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HomeMy WebLinkAboutAgenda Packets - 2003/08/11CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, August 11, 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 for Recognition of City Employees. 7. JUST AND CORRECT CLAIMS 8. CONSENT AGENDA A. Licenses for Approval B. Resolution No. 6070 Approving the Request to the Mounds View Lions Charitable Gambling Committee C. Set a Public Hearing for 7:05 PM, Monday, September 8, 2003 to receive public input and pass upon a Special Assessment Levy for Delinquent Public Utility Accounts D. Set a Public Hearing for 7:10 PM, Monday, September 8, 2003 to receive public input and pass upon a Special Assessment Levy for Street Repairs at 7832 Bono Road E. Set a Public Hearing for 7:15 PM, Monday, September 8, 2003 to receive public input and pass upon a Special Assessment Levy for County Road H2 Street Improvement Project F. Set a Public Hearing for 7:20PM, Monday September 8, 2003 to Consider the First Reading of an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the year 2004 G. Set a Public Hearing for 7:25PM, Monday September 8, 2003 to Consider the First Reading of an Ordinance Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the year 2004 H. Resolution 6072 Reaffirming Opposition to the Postal Facility at the TCCAP Site 9. COUNCIL BUSINESS 10. APPROVAL OF MINUTES A. City Council Meeting, July 14, 2003. B. City Council Meeting, July 28, 2003. City Council Meeting August 11, 2003 Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Tuesday, September 2, 2003 Next Council Meeting: Monday, August 25, 2003 13. ADJOURNMENT Item No: 08A Meeting Date: August 11, 2003 Type of Business: CA City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 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. Aurora Asphalt & Sealcoating – Asphalt – New Commercial Plumbing & Heating – HVAC – Renewal Ettel & Franz Roofing Company – General (Commercial) – New Staff Recommendation: Approve license applications as requested. Respectfully submitted, ________________________ Barb Benesch Reviewed by City Administrator: ________ PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 July 14, 2003 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 8:03 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, July 14, 2003 City Council Agenda. 20 21 MOTION/SECOND: Marty/Quick. To Approve the Monday, July 14, 2003 Agenda as 22 Presented. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 5. PUBLIC INPUT 27 28 None. 29 30 6. SPECIAL ORDER OF BUSINESS 31 32 7. JUST AND CORRECT CLAIMS 33 34 A. Just and Correct Claims 35 36 Council Member Gunn asked why Check Number 111254 was listed twice. 37 38 Interim City Administrator Ericson explained that it is a twin home and the address is the same 39 with an A and B designation. 40 41 Council Member Stigney asked for clarification as to why there were three invoices for Will Kill. 42 43 Public Works Director Lee indicated that the first two were for the Community Center and City 44 Hall for June and the third was for City Hall for July. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 2 1 Council Member Stigney asked for clarification of a golf course charge for a golf outing. 2 3 Golf Course Manager Burg explained that the charge is for a golf meeting and indicated that 4 those attending the meeting are allowed to golf for free after the meeting. 5 6 Mayor Linke commented that there was a charge for the League of Minnesota Cities in the 7 amount of $10,000 on the Hammerscmidt matter and asked if that was the City’s deductible. 8 9 Interim City Administrator Ericson indicated that the $10,000 is the City’s deductible on that 10 matter. 11 12 MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 8. CONSENT AGENDA 17 18 A. Licenses for Approval 19 B. Consideration of Resolution 044 Approving the Renewal of the 2003-2004 School 20 Resource Officer Agreement with the Cities of Mounds View and New Brighton 21 and ISD #621 22 C. Consideration of Resolution 6045 Authorizing Purchase of Police Rifles, Cases, 23 Ammunition and Mounting Equipment 24 D. Consideration of Resolution 6054 Authorizing the 2003 Contract with the Festival 25 in the Park of Mounds View Organization 26 E. Set a Public Hearing for 7:05 p.m., Monday, July 28, 2003 to Consider the Second 27 Reading and Adoption of Ordinance 717 Amending Mounds View Liquor License 28 Provisions 29 F. Consideration of Resolution 6055 Approving Reinstatement of Forfeited Vacation 30 Hours for Jim Ericson, Interim City Administrator 31 G. Consideration of Resolution 6056 Proclaiming Support of County-Wide 800 MHz 32 Digital Trunked Communications System 33 H. Resolution 6048 Authorization to Partner with Ramsey County Sheriff’s 34 Department in Pursuing a Grant Under the Safe and Sober Program 35 I. Resolution No. 6043 Approving the Contract Award for the Annual Automatic 36 Sprinkler Systems Within City Buildings 37 J. Resolution No. 6049 Approving the Execution of a Cost Participation Agreement 38 with the City of Spring Lake Park for Seal Coating Spring Lake Road 39 K. Resolution No. 6050 Approving the Execution of a Pathway Easement with Dale 40 Siebrecht (7310 Silver Lake Road) for the County Road H2 Pathway 41 L. Resolution No. 6051 Authorizing the Preparation of a Preliminary Feasibility 42 Report for a Sedimentation Pond in Silver View Park 43 Mounds View City Council July 14, 2003 Regular Meeting Page 3 M. Resolution No. 6052 Authorizing the Firm of Ulteig Engineers, Inc., to Assist in 1 the Preparation of Plans and Cost Estimates for Noise Abatement Measures 2 (Walls and Berms) Along Trunk Highway 10 3 N. Resolution No. 6057 Authorizing a Step Increase for Michael Sommer, Chief of 4 Police 5 O. Resolution 6058 Authorizing a Step Increase for Mary Burg, Golf Course 6 Manager 7 P. Resolution No. 6063 Approving an Application to Conduct Excluded Bingo for 8 Festival in the Park of Mounds View 9 10 Council Member Stigney requested that Items E, N, and O be removed for discussion. 11 12 Council Member Marty requested that Item F be removed for discussion. 13 14 MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Items A, B, C, D, G, H, I, J, 15 K, L, M, and P as Presented. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 Council Member Stigney indicated that he would like to have the City take extra steps other than 20 the required minimum notice to inform residents that the City is considering amending its 21 Ordinance to allow a 2:00 a.m. bar closing. 22 23 MOTION/SECOND: Stigney/Gunn. To Direct Staff to Place Notice on the Water Bill and 24 Request Input From Residents on the 2:00 a.m. Closing. 25 26 Council Member Marty asked when the next water bill would go out. He then said that there has 27 been notice on the City’s website and the City has received some feedback on the issue. 28 29 Council Member Quick asked if it has been on the sign. 30 31 Interim City Administrator Ericson indicated that it has been scrolling on the cable channel, Staff 32 posted notice with the Bulletin, and it is on the website. He then said that Staff has gotten many 33 responses from an email that was sent out to those whose email address the City has. 34 35 Council Member Stigney indicated he felt that the water bill would inform more residents. 36 37 Council Member Quick indicated that approximately 45% of the City does not get a water bill 38 because they live in apartments or the manufactured home park. 39 40 Council Member Stigney indicated that he would like to use the water bill to solicit input from 41 residents because it would notify at least half of the City. He also said he would like to have 42 Staff post notice at the apartment buildings and manufactured home parks to reach those 43 residents. 44 45 Mounds View City Council July 14, 2003 Regular Meeting Page 4 Council Member Quick asked where the City’s responsibility to inform ends and resident 1 responsibility to be informed begins. 2 3 Mayor Linke commented that the H2 redevelopment was on the front page of the newspaper but 4 there were residents at the meeting voicing concern that they were not aware of the proposal. 5 6 Council Member Gunn asked if the City could post notice at the apartments in the lobby. 7 8 City Attorney Vose indicated that the City has a standard practice for giving notice of important 9 events by posting notice and publishing notice to inform residents. He then said that he would be 10 concerned about taking action on a given issue and providing a different kind of notice for that 11 issue. He further commented that reconsidering the City’s policy on notification would be 12 appropriate but different notice for specific issues could lead to more confusion and he would not 13 recommend it. 14 15 Ms. Shelberg of 5045 Rainbow Lane indicated she was a cocktail waitress for 28 years and she 16 lives behind the Mermaid and a 2:00 a.m. closing will put more intoxicated drivers driving down 17 the streets causing problems and noise for them to deal with. 18 19 Council Member Stigney indicated the City has previously used the water bill method of 20 soliciting comments from residents so it would not set a precedent of doing something that has 21 not been done before. He then said that his motion is to put something on the water bill but he 22 would like to go farther by posting notice on the bulletin boards at the apartments, City Hall, and 23 the manufactured home parks and a notice in Mounds View Matters. 24 25 Mayor Linke asked what the percentage of response was. 26 27 Interim City Administrator Ericson indicated that he remembered using the water bill at one time 28 to survey residents about internet usage and the response was in excess of 25%. 29 30 Council Member Marty asked how much it would cost. 31 32 Interim City Administrator Ericson indicated that Staff would be able to generate the message 33 internally. 34 35 Ayes – 1(Stigney) Nays – 0 Motion failed. 36 37 MOTION/SECOND: Stigney/Gunn. To Advertise in the Mounds View Matters and Solicit 38 Input from Residents on the 2:00 a.m. Closing and to Provide Notice on the Bulletin Boards at 39 the Manufactured Home Parks, Apartments, and City Hall. 40 41 Council Member Marty asked if Staff knew when the bulletin board would be repaired out front. 42 43 Public Works Director Lee indicated he would look into it. 44 45 Mounds View City Council July 14, 2003 Regular Meeting Page 5 Council Member Quick indicated that this matter would need to be postponed because the 1 Mounds View Matters will not go out for a number of weeks. 2 3 Mayor Linke indicated that it takes two months to get something into the Mounds View Matters. 4 5 Council Member Stigney indicated he felt it is important enough, regardless of the delay, to 6 solicit input from residents. 7 8 Ayes – 2(Gunn/Stigney) Nays – 3 Motion failed. 9 10 MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Item E as Presented. 11 12 Ayes – 4 Nays – 1(Stigney) Motion carried. 