGENDA A. Monday, March 28, 2000 City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. Mayor Coughlin stated that based upon a letter he received from the Chamber of Commerce regarding the Economic Development Commission, he would request the Addition of Item K, to be followed by the Closed Session, Item L. MOTION/SECOND: Quick/Marty. To Accept the March 28, 2000 City Council Agenda as Amended. Ayes – 4 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, March 13, 2000 City Council Minutes Council Member Stigney requested a correction to Page 4, fourth paragraph to indicate “Acting Mayor Stigney indicated that this is a democracy, and because this is a posted public meeting, it should be broadcast on Cable television.” Council Member Stigney requested a correction to Page 3, first paragraph, fifth line to indicate the correct spelling of the word “many.” Council Member Marty requested a correction to Page 8, fourth paragraph, to indicate the name “Dawn Iverson.” Council Member Marty requested a correction to Page 9, fifth paragraph, third line to indicate “…the amount of funding.” Mounds View City Council March 27, 2000 Regular Meeting Page 2 Council Member Marty requested a correction to Page 11, last line, to omit the second word “to” to indicate “…a quarter mile out of their way to reach their destination.” MOTION/SECOND: Stigney/Marty. To accept the March 13, 2000 City Council minutes as corrected. Ayes – 4 Nays – 0 Motion carried. 5. SPECIAL ORDER OF BUSINESS None. 6. REPORTS Council Member Marty reported the Cable Committee met, however, as they did not have a quorum, this was not an official meeting. He indicated there was discussion pertaining to how some of the issues of the neighboring cities might possibly affect Mounds View, and Jerry Scally suggested they research airing some of the other City Council meetings. He explained that New Brighton is considering the reconstruction of Silver Lake Road from Highway 694 to the Mounds View border, and this could affect the City in terms of how it changes its portion of the road. He noted there might also be mutual concerns with regard to the development of the armory in Arden Hills. He indicated the Council Members are unable to attend other City Council meetings, as they are held on the same day, therefore, the Cable Committee plans to contact some of the neighboring cities and attempt to broadcast these meetings on Sundays, on one of the local television stations. Mayor Coughlin extended his personal thanks to Council Member Stigney for filling in for him at the previous Council Meeting, while he was on vacation. Mayor Coughlin reported that the previous Tuesday, Speaker of the House Steve Sviggum invited him to meet with him that evening, regarding the ongoing airport discussion, and to attempt to find an amicable arrangement for all parties to finally resolve the issues. He stated this meeting was fruitful, and he would hope that an agreement could be reached by the next meeting. He noted he would like very much not to have to go continue to go to the Capitol week after week. He advised that the matter was moving along, and they were making progress. Mayor Coughlin stated he received a telephone call from the grandmother of the young boy who was killed on Highway 10, and had the opportunity to speak with her at some length. He indicated she requested he convey to Council Member Stigney that she thought the statement made by a resident at the previous Council Meeting, attempting to place some or all responsibility for this boy’s death on him, was “out-of-bounds, unfair, and inappropriate,” and she felt badly he had to sit through this. Mayor Coughlin extended his congratulations to Planning Commissioner, Brian Kaden, whom the Governor has recently appointed to the Environmental Quality Board, where he will be serving with State Level Commissioners such as Elwyn Tinklenberg, Ted Mondale, and others. Mounds View City Council March 27, 2000 Regular Meeting Page 3 He stated it was nice when people from the community become involved at this level of government, and it is also a great honor to have somehow captured the attention of the Governor so sufficiently as to be appointed to such a board. Mayor Coughlin reported at the Staff/Council Retreat the previous week, there was a fair amount of good discussion, and an update of their current state of affairs. He indicated that some of the discussion was a debriefing of the high drama and stress that has occurred during the past month or so in the Council Chambers, as this was the first opportunity to share from the heart in this regard. He noted that out of this meeting, there came a theme that the Council should spend some time communicating with Department Heads and staff, to determine the critical needs of each department. He indicated the Council might wish to provide staff direction to begin working on the year 2001 budget, in order that they have a budget that better reflects the desires of the community and the Council. He suggested the Council set a Special Work Session on April 17 to commence those discussions, and to deal specifically with the departmental issues at that time. MOTION/SECOND: Coughlin/Quick. To Set a Special Work Session on April 17, 2000, at 6:00 p.m. to Commence Discussion Pertaining to Budget Year 2001 and Departmental Issues. Council Member Marty stated there were a number of issues facing the City, and a number of projects due to commence, therefore, he concurred with this motion. Ayes – 4 Nays – 0 Motion carried. Mayor Coughlin advised that the Council set the month of March as a deadline for Tax Increment Finance policy review and a final addendum to the 1997 policy, if so desired. He explained that due to the departure of the Economic Development Coordinator, and absences on the Economic Development Commission, the review process has been delayed. He noted the joint meeting of the Council and the Economic Development Commission did take place, and some of the information was still there. He indicated he had spoken with the Economic Development Coordinator that date, and he advised that a three month extension of the deadline would allow the Economic Development Commission sufficient time to develop Policy review, and provide the Council time to discuss it as well. MOTION/SECOND: Coughlin/Marty To Extend the Tax Increment Financing Policy Review Deadline for Three Months, to Provide Time for the Economic Development Commission to Prepare a Policy Review for Presentation to the Council. Ayes – 4 Nays – 0 Motion carried. City Administrator Whiting reported he, Mayor Coughlin, Community Development Director Jopke, and Director of Public Works Ulrich met with Bob Thistle and Dave Wintergren of Sprinsted & Associates regarding their proposal to the City Council. He explained that this proposal, which was approved by the Council at the previous meeting, is to begin a community discussion pertaining to Highway 10, in attempts to determine some common ground for the community to proceed on in that regard. He indicated Mr. Thistle and Mr. Wintergren would present their proposal to the Council and set a timetable at the April 3 Work Session. He added Mounds View City Council March 27, 2000 Regular Meeting Page 4 that the agreement calls for two public meetings and the details of this would be resolved at the next City Council meeting. City Administrator Whiting stated he also was contacted by a family member of the young man who was killed on Highway 10, and one of the concerns has been that some statements are being made prematurely. He indicated the State Patrol is still in the process of compiling their report, which will be the official word on the accident. City Administrator Whiting thanked the Council for the get together that was held on his behalf the previous Friday evening. He stated he enjoyed this event, and felt that the highlight was the plaque presented to him in commemoration of the “Rob Marty Wrenchgate” caper of last April. He stated as this would be his last meeting and last day with the City, he would like to take the opportunity to thank the Council and the community once again, and wished them all the best. He indicated he would particularly like to thank the staff, who he has been fortunate enough to work with, adding that they are a very good group, and he could feel good about leaving the City in very capable hands. Mayor Coughlin stated it has been a distinct and sincere honor to work with City Administrator Whiting, and he wished him all the best. Director of Public Works Ulrich reported that the City is suffering a rash of vandalism, which involves graffiti on some of the public and private buildings throughout the community. He advised that the City is spending thousands