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HomeMy WebLinkAboutAgenda Packets - 2003/09/22 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, September 22, 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 Acceptance of Donation of $1500 from the Twin Cities North Chamber for youth golf B. Proclamation for Ken Manthis, Bridges Golf Course C. Resolution of Appreciation to Mike Szczepanski D. Presentation regarding City Fire Inspection Program 7. JUST AND CORRECT CLAIMS 8. CONSENT AGENDA A. Resolution 6100 Approving a One-Foot Parking Area Setback at 2508 Hillview Road B. Resolution 6097 Approving the Continuation of a Joint Powers Agreement with Ramsey County GIS User Group C. Correction to Resolution 6091 Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2004. D. Resolution No. 6102 Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment for the County Road H2 Street Improvement Project. E. Executive Session in Conference Room C, Immediately Following the Meeting, to Address Union Contract Negotiations 9. COUNCIL BUSINESS A. Community Survey B. Police Department Quarterly Report C. Resolution No. 6088 Approving the Contract Award for the County Road H Sidewalk Project D. Second Reading and Adoption of Ordinance 718, Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2004. E. Second Reading and Adoption of Ordinance 719, Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2004. F. 7:05 pm - Public Hearing, First Reading and Introduction of Proposed Ordinance 720, an Ordinance to Comprehensively Rezone Parcels Zoned Public Facilities (PF). G. 7:10 pm - Public Hearing, First Reading and Introduction of Proposed Ordinance 721, an Ordinance Amending Chapter 1116 Regarding Permitted Uses Within the Industrial (I-1) Zoning District H. Resolution No. 6101 Appointing Jason Ruby to the Position of Public Service Officer to the Police Department. I. Resolution 6103 Approving the Purchase of an Upgrade to the Automated Water Meter Reading System. J. Request For the Appointment of an Elected Official to the Ramsey County Public Safety Communications (800 MHz) Policy Committee City Council Meeting September 22, 2003 Page 2 10. APPROVAL OF MINUTES A. September 8, 2003 11 REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Camcorder Use Policy 2. City Priority Document 3. Employee Appreciation Breakfast (Friday, October 24, 2003 - 7-830am at the Banquet Center) 4. Boards and Commission Dinner (Thursday, October 16, 2003 – 630pm at the Banquet Center) 5. Update on Community Center Thymes Contract Compliance (verbal report) C. Reports of City Attorney 12. Next Council Work Session: Monday, October 6, 2003 Next Council Meeting: Monday, October 13, 2003 CITY OF MOUNDS VIEW OFFICE OF MAYOR PROCLAMATION WHEREAS, the Twin Cities North Chamber has a commitment to our community and its youth; and, WHEREAS, the donation received of $1,500 offered opportunity to improve the lives of Mounds View area youth through golf programming; and, WHEREAS, the gift provided local youth with the positive influence of a lifetime fitness activity; and, WHEREAS, the program was available to youth throughout the Twin Cities North Chamber of Commerce and offered this opportunity at no cost; and, NOW, THEREFORE, I, Jerry Linke, Mayor of the City of Mounds View, do hereby proclaim the gratitude and appreciation of the City of Mounds View and its residents to Twin Cities North Metro Chamber of Commerce in recognition of this $1,500 contribution. Given under my hand and the Seal of the City of Mounds View, this 22nd day of September 2003. ______________________________ Jerry Linke, Mayor (SEAL) CITY OF MOUNDS VIEW OFFICE OF MAYOR PROCLAMATION WHEREAS, Mr. Ken Manthis contributes an extraordinary effort to the development and implementation of youth golf programs at The Bridges Golf Course; and, WHEREAS, Mr. Manthis quality programs benefit youth for a lifetime of leisure an fitness activity; and, WHEREAS, the dedication, diligence and effectiveness of his work earned Mr. Manthis the highest honor from his peers; and WHEREAS, Mr. Manthis is the recipient of the Minnesota Section of the Professional Golfers Association “2003 Junior Golf Leader Award” reflecting the best junior golf program in the State of Minnesota; and, NOW, THEREFORE, I, Jerry Linke, Mayor of the City of Mounds View, do hereby proclaim the gratitude and appreciation of the City of Mounds View and its residents to Mr. Manthis in recognition of his outstanding contribution. Given under my hand and the Seal of the City of Mounds View, this 22nd day of September 2003. ______________________________ Jerry Linke, Mayor (SEAL) RESOLUTION NO. 6094 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO MIKE SZCZEPANSKI WHEREAS, Mike Szczepanski has served on the Mounds View Park and Recreation Commission since January 1, 2000; and WHEREAS, Mr. Szczepanski has gained the respect and gratitude of those who have had the privilege of working with him on the Park and Recreation Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View, on behalf of the residents of the City of Mounds View, expresses its appreciation to Mike Szczepanski for his dedicated and devoted service on the Mounds View Park and Recreation Commission. Adopted this 22nd day of September, 2003. ATTEST: Mayor Jerry Linke Councilmember Quick Councilmember Stigney Councilmember Gunn Councilmember Marty City Administrator Ulrich Item No: 8A Meeting Date: September 22, 2003 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Property Owner Requests City’s Consent to Locate a Parking Area One-Foot from City Owed Right of Way Introduction: The property owner at 2508 Hillview Road is requesting