13 14 Mayor Linke indicated the City has a policy limiting the number of hours Staff can carry over 15 from year to year and Mr. Ericson lost hours because he was unable to take his vacation due to 16 his additional duties as Interim City Administrator and this Resolution would reinstate those 17 hours. 18 19 Council Member Marty indicated that he had pulled this item to recognize Mr. Ericson for doing 20 an outstanding job. 21 22 MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 6055 23 Approving Reinstatement of Forfeited Vacation Hours for Jim Ericson. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 Interim City Administrator Ericson read Resolution 6057. 28 29 MOTION/SECOND: Marty/Quick. To Approve Resolution 6057, Authorizing a Step Increase 30 for Michael Sommer, Chief of Police. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 Council Member Council Member Stigney read Resolution 6058. 35 36 MOTION/SECOND: Marty/Quick. To Approve Resolution 6058, Authorizing a Step Increase 37 for Mary Burg, Golf Course Manager. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 9. COUNCIL BUSINESS 42 43 A. Consideration of Resolution 6046 Authorizing Staff to Advertise for a Part 44 Time Community Service Officer (CSO) in the Police Department. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 6 1 MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6046, a 2 Resolution Authorizing Staff to Advertise for a Part Time Community Service Officer in the 3 Police Department. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 B. Consideration of Resolution 6059 Authorizing Retainer Agreement with 8 Kennedy & Graven. 9 10 Interim City Administrator Ericson indicated that Kennedy & Graven has suggested it may be 11 possible to have a City Attorney present for only one meeting per month and that would affect 12 the monthly retainer amount. He then suggested that Council discuss the matter and advise Staff 13 as to how to proceed. 14 15 Mayor Linke indicated he would like to see what the cost savings would be to have the Attorney 16 at only one meeting per month. He then indicated he would like to amend the agreement to 17 indicate that only one automatic extension is allowed before Council has to look at the agreement 18 and go out for proposals. 19 20 MOTION/SECOND: Linke/Marty. To Postpone this Matter. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 C. Consideration of Resolution 6042 Approving the Preliminary County Road 25 H Sidewalk Feasibility Report and Ordering the Improvement Project. 26 27 Public Works Director Lee indicated he was unable to obtain information on the number of 28 children attending Sunnyside that live on the north side of H and west of Silver Lake Road as 29 school officials are on summer break. He then said that he is aware that there are 44 walkers. 30 31 MOTION/SECOND: Quick/Gunn. To Remove Resolution 6042 from the Table for Discussion. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 Patrick Minkhouse of 5132 Eastwood Road asked what became of the argument against the 36 sidewalk because there is already a sidewalk on one side. 37 38 Mayor Linke indicated that all of the information was taken under consideration and Council felt 39 at the last meeting that it needed more time to digest and further review all the information that 40 was provided. 41 42 Steve Borden of 3009 County Road H indicated he spoke at a previous meeting to say this is not 43 a cost effective way to get the kids across the street. He then said that he has talked to his 44 attorney and his attorney suggested that some of the people that would lose their driveway and 45 Mounds View City Council July 14, 2003 Regular Meeting Page 7 lose the right to park in the driveway could potentially sue the City for being deprived of the use 1 of their property and that could be a big cost impact to the City. 2 3 Mayor Linke asked the City Attorney to comment on the use of the County right-of-way. 4 5 City Attorney Vose indicated that it would be difficult to comment definitively as he does not 6 have all of the information but said that he feels there is relatively little risk to the City in this 7 matter. 8 9 Angela Olson of 5046 Longview Drive brought up that the plan does not budget for replacement 10 of trees and they were told that trees were to be replaced. She then said that the City has 150 11 trees to replace on her property line. She then said that she has heard of other cities that have had 12 to replace lost privacy so she is asking the City to put a privacy fence on her property. 13 14 Public Works Director Lee explained that tree replacement only applies to trees that may be 15 removed or damaged that are on private property not within the right-of-way. 16 17 Ms. Olson indicated that at the informational meeting residents were told that trees lost would be 18 replaced and it was not specified that those trees had to be on their property. 19 20 Council Member Quick commented that if there is root damage to a tree on private property due 21 to work in the right-of-way and that tree dies it would be removed and replaced by the City. 22 23 Deb _____ of 5046 Long Lake Road indicated that her driveway is one of the ones that would be 24 cut in half and she has not gotten any response from the City as to what to do about that. 25 26 Council Member Stigney asked the City Attorney to comment on the driveway issue. 27 28 City Attorney Vose indicated he did not have all the specific facts but said that the right-of-way 29 is dedicated to uses including streets and sidewalks and is not to be used for private parking. He 30 then commented that residents seem to be making political claims on Council attention but that is 31 not the legal issue as the right-of-way is intended for streets and sidewalks and is not owned by 32 the private property owners. 33 34 Elizabeth Shelberg 5045 Rainbow Lane indicated she feels the sidewalk will make things less 35 safe because drivers will have to stop at the sidewalk and check for pedestrians and then try to 36 get out on H that is already very difficult to do. She then said she has seen adults having trouble 37 crossing the street and she does not think it is a good idea to have the children crossing. She 38 further commented that she feels that someone is going to get hurt with this proposal. 39 40 Michael Maroni of 5045 Brighton Lane commented that County Road H has gotten very busy in 41 the last 13 years that he has lived here and he feels it is dangerous to route children along a busy 42 street. He then said the City should reconsider whether it is a good idea to have children walking 43 along a street that has 6000 cars driving on it and whether it is prudent to spend half a million 44 dollars on this sidewalk. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 8 1 Mayor Linke explained that TIF funds would be used for the sidewalk and then explained how 2 those funds are obtained. 3 4 Mr. Maroni said he felt the City needed to look into this further because he does not think it 5 solves the safety for children issue. He then said he felt it was inappropriate for the school 6 district to send representatives supporting this proposal when they do not live in, or pay taxes in 7 this City. He further commented that the City should consider where it is routing children and he 8 feels parents should be responsible to watch their kids not the City. 9 10 Kent Reed of 2833 County Road H indicated that the real issue is getting the kids across the 11 street. He then asked that Council deny approval of the sidewalk but, if that is not done, he asked 12 that any approval be contingent upon County approval for crosswalks to get the children across 13 the street to the sidewalk. He further commented that a sidewalk without the crosswalk solves a 14 problem for a few children but creates a larger hazard for the majority. 15 16 Mayor Lin ke asked if the City needs approval to paint a crosswalk on County Road H. 17 18 Public Works Director Lee indicated that the City would need County approval. He then said 19 that the City has requested approval in the past and been denied. He further commented that the 20 City recently requested approval for traffic signals in front of the school and that request was 21 denied. 22 23 Leonard Gustafson of 5126 Greenwood Drive indicated that this issue, much like the 2:00 a.m. 24 closing issue affects a lot of people and he suggested soliciting input from residents before 25 making the decision. 26 27 Council Member Gunn indicated that she does not understand why the County is against putting 28 crosswalks across H and she would like to ask the County why they are against it. 29 30 Public Works Director Lee indicated that it is his understanding that the County does not want to 31 slow down or inhibit traffic flow on County Road H. 32 33 Ms. Shelberg thanked the police department for putting the speed traps on County Road H and 34 noted that at least 30 people have been tagged. 35 36 Jerry Blanski of 2933 Wooddale Drive indicated he did not want to be here again but has to be 37 able to say he expressed his thoughts. He then said he has no interest in this project other than as 38 a concerned resident of the City and he is in opposition to this project especially at this time for 39 all the reasons previously given. 40 41 Mr. Blanski indicated that those in favor of this can be counted on one hand and the opposition is 42 much greater. He then asked where those residents that are in favor of this or who are concerned 43 about their children walking are and why they are not here expressing their opinion. 44 45 Mounds View City Council July 14, 2003 Regular Meeting Page 9 Mr. Blanski indicated that a gentlemen living on County Road H west of Silver Lake Road said 1 he never saw children walking on County Road H and the reason is because 7 families van their 2 children to school because will not allow them to walk without sidewalks. He then said that, if 3 that is true, where are those families and why are they not here advocating the sidewalk. Is it 4 because they will not allow their children to walk regardless of whether there is a sidewalk. He 5 further commented that this is not a safety issue but a bussing issue. 6 7 Mr. Blanski indicated he had four daughters and he would not have allowed them to walk ¾ to ½ 8 mile to school unescorted. He then suggested that Council and interested residents begin 9 attending school board meetings to get bussing restored. 10 11 Mr. Blanski indicated that he is not aware of any accidents without the walk but there very well 12 could be accidents with 32 driveways crossing it. He then said that a comment was made “if we 13 build it they will come” and he has a hard time digesting that statement. 