HomeMy WebLinkAboutAgenda Packets - 2003/05/27CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
Tuesday, May 27, 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
A. Proclamation – Spring Lake Park 50th Anniversary
7. A. JUST AND CORRECT CLAIMS
B. AUTHORIZATION FOR EXPENDITURES
1. Electrical Maintenance
– Community Center Building and Flag Lights
– Lambert Hockey Rink Lights
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 6017 Electing to Retain the Statutory Tort Limit on Liability for the 2003/2004
Insurance Policies.
C. Set a Public Hearing for 7:05 PM, Monday, June 9, 2003 to Consider a Variance Denial Appeal
Requested by Violet Woods, 7622/7624 Woodlawn Drive (No report)
D. Resolution 6018 Contract with Lynk Systems for credit card processing.
E. Resolution No. 6019 Approving a Contract Award for the Annual Sanitary Sewer Root
Abatement Project
9. COUNCIL BUSINESS
A. YMCA Quarterly Report and Update (verbal report)
B. 7:05 PM – Public Hearing and Consideration of Resolution 6016, a Resolution Pertaining to an
Oversized Garage at 7988 Edgewood Drive; Planning Case No. CU03-002
C. Second Reading and Adoption of Ordinance 715, an Ordinance Amending Title 1000 of the
Mounds View Municipal Code Entitled Building and Development Regulations ROLL CALL
VOTE
D. Resolution 6020 Amending the 2003 Budget for Lakeside Park
E. Resolution 6021 Adopting a Policy for the Support of Non-profit Groups
City Council Meeting
Tuesday, May 27, 2003
Page 2
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, May 12, 2003
12. Next Council Work Session: June 2, 2003
Next Council Meeting: June 9, 2003
13. ADJOURNMENT
CITY OF MOUNDS VIEW
OFFICE OF THE MAYOR
P R O C L A M A T I O N
WHEREAS, the City of Spring Lake Park was incorporated on December
31, 1953; and,
WHEREAS, 2003 is the year of Spring Lake Park’s 50th Anniversary;
and,
WHEREAS, the City of Spring Lake Park and the City of Mounds View
have participated in cooperative activities, events and ventures such as
Lakeside Lions Park over many years; and,
WHEREAS, the City of Mounds View and the City of Spring Lake Park
jointly use the services of the Spring Lake Park-Blaine-Mounds View Fire
Department; and,
WHEREAS, the City of Spring Lake Park and the City of Mounds View
both value their strong sense of community, their heritage, dedicated leaders
and citizenry.
NOW, THEREFORE, BE IT RESOLVED that, I, Mayor Jerry Linke, and
the City Council of the City of Mounds View and its residents congratulates the
City of Spring Lake Park and its residents on the 50th Anniversary of its
incorporation and pay tribute to their past and dedication to their future.
Given under my hand and Seal of the City of Mounds View, this 27th of May,
2003.
Jerry Linke, Mayor
(SEAL)
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 27, 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.
B & B Sheet Metal & Roofing – General (Commercial) - New
Czars of Tar – Asphalt - Renewal
Muellner Blacktop Co., Inc. – Asphalt - New
Newman Mechanical – HVAC – New
Roof Company NA, Inc. – General (Commercial) – New
Staff Recommendation: Approve license applications as requested.
Item No. 8B
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: Charles Hansen, Finance Director
Item Title/Subject: Resolution 6017 Electing to Retain the Statutory
Tort Limit on Liability for the 2003/2004 Insurance
Policies
Date of Meeting: May 27, 2003
Minnesota Statutes 466.04 provides a limit on municipal tort liability claims of
$300,000 per person and $1,000,000 per incident. Cities have the option of
waving this limit if they purchase insurance policies with larger maximum
coverage. There is no reason why the City of Mounds View should waive the
statutory limit on tort liability.
Cities obtaining liability coverage from the League of Minnesota Cities Insurance
Trust must decide whether or not to waive the statutory tort limit. The decision
must be made by the City Council before the effective date of the coverage. The
attached resolution declares that the City of Mounds View does not waive the
statutory limit on tort liability.
Respectfully Submitted,
Charles Hansen
RESOLUTION NO. 6017
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ELECTING TO RETAIN THE STATUTORY TORT LIMIT ON LIABILITY FOR
THE 2003/2004 INSURANCE POLICIES
WHEREAS, the City of Mounds View is currently making application for insurance
policies to cover the period of July 1, 2003 through June 30, 2004; and
WHEREAS, Minnesota Statutes 466.04 require that the City Council elect to not
waive the monetary limits on municipal tort liability prior to the effective date of the
coverage; and
WHEREAS, Waiving the statutory tort limit on liability claims is not in the best
interest of the City of Mounds View.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mounds View that the statutory tort limit on municipal tort liability is not waived.
Adopted this 27th day of May 2003.
Jerry Linke, Mayor
ATTEST:
James Ericson, Interim City Administrator
(SEAL)
Item No. 8E
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. 6019 Approving a Contract Award
for the Annual Sanitary Sewer Root Abatement
Project
Meeting Date: May 27, 2003
Background:
Annually, the City budgets funds to finance root removal in the City‘s sanitary
sewer system. This program was started a few years ago to address problem
areas where roots have grown into the sewer pipes and significantly reduced
their capacity.
Discussion:
This year’s program will include sanitary sewer mains located under the following
roadways:
ROADWAY FROM TO LENGTH
Knoll Drive Hillview Drive Lois Drive (w/ Lois Dr.)
Hillview Drive Knoll Drive Jackson Drive (w/ Lois Dr.)
Lois Drive Jackson Drive end 2745’
Oakwoood Drive Jackson Drive Quincy Street 1325’
Terrace Drive Jackson Drive Quincy Street 1180’
Pinewood Drive Jackson Drive Quincy Street 1290’
St. Stephen Street Co. Rd. 10 Bronson Drive 1223’
Jackson Drive Bronson Drive 335’ south 335’
Adams Street Bronson Drive Erickson Road (w/ Erickson)
Erickson Road Adams Street 500’ north 865’
Lambert Avenue Quincy Street 545’ west 545’
Clifton Drive Co. Rd. H2 Bronson Drive 1255’
Raymond Avenue Co. Rd. H2 Bronson Drive 1240’
TOTAL 12,593 feet
The City physically removes the roots by sawing them with a special circular saw.
Bids are then received and a contractor is hired to chemically treat the inside of
the pipe to prevent continued root growth (foam treatment).
The Public Works Department solicited bids from several companies and set a
May 21, 2003 deadline for submittal of bids. As of this date a total of five (5) bids
have been received.
A summary of the bids / quotes as follows:
Company Total Bid Cost per lineal foot
Duke’s Root Control $13,222.65 $1.05 / foot
Gopher State Waterjetting $14,481.95 $1.15 / foot
Mr. Rooter Plumbing $16,500.00 $1.31 / foot
Visu-Sewer Clean & Seal $18,259.85 $1.45 / foot
Westco Enviro. Services $12,844.86 $1.02 / foot
The low bidder was Westco Environmental Services with a bid of $12,844.86
($1.02 / foot).