permission to locate a parking area within one foot of his property line. This is NOT a variance request—the Code allows such a setback provided consent from the adjacent property owner is given. Discussion: The City Code allows for a one-foot set back to the lot line with approval of the adjacent property owner. In this case, the adjacent property owner is the City of Mounds View. The city land is unimproved future right of way for what could in the future become Skiba Drive. While the City currently owns three interior lots that would take access from this right of way, there have been no plans to move ahead with development in this area. The subject property owners and the property owners on the other side of the right of way have ensured that the grass is cut and that the area appears well kept. The Dreshars have a privacy fence that extends out from their garage to the side lot line and alongside the side lot line going to the back of their lot. The proposed parking pad would replace with asphalt an existing dirt and gravel area where the Dreshars currently park their boat and motor home. The parking area is screened from public view by the fence. A location map and the property owner’s request are attached for your reference. Recommendation: Staff has identified the various options regarding this request, which are as follows: 1. Approve Resolution 6100 granting consent to the one-foot setback as requested. 2. Approve Resolution 6100 granting consent, with conditions the Council deems appropriate. 3. Table action on the resolution pending receipt of additional information. 4. Direct staff to revise Resolution 6100 to DENY the requested setback. Staff recommends approval of Resolution 6100, a resolution giving consent to the setback. Respectfully submitted, ________________________ James Ericson Community Development Director Reviewed by City Administrator: _______ Location Map. Dreshar Parcel Three City Owned Lots Unimproved Right of Way HILLVIEW ROAD Letter from the Dreshars. Photographic Documentation: Looking South Dreshar Property at Left, Proposed Parking Area Behind Privacy Fence Looking East Dreshar RV in Driveway, Would be Moved Behind the Fence after New Parking Pad constructed. RESOLUTION NO. 6100 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CONSENTING TO A ONE-FOOT PARKING AREA SETBACK AT THE RESIDENTIAL PROPERTY LOCATED AT 2508 HILLVIEW ROAD WHEREAS, property owners Tom and Judy Dreshar have applied for a permit to install a parking pad adjacent to their garage at 2408 Hillview Road; and, WHEREAS, Mounds View City Code allows for parking and driveways with a one- foot setback with the consent of the adjacent property owner; and, WHEREAS, the City of Mounds View is the property owner adjacent to the Dreshars near the proposed parking area; and, W HEREAS, as the property owner, the City has to provide its consent in order for the parking area to be installed. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby consent to the parking area installed one-foot from the property line adjacent to the garage at 2408 Hillview Road. Adopted this 22nd day of September, 2003. Jerry Linke, Mayor ATTEST: Kurt Ulrich, City Administrator (SEAL) Item No: 8B Meeting Date: September 22, 2003 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Consideration of Resolution 6097 Approving the Continuation of the Ramsey County GIS User Group Joint powers Agreement Introduction: The Ramsey County Geographic Information Systems (GIS) User Group Joint Powers Agreement has expired and a new agreement needs to be approved by the City if it wishes to continue receiving data from Ramsey County. Discussion: The Ramsey County GIS Users Group was formed in 1995 by interested cities in order to encourage organizations to cooperate through the sharing of resources, data and ideas, primarily for the establishment and maintenance of geographic information systems (GIS) within local units of government. Through this cooperative joint powers group, the City has gained access to all necessary and critical base data upon which all of the City’s maps are constructed. Recommendation: Approve Resolution 6097 authorizing the execution of the Joint Powers Agreement with the Ramsey County GIS User Group. Respectfully submitted, ________________________ James Ericson Community Development Director 763-717-4021 Reviewed by City Administrator: ________ RESOLUTION NO. 6097 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A RENEWAL OF THE JOINT POWERS AGREEMENT WITH THE RAMSEY COUNTY GIS USERS GROUP WHEREAS, The Ramsey County GIS Users Group was formed in 1995 by interested cities in order to encourage organizations to cooperate through the sharing of resources, data and ideas, primarily for the establishment and maintenance of geographic information systems (GIS) within local units of government; and, WHEREAS, the City of Mounds View first entered into a joint powers agreement with the user group in 1997 renewing its participation in 2000; and, WHEREAS, continued participation with the Ramsey County GIS User Group will afford the City access to critical County base data and city parcel data for mapping and informational purposes; and, WHEREAS, the County’s data offers a base to which the City can add layers comprising, for example, comprehensive plan designations, zoning overlays, land use districts, street systems, utility lines and infrastructure, pavement management rankings, code enforcement activity, permits and calls for service. NOW, THEREFORE, BE IT RESOLVED, in order to continue the City’s ability to create, manage and manipulate maps and data, the Mounds View City Council does hereby authorize