14 15 Mr. Blanski commented that during these difficult economic times City money, regardless of 16 how or where it comes from, should be saved for other uses. He then said that as elected officials 17 he asks them to vote for those that are concerned and not those that are affected or those that care 18 less and never show up for a meeting. He further commented that he does not feel this should go 19 forward at this time and that the City should get resident input and comment before spending 20 money on plans and specifications as has already been done. 21 22 Dan Moon of 6929 Pleasantview Drive indicated that he is in favor of the sidewalk to make the 23 area safer for walkers and to provide a way to travel into Fridley because he likes to walk and 24 ride bike with his kids and a sidewalk would make it safer and easier to do that. 25 26 Rich Sonterre of 5060 Red Oak Drive indicated that he is in favor of the sidewalk and he is one 27 of the parents that would be impacted in terms of ability to get to and from school more safely. 28 He then said that this path does fit the Comprehensive Plan to connect neighborhoods that are 29 west of Silver Lake Road to those east of Silver Lake Road. 30 31 Mr. Sonterre commented that the City is going to have a commitment to creating this type of 32 project and the costs that involves so he asks, if not now, when? He then said that the economic 33 opposition to the project stems from the tough economic times but, in this case, these funds are 34 available for this type of project and not for assisting with the City’s budget problems. He 35 further commented that he does not want the City to be placed in a position of putting the 36 sidewalk in as a reaction to an accident or injury and hopes that economics is not the reason the 37 City would deny approval of the sidewalk. 38 39 Mr. Sonterre indicated that he spoke with someone from Ramsey County today regarding 40 ongoing discussions about the reconstruction of County Road H and it looks like it is six years 41 off and when it is done it will not incorporate a meaningful expansion to the roadway. So, if the 42 City were to put in a sidewalk, it would not be impacted by a road reconstruction. However, if 43 Ramsey County puts in a sidewalk at their expense, it will be an eight (8) foot wide bituminous 44 path paid for by the County and assessed to the property owners. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 10 1 Mr. Sonterre indicated that 99% of the opposition to this project is from people who have homes 2 or yards that are impacted by the sidewalk and he feels that is misguided because in a world of 3 lesser evils he feels the sidewalk is less of an evil because it would move people through the 4 community in a safer manner. He further commented that those residents with shrubs inside the 5 right-of-way are obstructing a sign that warns motorists of a stop sign up ahead and he feels that 6 public works should be asked to look into it. He then asked Council to remember that it needs to 7 make a decision based on the good of the whole community and not just the few that are opposed 8 to this because of impacts to their yards. 9 10 Mr. Sonterre indicated that the sidewalk benefits the City on the whole and the obstacles can be 11 overcome. 12 13 Jerry Blanski responded to the comment that only those that are negatively affected have 14 commented by asking where are the parents of the 44 children that this is supposed to protect. 15 16 Patrick Minkhouse of 5132 Eastwood Road indicated he had spoken earlier and wanted to make 17 it known that he is against this sidewalk because there is a parallel sidewalk on the New Brighton 18 side and he does not feel it helps with safety to put children in a position where they have to cross 19 the road. He further commented that he polled his children and they told him that all of their 20 friends walk along Woodcrest and cut over to Sunnyside. He also indicated that he would 21 support a sidewalk from Silver Lake Road through the area that does not already have a sidewalk 22 on the other side. 23 24 Cindy Anderson of 5101 Sunnyside indicated she came to Mounds View for the school district 25 and she loves sidewalks. She has a corner lot and she would not recommend kids walking down 26 Woodcrest because the traffic travels too fast. She then said she is for the sidewalk especially on 27 the other side of Silver Lake Road where there is nothing. 28 29 Council Member Stigney indicated he does not believe the safety justifications have been made 30 for this project by putting in a parallel sidewalk. 31 32 MOTION/SECOND: Stigney/Marty. To Deny Resolution 6042, a Resolution Approving the 33 Preliminary County Road H Sidewalk Feasibility Report and Ordering the Improvement Project. 34 35 Council Member Marty indicated that he does not feel that this is the time to put in a sidewalk in 36 this location because there is already a sidewalk on the other side. He then said that he has heard 37 discussions from those living on the west side of the City about having a pathway go up Silver 38 Lake Road because the kids do not have a way to get north and south and every now and then 39 you can see a stray 10 year old biking down the road. 40 41 Council Member Quick indicated he is for the sidewalk because in time the one along Silver 42 Lake Road will come but that will be major reconstruction and there is no place to put one now. 43 44 Council Member Gunn asked how close to the street the sidewalk is allowed. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 11 1 Public Works Director Lee indicated that the sidewalk needs to be four feet from the edge of the 2 existing pavement. 3 4 Mayor Linke indicated he is opposed to this motion because he had a lot of people speaking 5 against this and what people are talking about is how they want to move sidewalk to a different 6 street so their yards are not impacted. He then said that he is looking at this from a safety 7 standpoint and is less concerned with the impact to trees and shrubs than he is with providing 8 safe walkways for residents to travel within the community. He further commented that there 9 was a terrible tragedy on Highway 10 because nothing was done about safety and he does not 10 want that to happen in this situation so, if it saves one kid, it is worth the money to put the 11 sidewalk in. 12 13 Mayor Linke indicated that the sidewalk is needed on the north side to get the kids down to the 14 school where there are crossing guards to assist them with crossing. 15 16 Council Member Gunn indicated that trailways is part of the comprehensive plan so they are 17 coming sooner or later. She then said that she lives on a busy street and assumes that a sidewalk 18 will be coming to her street too. She further commented that this is not just a safety issue for the 19 kids but for the whole community because the sidewalk will allow families to travel to other 20 areas within the community safely. 21 22 Council Member Gunn indicated she would prefer a five (5) foot pathway because it would be 23 less of an impact to the property owners. 24 25 Council Member Marty indicated that if there is a sidewalk approved he would favor the five (5) 26 foot width but the City does not have any equipment to service it so that would add an expense to 27 purchase equipment. 28 29 Council Member Gunn suggested contracting with New Brighton for services. 30 31 Council Member Marty agreed that more trailways will enhance the City but said he does not feel 32 that this is the time to do it. 33 34 Council Member Gunn questioned whether residents would like the City to put in the sidewalk or 35 wait for the County to do so and put in an eight (8) foot wide path that residents are charged for. 36 37 Council Member Quick indicated that this is a right-of-way not an easement and residents do not 38 have any control over the right-of-way. He then said that he considered the five foot path but 39 feels that it may be too narrow for a family to walk or bike on if you have to pass others on it. 40 His other concern is that the City would have to purchase a piece of equipment to maintain it. 41 42 Ayes – 2 Nays – 3(Linke/Quick/Gunn) Motion failed. 43 44 Mounds View City Council July 14, 2003 Regular Meeting Page 12 MOTION/SECOND: Quick/Linke. To Approve Resolution 6042, a Resolution Approving the 1 Preliminary County Road H Sidewalk Feasibility Report and Ordering the Improvement Project 2 with a Six and a Half Foot Wide Concrete Path and Utilizing TIF Funds. 3 4 Mayor Linke apologized for getting worked up about the sidewalk safety issue but said he 5 predicted the Highway 10 tragedy and he does not want to see it happen again. 6 7 Council Member Quick indicated he would prefer concrete unless blacktop works better in other 8 areas. 9 10 Council Member Stigney asked how wide the sidewalk on Long Lake Road is. 11 12 Public Works Director Lee indicated it is seven feet wide. 13 14 Council Member Stigney asked how wide the County path would be. 15 16 Public Works Director Lee indicated it has been the County’s procedure to require an eight-foot 17 wide path. 18 19 MOTION/SECOND: Stigney/Marty. To Amend the Motion on the Floor to Bituminous and 20 Limit the Sidewalk to from Silver Lake Road West to the City Limits with it Being Six and a 21 Half Feet Wide. 22 23 Ayes – 2(Marty/Stigney) Nays – 3 Motion failed. 24 25 MOTION/SECOND: Stigney/Gunn. To Amend the Motion on the Floor to Bituminous Rather 26 than Concrete and That the Width be Six and a Half Feet. 27 28 Council Member Marty asked how long the bituminous would last. 29 30 Public Works Director Lee indicate the life expectancy for bituminous is 15 to 25 years and with 31 concrete it is 40 to 50 years. 32 33 Council Member Marty commented that the money spent now is more but it would require less 34 upkeep and last longer than the bituminous. 35 36 Council Member Stigney commented that it is much more expensive to put in concrete and, as 37 long as we are discussing money, he sees no reason that the City could not use TIF funds in the 38 future to pay for the sidewalk rather than telling residents if it is not done now they will have to 39 pay for it. 40 41 Mayor Linke commented that, if the County puts the sidewalk in, then the residents would be 42 assessed. 43 44 Council Member Quick indicated the amount is assessed to the property owners by the County. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 13 1 Council Member Quick indicated that concrete is less expensive in the long run and the TIF 2 districts are running out in the near future and he does not plan on voting to extend them. 3 4 Council Member Stigney indicated that concrete is the most expensive for initial cost. 5 6 Ayes – 1(Stigney) Nays – 4 Motion failed. 7 8 MOTION/SECOND: Gunn/Marty. To Amend the Motion on the Floor to a Five Foot Wide 9 Sidewalk of Concrete. 10 11 Council Member Gunn indicated that it is possible to contract with New Brighton for the 12 maintenance of the five-foot wide path rather than purchasing new equipment right away. She 13 then said that she feels that the concrete will last longer and save money over time. 14 15 Public Works Director Lee indicated that the City currently has 12.5 miles of paths to maintain 16 and it is estimated that the City will have another 12.5 in the future so the City will eventually 17 need a piece of equipment to maintain trails other than the bobcat. 