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HomeMy WebLinkAboutAgenda Packets - 2003/05/12CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, May 12, 2003 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 7. A. JUST AND CORRECT CLAIMS B. AUTHORIZATION FOR EXPENDITURES 1. League of Minnesota Cities Insurance Trust 8. CONSENT AGENDA A. Licenses for Approval B. Resolution No. 6001 Approval of Golf Car Lease Agreement. C. Resolution No. 6008 Authorizing the hiring of Nicholas Fleischhecker as a Sanitary Sewer Maintenance Employee D. Pathway Construction Project - Resolution No. 6009, Authorizing the preparation of a Preliminary Feasibility Report, preparation of Plans and Specifications and Approving the execution of a supplemental letter of agreement with Short Elliott Hendrickson Inc. E. Resolution 5961 Approving a Supplemental Letter of Agreement with SEH for work associated with the Water Tower Rehabilitation Project. F. Resolution 6015 Approving a Contract with Sprint for Long Distance Telephone Service. G. Resolution 6012 Directing Staff to Advertise to Fill the Planning Associate Vacancy in the Community Development Department. H. Resolution 6007 Authorizing Execution of a Memorandum of Understanding Concerning the Fire Protection Services Contract. I. Resolution 5972, Resolution Approving a Step Adjustment for David Parker, Grounds & Equipment Manager 9. COUNCIL BUSINESS A. 7:00 PM – Continuation of Public Hearing and Consideration of Resolution 5997, A Resolution Amending the Planned Unit Development Provisions Associated with the Property Located at 2442 County Highway 10. City Council Agenda May 12, 2003 Page 2 9. COUNCIL BUSINESS CONT. B. 7:05 PM – Continuation of Public Hearing, Introduction and First Reading of Ordinance 711, an Ordinance Amending the Mounds View Zoning Code Pertaining to Pawnshops C. Introduction and First Reading of Ordinance 712, an Ordinance Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 516 to Regulate the Operations of Pawnshops in the City of Mounds View. D. Second Reading and Adoption of Ordinance 713, an Ordinance Amending Chapter 603 of the Mounds View Municipal Code by Pertaining Garbage and Rubbish Requirements and Restrictions ROLE CALL VOTE: E. Second Reading and Adoption of Ordinance 714, an Ordinance Amending Chapter 405 of the Mounds View Municipal Code by Pertaining to the Parks and Recreation Commission ROLE CALL VOTE: F. First Reading and Introduction of Ordinance 715, an Ordinance Amending Title 1000 of the Mounds View Municipal Code Entitled Building and Development Regulations. G. 2004 Street Improvement Project - Resolution No. 6010, Authorizing the preparation of a Preliminary Feasibility Report and Consultant Selection H. Police Administrative Assistant, Senior Clerk Typist Positions (1) Resolution 6013 Appointing Linda Meyer to a Vacancy in the Police Department (2) Resolution 6014 Appointing Kathy Bednar to the Position of Police Senior Clerk Typist I. Resolution 6011 Approval to proceed with the Department of Justice Universal Hiring Grant program for two new Police Officers. 10. REPORTS A. Reports of Mayor and Council B. Reports of staff C. Reports of City Attorney 11. APPROVAL OF MINUTES A. City Council Minutes, Monday, April 28, 2003. 12. Next Council Work Session: Monday, June 2, 2003 Next Special Council Meeting: Monday, May 19, 2003 Next Regular Council Meeting: Tuesday, May 27, 2003 13. ADJOURNMENT Item No.08A Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Barb Benesch Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: May 12, 2003 Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2003. 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 2002. Those companies renewing their license were licensed, at a minimum, in the year 2002. The type of license they are applying for follows the company name. Anderson Heating & Air Cond. – HVAC – New Blacktop Driveway Co, Inc. – Asphalt – Renewal Brochman Blacktopping Co. – Asphalt – New JRS Companies LLC dba Mr. Rooter – Excavating – New Lino Lakes Blacktopping – Asphalt - Renewal Nordwall & Associates, Inc. – HVAC – New Staff Recommendation: Approve license applications as requested. Item No. 8C Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 6008 Hiring Nicholas Fleischhacker as a Sanitary Sewer Maintenance Employee Meeting Date: May 12, 2003 Background On January 18, 2003, City Council approved Resolution No. 5930 that authorized the Public Works Department to advertise for two currently vacant full-time positions: one in the Sanitary Sewer Division and one in Storm Water / Surface Water Division. Acting on this direction from City Council, Staff proceeded by advertising for these two positions in the City’s official newspaper, the New Brighton-Mounds View Bulletin, and the Star Tribune. The City received a total of forty-five (45) applications for the two positions. The applications were pointed and interviews were scheduled with fourteen applicants. The interview committee consisted of the Public Works Director, the Public Works Foreman, and the Public Works Administrative Assistant. First- round interviews were held the week of March 10th. The field of candidates was then narrowed to four applicants. Second-round interviews, which included a tour of Public Works building and a casual meeting with all members of the Public Works Department, were held the week of March 24th. On April 14, 2003, City Council Approved Resolution No. 5987 hiring Jeffery Hayes as a Sanitary Sewer Maintenance Employee. Mr. Hayes originally accepted the offer, but later declined it citing counter offers and satisfaction with current employment. Discussion Considering the situation, Staff reviewed the credentials of the two remaining candidates of the original four finalists for the positions. Staff was unable to contact one of the candidates, thus leaving one remaining finalist, Nick Fleischhacker. The interview committee consulted and agreed that Nick Fleischhacker would meet and exceed all requirements of a Sanitary Sewer Maintenance Employee. Mr. Fleischhacker is currently employed as a Seasonal Employee for the City of Mounds View, and has been employed by the City for the last four seasons – a total of 3,261 hours. Mr. Fleischhacker already has Public Works experience and has demonstrated the ability to perform sanitary sewer cleaning, root removal, vactor maintenance and operation, sewer condition diagnosis, sewer reconstruction, sewer televising and diagnosis, and televising equipment maintenance, repair, and operation. Mr. Fleischhacker also holds the all time record for most feet of sewer cleaned in one day (10,000 feet). Mr. Fleischhacker has proven to be a conscientious, hard working, and very intelligent individual. Mr. Fleischhacker holds a valid commercial drivers license (CDL). Mr. Fleischhacker also attends Anoka Hennipen Technical College/ Metropolitan State University, studying Applied Science with an emphasis in flight. The Public Works Department is confident that Mr. Fleischhacker would be an asset to the City and is recommending that the Council hire him for the position of Sanitary Sewer Maintenance Employee, contingent upon passing all pre- employment tests (i.e. drug and alcohol test, criminal background check, physical, etc. Mr. Fleischhacker, if hired, would be a member of the Public Works Collective Bargaining Unit. As such, Mr. Fleischhacker would be subject to the established job classification system with regard to the pay scale. Based on the criteria set forth by the Labor Agreement with the Public Works Collective Bargaining Unit, Mr. Fleischhacker would qualify for Level B pay scale, which is currently established at $16.34 per hour. Progressing to Level C, then D in the future, will be based on Mr. Fleischhacker’s ability to meet the criteria established by the Labor Agreement for these levels. It should be noted that this rate is based on the agreed amount for 2002. The Public Works Collective Bargaining Unit is currently working with the City to update the Labor Agreement for 2003 and 2004. As per the Public Works Labor Agreement, Mr. Fleischhacker would be subject to a twelve month probationary period. All other personnel policies will apply per the Public Works Labor Agreement and the City’s personnel manual. Recommendation: Staff recommends that the City Council approve Resolution No. 6008 hiring Nicholas Fleischhacker as a Sanitary Sewer Maintenance Employee. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6008 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION HIRING NICHOLAS FLEISCHHACKER AS A SANITARY SEWER MAINTENANCE EMPLOYEE WHEREAS, the Mounds View City Council has given direction to hire a Sanitary Sewer Maintenance Employee; and WHEREAS, the position was advertised and the City received 45 applications; and WHEREAS, Nicholas Fleischhacker is qualified for the position and would begin employment with the City on May 13, 2003; and WHEREAS, Mr. Fleischhacker will be a member of the Public Works Collective Bargaining Unit, and as such, would be subject to the established job classification system with regard to the pay scale as set forth in the Public Works Labor Agreement, and WHEREAS, Mr. Fleischhacker qualifies for Level B pay scale based on the criteria set forth by said Labor Agreement, which is currently established at $16.34 per hour; and WHEREAS, Mr. Fleischhacker would be subject to a twelve month probationary period and all other personnel policies as per the Public Works Labor Agreement and the City’s personnel manual. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve hiring Nicholas Fleischhacker as a Sanitary Sewer Maintenance Employee for the City of Mounds View Public Works Department effective May 13, 2003. Adopted this 12th day of May 2003. ______________________________ Jerry Linke, Mayor (ATTEST) _______________________________ James Ericson Interim City Clerk/Administrator (SEAL) Item No: 8G Meeting Date: May 12, 2003 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Authorization to Advertise for the Vacancy in the Community Development Department Introduction: As the Council knows, we have been without the services of a Planning Associate since Jim Atkinson vacated the position in November of 2002. Instead of immediately filling the position, we decided to reassess our needs to ensure we would operate in the most effective and efficient manner possible. That analysis has been completed. Information was presented to the City Council at your worksession on May 5, 2003, at which time there was consensus to have the item brought back to the May 12 meeting for formal authorization. Attached to this report is Resolution 6012, authorizing the advertising of this position. The job description has been sent to Labor Relations for review and recommendation of an appropriate, comparable salary range. The discussion that follows is the same as what was presented at the worksession: Discussion: During the six months that the position has been vacant, it has become apparent that the position should be more involved in the various City inspections programs, taking the lead on zoning code inspections and lending support toward nuisance code inspections and enforcement. It also became apparent that the vacancy causing delays in processing resident requests and applications and subsequent inspections and other