For the last few years the City has contracted with the second lowest bidder,
Duke’s Root Control. This would be the first year Westco Environmental Services
has done work for the City.
The 2003 adopted budget has $15,000.00 allocated for root removal in the City‘s
sanitary sewer system (account 730-4823-5160).
Recommendation:
Staff recommends that the City Council approve a contract award with Westco
Environmental Services, Inc. in the estimated amount of $12,844.86 for the
Annual Sanitary Sewer Root Abatement Project.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 6019
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE CONTRACT AWARD FOR THE ANNUAL SANITARY
SEWER ROOT ABATEMENT PROJECT
WHEREAS, the City annually budgets and received bids for root removal
in the City‘s sanitary sewer system; and
WHEREAS, the Public Works Department solicited bids from several
companies and set a May 21, 2003 deadline for submittal of bids; and
WHEREAS, On May 21, 2003 a total of five (5) bids have been received;
and
WHEREAS, the low bidder was Westco Environmental Services, Inc. in
the estimated amount of $12,844.86 ($1.02 / foot); and
WHEREAS, the 2003 adopted budget has $15,000.00 in funds allocated
for root removal in the City‘s sanitary sewer system (account 730-4823-5160).
NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City
Council does hereby approve a contract award with Westco Environmental
Services, Inc. in the estimated amount of $12,844.86 for the Annual Sanitary
Sewer Root Abatement Project.
Adopted this 27th day of May 2003.
______________________________
Jerry Linke, Mayor
(ATTEST)
_______________________________
James Ericson
Interim City Clerk/Administrator
(SEAL)
Item No: 9B
Meeting Date: May 27, 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: Consideration of a Conditional Use Permit Request
for an Over-Size Garage at 7988 Edgewood Drive;
Planning Case No. CU03-002
Introduction:
Property owners Steve and Sandy Eyler are requesting approval of a conditional use permit
to construct a detached 1,344 square-foot garage on their property located at 7988
Edgewood Drive. The Eylers indicate that the existing single-stall garage is in poor condition
and needs to be replaced. (Staff’s inspection confirms this.) The lot is 36,750 square feet,
which is more than four-fifths of an acre. The existing garage will be demolished to make
room for the proposed new garage, which would be built in the same location in the rear
yard.
Discussion:
Section 1106.4, Subdivision 6, lists the specific conditional use permit requirements for
garages larger than 952 square feet. These requirements, such as setbacks and maximum
square-footage would all be met with this proposal. The Code also sets an upper limit of
accessory storage space on a property at 1,800 square feet, and this requirement is also
met. The applicants are proposing to construct the new garage behind the house in the
same general location of the original garage.
The Comprehensive Plan encourages the development and maintenance of residential
areas so as to improve the quality, appearance and attractiveness of housing units and
residential property in general. The Comprehensive Plan designates this property, 7988
Edgewood Drive, as low-density residential. The 36,750 square-foot lot is large however
typical for this area. Most of the homes in this were built with detached single-stall garages,
which by today’s standards is not sufficient for the typical multi-car family. Many of the
property owners in this area have already expanded or replaced the original garages.
Adverse Effects
According to the City Code, the City must consider the possible adverse effects of the
proposed conditional use. The findings shall be based upon, but not limited to, the following
factors:
??Relationship with the Comprehensive Plan.
??The Geographical Area Involved
??Whether such use will tend to or actually depreciate the area in which it is proposed.
??The Character of the Surrounding Area
??The demonstrated need for such a use.
Eyler CC Report
May 27, 2003
Page 2
As stated on the previous page, the proposed request fully complies with the Comprehensive
Plan. The neighborhood has many large lots of this same size so the oversized garage
would not appear too large for the lot. The garage would not depreciate the area and in fact
would bring added value to the property and would have a positive impact to the tax base.
While many homes in the area still have the original, small garages, a growing number of
properties in the area are making similar improvements. As for demonstrated need for such
a use, the Eylers’ letter expresses in great detail their need.
Code Requirements
Subdivision 6 of Section 1106.04 lists the conditions under which a conditional use permit
for an over-sized garage can be issued. These are as follows:
a. The accessory building must conform with other Sections of the Code
b. The combined square footage of all accessory buildings on one (1) lot cannot exceed
one thousand four hundred (1,800) square feet.
c. The building shall be designed and maintained to provide a uniform appearance with
the dwelling unit.
d. The width of the building cannot exceed thirty-five feet (35').
e. The building shall be a permanent structure.
f. Should the use for which the permit was granted be changed, the permit shall be
subject to reconsideration, revocation or other action.
All of these conditions are satisfied with this request.
Planning Commission Action:
The Planning Commission voted unanimously to recommend approval of the CUP after a
revision was made to the dimensions or the garage. The Planning Commission’s resolution
is attached for the Council’s review. The Planning Commission recommended that the
second curb cut be eliminated from the property as a condition of the CUP approval. That
requirement remains in the Council resolution yet may be removed at the Council’s
discretion. The applicants would prefer to retain the second curb cut.
Eyler CC Report
May 27, 2003
Page 3
Recommendation:
Based on the information provided and the consistency with City Code and the
Comprehensive Plan, Staff and the Planning Commission recommend approval of this
Conditional Use Permit for the oversized garage at 7988 Edgewood Drive.
_____________________________________
James Ericson
Interim City Clerk/Administrator
Attachments:
1. Application
2. Applicants’ Letter
3. Site Plan
4. Location Map
5. Zoning Map
6. Photographic Documentation
Site Plan
Existing
20 x 22
Garage
Proposed
32 x 42
(1344 sf)
Garage
Zoning Map
* Properties not indicated with a particular zoning designation are zoned R-1,
Single Family Residential.
Photographic Documentation
7988 Edgewood Drive, looking southwest (Subject property.)
House to the north, 8012 Edgewood Drive. (Note the growth of mature
trees between the lots and the separation between the two homes.)
Existing
Garage to be
Replaced
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 726-03
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT
TO ALLOW FOR A 1,344 SQUARE-FOOT GARAGE AT 7988 EDGEWOOD DRIVE;
PLANNING CASE NO. CU03-002
WHEREAS, property owners Steve and Sandy Eyler have applied for a conditional use
permit to construct a 1,344 square foot detached garage on their property located at 7988
Edgewood Drive, which is legally described as follows:
Lot 35, Woodlawn Terrace
Ramsey County, Minnesota
WHEREAS, The Mounds View Zoning Code conditionally allows garages in excess of
952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet;
and,
WHEREAS, the Planning Commission has reviewed the following documents regarding
this proposal:
a. Development Application
b. Zoning Map
c. Location Map
d. Proposed Site Plan
e. Photographic documentation
f. Letter from Applicants
g. Staff Report
WHEREAS, the Mounds View Planning Commission finds that the proposal satisfies the
dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code; and,
WHEREAS, the Mounds View Planning Commission finds that the request is consistent
with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the
development and maintenance of residential areas so as to improve the quality, appearance and
attractiveness of housing units and residential property in general; and,
WHEREAS, the Mounds View Planning Commission finds that the proposed garage would
not be out of place given the character and geography of the surrounding area involved and the size
of the subject property which is able to accommodate such a structure; and,
WHEREAS, the Mounds View Planning Commission finds that the proposed garage
would not depreciate the neighborhood; and,
WHEREAS, the Mounds View Planning Commission finds that the applicant has
sufficiently demonstrated that a need exists for the proposed oversized garage.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission recommends approval of the conditional use permit with the following stipulations:
1. The garage shall not be used for commercial purposes, living space or other uses not
allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should
the use change for which the permit was granted, the conditional use permit shall be
considered null and void.