the execution of the Joint Powers Agreement (attached as Exhibit A) valid through December 31, 2005. Adopted this 22nd day of September, 2003. Jerry Linke, Mayor ATTEST: Kurt Ulrich, City Administrator (SEAL) Item No: 8C Meeting Date: September 22, 2003 Type of Business: Council Business City of Mounds View Memorandum To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Correction to Resolution 6091 Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2004 There is an error in resolution 6091 that was adopted by the City Council on Monday, September 8, 2003. It is a technicality, but to be safe, a corrected resolution needs to be adopted by the City Council at the Monday, September 22, 2003 meeting. The problem begins with the overall 2004 levy limitation. The State certified this to us at $2,832,903. However, the State will pay part of this through the Market Value Credit aid and Mounds View taxpayers will pay the rest. Based on statements from the State, I thought they were telling me that the Market Value Credit would be $227,793 for 2004 and that I should deduct that from the $2,832,903 levy limitation before certifying the tax levy to Ramsey County. However, as I talked with Ramsey County about details of the certification process, they informed me that the Market Value Credit is different from other aid that the State provides to cities. In the case of other aids, the State tells the local government what the aid will be for the next year. In the case of the Market Value Credit, Ramsey County calculates the credit in December and tells the State what the amount will be. Essentially the problem is that our budget showed $2,605,110 of base tax levy plus $227,793 of Market Value Credit when it should have shown $2,832,903 of base tax levy and nothing for Market Value Credit. The total revenues and total budget are correct. Proper certification of the proposed property tax levy to Ramsey County requires the City to show a base tax levy of $2,832,903 plus special levies of $74,353 for a total tax levy of $2,907,256. A Corrected Resolution 6091 is attached. Respectfully submitted, ___________________________ Charles Hansen, Finance Director Reviewed by City Administrator: ________ CORRECTED RESOLUTION NO. 6091 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2004 WHEREAS, current State Statute requires cities to certify a proposed budget and tax levy to the county auditor; and, WHEREAS, guidelines established by the Commissioner of Revenue require certification to occur on or before September 15, 2003; and WHEREAS, the Department of Revenue has certified Local Government Aid and Market Value Credits payable in 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that the proposed budget for the General Fund for fiscal year 2004 is $4,669,495. BE IT FURTHER RESOLVED that the proposed 2004 base property tax levy is $2,832,903 and the proposed2004 special levies are $74,353 for a total net property tax levy of $2,907,256. BE IT FURTHER RESOLVED that the Finance Director shall certify these amounts to the Ramsey County Auditor. Adopted this 22nd Day of September 2003. ______________________________ Jerry Linke, Mayor ATTEST: ______________________________ Kurt Ulrich, City Administrator (SEAL) 2401 County Highway 10 Mounds View, MN 55112 Ramsey County MOUNDS VIEW POLICE QUARTERLY REPORT May 2003-August 2003 DARE Officer Terry Broos presenting at Pinewood Elementary MOUNDS VIEW POLICE DEPARTMENT Administration: 763-717-4070 Fax: 763-784-9713 24 hour dispatch: 651-484-3366 651-484-9155 police@ci.mounds-view.mn.us 2401 County Highway 10 Mounds View, MN 55112 Ramsey County Statistical Report: Activity May,June,July,& Aug 2002 TOTAL May,June,July & Aug 2003 TOTAL Adult Arrests 135 134 Juvenile Arrests 28 36 Calls For Service 2673 2740 Traffic Court Citations 500 118 Traffic Admin Offenses 48 362 May, June, July & Aug 2003 Investigative Reports Cases assigned for investigation TOTAL 307 Assault 27 Misc-Other Offenses 0 Burglary 7 Disturbing Peace 16 Forgery 1 Obscenity 2 Narcotics 2 Property Damage/Trespass 70 Arson 1 Robbery 0 Crimes Against Family 7 Theft/Fraud 137 Traffic (DUI,Accidents,Other) 7 Vehicle Theft/Tampering 11 Criminal Sexual Conduct 1 Weapons 13 Misc Liquor Offenses O Crimes Against Admin of Justice 4 Juvenile-Runaway 1 2 2401 County Highway 10 Mounds View, MN 55112 Ramsey County May, June, July, & Aug 2003 Crime Reports TOTAL 639 Assault 63 Misc-Other Offenses 1 Burglary 13 Disturbing Peace 55 Forgery 5 Property Damage/Trespass 121 Narcotics 11 Obscenity 2 Arson 2 Robbery 0 Crimes Against Family 7 Theft/Fraud 263 Traffic (DUI,Accidents,other) 23 Vehicle Theft/Tampering 10 Criminal Sexual Conduct 2 Weapons 2 Misc Liquor Offenses 26 Crimes Against Admin of Justice 7 Juvenile- Runaway/Curfew 26 May, June, July & Aug 2003 Misc Incidents, Calls & Complaints TOTAL 2240 Lost & Found(persons/property) 72 Suspicion misc 161 Vehicles(towed,recovered,aband) 47 Suspicion Narcotics 23 Accidents 83 Public Disturbance/Loud Party 96 Animal Complaints/Impounds 93 Disorderly Juveniles 88 Fires 67 MV/Traffic Complaints 138 Medical/Suicide/Mental/DOA 191 City Ordinance Complaints 93 Domestic-Verbal 79 Warrants 28 Alarms 147 Assist other Agencies 101 Lockouts 103 Misc Public Calls 627 3 2401 County Highway 10 Mounds View, MN 55112 Ramsey County School Resource Officer The students have adapted to the new entrances and dusty conditions. The staff is trying to keep focused and push on to the end of the year. In my position things ended pretty quietly with a minimum number of thefts and minor scuffles. The end of the school year in June marked the real beginning of the construction for Edgewood