of dollars to clean up the graffiti, which is not only in Mounds View, but also in the surrounding communities. He explained that in the last two to three weeks there has been an extensive amount of this vandalism, with graffiti on bell houses, sound barriers, utility boxes, and even a billboard. He requested that anyone who witnesses any suspicious activity in the parks or elsewhere contact the Police dispatch, so that they can send someone out to the scene. He pointed out that they just missed the person who vandalized Oakwood Park, as the paint was still wet when the Police arrived at the scene. He advised that any assistance the public could offer in finding the individuals responsible, and putting a stop to this vandalism, would be very much appreciated. City Attorney Long reported that they are very close to reaching an agreement regarding the Airport discussion at the State Capitol. He indicated their goal is to wrap up the legislative battles of the past couple of years, and at the same time, come to a settlement on the litigation, attempting to tie these both together. He stated they are currently discussing a Bill that would be agreeable to all parities, with a new updated stipulation that would take them into the next 10 to 20 years. City Attorney Long stated he would miss City Administrator Whiting. He advised that the City has had a great City Administrator, and he and City Administrator Whiting have become friends over the years. He commented that he would find his work with the City somewhat more challenging without City Administrator Whiting, who is a very capable Administrator. He advised that this is his perspective, as an attorney who has been with other cities, where often is the case that the administrators do not know. He pointed out that City Administrator Whiting maintained a good balance, in terms of not over-involving them, yet knowing the appropriate Mounds View City Council March 27, 2000 Regular Meeting Page 5 Thymes to seek their counsel. He stated he wished City Administrator Whiting well in his new endeavors across the river. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Licenses for Approval. C. Approval of Catering Contract. D. Approval of the 11th Rider of the St. Paul Water Agreement. Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. Council Member Stigney stated he had inquired that date regarding items listed in Item A, Just and Correct Claims, however, he had not yet received the responses. He indicated he did not object to approving this item, with acknowledgement that he does not have the answers at this time, and assuming the answers are satisfactory. Council Member Marty requested Item C be removed from the Consent Agenda for further discussion. MOTION/SECOND: Marty/Stigney. To Approve the Consent Agenda for Items A, B, and D as presented. Ayes – 4 Nays – 0 Motion carried. Council Member Marty stated Item C is the City’s agreement with Elegant Thymes Catering. He indicated Article 2, which states “Termination may be made by either party without penalty or cause” does not specify a time frame, however, Article 5 refers to a 30-day time period, and prior to this, there is reference to a 180-day time period. He inquired if 30 days would be sufficient time to obtain a new vendor, if the catering company were to terminate their contract. City Attorney Long stated Finance Director Kessel has been involved in the substantive negotiations of the terms of this agreement, however, he believed the practical effect of this agreement is that in order to terminate, the caterer must provide 180 days notice before the end of the initial term. He stated Article 2 pertains to termination without penalty or cause, and Article 5 sets forth a two step process, which requires the City give a 30-day written notice of a failure to meet conditions, and provides a 30-day time period in which to rectify this. He explained that this actually translates into a 60-day time period, which could be extended if desired. He pointed out that the last paragraph of Article 2 indicates that Elegant Thymes Catering may also terminate the agreement by providing 60 days notice, therefore, the minimal amount of time the City would have would be the 60 day notice period in those clauses, which would typically be acceptable. He pointed out that they would not wish to lengthen the time period too extensively, as this might result in being locked in to a problematic situation. Mounds View City Council March 27, 2000 Regular Meeting Page 6 Mayor Coughlin clarified that the first item, which indicates 180 days, provides that either party could terminate after 6 months. He explained that Article 2 is case specific, in that if the catering company fails to meet the terms of the agreement, the City’s course of action would be to give written notice, after which they would have a 30-day period in which to attempt to rectify the situation. Council Member Marty stated he was concerned that the catering company might decide to terminate their contract at a time when there are a number of bookings scheduled. City Attorney Long explained this would begin as a three year agreement with Elegant Thymes Catering, unless either party were to give 180 day notice to terminate the contract for any reason. He stated Article 2 specifies that if there is a failure to meet the terms of the contract, they would either have to provide the City 30 days notice, or the City would have to provide them with 30 days, which represents a 60-day time period. He indicated the last paragraph in Article 5 states Elegant Thymes Catering may terminate for any reason by providing 60 days written notice, however, they would waive any extra rights or compensation for the 60-day period immediately prior to that. He pointed out that this provides substantial incentive for them not to do this. MOTION/SECOND: Marty/Quick. To Approve the Consent Agenda for Item C. Ayes – 4 Nays – 0 Motion carried. 8. UNFINISHED BUSINESS Mayor Coughlin stated ongoing Highway 10 issues continue to be discussed. He indicated that concerned individuals may attend or view the broadcast of the April 3 City Council Work Session, at which time, there would be further discussion and directives provided in this regard. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR David Jahnke, 8428 Eastwood Road extended his congratulations to City Administrator Whiting. He indicated that although they did not always agree, City Administrator Whiting was always a professional in his handling of the issues. He stated he wished him the best. Catherine Smith, 2142 Bell Lane indicated she was organizing a benefit for the family of Brandon, which would be held on Sunday, April 9, from 1:00 to 6:00 p.m., at the Mounds View Community Center. She extended her appreciation to City Administrator Whiting for his assistance in this regard. Ms. Smith stated she had spoken with Mayor Coughlin on Monday, February 28, and inquired if anyone from the City or the Council had called and spoken to Brandon’s family, and he had indicated that the City would send them a letter. She stated they have not received a letter from Mayor Coughlin, or from anyone in the City, and she believed that this should have been done. Mayor Coughlin indicated he sent a condolence card, and placed a telephone call the day of the wake, however, the family was apparently attending the funeral at that time. Mounds View City Council March 27, 2000 Regular Meeting Page 7 Ms. Smith asked what had become of the memorials that were placed on the corner of Edgewood Drive and County Road 10. She indicated the flowers and crosses have all been removed, and she did not feel this was appropriate. City Administrator Whiting advised that no one from the City had removed those memorial items. Ms. Smith stated it was previously indicated that the speed of the driver was 38 miles per hour, and this was not correct. She explained that the State Patrol has not yet completed their investigation, and the speed of the driver has not been determined. She stated the Monday following the accident, someone had indicated the drug and alcohol tests were negative, and this was also incorrect. She stated the alcohol test has come back, however, the drug test has not, and she was not aware where this information had come from. Mayor Coughlin stated all official requests for information with regard to the accident are being handled by the State Patrol, and until they have completed their investigation, that information has not been made public. He indicated that Ms. Smith could contact the State Patrol regarding a time line for completion of the report, and they would probably take her name. He advised that they would be responsible for the dissemination of that information. There were no further requests or comments from the floor. 