2. The applicants shall arrange to remove their second driveway and curb cut as it does not
comply with the City’s zoning code.
BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs
staff to forward this resolution to the City Council prior to approval of the minutes.
Adopted this 7th day of May, 2003.
__________________________________________
Gary Stevenson, Chairperson
ATTEST:
__________________________________________
James Ericson, Community Development Director
(SEAL)
N:\DATA\GROUPS\COMDEV\PLANNING COMMISSION\PC RESOLUTIONS\726-03, EYLER CUP.DOC
RESOLUTION NO. 6016
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 1,344 SQUARE-
FOOT OVER-SIZED GARAGE AT 7988 EDGEWOOD DRIVE;
PLANNING CASE NO. CU03-002
WHEREAS, property owners Steve and Sandy Eyler have applied for a conditional use
permit to construct a 1,344 square foot detached garage on their property located at 7988
Edgewood Drive, which is legally described as follows:
Lot 35, Woodlawn Terrace
Ramsey County, Minnesota
WHEREAS, The Mounds View Zoning Code conditionally allows garages in excess of
952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet;
and,
WHEREAS, the Mounds View City Council has reviewed the following documents
regarding this proposal:
a. Development Application
b. Zoning Map
c. Location Map
d. Proposed Site Plan
e. Photographic documentation
f. Letter from Applicants
g. Planning Commission Resolution
h. Staff Report
WHEREAS, the Mounds View City Council finds that the proposal satisfies the
dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code; and,
WHEREAS, the Mounds View City Council finds that the request is consistent with the
Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development
and maintenance of residential areas so as to improve the quality, appearance and attractiveness of
housing units and residential property in general; and,
WHEREAS, the Mounds View City Council finds that the proposed garage would not be
out of place given the character and geography of the surrounding area involved and the size of the
subject property which is able to accommodate such a structure; and,
WHEREAS, the Mounds View City Council finds that the proposed garage would not
depreciate the neighborhood; and,
WHEREAS, the Mounds View City Council finds that the applicant has sufficiently
demonstrated that a need exists for the proposed oversized garage.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
approves the conditional use permit with the following stipulations:
1. The garage shall not be used for commercial purposes, living space or other uses not
allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should
the use change for which the permit was granted, the conditional use permit shall be
considered null and void.
2. The applicants shall arrange to remove their second driveway and curb cut as it does not
comply with the City’s zoning code.
3. The garage shall maintain a consistent design and appearance with the house.
Adopted this 27th day of May, 2003.
__________________________________________
Jerry Linke, Mayor
ATTEST:
__________________________________________
James Ericson, Interim City Administrator
(SEAL)
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: Charles Hansen, Finance Director
Item Title/Subject: Resolution 6021 Approving a Policy for the Support of
Artistic Organizations
Meeting Date: May 27, 2003
Attached is a draft policy for the support of artistic organizations and a resolution for its
approval. This topic came up in the reports section of the April 28, 2003 meeting in a
request by the Mounds View Community Theater to be allowed to use the City’s copier.
Both the City Attorney and Staff felt it would be a good idea to have a policy in place to
regulate the City’s support of non-profit groups. The City Attorney pointed out that there
is a section of the State Statutes, 471.941, that specifically allows and governs support
provided by local governments to theater groups.
It is recommended that the City of Mounds View closely follow Statute 471.491. This
both insures that our actions are within the law and it doesn’t open the door for every
non-profit organization in the area to request support.
Respectfully Submitted,
Charles Hansen
RESOLUTION NO. 6021
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A POLICY FOR THE SUPPORT OF ARTISTIC ORGANIZATIONS
WHEREAS, the City Council directed staff to develop a policy for the
support of artistic organizations; and
WHEREAS, the accompanying policy is designed to comply with state
statutes 471.941; and
WHEREAS, the accompanying policy is designed to provide a procedure
for the approval by the City Council for the support of artistic organizations.
NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View
adopts the attached policy for the support of artistic organizations.
Adopted this 27th day of May, 2003.
Jerry Linke, Mayor
ATTEST:
James Ericson, Interim City Administrator
SEAL
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
May 12, 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 (7:17p.m.), Marty, Stigney, and Gunn 16
17
4. APPROVAL OF AGENDA 18
19
A. Monday, May 12, 2003 City Council Agenda. 20
21
22
MOTION/SECOND: Marty/Gunn. To Approve the Monday, May 12, 2003 Agenda as 23
Presented. 24
25
Ayes – 4 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
David Jahnke of 8428 Eastwood Road indicated he has watched the tapes from the meetings he 30
missed and is still very concerned that there have not been any cuts. 31
32
Mr. Jahnke indicated he is concerned with the City taking over the YMCA because any time city 33
employees run something it starts out small and then snowballs to where there are more and more 34
employees and it costs residents more and more. He then said the same thing has happened with 35
the golf course and he does not think the golf course will ever make money with City employees 36
running it. He also expressed concern with the way employees are given step increases and 37
asked that Council review the policies it has in place with regard to employee compensation. 38
39
Mr. Jahnke said he does not see how the City can make money at the golf course and he feels the 40
City should look at ways of getting rid of it. 41
42
Mr. Jahnke suggested dividing the money spent on the golf course by the number of residents 43
within the City for a true picture of what the course costs each resident. He then said he has 44
nothing against the new employees at the golf course but has never agreed with things that have 45
Mounds View City Council May 12, 2003
Regular Meeting Page 2
gone on over there. He further commented that he had his wife tape this meeting so that when 1
there is a problem at the Community Center if the City takes it over he can come back and say he 2
told Council to be careful. 3
4
Mr. Jahnke asked Council to use common sense and look into what the City really needs not 5
what would be nice to have and make the cuts that are necessary. He then said he has not seen 6
one thing that was looked into for sacrificing. 7
8
Mayor Linke indicated Council is still analyzing budgets for last year and there are things that are 9
being looked at but it is too early in the process to begin cutting. 10
11
Council Member Stigney commented that many of the items of concern raised by Mr. Jahnke are 12
on his list of concerns given to the City Administrator. 13
14
Council Member Marty indicated he has been hearing similar concerns from other residents and 15
has been asked to review step increases for employees and the personnel policy by them. 16
17
Mayor Linke noted there were students from Irondale in the audience and welcomed them to the 18
meeting. 19
20
6. SPECIAL ORDER OF BUSINESS 21
22
None. 23
24
7. JUST AND CORRECT CLAIMS 25
26
A. Just and Correct Claims 27