department activities. In December of 2002, the Community Development Department acquired the services of a temporary inspector two days a week to provide much needed assistance. The temporary inspector however has since received a full time position elsewhere and the department is once again in a position where we are unable to provide the level of service that the community has come to expect. We have explored the options of sharing a planner with other communities, and while that remains a possibility, nothing was solidified. One Community offered to share a planner with Mounds View but that offer was withdrawn for reasons specific to their own situation. Our needs are such that an intern simply would not suffice and we cannot wait and see if an opportunity to utilize another city’s planner would ever materialize. If the City hires a Planning Associate based on a revised, more entry level responsibilities, that would not preclude Mounds View from sharing our staff with another community. Compensation: The City’s pay plan for the planning associate articulates the five steps as follows: Step 1 Step 2 Step 3 Step 4 Step 5 $37,539.84 $39,886.08 $42,232.32 $44,578.56 $46,924.80 According to the Compensation Study recently completed by Labor Relations Associates, the Planning Associate’s maximum monthly salary exceeds the Stanton Mean rate by $426. The 2003 monthly salary for the new Planning Associate could be reduced with the intent to set the adjusted salary range closer to the Stanton Mean, in conjunction with the revised duties. Justification: While I would assert that workload alone warrants the filling of this position, I’d like to point out two other factors. While the department functions similar to the water and sewer departments in that we bring in revenue and that said revenue theoretically supports the activities of the Community Development Department, Community Development is not set up as an enterprise fund. Certainly it could be set up that way and thus the revenues would support the staff and department functions. Other Cities have set up their permit and planning revenue as enterprise funds, separate and outside of the general fund. I am not advising or suggesting that take place here but simply pointing out that there needs to be strong relationship between revenues and expenses. The other point I’d make relates to the recent Building Fee Report that is now required of every city. Cities were mandated to report on a variety of fees collected and then document all associated expenses. The presumed purpose of the required report is to ensure that communities are not overcharging residents and developers and that revenues relate to expenses. By not filling the planning associate position, it will appear as though the City IS overcharging on fees since there will be less expenses to charge back against the fees. No one knows what will happen to communities where fees exceed expenses, but some have hinted at more legislation, fee restrictions or even legal action. And lastly, hiring a replacement for the planning associate would not preclude a reorganization of the department in the future—that could still occur dependent upon budgetary issues and a variety of other factors. Recommendation: Approve Resolution 6012 authorizing staff to advertise for the vacant Planning Associate position. _____________________________________ James Ericson Interim City Clerk/Administrator RESOLUTION NO. 6012 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZATION TO ADVERTISE FOR THE VACANT PLANNING ASSOCIATE POSITION IN THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, there is currently a vacant position in the Community Development Department, and WHEREAS, the vacancy is such that staff is currently unable to provide a minimum acceptable level of service to the community; and WHEREAS, the City Council recognizes the importance of planning and inspection activity in the City and desires to fill the vacancy created by the former Planning Associate’s resignation in 2002; and WHEREAS, the job description for the position will be reviewed to establish an appropriate salary range with such range requiring subsequent Council approval. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize the Community Development Department to advertise for the two currently vacant positions. Adopted this 12th day of May, 2003. _______________________________ Jerry Linke, Mayor ATTEST ________________________________ James Ericson, City Administrator (SEAL) Item No: 08H Meeting Date: May 12, 2003 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Acting City Administrator Item Title/Subject: Discussion of Fire Services Contract Renewal Introduction: On April 28, 2003, the Council was presented with information regarding the Fire Protection Services contract and that the contract was due to renew at the end of the year. (The Cities of Blaine, Spring Lake Park and Mounds View are jointly served by the SBM Fire department.) If the cities would like to renew the contract without amendment, a memorandum of understanding would need to be executed by all parties. (Blaine and Spring Lake Park have already signed this document.) If a City would like to cancel the contract or renegotiate in any way, it must notify the other parties of its intent to do so no later than 6 months prior to the contract renewal date, which is January 1, 2004. Discussion: At the April 28, 2003 meeting, there was some concern about the formula that is used to charge the cities and whether the formula was equitable and in the City’s best interest. Action on the item was tabled until May 12, 2003 to give the Fire Chief and opportunity to respond to the Council’s concerns. Chief Zikmund appeared before the Council at your worksession May 5, 2003 and discussed with the Council how the formula was established and how the formula was not a part of the contract but rather a provision of the joint powers agreement between the three cities that the fire department was not a party to. Satisfied with the Fire Chief’s response, the Council directed that the item be placed on the May 12, 2003 agenda. Recommendation: Adopt Resolution 6007 authorizing the execution the Memorandum of Understanding relating to the Fire Protection Services Contract. _____________________________________ James Ericson Interim City Clerk/Administrator Attachments: 1. Resolution 6007 RESOLUTION NO. 6007 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE INTERIM CITY ADMINISTRATOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE RENEWAL OF THE FIRE PROTECTION SERVICES CONTRACT BETWEEN THE CITIES OF MOUNDS VIEW, BLAINE AND SPRING LAKE PARK AND THE FIRE DEPARTMENT WHEREAS, the City of Mounds View, along with the cities of Blaine and Spring Lake Park, entered into a Contract with the Spring Lake Park Fire Department for Fire Protection Services in 1994; and, WHEREAS, the term of the Contract was ten years through the end of 2003 with an automatic renewal provision as long as no parties desired to renegotiate the terms or terminate the Contract; and, WHEREAS, the City Council of the City of Mounds View finds that the terms of the Contract remain acceptable and in the City’s best interest and desire to allow the Contract to self-renew. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View hereby authorizes and directs the interim city administrator to execute the attached Memorandum of Understanding (Exhibit A) on the City’s behalf regarding the renewal of the Fire Protection Services Contract. Adopted this 12th day of May, 2003. _____________________________ Jerry Linke, Mayor ATTEST: ___________________________ James Ericson Interim City Administrator (SEAL) EXHIBIT A. Memorandum of Understanding To: Barb Nelson, Spring Lake Park City Administrator Jim Ericson, Mounds View City Administrator Dave Johnson, City of Blaine Safety Services Division Manager From: Nyle Zikmund, Spring Lake Park Fire Department Incorporated Fire Chief Date: April 24, 2003 Re: Fire Contract This memorandum serves as official notice and understanding that the three cities and fire department are aware that the “Contract to Furnish Fire Protection Services to the Cities of Blaine, Mounds View and Spring Lake Park” automatically renews for another ten year period effective January 1, 2004 unless any of the four parties gives written notice of intention to re-negotiate some or all of the contract by July 1, 2003. The memorandum, signed by all four parties serves as a record that all parties have been notified and none of the parties intend to service notice and understand the contract will automatically renew until December 31, 2013. This memorandum also serves as a record of documentation that the lease agreement contained as an attachment to the Contract contains incorrect address information for the City of Blaine and the Fire Department. The correct address for the City of Blaine is: 10801 Town Square Drive Blaine, MN 55449 The correct address for the Fire Department is: 1710 County Road 10 Spring Lake Park, MN 55432 _______________________________ ______________________________ Barb Nelson, SLP Jim Ericson, Mounds View ________________________________ ______________________________ Dave Johnson, Blaine Nyle Zikmund, SLP Fire Department Item No.8I Type of Business:CA Meeting Date: May 19, 2003 City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mary Burg, Golf Course Manager Subject: Resolution No. 5972, Resolution Approving a Step Adjustment for David Parker, Grounds & Equipment Manager Date: May 12, 2003 Background: Consideration of STEP Increase consistent with a section 3:01 as stipulated in the Mounds View Personnel Policy for David Parker, Grounds /Equipment Manager. Discussion: Resolution 5820, Establishing a Wage for the Grounds/Equipment Manager was adopted on May 20,2002. This resolution reclassified David as a full time employee on May 20, 2002. After review of the resolution, it does appear that Mr. Parker should have received a 6-month step increase November 20, 2002. He will be eligible for another step increase on May 20, 2003. Recommendation: David Parker receives an increase to STEP 3 in the amount of $38,934.00. Respectfully Submitted, Mary Burg, Golf Course Manager RESOLUTION NO. 5972 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A STEP ADJUSTMENT FOR DAVID PARKER, GROUNDS & EQUIPMENT MANAGER WHEREAS, David Parker is a regular full-time employee who began working for the City of Mounds View on May 20, 2002; and WHEREAS, on May 12, 2003, David Parker’s Supervisor reviewed his performance as it relates to the responsibilities of Grounds/Equipment Manager outlined in the job description; and WHEREAS, David Parker’s Supervisor determined that Mr. Parker has more than satisfactorily performed in the capacity of Grounds/Equipment Manager (documented in his performance review on file); and WHEREAS, a wage adjustment from STEP TWO to STEP THREE is consistent with the City’s personnel policy. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment for Grounds/Equipment Manager David Parker from STEP TWO ($ 36771.00) to STEP THREE ($38,934.00) effective May 20, 2003. Adopted this 12th day of May 2003. ATTEST: ________________________________ Jerry Linke, Mayor _________________________________ (SEAL) James Ericson, Interim City Administrator Item No: 09A Meeting Date: May 12, 2003 Type of Business: PH & CB City of Mounds View Staff Report To: Mounds View City Council From: James Ericson, Interim City Administrator Item Title/Subject: Public Hearing Continuation and Consideration of Resolution 5997, a Resolution Regarding a Proposed PUD Amendment for the Property Located at 2442 County Highway 10 Introduction: On May 11, 1998, the Mounds View City Council approved Resolution 5226, a resolution approving a Planned Unit Development (PUD) agreement for a theater development on a parcel bounded by County Road H2 to the south, Long Lake Road to the west and Highway 10 (now County Highway 10) to the north. The PUD agreement established uses for the parcels within the site which were as follows: • Multi-screen movie theater • Office uses • Parking • Restaurants • Retail The PUD agreement was specific as to which uses would be located on which lots. Since its approval, four of the seven parcels have been developed: The theater, the parking lot (which is its own lot since it is separated form the theater by Edgewood Drive right of way) and an office building. Recently, Jake’s of Mounds View entered into a purchase agreement with the developer to improve the second of the three office lots for additional parking to serve Jake’s. (The remaining office parcel is also being considered for additional parking by Carmike Cinemas.) The only two remaining undeveloped lots then are identified by the developer as Outparcel “A” and Outparcel “B”. Outparcel B is the undeveloped lot next to the theater which was planned for use as a restaurant or retail, or a combination of the both. Outparcel A, the parcel within the PUD currently being considered for amendment, was originally established for a restaurant use. Since the theater opened, the developer’s representatives have marketed the site to potential restaurateurs and franchise groups, however they have not succeeded in securing an appropriate restaurant tenant, which has prompted them to consider alternative uses for the parcel. In addition to the restaurant use, the developer would like to add “office” as a permitted use for the parcel. At the Council’s last regular meeting on April 28, 2003, this item was tabled due to issues relating to parking and concerns with the proposed office use. The developer will be in attendance and will be able to respond to any question you may have. PUD Amendment Report April 28, 2003 Page 2 Discussion: An amendment to a Planned Unit Developments is processed as would an amendment to an approved Conditional Use Permit, which is to say that the procedural requirements of Section 1125 of the Zoning Code would be followed. Section 1125 requires that the City review the request, taking into consideration any and all potential adverse effects of the proposed amendment. Property Tax Consequences. Staff has reviewed the proposed amendment from a property tax standpoint. While there are innumerable factors that play into a building’s assessed valuation, a large component of the equation is the overall building area. The more building area, the greater the building value and, the greater the tax capacity. The draft site plan indicates a 15,000 square foot office building, nearly twice the size of the original restaurant footprint. Staff has asked the commercial appraiser from Ramsey County to comment on the potential tax implications of the proposed amendment and will report on this issue verbally at the Council meeting. Potential Adverse Effects: Chapter 1125 articulates the potential adverse effects that can and should be addressed in the course of considering such an amendment. They are as follows: 1. Relationship to Municipal Comprehensive Plan. Mounds View’s adopted Comprehensive Plan identifies the Theater PUD site as a Regional Commercial PUD. All of the identified and approved uses within with the PUD would fall into this future land use designation. The proposed office use on the corner of Long Lake Road and County Highway would be just as consistent with the Comp Plan as would the PUD approved restaurant use. 2. The geographical area involved. The site is a triangular lot located on County Highway 10, the City’s primary and most prominent commercial corridor. The parcel is a corner lot bounded to the west by Long Lake Road, a higher volume traffic arterial. A wetland and woods separates the site from the other parcels associated with the Theater PUD. Rice Creek Watershed District approved the development and stormwater ponds were constructed to handle full site build out. 3. Neighborhood Impact. As mentioned earlier in this report, the original planned use for this particular parcel was a restaurant. A restaurant however would generate more traffic and would have a greater demand for parking than would an office use. While there’s no denial that a restaurant would be preferred, an office use would have less impact to the neighborhood and would be less likely to generate later evening disturbances. 4. The character of the surrounding area. As indicated above, the parcel is separated from the other Theater PUD parcels by the intervening woods and wetlands. Across the street to west is Wildwood Manor, a 40-unit multi-family senior residential complex. Beyond Wildwood Manor is the Silver Lake Woods Townhomes. North of the parcel, across County Highway 10, higher density commercial has been developed. Thus, the proposed office building would not be out of place and may even have less of an impact to the neighbors closest to the parcel, Wildwood Manor. PUD Amendment Report April 28, 2003 Page 3 5. The demonstrated need for such use. Residents continually comment that it would be nice to have another sit-down type of restaurant in the City. (There are many restaurant options in Mounds View, however most are of the “Fast food” variety.) The other most wanted uses residents tend to identify are grocery, hardware and medical. It is my understanding that the proposed office building on Outparcel A would be marketed to medical practitioners. Only one such use exists in the City currently—Silverview Chiropractic in Silverview Plaza. A specialized office development on this site could fill a niche not currently met in the City. Planning Commission Action: Based upon its review of the adverse effects and analysis to determine consistency with the Comprehensive Plan, the Planning Commission prepared a “Finding of Fact” and recommended that the proposed PUD amendment be approved. Their resolution, Resolution 725-03, is attached for the Council’s review. Summary: Based upon the above review of potential adverse effects, it appears that there is sufficient basis to accept an amendment to the Theater PUD to allow for an office use on Outparcel A as an acceptable alternative to a restaurant. Recommendation: Continue the public hearing and discuss the proposed PUD amendment and consider any additional potential adverse effects associated with the amendment. If the City Council concurs with the Planning Commission’s recommendation, Resolution 5997 is available for your action this evening. If the Council is opposed to the amendment request, direction would be needed to draft a resolution denying the request. _____________________________________ James Ericson Interim City Administrator Attachments: 1. Development Application 2. Zoning Map 3. Proposed Site Plan 4. Resolution 725-03 Zoning Map LIBRARY COMMUNITY CENTER WALGREENS THEATER JAKE’S PARKING LOT A B OUT PARCELS MOUNDS VIEW PLANNING COMMISSION RESOLUTION 725-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO THE THEATER PUD AGREEMENT BY ADDING “OFFICE” AS AN ALLOWED USE ON LOT 1, BLOCK 2, ANTHONY PROPERTIES ADDITION; MOUNDS VIEW PLANNING CASE PA03-001 WHEREAS, the Mounds View City Council approved the Theater Planned Unit Development (PUD) Agreement on May 11, 1998; and, WHEREAS, the approved uses for the Theater PUD included a theater, three office buildings, restaurants and retail uses; and, WHEREAS, the lot located at 2442 County Highway 10, legally described as Lot 1, Block 2; Anthony Properties Addition, was approved by the Council for a Restaurant use; and, WHEREAS, having been unable to develop the property with a restaurant, the developer wishes to amend the PUD Agreement by adding “office” as an allowed use for the site; and, WHEREAS, the Planning Commission has reviewed this request and has examined the potential adverse effects that could result from such an amendment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following finding of fact related to this request: 1. The lot in question, 2442 County Highway 10, described by the developer as Outparcel “A,” is zoned Planned Unit Development (PUD) and the only allowed use for the site is a restaurant. 2. The lot in question remains vacant and as such the developer has requested an amendment to the PUD to allow for an office building to be constructed on the site. 3. The Future Land Use Map from the City’s Comprehensive Plan designates this area as a Regional Commercial Planned Unit Development which is consistent with the zoning of the site. 4. 2442 County Highway 10 is within the City’s primary commercial corridor and as such either a restaurant or an office building would be a fitting development. PUD Amendment Report April 28, 2003 Page 6 5. The property is a corner lot, bordered to the north by County Road 10 and to the west by Long Lake Road. To the south is a wooded wetland. The nearest “improvement” is the 40-unit Wildwood Manor multi-family residential development across Long Lake Road. The construction of an office building would have no depreciatory affects upon this area. 6. The original intent of the PUD would be preserved in that the same architectural requirements and development standards would prevail for this lot, regardless of whether developed as a restaurant or office building. 7. The developer has indicated that the office concept would fill a niche not currently present or available in the community. 8. The improvement of an office building on this lot would have potentially less of an impact to the multi-family development across the street on Long Lake Road than would a restaurant. 9. There do not appear to be any adverse effects associated with this proposed amendment. BE IT FURTHER RESOLVED that the Mounds View Planning Commission, based upon the above finding of fact, does hereby recommend that the Theater Planned Unit Development (PUD) be amended such that the use “Office” be added to those uses expressly permitted on Lot 1, Block 2, Anthony Properties Addition. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution and the two draft ordinances to the City Council prior to approval of the minutes. Adopted this 16th day of April, 2003. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson Interim City Administrator (SEAL) Site Plan RESOLUTION 5997 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN AMENDMENT TO THE THEATER PUD AGREEMENT BY ADDING “OFFICE” AS AN ALLOWED USE ON LOT 1, BLOCK 2, ANTHONY PROPERTIES ADDITION; MOUNDS VIEW PLANNING CASE PA03-001 WHEREAS, the Mounds View City Council approved the Theater Planned Unit Development (PUD) Agreement on May 11, 1998; and, WHEREAS, the approved uses for the Theater PUD included a theater, office buildings, parking, restaurants and retail uses; and, WHEREAS, the lot located at 2442 County Highway 10, legally described as Lot 1, Block 2; Anthony Properties Addition, was approved by the Council for a Restaurant use; and, WHEREAS, having been unable to develop the property with a restaurant, the developer wishes to amend the PUD Agreement by adding “office” as an allowed use for the site; and, WHEREAS, the Mounds View City Council has reviewed this request and has examined the potential adverse effects that could result from such an amendment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following finding of fact related to this request: 1. The lot in question, 2442 County Highway 10, described by the developer as Outparcel “A,” is zoned Planned Unit Development (PUD) and the only allowed use for the site is a restaurant. 2. The lot in question remains vacant and as such the developer has requested an amendment to the PUD to allow for an office building to be constructed on the site. 3. The Future Land Use Map from the City’s Comprehensive Plan designates this area as a Regional Commercial Planned Unit Development which is consistent with the zoning of the site and the proposed amendment. 4. 2442 County Highway 10 is within the City’s primary commercial corridor and as such either a restaurant or an office building would be a fitting development. Resolution 5997 Page 2 5. The property is a corner lot, bordered to the north by County Road 10 and to the west by Long Lake Road. To the south is a wooded wetland. The nearest “improvement” is the 40-unit Wildwood Manor multi-family residential development across Long Lake Road. The construction of an office building would have no depreciatory affects upon this area. 6. The original intent of the PUD would be preserved in that the same architectural requirements and development standards would prevail for this lot, regardless of whether developed as a restaurant or office building. 7. The developer has indicated that the office concept would fill a niche not currently present or available in the community. 8. The improvement of an office building on this lot would have potentially less of an impact to the multi-family development across the street on Long Lake Road than would a restaurant. 9. There do not appear to be any adverse effects associated with this proposed amendment. 10. The Planning Commission has recommended approval of the requested PUD amendment at their meeting on April 16, 2003. BE IT FINALLY RESOLVED, based upon the above finding of fact, the Mounds View City Council approves the requested amendment to the Theater PUD Agreement by adding “Office” as an allowed use on Lot 1, Block 2, Anthony Properties Addition Adopted this 28th day of April, 2003. _____________________________________ Jerry Linke, Mayor ATTEST: _____________________________________ James Ericson, Interim City Administrator (SEAL) Proposed Building Elevation Item No. 9D Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Tracy Juell, Administrative Assistant, Public Works Dept Item Title/Subject: Second Reading and Adoption of Ordinance No. 713, an Ordinance Amending Chapter 603 of the Mounds View City Code Pertaining to Garbage and Rubbish Requirements and Restrictions Meeting Date: May 12, 2003 Background On February 27, 2003, Staff met with Jennefer Klennert, Residential Marketing Manager with Waste Management to discuss the City’s recycling pick up requirements. Ms. Klennert explained that Waste Management is progressing to a “single-sort” residential recycling program that would be picked up bi-weekly instead of weekly, which is required by the City’s current ordinance. This program will allow the recyclers simply to put all recyclables into one container. The container is similar to a regular garbage receptacle (64 gallon) but is green in color with a yellow lid, and can be wheeled out to the curbside. Waste Management currently has 257 Mounds View customers; metro wide, Waste Management serves over 53,000 households via this method. Attached are two flyers from Waste Management. The advantages the resident will receive by “single-sort” recycling include: • The single sort cart holds 3 times the amount of a recycle bin. • The single sort lid keeps materials dry and protected from wind and animals. • The single sort cart can be rolled, rather than carried, to the street. The advantages the City will receive by “single-sort” recycling include: • Reduced neighborhood truck traffic, thereby reducing wear and tear on City streets. • Reduced fuel consumption. Discussion Based on city council’s comments on April 28, 2003, Staff is proposing an alteration of the existing ordinance 603.06, subdivision 2b, paragraphs 1 and 2 to the following: 603.06 b. Additional Restrictions for Residential Haulers: In addition to the other requirements of this Chapter, haulers servicing residences, mobile home parks and multiple dwellings shall comply with the following: (1) Curbside recycling collection will be made available to all residential and multiple dwelling customers no later than July 1, 1990. Such service shall include weekly collection of all recyclable materials on the same day as garbage and rubbish collection for residences. A bi-weekly collection period for recyclable material is permissible, provided the hauler provides single –sort service and a collection container equal to or larger than the provided garbage container. (2) Collection of garbage and rubbish materials and recyclable materials will be provided on a weekly basis, but not necessarily on the same day, for multiple dwellings and mobile home parks. A bi-weekly collection period for recyclable material is permissible, provided the hauler provides single –sort service and a collection container equal to or larger than the provided garbage container. These alterations will not restrict weekly pick up of recyclable materials for many residents who may continue to separate their recyclables and use standard recycling bin. Recommendation: Staff recommends that the City Council ordain an amendment to the Mounds View City Code allowing recyclable materials to be collected on a bi-weekly basis provided the hauler provides single –sort service and a collection container equal to or larger than the provided garbage container. Respectfully Submitted, Tracy Juell, Public Works Administrative Assistant ORDINANCE NO. 713 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 603 OF THE MOUNDS VIEW CITY CODE, GARBAGE AND RUBBISH, SECTION 603.06, SUB 2, REQUIREMENTS AND RESTRICTIONS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Chapter 603, Garbage and Rubbish, Section 603.06, Scavengers, Subdivision 2b, Paragraphs (1) and (2) of the City of Mounds View Municipal Code is hereby amended to allow recyclable materials to be collected on a minimum of a bi-weekly basis, with the proposed additions underlined and the proposed deletions struck out, to read as follows: Section 603.06, Subd. 2 b. Additional Restrictions for Residential Haulers: In addition to the other requirements of this Chapter, haulers servicing residences, mobile home parks and multiple dwellings shall comply with the following: (1) Curbside recycling collection will be made available to all residential and multiple dwelling customers no later than July 1, 1990. Such service shall include weekly collection of all recyclable materials on the same day as garbage and rubbish collection for residences. A bi-weekly collection period for recyclable material is permissible, provided the hauler provides single –sort service and a collection container equal to or larger than the provided garbage container. (2) Collection of garbage and rubbish materials and recyclable materials will be provided on a weekly basis, but not necessarily on the same day, for multiple dwellings and mobile home parks. A bi-weekly collection period for recyclable material is permissible, provided the hauler provides single –sort service and a collection container equal to or larger than the provided garbage container. Ordinance 713 Page 2 SECTION 2. This ordinance becomes effective thirty (30) days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View this _____day of ___________, 2003. Read and passed by the City Council of the City of Mounds View this _____day of ___________, 2003. ____________________________________ Jerry Linke, Mayor ATTEST ____________________________________ James Ericson, Interim City Administrator (SEAL) APPROVED AS TO FORM: _________________________ Scott Riggs, City Attorney Item No. 9E Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Second Reading and Adoption of Ordinance No. 714, an Ordinance Amending Chapter 405 of the Mounds View City Code Pertaining to the Parks and Recreation Commission Meeting Date: May 12, 2003 Background Chapter 405 of the City Code pertains to operational aspects of the Parks and Recreation Commission. Discussion The Parks and Recreation Commission has reviewed this Chapter and have recommends some minor changes. Recommendation: Staff recommends that the City Council ordain an amendment to the Mounds View City Code making minor revisions to Chapter 405, which pertains to operational aspects of the a Parks and Recreation Commission. Respectfully Submitted, Greg Lee, Director of Public Works ORDINANCE NO. 714 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 405 OF THE MOUNDS VIEW CITY CODE PERTAINING TO THE PARKS AND RECREATION COMMISSION THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Chapter 405 of the City of Mounds View Municipal Code is hereby amended with the proposed additions underlined and the proposed deletions struck out, to read as follows: CHAPTER 405 PARKS AND RECREATION AND FORESTRY COMMISSION1 SECTION: 405.01: Commission Established; Purpose 405.02: Membership; Oath; Compensation 405.03: Terms and Vacancies 405.04: Conflicts of Interest 405.05: Removal from Office 405.06: Organization and Meetings 405.07: Powers and Duties 405.08: Budget and Finances 405.09: Rules and Regulations 405.01: COMMISSION ESTABLISHED; PURPOSE: There is hereby established a Parks and Recreation and Forestry Commission for the purpose of advising the Council on the operation of public recreation, parks, and playgrounds, pursuant to the authority of this Chapter. The Parks and Recreation and Forestry Commission is referred to herein as "the Commission". (1988 Code §34.01) 1 See Chapter 905 of this Code for parks, playgrounds and recreation. Ordinance 714 Page 2 405.02: MEMBERSHIP; OATH; COMPENSATION: Subd. 1. Appointment of Members: The Commission shall consist of seven (7) members appointed by the Mayor with the approval of the majority of the Council. Residents of Mounds View interested in serving on the Commission shall fill out an application. The Mayor, with approval of the City Council, shall appoint a chairperson at the first regular meeting of the Council in January. (1988 Code §34.02; Ord. 627, 2-8-99; Ord. 707, 1-25- 03) Subd. 2. Oath of Office: Every appointed member shall, before entering upon the discharge of their duties, take an oath that they will faithfully discharge the duties of their office. (1988 Code §34.03) Subd. 3. Compensation: Members of the Commission shall serve without compensation. (1988 Code §34.04) 405.03: TERMS AND VACANCIES: Subd. 1. Terms: Members of the Commission shall serve three (3) year staggered terms, with terms expiring December 31 of each year. In order to establish appropriate staggering of terms