10. COUNCIL BUSINESS A. Public Hearing for the Second Reading and Adoption of Ordinance 655, an Ordinance Rezoning Bridges Golf Course Parcels from CRP and I-1 to PF. Mayor Coughlin opened the Public Hearing at 7:39 p.m. Planning Associate Ericson stated Ordinance 655 is an ordinance rezoning the golf course from designations of Industrial and Conservancy, Recreation and Preservation, to a more appropriate Public Facilities District, which is a zoning district the City uses for all of its parks, and in which golf courses are permitted. He advised that in no other zoning district in the City are golf courses a permitted use. He stated staff discovered this by chance, when reviewing the application for the interim use permit for billboards at the golf course, and there was some thought that the rezoning of the golf course had taken place a number of years ago, however, this was not the case. Planning Associate Ericson stated in light of this, staff has drafted Ordinance 655, which effectuates this change in zoning to the golf course. He indicated this item was reviewed by the City Council, which held first reading at their March 14 meeting, and this item is the second reading and public hearing of the ordinance. Planning Associate Ericson stated this is a fairly straightforward rezoning. He explained that there are a number of parcels involved, and those parcels are identified in the ordinance by their existing zoning designation. He stated all of the parcels associated with the Bridges Golf Course would be rezoned to the Public Facilities zoning designation. Mounds View City Council March 27, 2000 Regular Meeting Page 8 There was no public input. Mayor Coughlin closed the Public Hearing at 7:40 p.m. . MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve the Second Reading and Adoption of Ordinance 655, an Ordinance Rezoning Bridges Golf Course Parcels from CRP and I-1 to PF. ROLL CALL: Quick, Stigney, Marty, Coughlin Ayes – 4 Nays – 0 Motion carried. B. Public Hearing for the Second Reading and Adoption of Ordinance 657, an Ordinance Amending Title 1100 by Adding a New Chapter 1126 pertaining to Interim Uses. Mayor Coughlin opened the Public Hearing at 7:41 p.m. Community Development Director Jopke stated this item is the second reading of Ordinance 657, which adds a new Chapter to the City’s ordinances to allow and set up the authority for the City to grant interim use permits, pursuant to the authority granted to cities by State Statutes. Community Development Director Jopke indicated first reading of this ordinance was given on February 28, and it is before the Council at this time for second reading and approval. He advised that the language has been changed slightly since first reading, to clarify the requirements that the Council would grant interim use permits by ordinance, and could, by either ordinance or permit, attach conditions to that approval. Community Development Director Jopke stated staff recommends the Council conduct the public hearing, and adopt Ordinance 657. David Jahnke, 8428 Eastwood Road stated this was to help the golf course pay for the “bail out,” which in his understanding, is an amount of $200,000 that was going to be borrowed. Mayor Coughlin indicated that if the agreement pertaining to this project were to fall through, for example, if Eller Media is unable to obtain the State permits, the City would again be facing debt at the golf course. He explained that if this were to occur, the City would have to step in, and ensure that the bonds are paid. Mr. Jahnke stated he desired to make the point that the golf course financial situation is not good, in that it is making money, however, due to the set up of the original financing, it has become overextended. He stated that this would assist with that situation, and hopefully, up to a particular year. He added that in his understanding, if this proposal proceeds as planned, the financial situation at the golf course could be resolved in approximately 15 years, and the City would not need to put any more money toward it. Mounds View City Council March 27, 2000 Regular Meeting Page 9 There was no further public input. Mayor Coughlin closed the Public Hearing at 7:44 p.m. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve the Second Reading and Adoption of Ordinance 657, an Ordinance Amending Title 1100 by Adding a New Chapter 1126 Pertaining to Interim Uses. ROLL CALL: Stigney, Marty, Quick, Coughlin Ayes – 4 Nays – 0 Motion carried. C. Public Hearing for the Second Reading and Adoption of Ordinance 656, an Ordinance Amending Section 1008.08 of the Municipal Code Pertaining to Billboards. Mayor Coughlin opened the Public Hearing at 7:45 p.m. Community Development Director Jopke stated Ordinance 656 is an ordinance which makes technical housekeeping type amendments to the procedures for granting permits for billboards. He explained that the original discussion was to allow billboards by conditional use permit, however, it was determined that the City desired to put time limits on these types of approvals, and in order to accomplish this, it must be done by interim use permit, rather than conditional use permit. Community Development Director Jopke advised that Ordinance 656 makes clarifications to the City ordinances to indicate that an interim use permit must be obtained. He indicated the procedures for granting an interim use permit would be the same as those utilized for granting a conditional use permit, and indicates that the billboard approvals will expire on July 1, 2015. He explained that this date has been extended from the original January 1, 2015 date, to allow this use for a full 15 years. Community Development Director Jopke stated staff recommends the Council conduct the public hearing and adopt Ordinance 656. There was no public input. Mayor Coughlin closed the Public Hearing at 7:47 p.m. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve the Second Reading and Adoption of Ordinance 656, an Ordinance Amending Section 1008.08 of the Mounds View Municipal Code Pertaining to Billboards. Council Member Stigney stated with regard to Mr. Jahnke’s comment, it was his understanding that the $200,000 loan to the golf course was just one loan, and another was scheduled for two years in the future. He stated he did not believe either of these loans, or the billboards alone, would pay off all of the bonding on the golf course, but would only assist in that effort. Mounds View City Council March 27, 2000 Regular Meeting Page 10 Council Member Marty advised that the golf course would probably require a loan, however, if the billboards proceed as planned, it might not only be unnecessary for the City to loan the golf course the pre-approved amount, but also to not make any more fund transfers or loans at all. Mayor Coughlin stated this discussion could probably be answered with Item 10D, pertaining to the lease agreement with Eller Media, as some of the dollar amounts would come forward during that discussion. He stated no actions have been taken with regard to any loans for the golf course, in lieu of the billboard discussions. City Administrator Whiting stated the cash flow projections over the life of the bonds, which are set to expire in 2015, indicate that there would be two years during that time where the cash flow at the golf course would not be sufficient to pay off that year’s bond payment. He stated there has been discussion of two loans from other City funds, to be paid back with full interest so as not to affect any General Fund position the City encounters. He stated the first one of these loans was to occur at some point this year, and the second, in 2004. He stated pursuant to the discussion, given the life of the bonds, and given that they would expire at some point, those loans would be paid back in full to the City funds in due course, as a normal component of the golf course operation. He pointed out that if an extension was required a year or two beyond the term of the bonds, that would be relatively easy to do. City Administrator Whiting stated the billboard agreement will likely make both of those loans immaterial, in that the cash flow should improve significantly. He explained there should come a point in time when not only would the bonds be paid off in full, but the operations at the golf course would also continue to be profitable. He advised that at that time, the revenues from the billboards would create other questions for the City, in terms of what to do with the additional funds. He stated he was not certain when this would occur, however, Finance Director Kessel could report back to the Council in this regard at the next Work Session. Council Member