18 19 Council Member Stigney told residents that it is apparent that they are getting a sidewalk and 20 said he would support this motion for the five foot one because it is less of an impact to the 21 residents. He then said he would like the City to look at contracting with New Brighton to 22 maintain the trail rather than purchasing equipment. 23 24 Mayor Linke indicated that there is a TIF savings to construct five foot versus the six and a half 25 foot but that savings cannot be used for the purchase of equipment so the City would have the 26 full $70,000 expense for that equipment. 27 28 Ayes – 2 Nays – 3(Linke/Marty/Quick) Motion failed. 29 30 Ayes – 3 Nays – 2(Marty/Stigney) Motion carried. 31 32 D. First Reading and Introduction of Ordinance 717 Amending the City Code 33 Related to Closing Time of Licensed On-Sale Liquor Establishments. 34 35 Interim City Administrator Ericson indicated this item is before Council at the request of Mr. 36 Hall for an Ordinance change to allow for the 2:00 a.m. closing time. He then said that a 37 representative of Jake’s is present to comment as well. 38 39 Interim City Administrator Ericson indicated that this item is set for first reading tonight and for 40 public hearing on the second reading on July 28, 2003. 41 42 MOTION/SECOND: Quick/Marty. To Waive the Reading, Introduce the First Reading and 43 Approve Ordinance 717, an Ordinance Amending the City Code Related to Closing Time of 44 Licensed On-Sale Liquor Establishments. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 14 1 Council Member Stigney indicated that he does not feel that Council is soliciting public 2 information and comment on the issue so he does not support it at this time. 3 4 Mayor Linke indicated that public comment would be taken at the public hearing. 5 6 Council Member Stigney indicated that the public hearing is the legal minimum that is required 7 but he is talking about going out and notifying residents so he takes offense to the legal 8 minimum. 9 10 Kent Reed of 2833 County Road H indicated that he thinks Council should solicit public 11 comment. He then commented that this 2:00 a.m. closing was brought forth by the state 12 legislature to promote tourism and he does not see the benefit for the City. He finished his 13 comments by saying that “nothing good happens after midnight anyway” as his parents used to 14 tell him. 15 16 Rick, the Operations Director for Jake’s Restaurant addressed Council and indicated that not 17 being able to be open until 2:00 a.m. harms them not because of the money they lose from 1:00 18 a.m. to 2:00 a.m. but because customers will leave at 11:00 or 12:00 to go somewhere that is 19 open until 2:00 a.m. and that would hurt their business. He further commented that they are 20 intending to make more improvements to their business to expand but really need the City’s 21 support of the 2:00 a.m. closing in order to make it feasible for them to do so. 22 23 Council Member Stigney indicated that taxpayer money would be used to allow the 2:00 a.m. 24 closing. He then said that there are an additional 50 state highway patrol if the required number 25 of bars sign up for the later closing but those are not within the metro area so the City picks up 26 the extra costs for allowing the later closing. He further commented that there has been some 27 concern that the City will incur additional overtime charges due to the way shift change is set up 28 and, if someone picks up a DUI suspect they have to stay to finish processing. 29 30 Council Member Marty commented that Council approved partnering with Ramsey County for 31 the safe and sober program and there should be grant money available through that program. He 32 then said he had discussed the matter with Mr. Ericson and there is the possibility of adjusting 33 policing shifts and raising licensing fees to cover the additional costs. 34 35 Mr. Sonterre suggested tabling this debate for further research. He then said that he would like to 36 know what happens in other cities that approve the later closing and what is approved. He 37 further commented that the argument made at the state level was that the intoxicated people 38 would filter out over a longer period of time rather than the later closing increasing the number of 39 intoxicated people. But, only time will tell. 40 41 MOTION/SECOND: Stigney/Gunn. To Postpone This Matter Until there is Information from 42 Adjacent Cities on What is Approved and How that Impacts those Cities. 43 44 Ayes 2 (Stigney/Quick) Nays – 3(Linke/Marty/Gunn) Motion failed. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 15 1 Ayes – 4 Nays – 1(Stigney) Motion carried. 2 3 Council Member Quick asked Staff to discuss this with the Chief of Police. 4 5 Council Member Stigney asked Staff to provide any information from adjacent cities that have 6 changed to the 2:00 a.m. closing. 7 8 E. Appeal of Planning Commission Denial of Parking Lot Setback Variance for 9 Stephen Farrell, 2402 County Road I and Consideration of an Amendment to 10 Resolution 5527 Regarding Outside Storage of Garbage Containers. 11 12 Interim City Administrator Ericson explained that this matter is a long running dispute between 13 the property owner, neighbors and the City. He then explained that the issue stemmed from a 14 lack of parking after Mr. Farrell purchased the building from Mr. Mezzenga realizing he did not 15 have enough parking for the intended uses but assuming he could utilize on street parking on 16 Greenfield. Mr. Farrell was encouraged by the City Council to apply for a variance but that 17 variance was denied by the Planning Commission because the Commission felt that the hardship 18 requirement could not be satisfied. 19 20 Interim City Administrator Ericson indicated that Mr. Farrell also requested a modification to the 21 original resolution for development of the building in that the original one required that the 22 garbage be kept inside and he would like to keep it outside. 23 24 Interim City Administrator Ericson indicated that Resolution 6050 would overturn the Planning 25 Commission denial of the variance. He then said that Mr. Zwirn who is the neighboring property 26 owner as well as a Planning Commissioner was at the meeting earlier and had asked that he 27 convey that he would prefer that the variance denial be upheld and the garbage required to be 28 maintained inside. 29 30 Council Member Marty asked whether Mr. Farrell has worked with the people in the area to try 31 and accommodate the concerns. 32 33 Interim City Administrator Ericson indicated that while he cannot speak for the neighbors he 34 understands from them that Mr. Farrell has not been working with the neighbors. He then said 35 that the parking situation has improved since part of the street was posted as no parking but there 36 is still the issue with the fence. He further commented that Mr. Farrell was issued a ticket 37 regarding the outstanding compliance issues. 38 39 Council Member Marty indicated there was nothing in the Resolution about the garbage. 40 41 Interim City Administrator Ericson indicated that a motion by Council to deny Mr. Farrell’s 42 request to amend would be sufficient on the garbage issue. 43 44 Council Member Marty asked about the gap in the fence. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 16 1 Interim City Administrator Ericson indicated that there is nothing in the original documents to 2 address that. Fencing was installed in the front but not in the back so people hop through and go 3 to Sams. He then said that the fencing was an agreement reached with the previous property 4 owner. 5 6 Mayor Linke indicated that he thinks there should be a variance but he feels the development 7 agreement states that the garbage goes inside and that is how it should remain. He then said that 8 it was, or should have been, incumbent upon him to know what the encumbrances are and he has 9 to live by that encumbrance. 10 11 Council Member Stigney indicated he is for keeping the garbage indoors but is for supporting the 12 Planning Commission because they could not find hardship and Council is subject to the same 13 hardship requirements of the Planning Commission. 14 15 Council Member Marty indicated he supports the Planning Commission decision on this and he 16 thinks the garbage inside will provide one additional parking place. 17 18 Mayor Linke indicated that he supports this variance because either Council or the Planning 19 Commission made an error in allowing reduced parking and he feels Council should correct that 20 error. 21 22 MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6050 as 23 Presented. 24 25 Council Member Stigney indicated that he does not feel it is appropriate to blame the Planning 26 Commission or Council for the existing parking situation. He then asked how this came to be. 27 28 Interim City Administrator Ericson indicated that the Planning Commission had granted the 29 variance due to assurances from the property owner that the City’s required parking was too 30 much for the building and the site was small so it was difficult to lay out for more parking. He 31 then said, in hindsight, the Commission should have sized the building down and left the parking 32 requirement as is. 33 34 Council Member Stigney asked whether Staff brought those issues to the attention of the 35 Commission. 36 37 Interim City Administrator Ericson indicated that Staff went along with the decision at that point. 38 39 Ayes – 3 Nays – 2(Marty/Stigney) Motion carried. 40 41 MOTION/SECOND: Linke/Marty. To Uphold the Previously Approved Resolution that 42 Requires that the Garbage Remain Inside the Building. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 17 1 F. Consideration of Resolution 6047 Authorizing Staff to Purchase a New 2 Greens Mower for the Golf Course. 3 4 Golf Course Manager Burg indicated that the old mower could be kept and the attachments used 5 for the new mower. She then said that the Jacobsen was chosen for ease of maintenance. 6 7 Council Member Stigney asked about the status of the aerator. 8 9 David Parker indicated that it is not presently used and said that it is not a particularly desirable 10 piece of equipment and would be hard to sell. 11 12 Council Member Quick indicated that there was a mistake made on the specs and the soil was 13 compacted too tightly and this machine was used to break down the soil and loosen it up and, in 14 doing so, found large amounts of construction debris that was not supposed to be there. He then 15 asked whether the City still has a need to aerate the soil as deeply as that machine does. 16 17 Golf Course Manager Burg indicated that it may be necessary in the future to utilize that 18 depending upon weather conditions and how that affects the turf. 19 20 Council Member Quick asked how much it was worth. 21 22 Mr. Parker indicated $2,000 to $3,000. 