MS. During the summer months there has been nothing of substance to report other than my occasional visits in which I found the administration working hard in between the power and water shutoffs they were preparing for the return of the students. Upon my return I found a lot of changes, many of the familiar faces had gone, replaced by a few new ones. With the goal to reduce the total number of man-hours many of the teaching and para positions were reduced. This has resulted in larger class sizes. Principle Penny Howard has been rallying the staff to stay positive during what the School District has so named a bridging year. There is much uncertainty in the building; if the levy doesn’t pass this fall there is a good chance that a middle school will close. Which is ironic in that we are just seeing the results of the construction levy. Just in time to possibly close the school. Respectfully submitted, Bob Nelson School Resource Officer- Edgewood Middle School Dare / Crime Prevention The Mounds View Police Department had a busy summer with crime prevention activities. Officer Bob Nelson attended a school on juvenile alcohol abuse and methods to reduce and prevent underage drinking. Officer Terry Broos attended property managers meetings to share information with owners and caretakers of multifamily dwellings and mobile home parks concerning police calls to the residences under their control. Officer Broos conducted tobacco compliance checks at 11retail businesses. Of these, only one business sold to the underage person. Officer Broos helped organize 22 neighbor hood parties for National Night out. A Mounds View Police Officer visited each party. Some of the parties were also graced by visits from Council Members and the Mayor. The National Night went well and all the parties were a great success. Officer Terry Broos served as a counselor at this year’s safety camp on August 12 and 13th at Hanson Park in New Brighton. The safety camp provided students with valuable information on how to stay safe in their homes and the community. Mounds View Police also assisted Tyson trucking with their “Convoy for Cause” on August 21. The convoy involved semis transporting food to stock the local food shelves. On June 19 Officer Terry Broos assisted the Fridley Police Department with security for President Bush's visit to Micro Control Corporation in Fridley. Officer Broos was fortunate to briefly meet the President while serving on the inner perimeter security detail for the Presidential visit. 4 2401 County Highway 10 Mounds View, MN 55112 Ramsey County The annual festival in the park was held August 17. Our department provided security, traffic control, and participated in the parade. Schools opened September 2, so remember- Drive Carefully! Grants and other funding • An equipment grant including computer hardware equipment and connection to the LOCATOR (Lost Child Alert Technology Resource) was awarded to the Mounds View Police Department. This equipment was awarded to the Mounds View Police Department through funds from a congressional grant from the office of juvenile justice and delinquency prevention. • The Police Department applied for and received a grant from the Minnesota Department of Public Safety Safe and Sober Program for conducting extra traffic enforcement. This grant will cover the costs for officer to work extra shifts devoted solely to traffic enforcement. • The Police Department applied for a grant from the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division to conduct investigations of adults providing alcohol to underage people and to conduct underage drinking compliance checks. We were awarded the grant and will begin the investigations and compliance checks at all businesses possessing a liquor license in the city of Mounds View. • A U.S. Department of Justice Community Oriented Policing Services grant to cover the cost of up to 75% of two newly hired police officer positions for the city of Mounds View was applied for . If awarded, the grant would cover up to 75% of the salary and benefits for the two new officers over a three-year period. During the three-year period the city is required to match 25% of the cost for the officers. Following the three-year grant. The city is required to retain the officer positions. Adding the two additional officers would increase our staffing levels and bring them closer to the average police staffing levels present in Minnesota cities. Safe and Sober The Mounds View Police Department joined hundreds of other Minnesota law enforcement agencies in the Safe and Sober Speeding Wave-a statewide effort to crack down on speeders to aggressive enforcement and education. The safe and sober crack down includes participation from more than 200 law enforcement agency statewide, including local police departments, County Sheriff's Office’s, and The Minnesota State Patrol. The Mounds View Police Department partnered with the Ramsey County Sheriff's Office, and the White Bear Lake Police Department in applying for a Minnesota Department of Public Safety Safe and Sober grant which will fund overtime for officers to work additional traffic enforcement shifts. We were awarded the grant and will begin the overtime traffic enforcement shifts this fall. Training The following is a list of courses attended: • Chief Executive Officer Forum- National Center for Missing and Exploited Children. • Emergency Vehicle Operations- Pursuit Driving Course- held in conjunction with Ramsey County Sheriff’s Office, and White Bear Lake PD at the old Twin Cities Ammunition Plant- in Arden Hills. 