for the commission members, appointments to a term of less than three (3) years are permissible. Both original and successive appointees shall hold their offices until their successors are appointed and qualified. (Ord. 456, 2-27-89; Ord. 646, 1-10-00) Subd. 2. Vacancies: Vacancies during the term shall be filled by the Mayor with the approval of the majority of the Council for the unexpired portion of the term. (1988 Code §34.03) 405.04: CONFLICTS OF INTEREST: No member shall be personally interested in any contracts in which the Commission may enter. (1988 Code §34.03) 405.05: REMOVAL FROM OFFICE: Subd. 1. Removal for Just Cause: An appointed 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 City Council. Such member may be entitled to a public hearing before such vote is taken. Ordinance 714 Page 3 Subd. 2. Removal for Nonattendance: In addition, an appointed member may be removed by the City Council for nonattendance at Parks and Recreation Commission meetings if a Commission member does not attend (9) nine regularly scheduled meetings per year. Subd. 3. Vacancies Filled: It shall be the duty of the Chairman of the Commission to notify the City Council promptly of any vacancies occurring in membership. The Mayor, with approval of the City Council, shall fill such vacancies, for the unexpired term of the original appointment. (1988 Code §34.05) 405.06: ORGANIZATION AND MEETINGS: Subd. 1. Officers: The Commission shall select a Vice Chairman and Secretary. The Vice Chairman shall be selected from its membership and who shall serve for a terms of one (1) year. The Secretary may be selected from the Commission or City Staff. Subd. 2. Attorney and Engineer: The Municipal Attorney shall act as attorney for the Commission and the Director of Public Works/City Engineer shall act as its engineer. Subd. 3. Rules of Procedure: At its first meeting, the Commission shall adopt rules of procedure and elect the two (2) officers. It shall amend the rules, from time to time, as is necessary. (1988 Code §34.06) Subd 4. Meetings: The Commission shall establish regular meeting dates, but special meetings may be called by any officer of the Commission upon seven (7) three (3) days' notice to all members. The Commission shall hold meet at least twelve (12) regular meetings times in each calendar year. Subd. 5. Quorum: A majority of the appointed members shall constitute a quorum. (1988 Code §34.07) 405.07: POWERS AND DUTIES: In order to carry on the recreation provided herein, the duties of the Commission shall include: Subd. 1. Operation of City Parks and Playgrounds: Under the direction of the City Council, advise City staff to operate a program of public recreation and playgrounds upon property which is owned or otherwise made available to the Municipality for such public recreation purpose. Ordinance 714 Page 4 Subd. 2. Lease and Acquisition of Property: a. Recommend to the Council the leasing or acquisition of real or personal property for public recreational use as it deems desirable but shall not have the authority to acquire land or construct buildings in its own name. Any equipment or recreational facilities shall belong to the Municipality. b. Advise the Council of leasing real or personal property or both for public recreation use for periods of not longer than one (1) year. Subd. 3. Maintenance and Care of Public Recreation Property: Maintain and care for all property which it has acquired or and which has been assigned to it for public recreation purposes. Subd. 4. Inventories of Services: Make periodic inventories of recreation and park services which exist or may be needed and to interpret the needs of the public to the Council. Subd. 5. Cooperation with Other Agencies: Cooperate with other park and recreation departments, schools and private agencies for establishment of a joint powers agreement to provide parks and recreation services to the City residents. Subd. 6. Policies and Functions of Department: Interpret the policies and functions of the Park and Recreation Department to the public. Subd. 7. Capital Improvement Plans and Budgets: Advise the Council and administrator in the preparation of the annual budget and long range capital improvement programs. Subd. 8. Rules and Regulations: Formulate and prescribe reasonable rules and regulations for the use of the general public of any facilities in any park area. Subd. 9. Construction of Improvements: Advise the Council on maintaining and constructing roadways, paths, buildings, fountains, docks, boat houses, bath houses, refreshment booths, amusement halls Community Center, pavilions and other necessary structures and improvements in parks. The Commission may advise the Council on making contracts and leases for the construction and operation of these facilities for terms not exceeding ten (10) years. Every such contract and lease shall provide that the structure shall be operated for the public use and convenience, and that the charges shall be reasonable, and it shall reserve to the Commission power to prescribe reasonable rules and regulations, from time to time, for the conduct of the privilege. Ordinance 714 Page 5 Subd. 10. Communication: Communicate regularly with the City Council and Planning and Zoning Commission through joint meetings and meeting minutes. Subd. 11. Athletic Awareness: Be aware of the role and services provided by athletic organizations within the community. Subd. 12. Sanitation and Reforestation Programs: Advise the City Council regarding sanitation and reforestation programs within the City. Subd. 13. Other Duties: Do whatever other acts are reasonable, necessary and proper to carry out its prescribed powers and functions as set forth herein. (1988 Code §34.09) 405.08: BUDGET AND FINANCES: Subd. 1. Annual Presentation of Proposed Budget: The Commission, through the City Parks and Recreation Division epartment staff, should present, no later than August 1 of each year, a proposed budget, in such details as the Council shall require, of the financial needs for the ensuing fiscal year to operate and maintain the parks and open spaces, as well as provide ing recreation programs. Subd. 2. Fees and Charges: The Commission shall advise the Council to establish charges or fees for the restricted use of any facilities or to make any phase of the recreation program wholly or partially self-sustaining. (1988 Code §34.08) 405.09: RULES AND REGULATIONS: The Council may establish such rules and regulations for the administration of this Chapter as it may deem necessary and may delegate such rule-making authority to the Commission, and the Commission shall have power to make such rules and regulations pursuant to delegated authority as it deems necessary for the purpose of performing its duties as herein set forth. (1988 Code §34.10) SECTION 2. This ordinance becomes effective thirty (30) days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View this _____day of ___________, 2003. Ordinance 714 Page 6 Read and passed by the City Council of the City of Mounds View this _____day of ___________, 2003. ____________________________________ Jerry Linke, Mayor ATTEST ____________________________________ James Ericson, Interim City Administrator (SEAL) APPROVED AS TO FORM: _________________________ Scott Riggs, City Attorney Item No. 9G Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: 2004 Street Improvement Project Resolution No. 6010 Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for the 2004 Street Improvement Project Meeting Date: May 12, 2003 Background: At the May 5, 2003 Council Work Session, Council directed Staff to proceed with a street improvement project to be implemented during the 2004 construction season. The streets to be considered for this project are those contained in the south- west corner of the City. This area is bounded by County Road H2 to the north and Silver Lake Road to the east. Discussion: Preliminary Report - The first step in a public improvement process is the preparation of a preliminary engineering report. It is recommended that the preliminary report be ordered at this time to determine the need and feasibility, both physical and economic, of providing the necessary public improvements. Consultant Selection – There are several engineering consultants within the City’s “consultant pool” from whom services could be obtained. Council has previously selected the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) to assist in the 2003 Street Improvement Project. Staff has interviewed this firm and confirmed that they are ready and capable to implement a project of this nature and serve the City’s needs. Staff recommends that the Council retain the services of the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) to assist in the preparation of the preliminary engineering report and other aspects of this project, as directed by City Council. Recommendation: It is recommended the City Council adopt a resolution authorizing the preparation of a preliminary feasibility report and the selection of a consultant for the 2004 Street Improvement Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6010 AUTHORIZING THE PREPARATION OF A PRELIMINARY FEASIBILITY REPORT AND CONSULTANT SELECTION FOR THE 2004 STREET IMPROVEMENT PROJECT CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, on May 5, 2003 at a Council Work Session, City Council expressed a desire to initiate a street improvement project for the 2004 construction season; and WHEREAS, the streets to be considered for this project are those contained in the south-west corner of the City; the area bounded by County Road H2 to the north and Silver Lake Road to the east; and WHEREAS, there are several engineering consultants within the City’s “consultant pool” from whom services could be obtained; and WHEREAS, Staff recommends that the Council retain the services the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) to assist in the preparation of the preliminary engineering report and other aspects of this project, as directed by City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. It is hereby authorized that the preliminary report for the 2004 Street Improvement Project be prepared. Said preliminary report shall include an analysis as to whether the proposed improvements are necessary, cost effective and feasible. 