28
Council Member Marty indicated that Finance Director Hansen and City Attorney Riggs had 29
answered most of his questions with the exception of the bill for the Diehl minor subdivision. 30
31
Interim City Administrator Ericson indicated that case occurred before the City had a policy to 32
tell applicants that any attorney’s fees associated with the development needed to be paid for by 33
the applicant. He then said that the applicant was not made aware that they would have this 34
responsibility making it difficult for the City to seek payment. 35
36
MOTION/SECOND: Marty/Stigney. To Remove MU210-00811, Diehl Minor Subdivision 37
from the Tracking and Reimbursement List and to Forego Further Billing for It. 38
39
Ayes – 4 Nays – 0 Motion carried. 40
41
Council Member Gunn expressed concern with the Qwest invoice for $1,000. 42
43
Finance Director Hansen indicated there are a large number of lines into various City buildings. 44
45
Mounds View City Council May 12, 2003
Regular Meeting Page 3
Council Member Stigney asked why the one cell phone invoice was $259.93. 1
2
Finance Director Hansen indicated that was all cell phone usage for the entire department not just 3
one cell phone. 4
5
Council Member Quick arrived at 7:17 p.m. 6
7
MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. 8
9
Ayes – 5 Nays – 0 Motion carried. 10
11
B. Authorization for Expenditures 12
13
1. League of Minnesota Cities Insurance Trust 14
15
Finance Director Hansen indicated he needed to begin working on the application for renewing 16
the City’s insurance polices as they are renewing July 1, 2003. He then indicated he would like 17
information as to whether Council wished to insure the Lion’s bus or not and noted that he had 18
misinformation at the previous Council meeting concerning the bus as the agent had quoted him 19
features from a commercial policy. 20
21
Finance Director Hansen indicated that he needed to know whether or not to include Lakeside 22
Park beach in the insurance renewal or not and asked whether Council had made a determination 23
on whether to keep it open or close it. 24
25
Council Member Stigney asked when the information is needed. 26
27
Finance Director Hansen indicated he needed to get the application put together as the agent 28
wanted it several weeks ago to allow time for underwriting. 29
30
Council Member Stigney asked whether the Mayor had contacted the Lions concerning the bus. 31
32
Mayor Linke indicated he had brought the matter to the Lions but there was not time for 33
discussion and consideration and the next meeting is Thursday, May 15, 2003. 34
35
Council Member Stigney indicated he would like to wait and see what the Lions would like to do 36
with regard to the bus and the park. 37
38
Council Member Marty indicated he had talked to a few Lions and the Lions are interested but it 39
just came up so they need to discuss it. He then said that it is a high likelihood that the Lions 40
will be able to assist the City with the bus. He further commented that the Lions rebuilt the 41
engine of the van a few years ago so it is in good condition based on its age. 42
43
Mounds View City Council May 12, 2003
Regular Meeting Page 4
Finance Director Hansen indicated he would hold off but informed Council that the delay would 1
mean the City will have a binder rather than a policy and that means Council will not have policy 2
information and numbers for the budget discussions in August. 3
4
Council Member Quick suggested directing Staff to insure the bus and the beach in order to 5
ensure that timeframes are met. 6
7
Mayor Linke indicated he spoke with the Mayor of Spring Lake Park and he had information that 8
only 30 people, on average, use the beach itself and they do not think that few people justifies the 9
costs involved with keeping it open. He further commented that the City of Fridley has over 100 10
people per day at Moore Lake Beach and they are closing it as a cost saving measure. 11
12
Council Member Quick asked how much it costs the City for the beach. 13
14
Finance Director Hansen indicated that Spring Lake Park is proposing to cut $8,000 from their 15
budget for Lakeside Park but some of that was for things like the Satellite so he estimates a 16
savings of about $7,000 from the beach. 17
18
Council Member Gunn commented that the beach is often closed due to Swimmer’s Itch. 19
20
Council Member Quick suggested dropping the beach and continuing coverage on the bus. 21
22
Council Member Stigney asked that the bus be added on the bottom line and tell them it may fall 23
off of the list depending upon the Lions. 24
25
Finance Director Hansen indicated that the timing of the decision would determine whether it 26
was too late to remove the bus from the policy. 27
28
MOTION/SECOND: Quick/Gunn. To Direct Staff to Drop the Insurance on the Beach and 29
Inform Spring Lake Park that Mounds View Agrees to Close the Beach and to Direct Staff to 30
Continue Insurance Coverage on the Bus. 31
32
Council Member Stigney commented that he feels this is “cart before the horse.” 33
34
Council Member Marty indicated the City may need the bus if it decides to take over the 35
Community Center due to ADA requirements. 36
37
Ayes – 4 Nays – 1(Stigney) Motion carried. 38
39
8. CONSENT AGENDA 40
41
A. Licenses for Approval 42
B. Resolution No. 6001 Approval of Golf Cart Lease Agreement 43
C. Resolution No. 6008 Authorizing the Hiring of Nicholas Fleischhecker as a 44
Sanitary Sewer Maintenance Employee 45
Mounds View City Council May 12, 2003
Regular Meeting Page 5
D. Pathway Construction Project – Resolution No. 6009, Authorizing the Preparation 1
of a Preliminary Feasibility Report, Preparation of Plans and Specifications and 2
Approving the Execution of a Supplemental Letter of Agreement with Short 3
Elliott Hendrickson, Inc. 4
E. Resolution 5961 Approving a Supplemental Letter of Agreement with SEH for 5
Work Associated with the Water Tower Rehabilitation Project 6
F. Resolution 6015 Approving a Contract with Sprint for Long Distance Telephone 7
Service 8
G. Resolution 6012 Directing Staff to Advertise to Fill the Planning Associate 9
Vacancy in the Community Development Department 10
H. Resolution 6007 Authorizing Execution of a Memorandum of Understanding 11
Concerning the Fire Protection Services Contract 12
I. Resolution 5972, a Resolution Approving a Step Adjustment for David Parker, 13
Grounds & Equipment Manager 14
15
Council Member Marty requested that Item B be removed for discussion. 16
17
Council Member Stigney requested that Items C, F, and I be removed for discussion. 18
19
MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items A, D, E, G, and H as 20
Presented. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
Council Member Marty asked about the warranty of the golf cart as it states that the two and 25
three year warranty changed to four years. 26
27
Golf Course Manager Berg indicated she had noticed that but did not discuss that with them. 28
29
Council Member Marty indicated that he was a little concerned that staff would need to travel to 30
Georgia for training but noticed the clause that indicates there would be local training and 31
seminars. 32
33
Golf Course Manager Berg indicated there would be training available in Bloomington but noted 34
that Staff chose this type of cart as Staff is familiar with it and may not even need training. 35
36
Council Member Marty commented that no one was interested in purchasing the existing carts on 37
trade-in. 38
39
Golf Course Manager Berg indicated she intended to sell the carts for around $1,750 whereas the 40
wholesale price the City would get would be around $1,000. 41
42
Council Member Stigney indicated he would like to know the difference between 2003 DS and 43
G22AY and asked what the basic cost is. 44