Stigney clarified that this proposal would be utilized in lieu of paying off the loans, however, the billboards themselves would not pay off the bonds, but rather, would position the golf course to pay off the bonds. Mayor Coughlin stated in his understanding, the outstanding bonds on the golf course total approximately 3.1 million dollars, and the billboards represent and amount in excess of 5 million dollars over the course of the next 15 years. He indicated this would more than adequately pay for any bonds and any interest, after which, the question would be in terms of what to do with the overage. Golf Course Superintendent John Hammerschmidt explained that the bonds, over the term of 15 years, would almost exactly equal the payments, which would be 4.5 million, with interest, however, this does not take into account the possibility that with profit sharing, they could come above that. He explained that the 4.5 million is a guaranteed amount, and the golf course is guaranteed to pay off their bonds with the money they will receive from the billboards. Council Member Quick advised that the Council should be aware of the fact that there are some problems at the golf course as a result of the original construction, which must be rectified. He Mounds View City Council March 27, 2000 Regular Meeting Page 11 pointed out that one of the problems with the finances stems from the fact that the City spent a significant amount of money on unsuccessful litigation which made the financial situation more acute, and this is another reason they have had to resort to this measure. Superintendent Hammerschmidt stated this was correct. He indicated the golf course would not accumulate any cash reserves as a result of the billboards. Council Member Quick explained that if the golf course is to be a good operating business, they should invest the money and keep it viable, so that they can maintain optimum usage, and keep the cash flow going, so that everything dovetails together. He added that they should also consider other means of improving the cash flow. He advised that the billboards are not a fix-all, but rather, one step in the process. Council Member Stigney indicated that two or three weeks ago, the Golf Course Committee was to meet and be broadcast, and this discussion might shed some light on these issues. He stated there were many questions in the community pertaining to how this revenue would be utilized and other related issues. He inquired when this meeting would take place. Mayor Coughlin stated he thought this meeting would be held some time during the month of April. He indicated at the previous meeting, there were only two members present, therefore, there was no point in broadcasting the meeting at that time. Superintendent Hammerschmidt explained that they were considering setting the meeting date 30 days from the date of this item’s publication, which would be the following Thursday, and 30 days before Eller Media could go before the State to request the permits. He indicated it would be approximately 65 days before they learn the results of the request for the State permits, and they should not get too far ahead of themselves, in terms of allocating the monies at this point, however, they should plan for worst case contingencies. He stated this was discussed this at the previous Work Session, and would be discussed further in the very immediate future. Mayor Coughlin requested Superintendent Hammerschmidt coordinate the meeting schedule, and have it listed on the scrolling items of the cable broadcast, for community information. ROLL CALL: Marty, Quick, Stigney, Coughlin Ayes – 4 Nays - 0 Motion carried. D. 1. Consideration of Resolution 5419, a Resolution Approving an Interim Use Permit for Six Billboards at the Bridges Golf Course. Planning Associate Ericson stated Resolution 5419 is a resolution approving an interim use permit for six billboards at the Bridges Golf Course. He indicated the resolution approves the billboards in the locations specified in the Eller Media proposal. Planning Associate Ericson provided the Council with a revised copy of the resolution, which included minor changes as discussed at the previous meeting. He explained that a stipulation has been added which indicates that there is an attachment to the resolution that depicts the design of Mounds View City Council March 27, 2000 Regular Meeting Page 12 the billboards as they are being approved. He stated a clause has also been added which specifies that the permit would not be approved until 30 days after the publication of Ordinances 655, 656, and 657, and the earliest the publication would occur was the following Thursday. He explained that with these exceptions, this resolution was the same as that reviewed at the previous Council Meeting. Planning Associate Ericson indicated the Planning Commission and staff recommend approval of Resolution 5419, as presented. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 5419, a Resolution Approving an Interim Use Permit for Six Billboards at the Bridges Golf Course. Council Member Marty requested clarification regarding the changes to the resolution. Planning Associate Ericson advised that Item 5 has been added to stipulate that the applicant shall be responsible for obtaining any and all other necessary governmental permits and/or approvals, although it is not expected that other permits or approvals would be required. He stated the third stipulation pertains to the installation of the billboards within 100 feet of a wetland, in which case, the applicant would be required to obtain a Wetland Buffer Permit from the City. Planning Associate Ericson stated the last stipulation addresses any items not otherwise addressed in the balance of the resolution. He advised that there is a clause which indicates that the interim use permit would expire on July 1, 2015, or in the case of abandonment for a period greater than six months, or upon lapse of the lease agreement between the City and Eller Media, whichever occurs first. He explained that this was not stated in the initial resolution, and although these issues are addressed in the lease agreement, staff felt it would be prudent to include them in the revised resolution as well. Council Member Stigney inquired if the removal of billboards was addressed in the lease agreement or the resolution. City Attorney Long indicated this was specified in the lease agreement. Ayes – 4 Nays – 0 Motion carried. 2. Consideration of Lease Agreement with Eller Media Company. City Attorney Long stated this item is the lease agreement with Eller Media, as reviewed by the Council at the previous Work Session. He indicated there is a blank space in the first paragraph of Page 1 of the agreement. He explained that staff is awaiting the results of a survey that will provide the proper square footage of the area and the description of the lease premises which will be inserted in this blank space, prior to execution of the document. He stated the requested action is that the Council move to authorize the Mayor and the City Administrator to execute this agreement. City Attorney Long advised that paragraph 6a of Page 2 is an important and positive change, due to the negotiation skills of the City’s Golf Course Superintendent, Finance Director, and its Mounds View City Council March 27, 2000 Regular Meeting Page 13 attorneys. He stated the language of this paragraph is basically the same, however, the dollar amount has increased by $5,000 per sign, and adds $30,000 per year for the City. He explained that the previous lease agreement indicated $36,000 per year, per billboard site, for a total of $216,000 per year, and it is now at $41,000 per year, per billboard site, for a total of $246,000. He pointed out that this represents a $450,000 gain to the City, over 15 years. He indicated that Eller Media’s original proposal included some discussion that they would provide advertising services to the City, however, after considering this, staff felt it would be cleaner from a procedural standpoint, to take this in the form of a cash payment. City Attorney Long stated paragraph 6c indicates that Eller Media will pay the City an additional $50,000 up front, within one week of the date the permits are obtained, and that is in lieu of the advertising services they offered. He stated the second sentence indicates there would be escalating payments in the amount of $12,000 per year for the first five years, $14,000 per year for the next five years, and $16,000 per year for the last five years. He advised that those amounts would not be subject to the CPI indexing of the actual rental payments, therefore, the total rental compensation has been increased to $710,000. He noted the original