2. The services of the engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) shall be retained to assist in the preparation of the preliminary engineering report and other aspects of this project, as directed by City Council. Adopted this 12th day of May 2003. ______________________________ Jerry Linke, Mayor (ATTEST) _______________________________ James Ericson Interim City Clerk/Administrator (SEAL) Item No:9I Meeting Date: May 12, 2003 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mike Sommer, Police Chief Item Title/Subject: Approval to Proceed with the Department of Justice Universal Hiring Grant Program for Two New Police Officers Date of Report: May 12, 2003 Background: The U.S. Department of Justice is offering a funding opportunity through the Community Oriented Policing Services (COPS) office. This grant program, called the Universal Hiring Program (UHP), is to subsidize the hiring of new police officers nationwide. If successful in receiving a grant under this program, Mounds View would receive an award of $75,000 for each officer allocated. The $75,000 will be dispersed over a three-year period, and is to help subsidize the wages of newly hired police officers. A minimum 25% local cash match on the part of agencies receiving an award is required. Communities, which are successful in receiving a UHP Grant must also commit, in writing, to retaining any COPS-funded officer positions for at least one full local budget cycle after federal funding has ceased. Discussion: Pursuit of a similar grant opportunity was attempted in the year 2000, but was unsuccessful. The process for receiving an award under the UHP is a competitive one, and the needs of the community are assessed in determining award allocations. It has long been the goal of the Mounds View Police Department to reach a staffing level that would allow a minimum of two police officers to be on duty 24 hours a day, 7-day a week, under most circumstances. The MVPD still short of that goal, and typically there is a two to four hour period each and every day of the week where there is only one officer on patrol. It is not unusual for this number to drop to zero whenever that single officer needs to accompany an EMS team to the hospital on an emergency medical run, or book a prisoner into the St. Paul jail when an arrest situation arises. Having one officer on duty also poses significant safety risks when responding to calls where recommended training protocols strongly suggest a minimum of two officers. The addition of two additional patrol officers would allow two-officer coverage in nearly all instances, even during the school year when we have one officer assigned full time as a School Resource Officer at Edgewood Middle School. The deadline for the grant application is June 6, 2003. Recommendation: Staff recommends council approval to submit a grant application requesting funding under the COPS Universal Hiring Program for two additional police officers. _______________________ Respectfully submitted by Mike Sommer, Police Chief RESOLUTION 6011 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING APPROVAL TO PROCEED WITH A GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE UNIVERSAL HIRING PROGRAM FOR TWO NEW POLICE OFFICERS WHEREAS, the Department of Justice is offering grants through its Community Oriented Policing Services (COPS) Office, called the Universal Hiring Program (UHP); and, WHEREAS, the process for obtaining an award under this program is a competitive one, based on need; and, WHEREAS, the UHP will allow for a total maximum of a $75,000 award spread over a three year period, with a 25% local cash match, to subsidize the wages of new hires under this program, so long as communities commit to retaining the new position(s) for one complete budget cycle beyond the end of the funding period; and, WHEREAS, the Mounds View Police Department has had, as an objective, the ability to provide two officer coverage 24/7 under most circumstances; and, WHEREAS, if successful in obtaining two addition officers under the UHP, the Mounds View Police Department would attain said objective; and, WHEREAS, the deadline for the grant application is June 6, 2003. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize staff to proceed with a grant application to the Department of Justice Universal Hiring Grant program, requesting an award for two new Police Officers. Adopted this 12th day of May, 2003. _______________________________ Jerry Linke, Mayor ATTEST _______________________________ James Ericson, Acting City Clerk / Administrator (SEAL) PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 April 28, 2003 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 16 17 4. APPROVAL OF AGENDA 18 19 A. Monday, April 28, 2003 City Council Agenda. 20 21 MOTION/SECOND: Marty/Gunn. To Approve the Monday, April 28, 2003 Agenda as 22 Presented. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 5. PUBLIC INPUT 27 28 Connie Merchant, a resident of Wildwood Manor, asked if the road would be changed. 29 30 Mayor Linke indicated he was not aware of any change to the roads. 31 32 Interim City Administrator Ericson indicated the realignment of Long Lake Road is not proposed 33 at this time. 34 35 6. SPECIAL ORDER OF BUSINESS 36 37 None. 38 39 7. JUST AND CORRECT CLAIMS 40 41 A. Just and Correct Claims 42 43 Mounds View City Council April 28, 2003 Regular Meeting Page 2 Finance Director Hansen informed Council the outstanding MCI issues had been resolved and 1 then asked for approval to seek quotes for other long distance service as Staff feels that better 2 rates are available. 3 4 Council Member Quick asked what rate the City is paying. 5 6 Finance Director Hansen indicated the rate is approximately 14 cents per minute which is not 7 what it ends up to be after figuring in all the extra charges. 8 9 Council Member Marty indicated that he supports the recommendation to research better rates. 10 11 Council Member Stigney recommended researching rates on the Internet. 12 13 MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 8. CONSENT AGENDA 18 19 A. Licenses for Approval 20 B. Resolution 5981, Appointing an Alternate Mounds View Representative to the 21 North Suburban Communications Commission 22 C. Resolution 6000, Approving Agreement for Professional Services for Golf 23 Lessons with Steve Manthis 24 D. Resolution 5994, Approving a Longevity Step Adjustment for Michael Kampa, 25 Patrol Officer 26 E. Resolution 5998, Approving a Step Adjustment for Kirk Leitch, Patrol Officer 27 F. Resolution 6003, Approving a Cigarette and Tobacco License for View Market, 28 2410 County Road I 29 G. Resolution 6006 Authorizing Additional Compensation for Payroll/Utility Billing 30 Technician Debbie Jasper for Working Outside of Job Classification 31 H. Resolution 5999, Approval of Camcorder Purchase for Cable Department 32 33 Council Member Stigney requested that Item H be removed for discussion. 34 35 MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items A – G as Presented. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 Council Member Stigney asked whether Staff had researched to determine whether the 40 camcorder found at the golf course works. 41 42 Mr. Gambell indicated that he would need to locate a power cord to determine whether or not the 43 camcorder works. 44 45 Mounds View City Council April 28, 2003 Regular Meeting Page 3 Council Member Stigney recommended taking it to a local repair shop and asking them to 1 determine whether it works before the City pays for a new camera. He then said that he would 2 prefer to purchase it on the Internet rather than from a local company and pay more. 3 4 Mr. Gambel indicated he had spoken with the Interim City Administrator concerning the matter 5 and he had indicated a preference for using a local vendor to ensure ease with any types of 6 service issues rather than having to mail the camera somewhere to be serviced. 7 8 Council Member Stigney indicated that the camcorder comes with a manufacturers warranty and 9 he feels it would be prudent to go with the cheapest one. 10 11 Mr. Gambel indicated he believes it to be preferable to go through a local vendor for a high 12 priced item to save shipping charges and insurance costs. 13 14 Council Member Marty commented that some of the Internet vendors have a poor customer 15 service rating. He then said he said he spoke to Mr. Gambel earlier about the optional power 16 supply and asked whether the power supply was part of the purchase. 17 18 Mr. Gambel indicated it would be good to have a power supply but there is not an immediate 19 need and he would prefer to shop around before purchasing the power supply. 20 21 Mayor Linke read Resolution 5999. He then indicated that the funds are from the franchise fee 22 that is paid for by residents when they pay their cable bill. 23 24 Council Member Stigney commented that there are some Internet vendors that have a poor 25 customer service rating but the one with the cheapest price has a very good rating. He then said 26 his recommendation would be to purchase the cheapest. 27 28 Mr. Gambel indicated that he asked the local vendor whether they could match the Internet price 29 and they were not able to do so. He then said that his recommendation would be to go with the 30 local vendor and noted that CTV uses this dealer. 31 32 MOTION/SECOND: Marty/Quick. To Approve Resolution 5999, a Resolution Approving the 33 Purchase of a Camcorder for the Cable Department. 34 35 Council Member Marty indicated the local vendor’s price is $5,269.00 and the Internet vendor’s 36 price is $5,055 and he does not feel the $200.00 savings is worth the hassle of having to deal 37 with long distance service. 38 39 Council Member Stigney indicated he does not think it would be prudent to throw away $200.00. 40 41 Ayes – 4 Nays – 1(Stigney) Motion carried. 42 43 Mounds View City Council April 28, 2003 Regular Meeting Page 4 9. COUNCIL BUSINESS 1 2 A. Public Hearing, Introduction and First Reading of Ordinance 711, an 3 Ordinance Amending the Mounds View Zoning Code Pertaining to 4 Pawnshops. 5 6 Mayor Linke opened the public hearing at 7:20 p.m. 7 8 Interim City Administrator Ericson indicated this item was on the agenda as the Planning 9 Commission had planned to have a recommendation for Council approval. He then indicated 10 that the Planning Commission needed another meeting to discuss and make its recommendation 11 and asked that the public hearing be continued to the May 12, 2003 Council meeting. 12 13 MOTION/SECOND: Gunn/Stigney. To Continue the Public Hearing to May 12, 2003. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 B. Public Hearing and Discussion of Resolution 5997, a Resolution to Consider 18 an Amendment to the Planned Unit Development Associated with the 19 Property Located at 2442 County Highway 10. 20 21 Interim City Administrator Ericson indicated that this matter is a request to change the allowed 22 use for the property located at 2442 County Highway 10. He then indicated that the original 23 PUD guided the property for a sit down restaurant and the owner has had difficulty marketing the 24 property for that use and has asked the City to amend the PUD to allow for an office building. 25 26 Interim City Administrator Ericson indicated the Planning Commission recommended approval 27 of an amendment to the PUD to allow for an office building at this site. 28 29 Mayor Linke opened the public hearing at 7:23 p.m. 30 31 Mayor Linke asked that Resolution 5997 be read. 32 33 Interim City Administrator Ericson read Resolution 5997. 34 35 Council Member Quick asked for a status on the discussions between the theatre and the property 36 owner for additional parking space. 37 38 Interim City Administrator Ericson indicated that they are in negotiations for that right now and 39 he is optimistic that they will have something worked out soon. He then clarified that the 40 negotiations had been stalled but seem to be progressing at this time. 41 42 Council Member Quick asked if there were issues with parking this winter. He then said that he 43 noticed the theatre using parking stalls for snow storage. 44 45 Mounds View City Council April 28, 2003 Regular Meeting Page 5 Interim City Administrator Ericson indicated he was not notified and clarified that he had made it 1 very clear to residents that they needed to call him with any parking issues and he was not called. 