45
Mounds View City Council May 12, 2003
Regular Meeting Page 6
Golf Course Manager Berg explained that the two models are very similar but the model 1
recommended by Staff is about $100.00 cheaper and is the model most like what Staff is used to 2
working on. 3
4
MOTION/SECOND: Marty/Gunn. To Approve Resolution 6001, Approving the Golf Car Lease 5
Agreement. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
Council Member Stigney expressed concern that Staff had not contacted the next highest 10
applicant by mail and had only attempted contact via telephone. 11
12
Public Works Director Lee indicated Staff had attempted to contact him over the course of one 13
week via telephone and had not received a response. 14
15
Council Member Stigney indicated he felt it would be a good policy to contact applicants in 16
writing. 17
18
MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 6008, a 19
Resolution Hiring Nicholas Fleischhecker as a Sanitary Sewer Maintenance Employee. 20
21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
Council Member Stigney asked that Resolution 6008 be read. 25
26
Mayor Linke read Resolution 6008. 27
28
Council Member Marty pointed out that Mr. Fleischhecker has a history with the City and has 29
worked here seasonally before. He also holds the all time record for the most feet of sewer 30
cleaned in one day. 31
32
Council Member Stigney indicated he disagreed with the Staff report that MCI and Sprint are the 33
only two providers of long distance. He then asked whether Staff had checked with AT&T and 34
IDT. 35
36
Finance Director Hansen indicated Ms. Toteric and Ms. Crane did all the calling and they have 37
informed him that Sprint and MCI are the only carriers that can offer the comprehensive 38
nationwide service that the City needs. 39
40
Council Member Stigney indicated there are more carriers than listed. 41
42
Council Member Marty indicated he had information from Excel telephone company that 43
provides long distance for seven cents a minute and indicated he would provide that to Staff for 44
review. 45
Mounds View City Council May 12, 2003
Regular Meeting Page 7
1
Council Member Stigney suggested Staff research providers on the Internet. 2
3
MOTION/SECOND: Marty/Stigney. To Table Approval of Resolution 6015 to the Next 4
Council Meeting. 5
6
Ayes – 5 Nays – 0 Motion carried. 7
8
Council Member Stigney asked why the employee had not had a six-month review. 9
10
Interim City Administrator Ericson indicated that Mr. Parker did have a six-month review and 11
received a step increase in February but the issue is that it should have occurred months prior to 12
that in November of 2002 so he is eligible for his next step increase. 13
14
MOTION/SECOND: Quick/Gunn. To Approve Resolution 5972, a Resolution Approving a 15
Step Adjustment for David Parker, Grounds & Equipment Manager. 16
17
Council Member Stigney asked that Resolution 5972 be read. 18
19
Mayor Linke read Resolution 5972. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
9. COUNCIL BUSINESS 24
25
A. Continuation of Public Hearing and Consideration of Resolution 5997, a 26
Resolution Amending the Planned Unit Development Provisions Associated 27
with the Property Located at 2442 County Highway 10. 28
29
Mayor Linke opened the public hearing at 7:45 p.m. 30
31
Interim City Administrator Ericson indicated that the Planning Commission had made a 32
unanimous recommendation of approval for the amendment of the PUD to allow for an office 33
building. He then said that even though the City would prefer a restaurant as was guided by the 34
PUD the developer has spent five years attempting to market the lot for restaurant use and that 35
has not happened. 36
37
Council Member Stigney indicated there is land in that location that is guided for office building 38
and it is not this parcel. 39
40
Mr. Tarpley indicated that Landcor acquired the lease rights to the retail parcel next door to the 41
theatre and the other piece at the corner that is proposed for an office building. He then said that 42
the other lot has been sold for parking. 43
44
Mounds View City Council May 12, 2003
Regular Meeting Page 8
Interim city Administrator Ericson indicated that the property owner has been working with the 1
theatre for purchase of additional land to solve the parking issues. 2
3
Council Member Stigney indicated there is a site for an office building in the PUD and this site is 4
for a sit down restaurant and he would like to stick with the original PUD. 5
6
Council Member Marty indicated he had concerns and questions whether the City needs office 7
space. He then said the City needs a sit down restaurant not more fast food, a gas station, or an 8
office building. He further commented that the first office buildings built there sat vacant for two 9
years. 10
11
Council Member Gunn asked whether the tenants, as stated at the Planning Commission meeting, 12
would be medical tenants. 13
14
Mr. Tarpley indicated that he has had a lot of medical users inquire about the space and then 15
explained that the market research they conducted indicates there is a lack of Class A office 16
space in Mounds View. He then said that they are investing their money into this project and 17
would not move forward unless they felt there was a need for the office space and it is in their 18
best interest to ensure that the space is leased. 19
20
Mr. Tarpley commented that an office use would be a much lesser impact on the surrounding 21
area than a restaurant would be. He further commented that the fact that a restaurant user has not 22
approached the City on the site speaks to the fact that it is not viable for that type of use. 23
24
Mayor Linke commented that the types of businesses that locate in the business park versus this 25
building are completely different. 26
27
MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 5997, a 28
Resolution Amending the Planned Unit Development Provisions Associated with the Property 29
Located at 2442 County Highway 10. 30
31
Council Member Gunn asked whether the applicant would be able to add the additional parking 32
spaces required or would be reducing the square footage of the building. 33
34
Mr. Tarpley indicated they have proposed four cars per thousand and would cut down the square 35
footage of the building to provide the additional parking spaces if necessary. He also noted that 36
he is working with Staff on the setbacks to determine whether more parking can be added 37
without having to reduce the square footage of the building. 38
39
Council Member Gunn commented that she feels the City does need a medical office building 40
that brings medical providers to the community. 41
42
Council Member Marty indicated he would like to be able to require that the building be used for 43
medical uses. He then said that the City needs an urgent care. He further commented that all too 44
often the proposal that comes before Council and what actually happens are two different things. 45
Mounds View City Council May 12, 2003
Regular Meeting Page 9
1
Mr. Tarpley indicated he does have one lease out to a medical practitioner but he is not 2
comfortable releasing the name at this time. 3
4
Council Member Stigney commented that this change would be a win win for the developer and 5
not for the City and he would like to stick with the original PUD. 6
7
Ayes – 3 Nays – 2(Stigney/Marty) Motion carried. 8
9
Mayor Linke closed the public hearing at 7:55 p.m. 10
11
B. Public Hearing, Introduction and First Reading of Ordinance 711, an 12
Ordinance Amending the Mounds View Zoning Code Pertaining to 13
Pawnshops. 14
15
Mayor Linke opened the public hearing at 7:55 p.m. 16
17
Interim City Administrator Ericson indicated the City Council adopted an interim ordinance to 18