5 2401 County Highway 10 Mounds View, MN 55112 Ramsey County • Automated Pawn System Use • Youth Enforcement Issues: Alcohol, Drugs, Driving • Intoxalyzer recertification course. • Taser certification course. • Power point I. • Emergency management leadership and decision making • Conceal and carry training • DARE- new curriculum training. • Department handgun qualification shoot. Records Management System / Mobile Computing Our research into new records management systems for the Department continues. We are nearing a decision on the system with the best fit for us. We hope to join other Ramsey County suburban law enforcement agencies and share a combined system. We have held numerous meetings with surrounding police agencies and records management system vendors. There are many factors under consideration including the ability to access old records, the ability to keep information received from the computer aided dispatch and to augment that data with information from other Internet accessible systems and use this information in real time on various patrol calls. Mounds View resident Rob Chafee, an independent project management consultant whose clients include 3M, Cargill, Medtronic, and numerous mid and small size companies contacted the Police Department with a desire to give something back to his city and offered to volunteer his assistance to us in our records management and mobile computing project. Mr. Chafee has attended informational meetings and spent some time learning the productivity issues, effectiveness, and safety concerns surrounding the need for upward transfer of data to County, State and Federal systems and increasing availability of valuable information in these systems to law enforcement officers. His assistance has been helpful in guiding us through the choices that will help us take advantage of the rapid advances in the information technology market as we update our technology to current standards. We will be setting up a new squad car this year with a mobile digital computer that will tie into multiple information systems. Within three years all squads have to be equipped with mobile digital computers to accommodate the 800MHz radio system. Plans are under way to incrementally replace the 20 to 30-year-old mobile data terminals currently in use in our squads with new mobile digital computers. 6 Item No. 9C Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: County Road H Sidewalk Project Resolution No. 6088 Awarding the Construction Contract Award Meeting Date: September 22, 2003 Background: On September 8, 2003, Resolution No. 6088 awarding the construction contract for the County Road H Sidewalk Project was presented to the City Council. At that time, the City Council was asked to choose from four options for awarding the contract. The anticipated cost of constructing a pathway across Spring Creek is very high. As a result, this segment of the pathway was designated as a “Bid Alternate” as opposed to being included in the original “Base Bid”. This bid arrangement would give the City Council flexibility to avoid awarding the more expensive portion of the project. The “Base Bid” consisted of the segment of pathway from Edgewood Drive to Knollwood Drive, and the “Bid Alternate” was the segment of pathway from Knollwood Drive to the West City Limits. The options presented on September 8, 2003 are summarized as follows: Option 1 – Do Not Award a Contract. Option 2 - $149,877.50 construction cost / $187,350 estimated project cost. Award the contract for just the Base Bid - segment from Edgewood Drive to Knollwood Drive. Option 3 - $383,914.60 construction cost / $480,000 estimated project cost. Award the contract for Base Bid and the Alternate – entire segment, from Edgewood Drive to West City Limits. Option 4 - $257,000 construction cost / $322,000 estimated project cost Award the contract for just the segment from Edgewood Drive to Knollwood Drive. Add in the segment from Knollwood Drive to the West City Limits as a Reviewed by City Administrator:___ change order but delete the portion where the sidewalk crosses Spring Creek. At the September 8, 2003 meeting the City Council proposed a fifth option – Option 5. This option was to award the contract for the Bid Alternate only and add in the segment of sidewalk from Knollwood Drive to Silver Lake Road as a change order – Redefining the scope of the project from Silver Lake Road to the West City Limits. The City Council then awarded the construction contract for only the Bid Alternate - Knollwood Drive to the West City Limits. Discussion: Since the Base Bid was not awarded, Staff consulted the City’s Engineering consultant and legal consultant. Both entities confirmed that the City Council cannot award the Bid Alternate without awarding the Base Bid – thus making Option 5 invalid. Given this, only the original four options remain. Should the City Council wish to redefine the scope of the project; from Silver Lake Road to the West City Limits, the City Council must select Option 1 - Do Not Award a Contract. The City would then need to reject the bids and re-advertise. Since the construction season is near its end, the project would then become a 2004 construction project. Staff would like to point out that the bids received from the low bidder, Ti-Zack Concrete, were considerably lower than the other three bidders. Following is the bid summary: Base Bid Alternate Bid Total Bid Bidder’s Name (Edge. to Knoll.) (Knoll. to West)______________ O’Mally Construction $216,597.25 $360,204.28 $576,801.53 Standard Sidewalk $210,681.50 $296,857.00 $507,538.50 Thomas & Sons $214,878.99 $419,757.00 $634,635.99 Ti-Zack Concrete $149,877.50 $234,037.10 $383,914.60 Engineer’s estimate $183,501.00 $294,022.00 $477,523.00 Ti-Zack Concrete was over $60,000 lower than the next low bid for the Base Bid – Edgewood Drive to Knollwood Drive, and was nearly $63,000 lower for the Bid Alternate. Knowing that they were so much lower than the other bidders, Ti-Zack Concrete could easily raise their bid items in the spring of 2004 and still remain the low bidder. Staff would like to make it clear that there is no guarantee that the City will receive favorable bids in 2004. Bridge option At the September 8, 2003 meeting, the City Council inquired as to the feasibility of a bridge being utilized to span Spring Creek, as opposed to the use of sheet piling. Based on a very cursory preliminary report from the City’s engineering consultant, a bridge will be approximately the same cost. However, it will require land acquisition from the property owner to the west. This property owner has already voiced an opposition to any encroachment onto his property. A bridge will also cost more in long-term maintenance. If the City Council wished to re-bid this project next spring, bids could be obtained for both the sheet piling and bridge options. Grants The City Council also inquired as to whether grants are available to assist in the funding for this project. The only possible grant source Staff is aware of is the Department Of Natural Resources’ (DNR) Local Trail Connection Grant. At this time grant monies are not available for construction in 2003. The DNR historically has had a Local Trail Connection Grant. If this program continues, it will be announced later this fall. It may be possible to get a grant (up to $50,000) should the DNR enact this program for 2004. Recommendation: If the City Council wishes to complete the County Road H Sidewalk either: 1) from Edgewood Drive to Knollwood Drive, or 2) in its entirety, as it was originally ordered, it is recommended the Council adopt the attached resolution awarding the construction contract based on the bid (Base or Total) of Ti-Zack Concrete Incorporated in the amount of ($149,877.50 or $383,914.6) for the County Road H Sidewalk Project. If the City Council wishes to redefine the scope of the County Road H Sidewalk Project from Silver Lake Road to the West City Limits, it is recommended the City Council reject all bids and NOT approve Resolution No. 6088. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6088 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AWARDING THE CONSTRUCTION CONTRACT FOR THE COUNTY ROAD SIDEWALK PROJECT AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE SAID CONTRACT WHEREAS, pursuant to Resolution No. 6078 adopted by the City Council on August 25, 2003 sealed bids were received and tabulated on September 4, 2003, at 10:00 a.m. for the County Road H Sidewalk Project; and WHEREAS, the low responsive and responsible bid was received from Ti-Zack Concrete Incorporated with a base bid of $149,877.50, an alternate bid of $234,037.10 equaling a sum total of $383,914.60; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That the (Base or Total) bid of Ti-Zack Concrete Incorporated in the amount of ($149,877.50 or $383,914.60) for the County Road H Sidewalk Project is the lowest responsive bid. 2. That a contract to perform said work is awarded to Ti-Zack Concrete Incorporated and that the Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder. 3. The Public Works Department is authorized and directed to return the deposit made for said bids, except the deposit of the successful bidder, which shall be retained until a contract has been signed. Adopted this 22nd day of September 2003. ______________________________ Jerry Linke, Mayor (ATTEST) ______________________________ Kurt Ulrich City Administrator (SEAL) Item No. 9D Meeting Date: September 22, 2003 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Second Reading and Adoption of Ordinance 718 Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2004 Attached is an ordinance to receive its second reading on Monday, September 22, 2003. The Public Hearing and first reading of the ordinance was on September 8, 2003. This ordinance continues the agreement with Xcel Energy under which Xcel Energy will collect a franchise fee in the amount of 4% of Xcel’s electric and natural gas gross operating revenues for services within the City of Mounds View during the year 2004. Ordinances 517 and 518 passed on October 13, 1992 originally enacted the franchise agreement. They provide that the City may impose a franchise fee of not more than 4% of Xcel’s gross operating revenues at any time during the 20- year term of the franchise. The 20-year term runs from 1993 through 2012 and the franchise fee was first collected in 1993. It has been the practice to include a sunset provision in the ordinance that requires it to be re-enacted each year. Franchise fees of $192,000 for the General Fund and $192,000 for the Street Improvement Fund are included in the draft 2004 budget. Enactment of the ordinance is essential to preserving this revenue source and balancing the 2004 budget. If approved by the City Council, the ordinance will then be published in the New Brighton-Mounds View Bulletin and take effect 30 days after publication. Respectfully Submitted, Charles Hansen Reviewed by City Administrator: ______ ORDINANCE NO. 718 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL ENERGY ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW FOR THE YEAR 2004 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 517 and Ordinance No. 518, which are the Franchise Agreements (“Franchise Agreements”) between the City of Mounds View (the “City”) and Xcel Energy (formerly Northern States Power Company), a franchise fee of not more than four (4.0) percent of Xcel Energy’s gross operating revenues may be imposed by the City at any time during the 20 year term of the Franchise. The franchise fee is paid as full compensation for the rights to transmit and furnish electric energy for light, heat, power and import, transport, sell and distribute natural gas for heating, illuminating and other purposes as outlined in Section 2 of Ordinance Nos. 517 and 518. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Xcel Energy under its electric and natural gas Franchise Agreements in the amount of four (4.0) percent of Xcel Energy’s gross revenues, as defined in Section 4.2 of the Franchise Agreements, commencing with Xcel Energy’s January 2004 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4 of the Franchise Agreements. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effective rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Xcel Energy shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Xcel Energy shall permit the City and its designated representative free access to the company’s records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreements. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise Agreements, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Xcel Energy by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2004. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this ___ day of ______________, 2003. Read and passed by the City Council of the city of Mounds View this ____ day of ______________, 2003. _____________________________________ Jerry Linke, Mayor _____________________________________ Kurt Ulrich, City Clerk-Administrator APPROVED AS TO FORM: _____________________________ City Attorney Item No. 9E Meeting Date: September 22, 2003 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Second Reading and Adoption of Ordinance 719 Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2004 Attached is an ordinance to receive its second reading on Monday, September 22, 2003. The Public Hearing and first reading of the ordinance was on September 8, 2003. This ordinance continues the agreement with Reliant Energy under which Reliant Energy will collect a franchise fee in the amount of 4% of Reliant’s natural gas gross operating revenues for services within the City of Mounds View during the year 2004. Ordinance 625 passed on June 28, 1999 originally enacted the franchise agreement. It provides that the City may impose a franchise fee of not more than 4% of Reliant’s gross operating revenues at any time through July 1, 2019. The franchise fee was first collected in 2001. It has been the practice to include a sunset provision in the ordinance requires it to be re-enacted each year. Franchise fees collected under this agreement are minimal due to Reliant Energy’s small customer base within the City of Mounds View. Enactment of the ordinance is important to maintain equity in relation to the City’s treatment Xcel Energy. If approved by the City Council, the ordinance will then be published in the New Brighton-Mounds View Bulletin and take effect 30 days after publication. Respectfully Submitted, Charles Hansen Reviewed by City Administrator:______ ORDINANCE NO. 719 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW FOR THE YEAR 2004 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 625, a Franchise Agreement between the City and Reliant Energy (formerly Minnegasco), the City has the right to impose a franchise fee of not more than four (4) percent on Minnegasco in amount and fee designs as set forth in Section 4.1 of the Minnegasco Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Reliant Energy under its natural gas Franchise in the amount of four (4.0) percent of Reliant Energy’s gross revenues, as defined in Section 4.1 of the Franchise commencing with Reliant Energy’s January 2004 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4.4 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effective rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Reliant Energy shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Reliant Energy shall permit the City and its designated representative free access to the company’s records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Reliant Energy by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2004. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this _____ day of ____________, 2003. Read and passed by the City Council of the city of Mounds View this ____ day of ___________, 2003. _____________________________________ Jerry Linke, Mayor _____________________________________ Kurt Ulrich, City Clerk-Administrator APPROVED AS TO FORM: _____________________________ City Attorney Item No: 9F Meeting Date: September 22, 2003 Type of Business: PH & CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Public Hearing to Consider the Introduction and First Reading of Ordinance 720, an Ordinance Rezoning all Parcels Currently Zoned PF, Public Facilities; Special Planning Case SP-118-03 Introduction: At the City Council’s July 14, 2003 meeting, the City Attorney presented a report to the Council suggesting that the Council strongly consider a comprehensive rezoning of all City- owned properties currently zoned PF, Public Facilities. At the attorney’s urging, staff was directed to bring the issue to the Planning Commission for their review and recommendation. The attorney’s report is attached for reference. Discussion: At the August 20, 2003 meeting of the Planning Commission, staff presented the attorney’s findings and requested the Commission review the PF district and to recommend suitable alternative