2 3 Council Member Quick indicated he would like to make a motion to table this approval until the 4 parking situation is resolved. 5 6 Interim City Administrator Ericson said he appreciated the concern and said it is a good idea and 7 may be a way to get the parking situation resolved more quickly he does not think it would be 8 fair to hold Landcor over a barrel on their approval because of an unrelated situation that they 9 have no control over. He then said that something does need to be done with regard to the 10 parking but he does not think that holding up development would be prudent. 11 12 Mayor Linke closed the public hearing at 7:31 p.m. 13 14 Council Member Stigney indicated he agreed with Council Member Quick and further 15 commented that he has no interest in amending the PUD as the original intent was for a sit down 16 restaurant and that is what he would like to see there. He further commented that the request 17 sounds innocent enough but once the amendment is made they will approach the City for a drive 18 through type of restaurant along with the office building and he has no interest in any more drive 19 through restaurants. 20 21 Council Member Marty indicated he felt the City had enough drive through restaurants and fast 22 food. He then said that it would be nice to have a medical office building that possibly housed an 23 urgent care facility. He further commented that he is not sure the need for the office building is 24 there because the first one sat vacant for a number of years. 25 26 Mayor Linke commented that the City, as part of the PUD, could make it a medical office 27 building. 28 29 Council Member Quick indicated he would like a plan for who would be in the building. 30 31 Council Member Stigney said his concern is that they want to move in a fast food restaurant at 32 the same time. 33 34 Council Member Marty commented that Mr. Backman does a great job and asked if he could 35 work with the developer to market the building for medical uses. 36 37 MOTION/SECOND: Quick/Marty. To Table Approval of Resolution 5997. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 Mayor Linke asked Staff to watch the 60-day time frame and make sure the matter comes to 42 Council before the expiration of the 60 days and to let the developer know why the matter was 43 tabled. 44 45 Mounds View City Council April 28, 2003 Regular Meeting Page 6 C. Public Works Department Quarterly Report 1 2 Mayor Linke thanked Staff for the informative report. 3 4 Public Works Director Lee indicated the report was lengthy and then highlighted the current 5 projects for Council. 6 7 Council Member Marty asked whether SEH has requested the reimbursement for MSA funds and 8 asked for a status. 9 10 Public Works Director Lee indicated that he and the Finance Director discussed the matter and 11 Mr. Hansen has put together a report for SEH to make sure that they seek the proper 12 reimbursement. 13 14 Council Member Marty asked if it was possible to hold off on payments and stop sending work 15 to SEH until the payments are made. 16 17 Council Member Quick asked when it would be time to discuss the next street project. 18 19 Public Works Director Lee indicated that Staff intended to have a long range plan put together by 20 August for discussion. 21 22 Council Member Quick indicated that Staff should look into the streets plan for 2004 now 23 because of the timing involved. 24 25 Council asked that 2004 streets project be added to the May 5, 2003 work session. 26 27 D. Finance Quarterly Report 28 29 Finance Director Hansen indicated most of his report was routine and then went through some 30 highlights for Council. He then indicated that the City ended up with a surplus of $1,047,000 31 rather than the projected $789,000. 32 33 Finance Director Hansen indicated the factors leading to the surplus were that revenues were 34 over budget by $250,000 and expenditures were under budget by $800,000 which stems from 35 staff vacancies and other budget cutting that was done to save funds. 36 37 Council Member Marty indicated he thought there were two open police positions not three as 38 stated in the report. 39 40 Finance Director Hansen explained that in 2001 Council created two additional positions that 41 were to be funded by a COPS grant and when the grant did not come through they were not 42 hired. He then explained that the City was without a Finance Director and during the preparation 43 of the 2002 budget those positions remained in the budget and a third position was added because 44 Mounds View City Council April 28, 2003 Regular Meeting Page 7 Council did not realize that the two positions were still in the budget. He further commented that 1 the Police Chief’s position remained open for all of 2002. 2 3 Council Member Marty asked whether it would be prudent to begin making a quarterly 4 contribution, rather than yearly, to the Community Center to avoid deficit amounts. 5 6 Finance Director Hansen indicated it was possible but said that Council approves transfers and he 7 usually brings them at year-end for approval. 8 9 MOTION/SECOND: Marty/Gunn. To Direct the Finance Director to Make Quarterly 10 Installments to the Community Center and Bring the Transfers to Council for Approval at Year 11 End. 12 13 Mayor Linke indicated he would like to discuss the matter at a work session. 14 15 The Motion and Second were withdrawn. 16 17 Mayor Linke noted that the school system is leaving the Community Center and asked whether 18 there had been any other talks with the County on the use of that space. 19 20 Interim City Administrator Ericson indicated he had spoken with the property manager for the 21 County and the Judge who was overseeing the district court system and they are not looking to 22 relocate the court facility at this time but may be looking to hold court in various locations on a 23 temporary basis. 24 25 Mayor Linke indicated he disapproved of moving to St. Paul as it is inconvenient for residents to 26 have to go down there and find a place to park. He then said that this battle was fought 15 years 27 ago and there were six locations and now there is one left that they want to move downtown. 28 29 Council Member Gunn asked for an explanation on the Real Life Cooperative. 30 31 Finance Director Hansen indicated that Ramsey County provides administrative services for the 32 City and the County bills the City for its time. He then noted that the Real Life Housing 33 Cooperative was counted as one parcel in 2002 and in 2003 the County is counting each unit as a 34 parcel increasing the fee from $370.00 to $1,160.00. He further commented that he is concerned 35 that the City will see more trickle down effects of cuts from other agencies as they are trying to 36 deal with their budget shortfalls. 37 38 Mayor Linke thanked the accounting Staff for the outstanding work they are doing for the City. 39 40 E. Introduction and First Reading of Ordinance 713, an Ordinance Amending 41 Chapter 603 of the Mounds View Municipal Code Pertaining to Garbage and 42 Rubbish. 43 44 Mounds View City Council April 28, 2003 Regular Meeting Page 8 Public Works Director Lee indicated that Staff was approached by Waste Management with a 1 proposal to change the recycling program. He then said that rather than picking up recycling 2 every week this would be every other week and residents would not have to sort the recycling. 3 He further commented that this would require an amendment to City Code because currently 4 haulers are required to pick up recycling weekly. 5 6 Council Member Gunn expressed concern that other haulers could go to every other week pick 7 up and not offer single sort and the larger container. 8 9 Interim City Administrator Ericson indicated the change to the Code opens up that possibility. 10 11 Mayor Linke suggested amending the language to require that single sort with the larger 12 container be required for every other week pick up otherwise it must be picked up weekly. 13 14 Council Member Stigney indicated he prefers his small recycling bin and does not like that one 15 hauler has struck out on its own to make this change and would have preferred that they work 16 with the other haulers and do this all together. 17 18 Council Member Quick asked how the recycling is sorted. 19 20 Public Works Director Lee indicated he was not sure but it is brought to the transfer station and 21 that is where it is sorted. 22 23 Council Member Marty indicated he likes the idea of fewer trucks on the City’s streets. He then 24 said he would like Staff to look into a proposal from July of 1999 to limit garbage pick up to two 25 days a week as the trucks are noisy and it would be nicer for those residents that do work nights 26 and sleep days to have pickup limited to two days per week rather than allowing it all week. 27 28 MOTION/SECOND: Gunn/Linke. To Waive the Reading, Introduce the First Reading and 29 Approve Ordinance 713, an Ordinance Amending Chapter 603 of the Mounds View Municipal 30 Code Pertaining to Garbage and Rubbish. 31 32 Council Member Marty indicated he would like to see more information before making this 33 change. 34 35 Council Member Stigney indicated he did not like Waste Management moving ahead on its own 36 as he feels this is an issue that should have been addressed by the haulers as a group. 37 38 Ayes – 3 Nays – 2 (Stigney/Marty) Motion carried. 39 40 F. Introduction and First Reading of Ordinance 714, an Ordinance Amending 41 Chapter 405 of the Mounds View Municipal Code Pertaining to the Parks 42 and Recreation Commission. 43 44 Mounds View City Council April 28, 2003 Regular Meeting Page 9 MOTION/SECOND: Marty/Quick. To Waive the Reading, Introduce the First Reading and 1 Approve Ordinance 714, an Ordinance Amending Chapter 405 of the Mounds View Municipal 2 Code Pertaining to the Parks and Recreation Commission. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 G. Consideration of Resolution 6005, a Resolution Approving a Settlement 7 Agreement with the Attorney General’s Office Regarding the Office of the 8 State Auditor (OSA) Notice of Noncompliance. 9 10 Interim City Administrator Ericson indicated that negotiations on the matter have led to a letter 11 from the Attorney General’s Office concerning an agreement on the settlement of this matter. He 12 then said that the Resolution attached states that the City at no time intended to willfully 13 disregard the TIF statutes and there is no recognition of blame or wrongdoing on behalf of the 14 City. He further commented that the penalty for failure to identify parcels is that in the future, 15 the City will identify them and will not be allowed to form any new TIF districts for three 16 months. 17 18 Council Member Marty commented that this leaves the City with egg on its face for not finding 19 the letters. 20 21 Interim City Administrator Ericson indicated he does not take that position because the school 22 and the County were notified and the fact that the record keeping of the City meant that the 23 letters could not be produced does not constitute proof of wrongdoing. He further commented 24 that minutes from meetings during that time indicate that the letters were sent. 25 26 Mayor Linke read Resolution 6005. 