23 24 Council agreed to keep the machine as it is not worth selling and it may be utilized some day. 25 26 Council Member Quick indicated that Council was told this would be a money making machine 27 as other courses in the area would want to rent it. He then asked Staff to determine whether that 28 is true. 29 30 Golf Course Manager Burg indicated she would look into it and said there is a listing she can 31 advertise in. 32 33 Council Member Stigney asked whether Staff has contacted the course in Burnsville to buy 34 equipment they are getting rid of. 35 36 MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6047, a 37 Resolution Authorizing Staff to Purchase a New Greens Mower for the Golf Course. 38 39 Council Member Stigney suggested a friendly amendment to check to see if the Burnsville course 40 has one available before purchasing the new one. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 Mounds View City Council July 14, 2003 Regular Meeting Page 18 Golf Course Manager Burg indicated she would look into the Burnsville course closing and 1 provide information back to Council. 2 3 G. Resolution No. 6053 Authorizing a Contract Award to Repair the 4 Gymnasium Floor at the Community Center. 5 6 Public Works Director Lee indicated that lightening struck the roof of the Community Center 7 causing a hole that allowed water to damage the gymnasium floor. He then recommended 8 approval of the contract for repairing the floor. 9 10 City Attorney Vose indicated that quotes were sought rather than bids as the amount was below 11 the statutory amount requiring bids. 12 13 Council Member Marty asked whether the City Hall claim was being included with the claim at 14 the Community Center. 15 16 Public Works Director Lee indicated that they are looking into lumping them into one claim but 17 they are not sure yet if that will work. 18 19 Council Member Stigney asked whether the roof patch would be permanent or temporary. 20 21 Public Works Director Lee indicated that it would be a permanent repair. 22 23 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6053, a 24 Resolution Authorizing a Contract Award to Repair the Gymnasium Floor at the Community 25 Center. 26 27 Council Member Quick asked when this was first noticed. 28 29 Public Works Director Lee indicated there was a storm on July 1, 2003 and the day after the 30 storm the water damage was noticed. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 H. Consideration of Resolution 6061 Authorizing Retainer Agreement with 35 Hughes & Costello to Provide Mounds View with Prosecution Legal Services. 36 37 MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6061, a 38 Resolution Authorizing Retainer Agreement with Hughes & Costello to Provide Mounds View 39 with Prosecution Legal Services. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 Mounds View City Council July 14, 2003 Regular Meeting Page 19 I. Consideration of Resolution 6062, a Resolution Approving the Hire of Kurt 1 Ulrich to the Position of Mounds View City Clerk/Administrator. 2 3 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6062, a 4 Resolution Approving the Hire of Kurt Ulrich to the Position of Mounds View City Clerk 5 Administrator. 6 7 Council Member Stigney indicated that he wanted the Resolution read. He then asked which 8 letter of hire is part of the employment contract. 9 10 Interim City Administrator Ericson indicated the letter is the contract. 11 12 Council Member Stigney questioned the difference in the language concerning the salary being 13 adjusted annually in the same manner of the other management employees. 14 15 Interim City Administrator Ericson indicated that he had taken the liberty of adding that language 16 to prevent Mr. Ulrich from being excluded from getting cost of living increases because that is 17 not spelled out in the personnel policy. 18 19 Council Member Stigney asked whether the $77,013 starting salary was per the personnel policy. 20 21 Interim City Administrator Ericson indicated that the personnel manual would not have him at 22 Step 3 at six months. 23 24 Council Member Stigney asked why that rule is being bent. 25 26 Interim City Administrator Ericson indicated that was what was requested and that is what was 27 approved. 28 29 Council Member Stigney indicated he would like to remove the last sentence from the hiring 30 letter. 31 32 Interim City Administrator Ericson apologized and indicated he did not feel that it was an issue 33 that warranted discussion. 34 35 Council Member Marty commented that he did not think it made a difference either way. 36 37 Interim City Administrator Ericson read Resolution 6062. 38 39 MOTION/SECOND: Stigney/Marty. To Amend the Letter of Hire to Omit the Last Sentence 40 and Use the One Agreed to by the Applicant. 41 42 Ayes – 3 Nays – 2(Linke/Quick) Motion carried. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council July 14, 2003 Regular Meeting Page 20 1 10. APPROVAL OF MINUTES 2 3 A. City Council Minutes June 16, 2003 (Special Meeting) 4 5 MOTION/SECOND: Gunn/Marty. To Approve the Special City Council Meeting Minutes of 6 June 16, 2003 as Presented. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 B. City Council Minutes June 23, 2003 11 12 Council Member Marty requested the following changes: On Page 2, line 9, change currently is 13 to “was last”. On Page 11, Line 3 clarify that he said he believed in nine years at that meeting 14 that the sidewalk would go in. 15 16 MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes of June 23, 2003, as 17 Amended. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 11. REPORTS 22 23 Council Member Gunn indicated she attended a picnic in honor of Ben Ingen welcoming him 24 home from Iraq. 25 26 Council Member Gunn indicated that she has been asked to bring up Highway 10 redevelopment 27 and the renaming of Highway 10 for discussion at an upcoming work session. 28 29 Council Member Marty reminded residents that Festival in the Park is scheduled for August 16, 30 and 17, 2003 and invited residents to sign up for the golf tournament. 31 32 City Attorney Vose indicated that he provided to Council a letter with a recommendation and 33 report regarding the results of the Eller Media billboard and this matter will be discussed at 34 another meeting. 35 36 12. Next Council Work Session: Monday, August 4, 2003 37 Next Council Meeting: Monday, July 28, 2003 38 39 13. ADJOURNMENT 40 41 Mayor Linke adjourned the meeting at 10:50 p.m. 42 43 44 Transcribed and recorded by: 45 Mounds View City Council July 14, 2003 Regular Meeting Page 21 1 2 Joan Lenzmeier 3 Timesaver Off Site Secretarial, Inc. 4 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 July 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 (arrived at 7:13 p.m.), Stigney, and Gunn 16 17 4. APPROVAL OF AGENDA 18 19 A. Monday, July 28, 2003 City Council Agenda. 20 21 MOTION/SECOND: Gunn/Stigney. To Approve the Monday, July 28, 2003 Agenda as 22 Presented. 23 24 Ayes – 4 Nays – 0 Motion carried. 25 26 5. PUBLIC INPUT 27 28 Judy Brailey Langner of 2337 Knoll Drive indicated that she has lived at that address for 50 years 29 and would like to add a wedge of property to her property title that is along the drainage ditch of 30 Greenfield park and it would be just enough for her driveway. 31 32 Community Development Director Ericson indicated it would be preferable to have the City 33 execute a use deed rather than deeding the property to her. 34 35 Mayor Linke directed Staff to have the use deed drawn up and bring it forward for approval. 36 37 David Jahnke of 8428 Eastwood Road indicated that he was very disappointed that the last golf 38 quarterly report did not contain any financial information and suggested that the Mayor ask Staff 39 to make sure that financial information is included the next time. 40 41 Mayor Linke indicated that the report was for the first quarter and not much was going on so 42 there was not much to report on. 43 44 Mounds View City Council July 28, 2003 Regular Meeting Page 2 Mr. Jahnke indicated that there should have been something discussed concerning the projected 1 financials or something. He then said he expects to see something next time. 2 3 Council Member Stigney indicated that he had asked what period the report covered and had 4 been told it was through June. 5 6 Mr. Jahnke asked whether there was anything that could be done with regard to the Supreme 7 Court not allowing the billboards because there has been discussions that it is optimistic to think 8 that the course can make money without them. 9 10 Mayor Linke indicated the decision is back with the sign company for a decision on how to 11 proceed. 12 13 City Administrator Ulrich indicated that item is an agenda item later in the meeting. 14 15 Mr. Jahnke indicated that he is concerned with the Community Center as it costing the City a lot 16 of money and he hopes the City is looking at other options. 17 18 Mayor Linke indicated the City is looking into all the options including hiring its own employees 19 to run it. 20 21 Mr. Jahnke indicated that hiring employees only escalates the costs and he does not think that is 22 the answer. 23 24 Mr. Jahnke indicated that step increases and insurance costs really concern him. 25 26 Mayor Linke indicated that the City is looking into all of its options and will be diligent in 27 determining what is in the best interest of the City with regard to the Community Center. 28 29 David Vinkstra of 3000 County Road H2 indicated that he is very concerned with the proposal to 30 develop the property off of H2. He then indicated that the City has a petition showing that 31 residents in the area do not want the area developed but there has been no response to that 32 petition. He then said that he has the sense that this project is moving forward despite opposition 33 from the neighbors and he cautioned Council Members that he has worked elections before and it 34 will be a bad day for incumbents. 35 36 Mayor Linke indicated that he understands where residents are coming from but Council does not 37 represent the immediate neighbors but all the residents of Mounds View and they have a right to 38 recover the funds spent to purchase the property through redevelopment of that property. He 39 then said that the City would work with the developer to ensure a quality development that 40 respects the adjoining parcels as much as possible but aside from that residents would need to 41 purchase the property to control the development on it. 42 43 Council Member Marty arrived at 7:13 p.m. 44 45 Mounds View City Council July 28, 2003 Regular Meeting Page 3 Mr. Vinkstra indicated that Council would see very strong political opposition at the next 1 election if this goes through. 2 3 Jerry Blanski of 2933 Woodale Drive indicated that he does not like to come and speak before 4 Council and has nothing against Council Members personally but he disagrees with them on the 5 matter of the sidewalk along H2. He then read from a February 1, 1995 issue of the New 6 Brighton Bulletin regarding an article on the trail along Silver Lake Road. He further 7 commented that the trail is what residents wanted over 8 years ago and still want and need today. 