proposal stated the marketable value of the advertising services Eller Media had offered was approximately $540,000, therefore, the City was coming out ahead with these cash payments, and not having to take this in the form of advertising. City Attorney Long stated paragraph 8 specifies the amount the lessee will pay to reimburse the City for its costs including legal fees, landscape and architect fees, and other costs incurred with this project. He stated there is a blank space in this paragraph, and staff was attempting to compile the final bills, after which the total would be inserted, and Eller Media would pay that amount prior to execution of the document. He advised that this amount would be paid first, followed by the $50,000 payment one week later when the permits are obtained, and the first rental payment dates will commence on July 1, 2000. Superintendent Hammerschmidt pointed out that the July 1 date may be pushed back a bit, in light of the timing of this matter. City Attorney Long stated this was correct. He indicated the lease agreement is essentially as it was originally presented, with the changes the Council suggested at the Work Session incorporated therein. He advised that if the Council is comfortable with this, they could move to authorize the Mayor and the Interim Administrator to execute the document, once the final information is inserted into the blank spaces of the document. Council Member Stigney stated at the previous Work Session he had brought forward a question pertaining to a changeable or movable type of billboard face, however, this did not appear to be addressed in the lease agreement. Superintendent Hammerschmidt indicated this has been addressed in Item 3 of the document. City Attorney Long advised that the last sentence of the third paragraph, which contains the language “tri-vision signs or other multi-faced signs…” was an attempt to address the concerns Council Member Stigney had brought forward. Council Member Stigney inquired if electronic type billboards would be permitted. Mounds View City Council March 27, 2000 Regular Meeting Page 14 Superintendent Hammerschmidt indicated this was addressed in terms of allowing this to the extent that the State would, and the State does not allow electronic billboards to exist. City Attorney Long stated this language was contained in the permit. Council Member Stigney inquired if the State’s position in this regard was subject to change, and if so, would these types of billboards automatically be allowed. City Attorney Long indicated an additional clause could be added to insure greater security, although he believed they had left this out because it was somewhat redundant. Planning Associate Ericson advised that the City’s Sign Code addresses this matter, in that it provides that any type of electronic sign adjacent to a freeway is disallowed. Council Member Stigney indicated that Eller Media should be responsible for the removal of the billboards, at their expense, after the term has expired. Council Member Marty stated there is language in Item 9, which indicates “Lessee shall bear all the costs and expenses of modifications to or repair or removal of the billboards.” City Attorney Long pointed out that this clause is in contemplation of anything that might come forward at the end of the lease period or during the term of the lease, such as State legislation requiring the removal of the billboards, and this would be the responsibility of Eller Media. MOTION/SECOND: Marty/Quick. To Authorize the Mayor and the Acting City Administrator to Execute the Lease Agreement, Following the Insertion of Information into the Blank Spaces Contained in the First and Eight Paragraphs of the Document. Ayes – 4 Nays – 0 Motion carried. E. Public Hearing and Consideration of Resolution 5417, a Resolution Concerning an Interim Use Permit Allowing Two Billboards on SYSCO Property. Mayor Coughlin opened the Public Hearing at 8:14 p.m. Planning Associate Ericson stated DeLite Outdoor Sign Company representing Sysco Minnesota is requesting an interim use permit to install two billboards on their property at 2400 County Road J. He stated the Planning Commission reviewed this request at a couple of their meetings, and forwarded to the City Council a resolution recommending approval of the interim use permit. He stated the Planning Commission gave significant thought to this request, as it did with the City’s request, and had some concerns with regard to the design of the proposed billboards. He indicated the Commission recommended that the design of the billboards be revised to be more consistent with, and aesthetically complimentary to those billboards proposed and approved for the golf course. Planning Associate Ericson stated as was the case with the previous interim use permit, the Planning Commission examined the siting requirements in terms of spacing, maximum sign area, Mounds View City Council March 27, 2000 Regular Meeting Page 15 orientation of sign faces, maximum sign height, obstruction, and all requirements which are specified in Ordinance 644. He advised that those requirements are met, with the exception of the minimum spacing requirement, which requires that there be a 1,000-foot spacing between any two billboards. He explained that this requirement is not met in that there is a billboard on the City’s golf course property, which would be closer than 1,000 feet, at a distance of approximately 550 feet. He indicated the Planning Commission recommended approval of the interim use permit subject to the approval of a variance to allow for a reduced spacing of the billboards. He advised that the applicant has made application for a variance, and it is scheduled to come before the Planning Commission for discussion on April 5, and action on April 19. Planning Associate Ericson provided the Council with a recently revised copy of Resolution 5417. He indicated one of the revisions is contained in the third stipulation of Page 2, which indicates “The design of the proposed billboards shall include the same decorative design appearance as the billboards approved for the Bridges Golf Course, in a form similar to that attached as Exhibit B.” He explained there are two attachments to the resolution; Exhibit A, which indicates the locations of the signs, and Exhibit B, which is a mock up of Eller Media’s proposal for the golf course, which has been approved by the City, with a blank sign face. He stated this depiction was not to scale, however, it was representative of what the City has approved, and what the City Council would be requesting from DeLite Sign Company. Planning Associate Ericson provided the Council with DeLite Sign Company’s response to the Planning Commission’s request, which is the monopole design with a brick wrap. He indicated there was some discrepancy between what the City is requesting, and what DeLite Sign Company is proposing, and this should be resolved prior to action on this matter. Planning Associate Ericson pointed out that perhaps action on this item should be tabled until the applicant has obtained the variance as required, and City Attorney Long may wish to address this point. Planning Associate Ericson stated, as with Resolution 5419, there is a clause that stipulates that this interim use permit would become effective upon the effective date of Ordinances 655, 656 and 657. He advised that the last clause of the resolution indicates “The interim use permit would expire on July 1, 2015, or at such time that the lease expires or the billboards become abandoned or remain unused for a period of more than six months, whichever occurs first.” Planning Associate Ericson stated that subject to the City Attorney’s opinion, and if there is agreement with regard to Stipulation 3 pertaining to the appearance of the billboards, it is recommended that this resolution be approved. He reiterated that if the City Attorney feels it would be the appropriate action, the item could be tabled, in light of the fact that the variance has not been obtained at this time. City Attorney Long stated he has spoken with Peter Coyle, an attorney for DeLite Sign Company, and all parties are attempting to work cooperatively in this matter. He advised that this proposal was not being viewed in a negative light, however, there is a procedural issue for consideration. He explained that the design of the signs and the variance are linked, in that the reason for granting a variance in this case is that the City is imposing conditions related to design style, and in order to accommodate these conditions, the signs must be located on the property in a manner Mounds View City Council March 27, 2000 Regular Meeting Page 16 which necessitates a variance. He stated he has informed