27 28 Council Member Quick commented that it is ludicrous what they are saying because he was at 29 the meeting were the County and the School District were invited as interested parties concerning 30 the TIF districts and it is unfortunate that those letters could not be produced to completely 31 vindicate the City. 32 33 MOTION/SECOND: Stigney/Marty. To Waive the Reading of the Settlement Agreement and 34 Approve Resolution 6005, a Resolution Approving a Settlement Agreement with the Attorney 35 General’s Office Regarding the Office of the State Auditor (OSA) Notice of Noncompliance. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 H. Consideration of Resolution 6002, a Resolution Approving a Zero-Lot Line 40 Minor Subdivision Request for 7656 Silver Lake Road. 41 42 Interim City Administrator Ericson indicated this is a request to further subdivide a lot 43 subdivided last year to allow for a twin home located on one side of the two lots to be sold 44 individually. This would allow for owner occupied units on either side. He then indicated that 45 Mounds View City Council April 28, 2003 Regular Meeting Page 10 the Planning Commission recommended approval of this Resolution with contingencies that 1 there be deed restrictions governing what happens when, or if, one half of the structure is 2 destroyed and how that will be rebuilt as well as a survey correction that needs to be made. 3 4 MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 6002, a 5 Resolution Approving a Zero-Lot Line Minor Subdivision Request for 7656 Silver Lake Road. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 I. Fire Department Contract Renewal Discussion 10 11 Interim City Administrator Ericson indicated he had attended a meeting with the Fire Department 12 and Administrative Committee Representatives from Blaine and Spring Lake Park concerning 13 the contract renewal. He then said that there is a memorandum of understanding that would 14 allow continuance of the contract for another 10 years unless the City has a desire to renegotiate 15 the contract. He further commented that the City must put its desire to renegotiate in writing to 16 the other cities if that is the desire. 17 18 Council Member Stigney indicated he feels this is the time to rethink the formula being used for 19 calculating how the City pays for fire protection. He then said he has concerns with the language 20 allowing a salary to be paid to appointed directors to attend the meetings. 21 22 Interim City Administrator Ericson indicated that Chief Zikmund was not able to be at this 23 meeting due to another obligation and recommended tabling discussion of the contract until a 24 time when the Chief can be present. 25 26 Council asked that the fire services contract be moved to the work session for discussion and 27 asked that Staff invite Chief Zikmund. 28 29 10. REPORTS 30 31 Council Member Gunn thanked the Lions and the boy scouts for their work cleaning up the trash 32 along County Highway 10. 33 34 Mayor Linke indicated the Lions held their spring party and had 310 children plus adults and 35 gave away 12 bicycles. He then said the event was a success but there were fewer attendees than 36 the previous year. 37 38 1. Lions Bus 39 40 Finance Director Hansen indicated that the Lions had given the City a bus about 12 years ago and 41 he would like to discuss whether the City wants to continue to operate and insure the bus as it is 42 quite costly to do so. He then commented that he had done some research and it was used 43 relatively few times during 2002 and he would like Council discuss whether it is cost effective to 44 continue to insure the vehicle. 45 Mounds View City Council April 28, 2003 Regular Meeting Page 11 1 Council Member Marty commented that it is a nice amenity but the limited use does not seem to 2 justify the cost during these tight budget times. 3 4 Mayor Linke indicated the bus was used to meet the ADA requirements when the City had it 5 sown Park and Recreation department. He then asked Staff to ask the YMCA if they could use 6 the bus and, if not, how they intended to fulfill the ADA requirements. 7 8 Council Member Quick asked whether the City could use the van if the City had its own Park 9 and Recreation department. 10 11 Mayor Linke indicated that was when the van was used the most. 12 13 Council asked that the matter be discussed at the next work session. 14 15 2. Legal Services RFP Responses 16 17 Interim City Administrator Ericson indicated that he had received 12 responses from first 18 interested in providing the City’s legal services. He then indicated that the management team 19 would review the proposals and bring a recommendation to Council for consideration. He also 20 asked if any members of Council wished to be part of the meeting where the proposals were 21 discussed. 22 23 Interim City Administrator Ericson indicated he had received a request from the Mounds View 24 Community Theatre to be allowed to use the copier. He then explained that, in the past, the City 25 has supported the Community Theatre by allowing use of the postage machine and copier but in 26 light of the budget situation the Theatre is asking for just the use of the copier and they will bring 27 their own paper. 28 29 City Attorney Riggs indicated there is a statutory authority for dealing with organizations with 30 this type of request and there is a cap on the amount. He then said he would review the statute 31 and provide the information to Council. 32 33 Council discussed whether the City could allow the Mounds View Community Theatre to use the 34 copier but not other organizations. 35 36 Council Member Gunn asked if there is a per copy charge on the lease for the copier. 37 38 Finance Director Hansen indicated the machines have a per copy charge of .7 cents per copy 39 which is very low. 40 41 MOTION/SECOND: Quick/Gunn. To Direct Staff to Draft a Policy for Use of the Copy 42 Machine by Other Organizations. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council April 28, 2003 Regular Meeting Page 12 1 Interim City Administrator Ericson indicated he had spoken with Matt Colton and 21 2 applications have been received for the City Administrator’s position. He then indicated that he 3 needed to add discussion of a City Planner to the May 5, 2003 work session agenda as the 4 temporary planner has received a full time job offer and will be leaving the City this week. 5 6 3. Clarification of Council Request for Traffic Data 7 8 Chief Sommer indicated that he has applied for a grant through the National Center for Missing 9 and Exploited Children for the purchase of a photo quality printer/scanner to assist the police 10 department with sending photographs when necessary. 11 12 Chief Sommer indicated that he has applied for a grant to cover training of the school resource 13 officer through the Office of Juvenile Justice and Delinquency Prevention. 14 15 Chief Sommer indicated that there is a grant available for overtime spent on homeland security 16 and community oriented policing up to $25,000 that requires a 25% match from the City with a 17 deadline of June. 18 19 Chief Sommer indicated there is also a grant available for an entry-level salary for a police 20 officer that requires a 25% match from the City. 21 22 Chief Sommer thanked the VFW for maintaining the POW and American flag as they recently 23 donated a new one. 24 25 Chief Sommer asked for clarification on the request for reporting on moving violations and 26 indicated that Staff appreciates the importance of such issues and intends to be responsive to 27 them. 28 29 Council Member Quick indicated that he would like to receive a monthly report. 30 31 Council Member Stigney indicated he had no issue with the quarterly report and noted that he 32 does not think excess Staff time for a monthly report was necessary. 33 34 Council Member Marty suggested receiving the monthly report for a period of time and then 35 evaluating whether it is necessary to continue receiving it monthly or if quarterly is adequate. 36 37 Council Member Stigney indicated that Chief Sommer should keep track of how much time this 38 takes and how many calls he is getting from Council. He then said that he feels Council is going 39 overboard on this by asking for monthly reports. 40 41 C. Report of Attorney 42 43 Council asked that the memorandum from the attorney be discussed at the May 5, 2003 work 44 session. 45 Mounds View City Council April 28, 2003 Regular Meeting Page 13 1 Council Member Stigney indicated he had spoken to the attorney prior to the meeting and asked 2 for some follow up clarification from the attorney that the attorney agreed to provide. 3 4 Council Member Quick indicated a resident asked him if the City has the obligation to defend an 5 employee on a criminal charge. 6 7 City Attorney Riggs indicated that it would depend upon the situation and the circumstances. He 8 then said that the League of Minnesota Cities would be involved in that type of matter. 9 10 Council Member Quick asked whether the City would have to pay if it was determined that the 11 employee did something wrong that was criminal. 12 13 City Attorney Riggs indicated if the actions were illegal, either negligence or gross negligence 14 and absolutely criminal arguably there would be no obligation to defend. He then said that the 15 question is difficult to answer without having all the facts. 16 17 11. APPROVAL OF MINUTES 18 19 A. City Council Minutes April 14, 2003 20 21 Council Member Marty requested the following change: On Page 2, Line 26, add Doris 22 Heilman. 23 24 MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes of April 14, 2003, 25 as Amended. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 Council Member Marty asked whether any of the other City vehicles could be eliminated to 30 eliminate the need to insure them. 31 32 Finance Director Hansen indicated that Staff has not had time for review and had brought the bus 33 to the attention of Council as it is very expensive compared to the policies on the other City 34 vehicles. He then said he is not worried about the insurance on the other vehicles as the cost is 35 minimal and Staff will make a recommendation on which vehicles to eliminate as soon as time 36 permits. 37 38 Finance Director Hansen indicated he had received an email from Spring Lake Park indicating 39 that they are closing the beach at Lakeside Park for 2003 as a money saving measure. 40 41 Mayor Linke indicated that the City would need to look at the agreement because he does not 42 think that Spring Lake Park can unilaterally close the beach. 43 44 Mounds View City Council April 28, 2003 Regular Meeting Page 14 Council Member Quick asked how Council would feel about approaching the Lions for help with 1 funding or adopting Lakeside Park. 2 3 MOTION/SECOND: Quick/Gunn. To Direct Staff to Contact the Lions to Ask Whether they 4 Would Like to Adopt Lakeside Park. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 Mayor Linke indicated that he and Chief Sommer would be attending a homeland security 9 meeting on April 29, 2003 at 7:00 p.m. in Roseville. 10 11 12. Next Council Work Session: Monday, May 5, 2003 12 Next Council Meeting: Monday, May 12, 2003 13 14 13. ADJOURNMENT 15 16 Mayor Linke adjourned the meeting at 9:10 p.m. 17 18 19 Transcribed and recorded by: 20 21 22 Joan Lenzmeier 23 Timesaver Off Site Secretarial, Inc. 24