allow time for the City to research and draft zoning and licensing regulations for pawnshops 19
within the City of Mounds View. 20
21
Interim City Administrator Ericson indicated the Planning Commission has researched and 22
discussed at numerous meetings the various concerns and issues involved with pawnshops and 23
has drafted two ordinances for Council consideration. 24
25
Interim City Administrator Ericson indicated that the issue is of such concern to residents that he 26
would recommend that Council discuss the ordinances at a work session prior to taking action on 27
the ordinances. He then said that the major issue is where to locate the pawnshop. 28
29
Council Member Marty indicated he has had a number of calls on the proposed pawnshop 30
ordinances and he would like to continue the discussions at a work session after hearing public 31
comments of those in attendance at this public hearing. 32
33
David Jahnke of 8428 Eastwood Road asked what kind of revenue pawnshops would bring to the 34
City and what kind of businesses would like to be located next to them. 35
36
Interim City Administrator Ericson indicated that the tax base revenue is the same as any other 37
commercial business but there is a question as to whether there would be a net loss to the City on 38
fees charged for the additional policing and monitoring required by the pawnshop. 39
40
Interim City Administrator Ericson indicated the other businesses within Mounds View Square 41
have said that they are not happy about a proposed pawnshop. 42
43
Mr. Jahnke agreed that the matter should be tabled for further research and discussion. 44
45
Mounds View City Council May 12, 2003
Regular Meeting Page 10
Mayor Linke asked for Chief Sommer’s opinion on pawnshops. 1
2
Chief Sommer indicated that there is extra police work involved when the community has a 3
pawnshop but said that the ordinance requires the automated pawn system which is a database 4
that each person pawning an item is entered into to make investigation easier. 5
6
Chin Veck representing the frame shop in Mounds View Square indicated that they are very 7
upset that a pawnshop would be locating next to his store. He then said that he was told a nice 8
jewelry store would be locating next to him and was never told it was a pawnshop. 9
10
Richard Sonterre of 5060 Red Oak Drive indicated he had made a lot of comments at the 11
Planning Commission meeting and had submitted a letter to Council. He then said that he feels 12
the possibility of an overlay zoning district needs further consideration and noted that 13
Robbinsdale recently created a successful overlay district. 14
15
Mr. Sonterre indicated that he would prefer the overlay district to be north of State Highway 10 16
to keep pawnshops away from schools, malls, churches and residential areas. He then said that 17
he does not know if there is enough land to accomplish the pawnshop in that geographic location 18
but he would like to see them limited to that area. 19
20
Mr. Sonterre commented that the City has spent a lot of money on planning for updating the 21
corridor and a set of criteria was set forward for guiding redevelopment. The number one thing 22
was improving safety but the next most important was to create a center of the City that was a 23
place for residents to gather and he does not feel that adding a pawnshop to Mounds View Square 24
is appropriate. He then asked that Council determine a geographic location for the pawnshop 25
that does not have a negative impact on the center of the City. 26
27
Mayor Linke expressed concerns with overlay district and indicated there are strict requirements 28
that must be made. He then asked Staff to review the incident in Hopkins where the city ran into 29
trouble with trying to create an overlay district. 30
31
Mr. Sonterre indicated that Maplewood has successfully executed an overlay district. 32
33
Council Member Marty indicated that NW Youth and Family Services has expressed concern 34
with having a pawnshop located next to Penny Pinchers as that is a business that works with 35
children on the edge in an attempt to reform them and having that type of business could provide 36
a negative impact for those kids. 37
38
Council Member Gunn asked whether the owner of the frame shop had contacted Paster 39
Enterprises concerning the pawnshop. 40
41
Mr. Veck indicated he was out of town and received the news through a cell phone call. He then 42
said he has talked to Commissioner Zwirn and given him his opinion. He then said that they just 43
took over the business March 5, 2003 and are struggling and the pawnshop is very bad news for 44
them. 45
Mounds View City Council May 12, 2003
Regular Meeting Page 11
1
Mr. Sonterre commented that two Planning Commission meetings ago there was a representative 2
from Paster Enterprises that had said that all tenants were aware and no one had expressed 3
negative opinions. The district manager for Petters then addressed the Commission and indicated 4
that they were not aware and did have an issue with a pawnshop locating in the mall. He then 5
said that he would be behind Council in any attempts to hold Paster Enterprises more 6
accountable for what happens within that mall. 7
8
Colleen Miller, the supervisor at Penny Pinchers indicated that at the last merchant’s meeting 9
they were told there were prospects for coming into the vacant spaces in the mall but they are 10
never told who or what type of business. She then said that they are concerned that a pawnshop 11
could bring a negative element to the mall and confirmed that they did not know a pawnshop was 12
coming to the mall until today. 13
14
Mayor Linke closed the public hearing at 8:20 p.m. 15
16
Council Member Stigney indicated he would like to defer discussion on this matter for further 17
research and discussion into a district for pawnshops and similar types of businesses. 18
19
Council Member Quick asked how much time was left on the eight-month time frame. 20
21
Interim City Administrator Ericson indicated the eight months would expire sometime in 22
September but the City can extend another year, if necessary. 23
24
Mayor Linke indicated he thought that the City had instituted an overlay district for adult 25
bookstores and asked Staff to research the matter. 26
27
Interim City Administrator Ericson indicated that adult uses are listed in a specific zoning district 28
but there is no overlay district. 29
30
MOTION/SECOND: Marty/Gunn. To Table Ordinance 712 and Ordinance 713 to the Work 31
Session on June 2, 2003. 32
33
Ayes – 5 Nays – 0 Motion carried. 34
35
C. Introduction and First Reading of Ordinance 712, an Ordinance Amending 36
Title 500 of the Mounds View Municipal Code by Adding a New Chapter 516 37
to Regulate the Operations of Pawnshops in the City of Mounds View. 38
39
This item was tabled. 40
41
D. Second Reading and Adoption of Ordinance 713, an Ordinance Amending 42
Chapter 603 of the Mounds View Municipal Code Pertaining to Garbage and 43
Rubbish. 44
45
Mounds View City Council May 12, 2003
Regular Meeting Page 12
Public Works Director Lee indicated that Staff made changes to the Ordinance to include 1
biweekly collection being permissible provided that single sort and a container equal to or larger 2
than the garbage container be provided. 3
4
Council Member Stigney asked about collection for apartment buildings. 5
6
Public Works Director Lee indicated that Staff would come back with further information on 7
garbage concerning single day pick up and other issues at a later time. He then said to be 8
consistent with the SCORE grant apartment buildings must recycle. 9
10
Council Member Marty indicated he did not feel that it was necessary to take action for one 11
hauler on one issue at this time. 12
13