Mr. Coyle that the Planning Commission would act on the variance request with the design proposal before them, so that they could consider the proposed design and location of the signs. He explained that after the variance has been granted, the matter would then come before the Council, and at that point the Council could act upon the interim use permit. City Attorney Long stated when staff drafted this resolution, they were attempting to be accommodating to Sysco and DeLite Sign Company, to assure them that they were not being prevented from proceeding, however, the matter is not in proper form in terms of action at this time. He explained that the applicant should be comfortable with the design that is being required, and at this time, they are simply being referred to the design that has been proposed. He advised that as a condition of the interim use permit, the City could legally require that the applicant’s design proposal meets the same design criteria the City has imposed upon itself. He stated he believed the applicant should have the opportunity to put their proposal together, and bring that forward to the Planning Commission, and for this reason, he would recommend laying the matter over until Planning Commission action. Mayor Coughlin added that he and Council Member Quick attended the previous two meetings of the Planning Commission, and he is aware that the Planning Commission is attempting to accommodate Sysco’s request as much as possible. He indicated he would defer to legal opinion regarding the proper procedure, however, he would in no way desire to delay this process. He indicated it was to the benefit of both the applicant and the City to have this matter resolved as quickly as possible. Paul Radamacher, representative of DeLite Outdoor Advertising stated the second sign they are proposing would be located in their parking lot, and this is the reason they are proposing a different type of a structure. He explained that there would be safety concerns with regard to the truck traffic circulation on the parking lot, if they were to construct the large monument style sign such as the type of sign approved for the golf course. He stated in his understanding, the Planning Commission felt the monopole design would be acceptable, as long as there was some type of wrap that was aesthetically complimentary to the golf course signs. He explained that although it is in a very simply frame, their proposal indicates the sign with a brick wraparound on the pole, which could match the color of the signs on the golf course property. He indicated the primary reason for the differing design is the use of the Sysco property versus the use of the golf course property. He added that all other conditions are acceptable from their perspective. There was no further public input. Council Member Stigney stated the representation in Exhibit B is somewhat different than Exhibit A for the golf course. He explained that Exhibit B eliminates the tower and the soft lighting on the left-hand side of the sign, and he was not certain if this was intentional or not. Planning Associate Ericson stated staff had taken some creative liberties in terms creating this image. He explained that this is not to indicate that the tower would not be required, however, staff was attempting to address what would be reasonable in terms of being similar with the style and design. He indicated that if the Council would like to see exactly the same type of design style, they could certainly specify this, and staff had merely presented this as one option. Mounds View City Council March 27, 2000 Regular Meeting Page 17 Council Member Stigney pointed out that the Planning Commission would be examining this as well. MOTION/SECOND: Marty/Stigney. To Continue the Public Hearing and Postpone Further Discussion of Resolution 5417 Until the April 24 City Council Meeting. Ayes – 4 Nays – 0 Motion carried. Mayor Coughlin recessed the Council Meeting at 8:30 p.m. The Council Meeting reconvened at 8:35 p.m. F. Consideration of Metropolitan Council Environmental Services Loan Application. Director of Public Works Ulrich stated staff has recently received information from Metropolitan Council Environmental Services regarding a loan program they are offering to reduce Inflow and Filtration (I&I) into the sanitary sewer system. He indicated he has spoken with a representative of the agency to determine what methods and measures qualify for the program. He stated they are offering a $30,000 matching loan to the City to reduce the I&I into the City’s system, which ultimately reduces the clear water into the Metropolitan system and their treatment plants. Director of Public Works Ulrich stated the methods the City is currently utilizing such as television inspection, sleeving of offset joints, solidification of cracks, and sealing of manholes would qualify for this loan. He stated the administration of the program is that the City would submit an application, backed by a Council resolution in authorization of this, and perform some of these measures to total as close to the $60,000 amount as possible. He explained they have 18 months to perform the project, after which, every year for the next five years, they must document or survey these measures to insure that they are currently in place, and still functioning to reduce I&I. Director of Public Works Ulrich stated staff would submit an application listing the following corrective measures: 1. Manhole Cover Replacement 2. Manhole Sealing 3. Grouting of cracks and joints 4. Implementation of Sump Pump Removal Project. Director of Public Works Ulrich explained that the City as recently begun to replace some manhole covers. He stated the current manhole covers have 1 to 1½ inch thick holes in them, which allows for access, but also allows any rain or melting snow to enter. He advised that the manholes are inspected every time they televise, and they can see where manholes might be leaking and allowing for some infiltration. He stated that grouting and sealing the cracks and joints is determined when they are televising, at which time they are inspected and documented, and a contractor comes out and takes care of this. Mounds View City Council March 27, 2000 Regular Meeting Page 18 Director of Public Works Ulrich stated at many Thymes in the past, there has been discussion regarding the implementation of the Sump Pump Removal Project. He stated that depending upon the monies available, and where they commence, they could implement some type of program, however, there may be some difficulty in terms of the balance of the loan. He explained that this would determine the extent to which they are able to survey the community for sump pumps, the amount of money they would have for staff inspection, and the reimbursable costs they might be able to offer the residents to assist with these corrections. He indicated that the funds might become somewhat extended, however, it is something they could begin to examine, in preparation for some type of enactment of this program. Director of Public Works stated staff would indicate to the Metropolitan Council Environmental Services that the City still has sealed manholes in place, and they can make visual inspections of the manhole structures themselves to insure they are not leaking. He indicated staff could submit some documentation and pictures, as well as television reports made throughout the years, and as long as those items are still functioning, they will forgive the annual payment for that year, and ultimately, that loan would become a grant. Director of Public Works Ulrich stated there is currently $25,000 in the budget for manhole rehabilitation and main route rehabilitation, and staff is requesting an additional $5,000 from the Wastewater Contingency Fund be transferred into the System Improvement Fund, to show that they have matched the $30,000 loan. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution No. 5425, a Resolution Authorizing a Metropolitan Council Environmental Services I & I Loan Application. Council Member Marty requested clarification regarding the 18-month project completion and 5- year documentation time frames. Director of Public Works Ulrich explained that the projects they are able to accomplish with the $60,000 would have to be completed within the 18-month period. He stated they would probably begin in the same order the projects are listed in the Staff Report, with the very obvious items, where corrections could take place immediately, and they could show that the measures would hold up. For example, the replacement of manhole covers to stop infiltration, which would last for a very long time. He indicated the remainder of the measures, as they descend on the list, would probably require more significant funds. He stated they would have to begin contracting for services to seal manholes, cracks, joints and pipes, and these funds would pay for the staff time, televising, administrating the program, and all related costs. Council Member Marty inquired if they were prepared to commence once this item is approved. Director of Public Works Ulrich stated this was correct. He indicated they were currently performing some televising, and they could start from this point. He stated he had consulted Finance Director Kessel to determine if it would be more advantageous for the City to utilize its own funds, or to take the change on the loan, and he advised that this loan is based upon T-Bills, at .5 percent over the current rate. He explained that if some of the measures do not hold or Mounds View City Council March 27, 2000 Regular Meeting Page 19 prove they are functioning properly during the course of one year, or even the five-year period, the City would only be out a few hundred dollars. He advised that they would have the ultimate chance to receive the $30,000 loan, or they would have to pay a few hundred dollars in interest. Council Member Quick inquired if the City paid a fee for I&I reduction. Director of Public Works Ulrich stated the City pays a charge on everything that goes through the Metropolitan Council’s meters. He indicated that everything that goes through the City’s service goes through their meters and that is what the City’s wastewater service charge is based upon. He stated that if they could lower the amount of I&I by 10 percent, this would ultimately affect their billable rate of 10 percent. He pointed out that the City does not have an excessively high amount of I&I, and according to a study performed 10 to 12 years ago, the I&I was between 15 and 18 percent. He advised that this was quite acceptable for a community the size of Mounds View, however, the infrastructure is aging, and they are now seeing more cracks and more deviations in the pipes. Council Member Stigney inquired if Director of Public Works Ulrich believed the City had sufficient damage to meet the criteria for receiving this money as a grant. Director of Public Works Ulrich stated he believed this was the case. He indicated there is only $275,000 available for the entire Metro area, however, the Metropolitan Council bases their determination upon those with the highest need. He pointed out that in 1996, the City of Mounds View experienced a heavy rain event in July, during which they pumped more than 10,000,000 gallons over the average. He stated this is one identifiable point rank in the consideration, however, there are other cities with treatment plants that bypass the system during rain or heavy usage events, and they would receive more points. He explained that the final determination would depend upon such factors as the number of cities that submit loan applications. Ayes – 4 Nays – 0 Motion carried. G. Consideration of an Application for a License from Golden Gloves Youth Boxing. Assistant to the City Administrator Reed stated the previous week she received a request from Terry Marsh of Upper Midwest Golden Gloves to hold a boxing exhibition at Edgewood Middle School. She stated in the past, Mr. Marsh has held exhibitions in Mounds View, however, they were held at the Bel Ray. Assistant to the City Administrator Reed stated this event would take place on Saturday, April 8, from 1:00 to 3:00 p.m. She advised that State Statute requires the City give permission for such an event to occur, after which time, the State Boxing Board would issue a State license to Mr. Marsh to hold the exhibition. Assistant to the City Administrator Reed stated she has prepared Resolution 5429 for Council consideration, which is a resolution granting Mr. Marsh permission to hold this boxing exhibition, contingent upon the City’s receipt of two documents. She explained that the first document required of the applicant is a letter of permission from Edgewood Middle School, and Mounds View City Council March 27, 2000 Regular Meeting Page 20 at this time, she has not been contacted by anyone from the school regarding the status of this event. She stated the second condition of the resolution is that the applicant submit a copy of the State license to the City, at least one week prior to the date of this event. Assistant to the City Administrator Reed stated she has contacted the references provided by Mr. Marsh, which include the cities of Spring Lake Park and Coon Rapids. She indicated she had also checked with the State Boxing Board, which provided a satisfactory reference. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution No. 5429, a Resolution Approving an Application for a License from Golden Gloves Youth Boxing. Council Member Quick stated the boxing exhibitions were a common occurrence in Mounds View in the past, however, in the absence of the Bel Ray, they have not been seen for some time. He indicated such items were typically listed on the Consent Agenda at all Thymes. Council Member Stigney inquired if the applicant maintained any special liability insurance to cover any incidents associated with the event. Assistant to the City Administrator Reed advised that when the exhibitions were held on City property, the applicants were required to maintain liability insurance. She indicated she contacted the City Attorney’s office regarding this, and was informed that because this event is not being held on City property the City is not required, or even expected to require that Edgewood Middle School request this. Council Member Stigney inquired if this would be the responsibility of Edgewood Middle School. Assistant to the City Administrator Reed stated this was correct. Ayes – 4 Nays – 0 Motion carried. H. Review of Timetable for City Administrator Search Assistant to the City Administrator Reed stated before the Council was a suggested timetable for the search for the new City Administrator. She indicated on March 20, Mr. Brimeyer, who would be conducting the search, was authorized to proceed, and he would be gathering information regarding the profile for the City Administrator until April 14. She explained that Mr. Brimeyer would interview both staff and Council Members to determine the qualities they would like to see in an administrator. She indicated City Administrator Whiting has suggested one of these interviews be conducted with the City Attorney, and that the media also be provided the opportunity to speak with Mr. Brimeyer in this regard. Assistant to the City Administrator Reed advised that during the week of April 17, announcements would be placed in the newspapers, which would include the Star Tribune, the Pioneer Press, the Focus, and possibly one or two others. She stated on April 24, Mr. Brimeyer would present a draft of the candidate profile to the Council. She indicated there was a slight conflict in terms of Mr. Brimeyer’s schedule, and the exact date of the presentation is uncertain, because Mr. Brimeyer would be attending a Council Meeting at the same time the Council would be in session. Mounds View City Council March 27, 2000 Regular Meeting Page 21 Assistant to the City Administrator Reed stated between April 25 and May 29, Mr. Brimeyer would recruit candidates for the administrator position, with the application deadline being May 30. She indicated that from June 5 through June 27, Mr. Brimeyer would review and screen candidates, and on July 3, he would present a report of the final candidates to the Council. She stated there was an issue with regard to the July 3 date, in terms of the Council’s schedule, in that this was just prior to a holiday, and the Council should determine if they would hold their regular meeting that date, or later in the week. Assistant to the City Administrator Reed stated July 10 through the 25th, Mr. Brimeyer would conduct background and reference checks, and interviews would be held on July 28 and 29. She advised that the City would have a new administrator in August or September of 2000, depending upon the starting date of the individual selected. Council Member Stigney suggested in light of the conflict presented with the July 3 date, Mr. Brimeyer might touch bases with the Council regarding the results of the search, so that this could be completed by June 25. He advised that it would be better to expedite this matter, rather than delay. Mayor Coughlin indicated that during the search for the City’s Police Chief, Mr. Brimeyer had also run into some scheduling difficulties as a result of his service to his community. He stated the Council would attempt to be accommodating to Mr. Brimeyer’s schedule as possible. . I. Resolution No. 5422, a Resolution