8 9 Mr. Blanski commented that after residents overwhelmingly said they did not want the sidewalk 10 Mr. Lee suggested that maybe they should not have marketed the issue so heavily on children. 11 He then asked where the safety along Silver Lake Road sits with Council. He further commented 12 that one Council Member had expressed his opinion on that with his vote and he thanked him for 13 that. 14 15 Mr. Blanski indicated that Mayor Linke had made comments concerning residents not wanting 16 the sidewalk because of how it would impact them and the use of their property. He then said he 17 takes exception to that because he has been before Council on this matter four times and has not 18 complained about how this would impact his yard or bushes or anything of the sort. He further 19 commented that he did not feel it was appropriate for the Mayor to be calling people “NIMBYS. 20 21 Mr. Blanski indicated that Mayor Linke had said during his comments that the child who died 22 because there was no bridge may have been saved if there was a bridge but he does not think that 23 the bridge a half-mile from the location would have prevented the tragedy. He then indicated 24 that the Mayor had stated that if the sidewalk saves one life it is worth it and he is fine with that 25 comment but wonders where the Mayor stands when the sidewalk causes injury or loss of life. 26 27 Mr. Blanski indicated that the information fed to residents concerning Ramsey County is 28 questionable. He then said that this walk was a go before any residents had any input and he 29 feels it is inappropriate to make decisions without having resident input impact the decision. 30 31 Michael Moroni of 5045 Brighton Lane indicated that he agreed with Mr. Blanski as far as what 32 was said by citizens about the sidewalk. He then said that the safety issue was brought up a few 33 hundred times and he is concerned not with the children walking along the sidewalk but with 34 crossing the street. 35 36 Mayor Linke indicated that the idea is to get them to a safe place to cross. 37 38 Mr. Moroni indicated that he would be angry if nothing is done to get the kids safely across the 39 street. He then said he would like the City to really push the County for some action. 40 41 Mr. Moroni indicated that he has been doing some research on TIF districts and said that he 42 would like the City to close any of them that are able to be closed. 43 44 Mayor Linke indicated that the City is getting close to closure on some of the TIF districts. 45 Mounds View City Council July 28, 2003 Regular Meeting Page 4 1 Mr. Moroni asked whether the Mayor or any Council Members or their relatives has a 2 relationship in the future or in the past with companies vying to do business in the City. 3 4 Mayor Linke indicated that at one point he worked for Kraus Anderson but the attorney had said 5 there was no issue with it since he was an employee. 6 7 Mayor Linke said not that he knows of. He then said that he works for a construction company 8 and has no knowledge of bids for work in the City. 9 10 Mr. Moroni asked whether the City books are open to the public concerning the Community 11 Center and the golf course. 12 13 Mayor Linke indicated that Mr. Moroni should make an appointment with Finance Director 14 Hansen during business hours. 15 16 Mr. Moroni indicated he would like to do that. 17 18 Mr. Moroni indicated he had recently received his water bill and he really thinks the City should 19 put a second page in there to notify residents of any projects affecting a majority of residents as a 20 way to keep residents informed. 21 22 Mr. Moroni indicated that he understands that the golf course has not made any money but the 23 golf course manager received a step increase at the last meeting and he does not think that is 24 appropriate. 25 26 Mayor Linke indicated that the course covers its costs but because of the lawsuit the course is in 27 arrears. 28 29 Mr. Moroni indicated that if he owned a business he would not give the manager a raise before 30 they were due for one and especially not during tough economic times if the business was not 31 making money. He then suggested that the City Attorney review contracts to make sure they do 32 not allow for raises regardless of the economy. He further commented that he has not received 33 even a cost of living raise for the last two years because of the tight economic times. 34 35 Council Member Stigney indicated that there is no contract. 36 37 Mr. Moroni indicated that before Council does things like this they should look into it rather than 38 just passing it. 39 40 Council Member Quick asked the Mayor to acknowledge that every year Council Members have 41 to make notice of their dealings with the City including any contracts based on state and federal 42 law. 43 44 Mounds View City Council July 28, 2003 Regular Meeting Page 5 Council Member Quick told Mr. Moroni that he needs to doodle or he would go crazy but 1 assured him that he listens and hears every word that is said. 2 3 6. SPECIAL ORDER OF BUSINESS 4 5 7. JUST AND CORRECT CLAIMS 6 7 A. Just and Correct Claims 8 9 Council Member Marty asked for further information on Check Number 11347. 10 11 Finance Director Hansen indicated that it was for testing equipment for the water plant and it 12 measures the chemicals going into the City’s water system. 13 14 Council Member Marty asked for information on Check Number 11353 to ISD 621 for a building 15 supervisor. 16 17 Finance Director Hansen indicated that there has been an agreement in place with the school 18 district that anytime a recreation program uses the school gyms there has to be a supervisor from 19 the school district there. 20 21 Mayor Linke asked if Staff could get a list of what the YMCA is doing over there. 22 23 Finance Director Hansen indicated he has asked for that information several times and has yet to 24 receive it. 25 26 Council Member Marty asked whether Clear Channel would be reimbursing the City for 27 attorney’s fees. 28 29 Finance Director Hansen indicated that Clear Channel would be reimbursing the City. 30 31 Council Member Marty asked for further information on the Police Civil Service Commission 32 invoice in the amount of $1,279.00. 33 34 Mayor Linke indicated that is the prosecuting attorney. 35 36 Finance Director Hansen indicated that this bill was for work with the Police Civil Service 37 Commission and it is charged to the police department budget and the line item is called 38 prosecuting services. 39 40 Council Member Marty suggested doing a line item so that it would not be confused. 41 42 Council Member Marty asked whether this invoice for the Hammerschmidt matter would be the 43 final bill. 44 45 Mounds View City Council July 28, 2003 Regular Meeting Page 6 Finance Director Hansen indicated that this billing is for May 2003 and that was the time frame 1 when that case was being settled so he is not sure that this is the final bill but it should be close to 2 the end. 3 4 Council Member Marty pointed out a typographical error on the water tower rehabilitation 5 invoice. 6 7 City Attorney Vose indicated he did not know which file that was for but said he agreed it should 8 be water tower. 9 10 Council Member Marty asked for clarification on the invoice from Minnesota County Attorney 11 Association for publications. 12 13 Finance Director Hansen indicated that it was for publications that the police department ordered. 14 15 Council Member Stigney questioned the golf course managers expense report for other 16 professional services in the amount of $200.00. 17 18 Finance Director Hansen indicated that he had looked it up and Mr. Burg had to get a license or 19 certification for pesticide application and that is the cost of getting that certification. 20 21 MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 Council Member Quick indicated that after the last meeting where sidewalks were discussed he 26 had asked Mr. Ericson to look into the sidewalks at Pinewood to see what the City did. He then 27 asked that the information be provided for discussion at the next work session so that the City 28 can give it their best shot for Sunnyside. 29 30 B. Authorization for Expenditures 31 32 1. New City Network Computer Server 33 34 Finance Director Hansen indicated that the City has been experiencing failure of the network 35 server and it was discovered early enough so that Staff could transfer data to two computers on 36 the network but at least one of those is maxed out for capacity so it is not a situation that can 37 continue without being addressed. He then explained that the NT file server that failed is almost 38 five years old and at the end of its useful life and Staff is seeking approval to purchase a 39 replacement computer at the approximate cost of $4,000. Those funds would be taken from the 40 money that was budgeted this year for computer outlay and not yet spent and all other 41 nonessential computer purchases would need to wait until 2004. 42 43 MOTION/SECOND: Quick/Marty. To Replace the Network Computer Server at a Cost of Up 44 to $4,000. 45 Mounds View City Council July 28, 2003 Regular Meeting Page 7 1 Ayes – 5 Nays – 0 Motion carried. 2 3 Council Member Marty thanked Staff for the well-written report. 4 5 2. Replacement of Voice Mail System 6 7 Finance Director Hansen indicated that there was a lightening strike at City Hall and the 8 Community Center and the strike at City Hall damaged the voice mail system. He then indicated 9 that Staff has contacted the League of Minnesota Cities and been informed that they will treat it 10 as one claim thereby saving the City one deductible. 11 12 Finance Director Hansen indicated that the cost to replace the voice mail system would be 13 approximately $8,020.00 plus sales tax and would include basic installation. He then cautioned 14 that the costs could climb to approximately $8,500 if further installation is needed. He further 15 indicated that the funds would come out of the contingency in the general fund and be 16 reimbursed through the insurance claim. 17 18 Council Member Quick asked whether it would be more cost effective to replace the entire phone 19 system rather than just the voicemail component. 20 21 Finance Director Hansen indicated it would be substantially more expensive to do so. 22 23 Council Member Quick asked how the voicemail is functioning now. 24 25 Finance Director Hansen indicated that the City is using a loaner computer at a charge of $500.00 26 per month. 27 28 Council Member Stigney indicated that since this is an insurance claim he would prefer to 29 replace that part of the system. 30 31 Council Member Quick indicated he made the suggestion to see if it would be more cost 32 effective if the system is outdated. 33 34 Council agreed that the telephone system was new enough that it was not necessary to research 35 replacing the whole system. 36 37 MOTION/SECOND: Stigney/Gunn. To Approve the Replacement of the Voicemail System. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 8. CONSENT AGENDA 42 43 A. Licenses for Approval 44 Mounds View City Council July 28, 2003 Regular Meeting Page 8 B. Consideration of Resolution 6069 Approving Policy for Public Utility Account 1 Collections 2 C. Resolution 6066 Authorizing the Police Department to Enter into an Agreement 3 with CitizenObserver.com for Access to and Presence on their Law Enforcement 4 Website 5 D. Resolution 6068 Authorizing the Police Department to Grant a Non-Paid Summer 6 Internship to a Law Enforcement College Student for the Remainder of the 7 Summer of 2003 8 E. Resolution 6065 Approving a Permit Application for CLIMB, a Charitable 9 Organization, to Conduct Charitable Gambling at Robert’s Off 10 10 F. Resolution 6067 Authorizing a Purchase of Tripod for Cable Department 11 12 Council Member Marty requested that Item E be removed for discussion. 13 14 Council Member Stigney requested that Item F be removed for discussion. 15 16 MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items A, B, C, and D as 17 Presented. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 Council Member Marty asked whether this would be a permanent permit. 22 23 Karen Wilkerson, the gambling manager for CLIMB indicated that it would be a permanent 24 permit. 25 26 Mayor Linke indicated that the Staff report questions the trade area and whether the business 27 must be in the trade area. 28 29 Ms. Crane read excerpts from the Ordinance and questioned whether the organization needed to 30 have an office within the City. She also indicated that she has questions concerning the trade 31 area. 32 33 Mayor Linke questioned the number of active members CLIMB has because the majority of them 34 are employees. 35 36 Ms. Wilkerson indicated that most organizations have gambling managers that are members and 37 90% are paid but the members are not paid. 38 39 Mayor Linke indicated that he had spoken to Peg who indicated that most are paid members. 40 41 Ms. Wilkerson indicated that they have gaming staff on the membership and those people are 42 members and are paid staff. 43 44 Mayor Linke asked if all the members of CLIMB itself are paid members or volunteers. 45 Mounds View City Council July 28, 2003 Regular Meeting Page 9 1 Ms. Wilkerson indicated that they are all employees of CLIMB just another portion of the 2 organization. 3 4 Mayor Linke indicated this would be a 27th location and then explained that CLIMB brings 5 messages to the schools through the use of plays and vignettes and that would not cost anything 6 because it is funded through the gambling proceeds. He then said that he was told that CLIMB is 7 trying to replace DARE because they feel the DARE program is not working. 8 9 Ms. Wilkerson indicated that CLIMB has not said that DARE is not working but they were 10 approached to write another program and they have done that. 11 12 Ms. Wilkerson indicated that gambling is a fund raising tool and there is no separation from 13 CLIMB and the gambling employees. She then said it is the fundraising that allows them to go 14 into the schools and help and provide these services. 15 16 Mayor Linke indicated he would like to postpone this item for further information and have the 17 City Attorney review it. 18 19 MOTION/SECOND: Linke/Marty. To Postpone Resolution 6065, a Resolution Approving a 20 Permit Application for CLIMB to Conduct Charitable Gambling Operations within the City. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 Council Member Stigney asked whether a lower cost unit would work. 25 26 Mr. Gammel indicated that a lower cost unit would work but explained that they are cumbersome 27 for Staff because of the need to change locations and Staff would prefer to have the fluid head to 28 save time. 29 30 Council Member Stigney asked whether Staff did a Google search on the web for the cost of this 31 item. 32 33 Mr. Gammel indicated that he prefers to use vendors that he is familiar with or that are local. He 34 then said that even though he did a search for prices he found them to be comparable and he is 35 skeptical of places he has not dealt with. 36 37 Council Member Stigney indicated that once Staff knows which model they wish to purchase it is 38 simply a matter of determining the cheapest location to obtain it. He then suggested a catalog 39 that has a lot of products in it and said he questions whether there is the need for this extravagant 40 tripod expense for the City. 41 42 Mr. Gammel indicated he was aware of the catalog and said that he does not feel this model is 43 extravagant but yet it has the features Staff desires. He then said he did do a search including the 44 Internet and this dealer was the cheapest but he has not checked the catalog. 45 Mounds View City Council July 28, 2003 Regular Meeting Page 10 1 Council Member Marty asked whether the City has a tripod now. 2 3 Mr. Gammel indicated that the City has two in storage but they were used when the Council 4 Meetings were being taped by people that were in the room and they are studio tripods and are 5 not for on location shooting because they are not portable. 6 7 Council Member Marty indicated that he has seen Dave film things and there was a tripod. 8 9 Mr. Gammel indicated that Staff uses a CTV tripod but that requires a trip to CTV. 10 11 Council Member Stigney indicated that there are other fluid head models that are comparable for 12 a lower cost. 13 14 MOTION/SECOND: Quick/Marty. To Approve Resolution 6067, a Resolution Authorizing the 15 Purchase of a Tripod for the Cable Department. 16 17 Ayes – 4 Nays – 1(Stigney) Motion carried. 18 19 9. COUNCIL BUSINESS 20 21 A. Public Hearing, Second Reading and Adoption of Ordinance 717, an 22 Ordinance Amending the City Code Relating to On Sale Liquor 23 Establishments. 24 25 Mayor Linke opened the public hearing at 8:05 p.m. 26 27 Community Development Director Ericson indicated that this Ordinance had its first reading at 28 the July 14, 2003 meeting and Staff was asked to provide information as to what other local cities 29 are doing. He then said that he has that information and can share it after taking public comment. 30 He further commented that Staff has received significant public input and the opinions have been 31 split as to those for the 2:00 a.m. closing and those against. 32 33 Community Development Director Ericson indicated that those that are against the 2:00 a.m. 34 closing have expressed concern about putting more intoxicated drivers on the road later and 35 taxing the City’s police department causing more expense for the City. 36 37 David Jahnke of 8428 Eastwood Road indicated that he hopes that the City votes for this and the 38 reason being is he read the reports and there are mixed reports on whether to close at 1:00 a.m. or 39 2:00 a.m. but he fears that the City will not be able to compete with St. Paul for the Banquet 40 Center if the City does not have that extra hour. He further commented that he hopes Council 41 approves it based on the potential impact to the finances of the City because he feels it would 42 hurt the City not to have that extra hour. 43 44 Mounds View City Council July 28, 2003 Regular Meeting Page 11 Community Development Director Ericson indicated that Chief Sommer put together some 1 information on the surrounding cities and what they have done with regard to the 2:00 a.m. 2 closing. He then reviewed that information with Council. 3 4 Council Member Marty indicated that he read in a paper that Oakdale would be going to the 2:00 5 a.m. closing effective December 31, 2003 based on staffing changes in their police department at 6 that time. 7 8 Chief Sommer addressed the Council and indicated he had pulled the state licenses for 2:00 a.m. 9 issued so far and those are Brooklyn Park, Centerville, Cottage Grove, Eagan, Eden Prairie, 10 Faribault, Hopkins, Hugo, Lakeville, Minneapolis, and St. Paul, Stillwater and Taylors Falls and 11 there are many still under review. 12 13 Chief Sommer indicated that some of the issues could mean additional police calls due to the 14 later closing times and, as a result, disturbance calls occurring later. He then indicated that there 15 is a shift that ends at 3:00 a.m. and the City may incur over time on that shift if officers have to 16 hold over to finish processing someone. 17 18 Chief Sommer indicated that the Police Department could handle the calls for service regardless 19 of the closing time. 20 21 Dan Hall from the Mermaid at 2200 Highway 10 addressed Council and indicated that if the 22 City’s liquor establishments do not have the 2:00 a.m. closing they are going to continue losing 23 business to the cities that do. He then said that he has already seen it on Friday and Saturday 24 nights since Minneapolis went to 2:00 a.m. 25 26 Mr. Hall indicated that his banquet facility and nightclub would suffer if he was not allowed to 27 stay open until 2:00 a.m. and suggested that the City stands to lose money on its banquet center 28 as well without the extra hour. 29 30 Rob Jacob of Jakes Sports Café at 2400 County Highway 10 reiterated the comments of Mr. Hall 31 saying that they have plans to expand with a banquet facility at this location but cannot do so if 32 they do not have the extra hour. He then indicated that the exodus of customers does not happen 33 at 1:00 a.m. but at 11:00 p.m. to go to a bar that is open until 2:00 a.m. and that hurts business. 34 35 Mayor Linke closed the public hearing at 8:22 p.m. 36 37 MOTION/SECOND: Quick/Marty. To Waive the Reading, Approve the Second Reading and 38 Adopt Ordinance 717, an Ordinance Amending the City Code Relating to On-Sale Liquor 39 Establishments Hours of Operation. 40 41 Council Member Marty indicated that one of his concerns is overtime for the police department 42 and other increased costs to the City and he would like the City to review the matter to see if 43 costs are increased and adjust the license fee if it is warranted. 44 45 Mounds View City Council July 28, 2003 Regular Meeting Page 12 Council Member Stigney commented that one person called him about the issue and said that she 1 cannot think of anyone that stayed in a bar an additional hour and ended up more sober when 2 they walked out. He then said that there will be more drinking over a longer time and MADD is 3 opposed to this and he agrees with them. 4 5 ROLL CALL: Linke/Quick/Marty/Stigney/Gunn. 6 7 Ayes – 4 Nays – 1(Stigney) Motion carried. 8 9 Council recessed at 8:25 p.m. 10 11 Council reconvened at 8:33 p.m. 12 13 B. Finance Department Quarterly Report 14 15 Finance Director Hansen indicated he had provided with his report a memo that highlights the 16 report and it is followed by 46 pages of numbers. He then summarized that the general fund is 17 doing better year to date in the first six months than in 2002 but cautioned that the final picture 18 may not be as rosy as last year due to the decrease in LGA expected in the second half. 19 20 Finance Director Hansen indicated that the Community Center is of concern and noted that the 21 City lost Community Ed as a tenant and is looking for someone to take that space but it may be at 22 a lower rental rate. He then indicated that the banquet center and YMCA results are slightly 23 behind the same period for 2002. 