Council Member Stigney agreed. 14
15
Council Member Quick asked if there would there be any adverse affects for making this 16
alteration from the City’s perspective. 17
18
Public Works Director Lee indicated there would not be. 19
20
Council Member Marty commented that other haulers could drop back to bi-weekly collection if 21
this is approved. 22
23
Mayor Linke indicated that is why the change was made to require single sort recycling. 24
25
MOTION/SECOND: Quick/Gunn. To Waive the Reading, Approve the Second Reading and 26
Adopt Ordinance 713, an Ordinance Amending Chapter 603 of the Mounds View Municipal 27
Code Pertaining to Garbage and Rubbish. 28
29
Council Member Stigney indicated he did not see a rush to approve this at this time. 30
31
Interim City Administrator Ericson read Ordinance 713. 32
33
Ayes – 2 Nays – 3(Stigney/Marty/Gunn) Motion failed. 34
35
ROLL CALL: Gunn/Stigney/Marty/Quick/Linke. 36
37
E. Second Reading and Adoption of Ordinance 714, an Ordinance Amending 38
Chapter 405 of the Mounds View Municipal Code Pertaining to the Parks 39
and Recreation Commission. 40
41
MOTION/SECOND: Gunn/Marty. To Waive the Reading, Approve the Second Reading and 42
Adopt Ordinance 714, an Ordinance Amending Chapter 405 of the Mounds View Municipal 43
Code Pertaining to the Parks and Recreation Commission. 44
45
Mounds View City Council May 12, 2003
Regular Meeting Page 13
Ayes – 5 Nays – 0 Motion carried. 1
2
ROLL CALL: Stigney/Marty/Quick/Gunn/Linke. 3
4
F. First Reading and Introduction of Ordinance 715, an Ordinance Amending 5
Title 1000 of the Mounds View Municipal Code Entitled Building and 6
Development Regulations. 7
8
Interim City Administrator Ericson indicated that this was discussed at a work session and these 9
are changes responding to state changes with the International Building Codes and other minor 10
changes brought forward by the Fire Marshall. 11
12
Council Member Marty asked what reserved stands for. 13
14
Interim City Administrator Ericson indicated it allows the City to keep the same numbers rather 15
than renumbering. 16
17
MOTION/SECOND: Marty/Stigney. To Waive the reading, Introduce the First Reading and 18
Approve Ordinance 715, an Ordinance Amending Title 1000 of the Mounds View Municipal 19
Code Entitled Building and Development Regulations. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
G. 2004 Street Improvement Project – Resolution No. 6010, Authorizing the 24
Preparation of a Preliminary Feasibility Report and Consultant Selection. 25
26
Public Works Director Lee indicated that the first step of the 2004 street improvement project is 27
to approve the feasibility report and authorize BRAA. 28
29
Council Member Marty asked whether it would be necessary to send out an RFP. 30
31
Public Works Director Lee indicated that the City has a pool of consultants and previous work 32
with BRAA indicates that they are competitive. 33
34
Mayor Linke indicated that the bidding process would delay this project by six weeks. 35
36
MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6010, 37
Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
H. Police Administrative Assistant, Senior Clerk Typist Positions 42
43
1. Resolution 6013, Appointing Linda Meyer to a Vacancy in the Police 44
Department 45
Mounds View City Council May 12, 2003
Regular Meeting Page 14
1
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolutions 6013 and 2
6014, Appointing Linda Meyer to a Vacancy in the Police Department and Appointing Kathy 3
Bednar to the Position of Police Senior Clerk Typist. 4
5
Council Member Stigney indicated he has asked at a previous Council meeting and discussed this 6
with the Attorney off the record whether the Police Civil Service Commission acted in 7
accordance with state statute. 8
9
City Attorney Riggs indicated that the purely legal answer is no. He then explained that there are 10
steps required by the statute and one of those is competitive examinations. He then indicated that 11
there are a number of other cities that do not entirely follow that process but that does not make it 12
right for the City to do. He further commented that the purely legal answer is that the City needs 13
to conduct competitive examinations for any appointment that happens. 14
15
City Attorney Riggs indicated that, based on Attorney General opinions, competitive 16
examinations are required. 17
18
Mayor Linke asked how a competitive examination would be possible with this City. 19
20
City Attorney Riggs indicated the practical answer is that it does not work for a department of 21
this size and so the City would then need to have the position open for anyone to apply. He 22
further commented that the statute does not work for this department. 23
24
City Attorney Riggs commented that the reality is that the City should have had an examination 25
and roster done for a position that it did not know it was going to fill. He then said the level of 26
staff time to assist the Civil Service Commission would be astronomical and beyond the benefits 27
of doing that. 28
29
Mayor Linke indicated that, if the City had no Police Civil Service Commission, the City could 30
do hiring based on other positions within the City. 31
32
City Attorney Riggs agreed. 33
34
Council Member Stigney asked whether the policy states that the City will advertise and point 35
the positions. 36
37
Interim City Administrator Ericson indicated that the policy states that the City will fill from 38
within whenever practical. 39
40
City Attorney Riggs indicated there is no statutory requirement to post any position within the 41
City but said it is a good idea in most cases. 42
43
Council Member Stigney indicated the job should be posted somewhere. 44
45
Mounds View City Council May 12, 2003
Regular Meeting Page 15
Interim City Administrator Ericson indicated that there is no one to post the job to other than 1
those referenced in the resolution. 2
3
Council Member Gunn asked whether they were both in positions temporarily and now Council 4
is making them permanent. 5
6
City Attorney Riggs indicated that the temporary positions could not last longer than 30 days. He 7
then said that it is not practical for the way this department operates and the size of the 8
department makes the statute extremely burdensome. 9
10
Council Member Marty indicated he is concerned with the power the Commission has to incur 11
expenses for which the City has to pay. 12
13
Council Member Marty commented that he feels both individuals are excellent employees. 14
15
Ayes – 4 Nays – 0 Motion carried. 16
17
Council Member Stigney abstained from voting as he was not prepared to vote at this time. 18
19
2. Resolution 6014 20
21
Handled with previous item. 22
23
I. Resolution 6011, Approval to Proceed with the Department of Justice 24
Universal Hiring Grant Program for Two New Police Officers. 25
26
Chief Sommer indicated the grant application was due by June 6, 2003 and noted that it required 27
a 25% matching grant from the City. 28
29
Mayor Linke thanked Chief Sommer for the report and indicated it answered his questions. 30
31
Council Member Marty indicated that he wishes the City could afford to hire two new officers 32
but, due to budget constraints, the City cannot incur the expense of more employees. 33
34
MOTION/SECOND: Quick/Gunn. To approve Resolution 6011, Approval to Proceed with the 35
Department of Justice Universal Hiring Grant Program for Two New Police Officers. 36
37
Council Member Stigney indicated the City does not know what funding it will have for this year 38
or next year. He then indicated that the City would need to absorb the full cost of those 39
employees after three years and he cannot support this until the funding issue is resolved. 40
41