Determining the Acting City Administrator. City Administrator Whiting stated two weeks ago, the Council considered a proposal he has drafted, which, as had been done in the past, combines both the Sitting and the Acting Administrator positions, along with wage considerations. He stated at that time, he had removed this item from the agenda, because he had not calculated the additional pay being proposed, relative to the pay he was currently receiving. He indicated Assistant to the City Administrator Reed has researched information from other cities pertaining to these types of considerations, and after reviewing this information, he decided it would be appropriate to come back to the Council with two resolutions. City Administrator Whiting indicated Resolution 5422 appoints Director of Public Works, Michael Ulrich to the position of Interim Administrator. He stated Resolution 5427 pertains to a City policy to determine the wage adjustment for any management employee in an interim position for either the City Administrator or a Department Head. He indicated this issue has come forward in the past, and it has been dealt with on an “as discussed” basis. He explained that the information gathered from other communities did not point to one specific approach to dealing with these situations. He stated his thoughts were that a relatively simple policy, which would clarify this, would assist the Council and staff in determining how to proceed in these considerations, and would also prevent a possible negotiating situation. City Administrator Whiting stated Resolution 5427 provides for a wage adjustment increase of 15 percent. He explained that this was in recognition that the administrator’s position includes Mounds View City Council March 27, 2000 Regular Meeting Page 22 some benefits that are not available to other employees, such as full health insurance coverage and a vehicle allowance, and also that the policies of the past may not have compensated for this. City Administrator Whiting advised that the policy he has suggested of 15 percent over current pay, would be relatively simple to administrate. He explained that the amount could be discussed, however, in consideration of the specific circumstance at hand, 15 percent is actually less than the amount previously proposed. He pointed out that in 1995, then Community Development Director Paul Herrington was placed in the interim position at a $1,000 per month wage increase, which was considerably more than 15 percent, and in addition, he was provided $200 for a vehicle allowance. He explained that relatively speaking, this proposal is somewhat more conservative than what has been done in the past. City Administrator Whiting stated it appears that this policy would provide ease in administration, and would reflect a commitment to the employee that is being placed in the position, while recognizing that as an interim, they are not expected to perform the same work as the position would otherwise require. MOTION/SECOND: Quick/Marty. To Approve Resolution No. 5422, a Resolution Determining the Acting City Administrator. Ayes – 4 Nays – 0 Motion carried. J. Resolution No. 5427, a Resolution Determining the Compensation Policy for Employees Serving in Interim Management Employment Capacities. MOTION/SECOND: Quick/Marty. To Approve Resolution No. 5427, a Resolution Determining the Compensation Policy for Employees Serving in Interim Management Employment Capacities. Council Member Marty stated in light of the discussion at the previous Council Meeting and the rationale that City Administrator Whiting has brought forward, the City needs a resolution such as this. He explained that this would provide that the Council and staff are not faced with attempting to pull a dollar amount out of the air, in future situations such as this. He stated this policy appeared to be very well thought out, and a good decision Council Member Marty extended his appreciation to City Administrator Whiting for all of the hard work he has done for the City. He stated he has learned much from City Administrator Whiting, and he is sad to see him go. He thanked City Administrator Whiting for taking the time to bring him up to speed, as much as he was able. He expressed his appreciation for all of the work and brainpower City Administrator Whiting has invested in the City, and for keeping the City and staff glued together. He reiterated he was sad to see him go. Ayes – 4 Nays – 0 Motion carried. Mounds View City Council March 27, 2000 Regular Meeting Page 23 K. Consideration of New Brighton-Mounds View Chamber of Commerce Correspondence regarding the Economic Development Commission. Mayor Coughlin provided the Council with copies of a letter he received that date from the New Brighton-Mounds View Chamber of Commerce, which was addressed to the City Council and himself. He requested City Administrator Whiting read the letter, after which the Council could discuss possible action. City Administrator Whiting read as follows: Dear Mayor Coughlin and City Council, We understand that the Economic Development Commission consists of several seats held by city residents and two seats held by local business owners. One seat is held by Julie Olsen. After the recent letters to the editor with the reference to Adolph Hitler we feel that Ms. Olsen should be removed from this seat. Clearly her attitudes do not reflect the business community nor do we want this type of publicity for Mounds View and its businesses. We support your efforts to cable cast the Commission meeting including the Economic Development Commission and the Charter Commission. Because of this, it is extremely important to us that the community does not associate Ms. Olsen’s attitude with the business community. This seat on the Economic Development Commission should be held by a business owner in Mounds View who pays business rate taxes, franchise fees and supports the need for the city to move ahead in a positive productive manner. Sincerely, Carol Frey President New Brighton-Mounds View Area Chamber of Commerce Mayor Coughlin stated he has attached to the letter Section 408.06 Subd. 2, regarding the Code pertaining to the Economic Development Commission, for Council reference. He stated the first portion of this paragraph indicates “Any member of the Commission may be removed from office for just cause and on written charges by at least four-fifths (4/5) of the entire Authority. Such member may be entitled to a public hearing before such a vote is taken.” Mayor Coughlin stated in light of the significant gravity of this matter, and the vote of “no confidence” by the business community, he would request City Attorney Long advise if it would be in order for the Council to set a public hearing to provide that all parties could address this matter. City Attorney Long stated it was the Economic Development Authority that would take the action, and currently they are sitting as the City Council, therefore, the Council could make a recommendation to the Economic Development Authority to hold a public hearing at their next Mounds View City Council March 27, 2000 Regular Meeting Page 24 scheduled meeting date. He advised that the Economic Development Authority would hold the public hearing. Mayor Coughlin suggested that with the consent of the Council, they suspend the Council Meeting and open the Economic Development Authority meeting. City Attorney Long advised that they could recess the Council Meeting and reconvene as the Economic Development Authority to take up the matter to consider the question of whether or not they wish to schedule a public hearing without taking any further action at this time. MOTION/SECOND: Marty/Quick. To Recess the City Council Meeting and Reconvene as the Economic Development Authority. Ayes – 4 Nays – 0 Motion carried. Mayor Coughlin recessed the Council Meeting to the Economic Development Authority meeting at 9:00 p.m. Following adjournment of the Economic Development Authority meeting, Mayor Coughlin announced that the Council would now meet in closed executive session to discuss LELS Patrol and Sergeant contracts negotiations. He thanked City Administrator Whiting for his years of service with the City, and expressed his continued appreciation to staff and the Council for their diligence and perseverance. Mayor Coughlin adjourned the regular meeting to a closed executive session at 9:10 p.m. L. Closed Session. Review of LELS Patrol and Sergeant Contracts Negotiations. 11. Next Council Work Session: Monday, April 3, 2000 – 6:00 P.M. Next Council Meeting: Monday, April 10, 2000 – 7:00 P.M. 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 10:35 p.m. Transcribed and recorded by: Trish Pearson Thymesaver Off Site Secretarial, Inc.