24 25 Finance Director Hansen indicated that the golf course is ahead for the first six months of 2003 26 of the same period last year. He then said that last year at this time the golf course had an 27 operating surplus of $3,000 and this year that surplus is $28,000. He further explained that last 28 year the course ended up the year $10,000 over operating expenses but that amount is not nearly 29 enough to begin servicing the debt. He concluded by saying that the trend is positive but there is 30 a long way to go. 31 32 Council Member Marty indicated that the City needs to start looking at ways to cut. He then said 33 that other cities are being proactive about the direction city is going to take by holding 34 neighborhood meetings to ask residents what types of services are essential and what types of 35 services can be cut to save money. 36 37 Mayor Linke indicated that the City of Mounds View has 48 employees for the entire City and 38 Hopkins public works department has 32 employees for a city the same size as Mounds View so 39 he feels the City is doing a good job of running with fewer employees. 40 41 C. Consideration of Resolution 6059 Authorizing Execution of a Two-Year 42 Legal Services Agreement with Kennedy & Graven. 43 44 Mounds View City Council July 28, 2003 Regular Meeting Page 13 City Administrator Ulrich indicated that Kennedy & Graven had agreed to decrease the retainer 1 by $500.00 per month and only attend one meeting. Any subsequent meetings attended by the 2 City Attorney would be billed at $125.00 per hour. 3 4 Mayor Linke indicated that doing so would save the City $6000 per year. 5 6 Council Member Marty questioned whether mileage is charged to drive to the Council meeting. 7 8 City Attorney Vose indicated he does not intend to charge for the mileage for this meeting or the 9 last one that he attended and that would be his policy and he would pass that along to Scott but 10 he is not sure what Scott has been doing. 11 12 Council Member Stigney asked whether the $125.00 per hour starts at the beginning of the 13 meeting or the end of the meeting. 14 15 Mr. Vose indicated that it is firm procedure to begin billing when they get in the car but not to 16 bill on the way home and that is fairly typical for other attorneys. 17 18 Council Member Stigney indicated that he would like to change that practice for the City and 19 does not think the City should have to pay for driving time at $125.00 per hour. 20 21 MOTION/SECOND: Stigney/Gunn. To Waive the Reading and Approve Resolution 6059, a 22 Resolution Authorizing Execution of a Two-Year Legal Services Agreement with Kennedy & 23 Graven as Amended. 24 25 Community Development Director Ericson indicated that the $125.00 is not in the contract and 26 suggested that the contract be amended to include that language under compensation for 27 attorneys. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 D. Resolution 6064 Authorizing Bids and Specifications and Establishing a Bid 32 Date for the County Road H Sidewalk Project. 33 34 Public Works Director Lee addressed Council and recommended approval of Resolution 6064 35 approving the plans and specifications and establishing a bid date of August 31, 2003 to allow 36 time for advertising. He then indicated that the power pole relocation will be done by Xcel 37 Energy and the tree replacement plan will be worked on by Staff and the City Forester before it is 38 submitted to Council for approval and bid in the fall for replacement in the spring when nursery 39 stock is available. 40 41 MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6064, a 42 Resolution Authorizing Bids and Specifications and Establishing a Bid Date for the County Road 43 H Sidewalk Project. 44 45 Mounds View City Council July 28, 2003 Regular Meeting Page 14 Council Member Marty asked whether it would be possible to meander the sidewalk a bit to 1 accommodate as many things as possible. 2 3 Public Works Director Lee indicated that he has given direction to the City Engineer to work 4 with the Forester to see if there are trees to be saved. 5 6 Ayes – 4 Nays – 1(Stigney) Motion carried. 7 8 10. APPROVAL OF MINUTES 9 10 A. City Council Minutes July 14, 2003 11 12 To be approved on August 11, 2003. 13 14 11. REPORTS 15 16 Mayor Linke welcomed Kurt Ulrich as the City’s new Administrator. 17 18 Council Member Gunn indicated that Festival in the Park is scheduled for August 16, 2003 and 19 provide a few details on the events planned along with welcoming all residents to come and play 20 golf in the golf tournament and attend the pancake breakfast. 21 22 Council Member Stigney had no report. 23 24 Council Member Marty indicated the golf tournament is on Saturday, August 16, 2003 and the 25 cost is $110 for a foursome and that includes golf, food and two beverages. He then said that 26 they have received lots of donations and kid prizes and welcomed all residents to come out and 27 play. 28 29 Council Member Marty welcomed Kurt Ulrich. He then asked if it would be possible to use the 30 Council reserved parking signs to ensure Council Members have a space in the parking lot as he 31 arrived late and had to park across the street. 32 33 Community Development Director Ericson indicated that practice stopped when the City ceased 34 having a custodian but said Staff could attempt to remember to do so. 35 36 Council Member Quick indicated that he did not care to have Staff members pulled away from a 37 task that is more necessary to put out parking signs. 38 39 Council Member Quick indicated that Council should thank Mr. Ericson for a job well done. He 40 then said he would like to ask that the Mayor prepare a letter of commendation for his file. He 41 further indicated that he would like Mr. Ericson to provide Council with a list of names of any 42 other Staff members that should be recognized for their efforts in assisting with additional work 43 while the City was short staffed. 44 45 Mounds View City Council July 28, 2003 Regular Meeting Page 15 Community Development Director Ericson indicated that at the last meeting the City Attorney 1 had prepared a report in response to the Court ruling on the billboard issue. He then indicated 2 that the City may not be zoning its own land properly and asked how Council wished to proceed. 3 4 Director Ericson indicated that Staff is looking for a recommendation as to whether Council 5 wants to do something. 6 7 Mayor Linke indicated that the matter should be brought before the Planning Commission for 8 discussion. 9 10 Council Member Quick asked if there was a time factor involved. 11 12 Director Ericson indicated that there was not but suggested that now that the City realizes there is 13 an error the quicker that is corrected the better. 14 15 Council Member Quick indicated he would like to go on record as indicating that the Planning 16 Commission can delegate this matter to Council for more timely action if there is a time 17 constraint with their schedule. He further indicated that this is a matter of housekeeping and 18 should not warrant great debate. 19 20 Director Ericson indicated the City received a letter from Paul Kirkwald at Ramsey County 21 indicating that the City can opt out of the CDBG but could not form a group and target the 22 CDBG funds but can make application to a state wide program and then would be in competition 23 with hundreds of other cities. He then indicated that the Staff recommendation would be to 24 remain in the CDBG but to work to bring the cities back into the decision making process. 25 26 Council Member Quick asked why a group of cities with a population of over 100,000 could not 27 form its own group. 28 29 Director Ericson indicated that he was not sure why but he understands from HUD that it is not 30 allowed. 31 32 Council Member Quick asked for something in writing to verify that. 33 34 There was consent to stay in the consortium. 35 36 Council Member Quick asked whether the City could postpone this for further information. 37 38 Director Ericson indicated that the issue had to be resolved tonight because the deadline is the 39 beginning of August. 40 41 Council Member Quick asked that Staff research the matter for further discussion the next time 42 this comes up for renewal. 43 44 Mounds View City Council July 28, 2003 Regular Meeting Page 16 Mayor Linke indicated that he had been part of the CDBG group that went through the decision 1 making process before the process was changed and he would like to go back to how things used 2 to be handled. 3 4 MOTION/SECOND: Quick/Marty. To Stay in the Consortium. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 Director Ericson indicated that the Planning Commission discussed the pawnshop ordinance as 9 was requested but has asked that additional uses be left out of the discussion and have asked for 10 further clarification from the City Attorney as to how small the overlay district can be because 11 they felt that the proposed overlay districts were too large. 12 13 Director Ericson indicated that Staff is working with the City Attorney to provide answers to 14 those questions for discussion at the next Planning Commission meeting. 15 16 Mayor Linke indicated the other issue is how small is too small for spot zoning. 17 18 Director Ericson indicated that this issue is before the Commission at the second meeting in 19 August with a recommendation to Council in September. 20 21 City Attorney Vose had no report. 22 23 Council Member Marty asked whether the Visitors and Convention Bureau had provided the 24 donation to the City for last year. 25 26 Council Member Gunn indicated that they received it. 27 28 Council Member Marty asked for clarification as to whether the money was to be used for 29 promotion and advertising. 30 31 Council Member Gunn indicated that it was. 32 33 Council Member Marty asked when the City expects to receive the donation this year. 34 35 Director Ericson indicated that he was not sure but reminded Council that there was an issue of 36 the Festival in the Park Committee receiving the donation and not the City and it was to be a City 37 donation. 38 39 Council discussed the donation briefly and indicated that Council would discuss it further when 40 the donation is received. 41 42 Council Member Marty asked whether people were joining in the parade with their pets as he had 43 heard. 44 45 Mounds View City Council July 28, 2003 Regular Meeting Page 17 Council Member Gunn indicated that the plan was to have kids join in with their wagons and 1 bikes and pets on a leash. 2 3 12. Next Council Work Session: Monday, August 4, 2003 4 Next Council Meeting: Monday, August 11, 2003 5 6 13. ADJOURNMENT 7 8 Mayor Linke adjourned the meeting at 9:08 p.m. 9 10 11 Transcribed and recorded by: 12 13 14 Joan Lenzmeier 15 Timesaver Off Site Secretarial, Inc. 16