Council Member Gunn asked what happens if the City receives the grant and cannot fund the 42
25%. 43
44
Mounds View City Council May 12, 2003
Regular Meeting Page 16
Chief Sommer indicated he did not want to proceed unless there is a commitment by the Council 1
to proceed as there is a lot of work involved with submitting the grant application. 2
3
Mayor Linke read an excerpt from Chief Sommer’s memo outlining that there is a two to four 4
hour period every day that there is one officer on patrol and that number drops to zero if the 5
officer has to transport someone to jail. He then said that having one officer on duty poses a 6
significant safety threat as there are certain types of calls that protocol suggests a minimum 7
number of two officers respond to. 8
9
Mayor Linke indicated he understood the need for being fiscally prudent but said he feels the 10
City needs to look at the health, safety, and welfare of its residents and he feels the police 11
department is short staffed and is not doing the job for residents. 12
13
Council Member Stigney indicated this would be an opportunity to restructure the police 14
department does not have that problem. 15
16
Council Member Marty indicated the issue had been raised by the previous Chief and Deputy 17
Chief but the force is as lean as it can be. 18
19
Council Member Quick asked if there would be any retirees within the three-year timeframe. 20
21
Chief Sommer indicated there is the potential for three retirements within this time. 22
23
Ayes – 3 Nays – 2(Stigney/Marty) Motion carried. 24
25
10. REPORTS 26
27
Council Member Quick asked whether there would be a discussion of priorities. 28
29
Mayor Linke indicated that the discussions would occur at another meeting. 30
31
Council Member Marty asked for an update on the soundwall issue. 32
33
Interim City Administrator Ericson indicated that Public Works Director Lee is working on that 34
issue with MNDOT and the League of Minnesota Cities for alternative funding sources. He then 35
said that MNDOT pledged $30,000 of seed money but that is not nearly enough to build the wall. 36
He further commented that Staff is looking at adding a berm north of LaPorte Meadows. 37
38
Council Member Stigney indicated he was copied on a response from Senator Betzhold 39
indicating there is no MNDOT funding. 40
41
Council Member Marty asked for an update on the surveying of the County Highway 10 corridor 42
to determine whether there would be any other issues such as the tree in front of the Mermaid. 43
44
Interim City Administrator Ericson indicated that item is on his list. 45
Mounds View City Council May 12, 2003
Regular Meeting Page 17
1
Council Member Marty asked for an update on the billboards at the golf course. 2
3
Interim City Administrator Ericson indicated that he checks the Supreme Court website and has 4
seen nothing yet. 5
6
Council Member Quick asked if it would be possible to send a letter to the Commissioner of 7
Transportation and ask that the situation be pulled back from the Supreme Court and reviewed. 8
9
City Attorney Riggs indicated that would be possible. 10
11
Council Member Quick asked Staff to do so. 12
13
Council Member Marty commented that he is concerned that the Police Civil Service 14
Commission has the power that it does and the Commissioners are appointed not elected for 15
multiple years. He further commented that he is concerned that the Commission has power over 16
the entire police department that supersedes the City Council. 17
18
Council Member Quick indicated the City Council does the hiring. 19
20
Council Member Stigney had no report. 21
22
Council Member Gunn indicated that she and Mayor Linke attended the DARE graduation at 23
Pinewood. 24
25
Council Member Marty indicated the Mounds View Lions are having a golf tournament at The 26
Bridges Saturday and there are still tee time available. 27
28
Mayor Linke indicated there would be several contests with prizes and the cost is $56.00 for a 29
pair of golfers including tee time, cart rental and meal. 30
31
Council Member Quick asked if a date had been set to discuss the Council priorities. 32
33
Mayor Linke indicated that it could be discussed at the special meeting. 34
35
Mayor Linke indicated he would like to discuss the Police Civil Service Commission at the next 36
work session. 37
38
Mayor Linke indicated he has two applications for the open seat on the Commission but has not 39
recommended an appointment as there are issues with the Commission. 40
41
Council Member Quick indicated the purist definition of what Council is saying is that the Police 42
Civil Service Commission does not fit this type of government. He then said that the 43
Commission recognizes that and agrees with Council. 44
45
Mounds View City Council May 12, 2003
Regular Meeting Page 18
Interim City Administrator Ericson indicated that there would be an all staff meeting Wednesday, 1
May 14, 2003 to discuss long and short-term disability insurance. 2
3
Interim City Administrator Ericson announced that Staff is working with the Fire Department to 4
provide scenario training on two City-owned houses and noted that demolition costs are 5
significantly lower if the site has been burned. 6
7
Interim City Administrator Ericson indicated that the City cannot prohibit guns on its property 8
but can create a policy for employees as well as provide regulations requiring that establishments 9
with a liquor license issued by the City not allow guns. 10
11
Interim City Administrator Ericson indicated he received a report from LELS and they want to 12
begin negotiating on the 2003 contract. He then said that he does not have the experience or time 13
to negotiate the labor contract and asked for authorization to bring in a labor relations firm. 14
15
Mayor Linke agreed but said he would prefer to use someone other than Labor Relations. 16
17
Interim City Administrator Ericson indicated he received a response from Labor Relations 18
regarding the AFSCME letter council received. He then handed out a memo. 19
20
Council Member Stigney indicated that it seemed to him at a previous just and claims there was a 21
billing for Stanton and in this one there was another billing. 22
23
Council Member Marty indicated he had asked Finance Director Hansen that question and was 24
told that the City is required to supply reporting data for Stanton and did not have the time to do 25
so. He then said that Labor Relations had all of the information necessary to complete the report 26
and did so at a cost of $294.00. 27
28
Interim City Administrator Ericson indicated the report is well over 100 pages. 29
30
Mayor Linke indicated that Arden Hills sent a letter concerning the TCAAP property and does 31
not want to see it utilized as a new location for the postal service. He then said that there is a 32
meeting on May 21, 2003 at 5:30 at Arden Hills City Hall to discuss the matter and he will 33
attempt to attend. 34
35
11. APPROVAL OF MINUTES 36
37
A. City Council Minutes April 28, 2003 38
39
Council Member Marty requested the following changes: On Page 5, Line 8 insert the word 40
“but”. On Page 11, Line 5, add a space. On Page 12, Line 2 correct spelling of Fulton. 41
42
Council Member Gunn asked that the spelling of Gammell be corrected throughout the 43
document. 44
45
Mounds View City Council May 12, 2003
Regular Meeting Page 19
MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes of April 28, 2003, 1
as Amended. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
12. Next Council Work Session: Monday, June 2, 2003 6
Next Special Council Meeting: Monday, May 19, 2003 7
Next Council Meeting: Monday, May 12, 2003 8
9
13. ADJOURNMENT 10
11
Mayor Linke adjourned the meeting at 9:27 p.m. 12
13
14
Transcribed and recorded by: 15
16
17
Joan Lenzmeier 18
Timesaver Off Site Secretarial, Inc. 19