zoning districts for each of the 17 properties. Staff prepared maps showing all of the PF-zoned parcels and provided a map of possible rezoning scenarios. The Planning Commission generally supported the proposed revisions in light of the attorney’s recommendation and the City Council’s direction. One question was raised however concerning the necessity of such a rezoning action; especially since there are city- owned parcels NOT zoned PF. (The City owns residential properties which are zoned residential, and in one case, commercial.) The City Attorney was asked about this and the paraphrased response is as follows: The evidence of city-owned properties not zoned PF is further reason to change from a PF designation, in that all city-owned property is “supposed” to be zoned PF, according to the City Code. Section 1118.01 of the Code states that “The purpose of the PF, Public Facilities District is to provide for land areas, waterways and water areas owned, controlled, regulated, used or proposed to be used by the City. (Emphasis added.) Thus, by not rezoning properties controlled by the City to PF, the City is acting contrary to its own Code. The underlying issue is that property should be zoned based upon the “use” rather than who owns it. Based upon the discussion, the Commission drafted staff to draft an ordinance, resolution and final map showing the proposed changes to the Commission to forward on the City Council. At the September 3, 2003 meeting, the Planning Commission approved a resolution (attached) recommending the changes as presented herein, recommending also changes to the City’s Comprehensive Plan Future Land Use Map to adjust for the proposed changes. PF Rezoning Report September 22, 2003 Page 2 The following is a list of uses on parcels presently zoned PF: • City parks • Wells & pump houses • City Hall • Water treatment facilities • Water tower • The Bridges Golf Course • The Community Center. The following table represents the proposed zoning designations for the above uses: Land Uses Current Zoning Proposed Zoning City Parks PF R-1, Single Family Residential City Wells PF R-1, Single Family Residential City Hall PF B-3, Highway Business Commercial Community Center PF B-3, Highway Business Commercial Golf Course PF I-1, Industrial Public Works Garage PF I-1, Industrial Water Tower, Reservoir PF I-1, Industrial Old Water Tower Site PF I-1, Industrial Rationale: The Planning Commission recommends the above designations after much discussion regarding the various possibilities. City parks were designated for R-1, Single Family Residential as most parks are completely within single-family residential districts and “parks” is an allowed use in the R-1 district. The City has three well sites in the community, all within single-family districts. While “Industrial” was discussed as a potential zoning district for the wells, given their locations within residential districts and the fact that “essential services” is a use within the single-family district, R-1 appeared more appropriate and less likely to generate any “spot zoning” concerns. City Hall is essentially just an office building and office buildings are permitted within the B-3, Highway Business district. Community Centers are also permitted in the B-3, Highway Business district and given the present tenants (and potential tenants) the B-3 commercial designation seemed appropriate. The public works garage, the water tower and reservoir and water treatment facility, all on the City Hall campus, are industrial uses and such a designation would be proper. Last, with regard to the Golf Course, the Commission considered either a commercial designation or the industrial label. Based on the surrounding properties and based on previous zoning and comp plan designations, the Commission felt “Industrial” was the more appropriate of the two. Because golf courses are currently only allowed in the PF district, a text amendment is necessary and such an ordinance has been drafted for consideration. PF Rezoning Report September 22, 2003 Page 3 Comprehensive Plan. The Comp Plan Future Land Use Map (attached) designates the parcels currently zoned PF as a mix of different classifications. Parks are designated as Natural Open Space (OSN), Passive Open Space (OSP) or Outdoor Sport and Recreation (SRO). City wells are designated Utility (UTL) while City Hall and the Public Works garage are designated Institutional (IN). The Community Center is guided as Indoor Sport and Recreation (SRI) and the site of the former water tower in the Mustang Drive industrial park is designated Heavy Industrial (HI), probably in anticipation of a reuse by one of the adjoining business on Mustang Drive. This is important because the City’s Zoning Map needs to be consistent with (or, not inconsistent with) the City’s Future Land Use Map. To aid in evaluating whether a property with a certain zoning designation is consistent with the future intended use, a compatibility table is included in the Comprehensive Plan. The compatibility table, attached to this report for your review, indicates that the only compatible zoning districts for OSN and SRO properties (parklands and the golf course) are CRP and PF. Incompatibility issues arise with the other parcels as well. Thus, the future land-use designations for the City Hall, Community Center and the Golf Course will need to be amended. Notification and Feedback: Upon the advise of the City Attorney, Staff sent out notifications to property owners within 350 feet of every parcel zoned PF in the City. Altogether, 1,500 public hearing notices were mailed out. Staff subsequently fielded many phone calls and electronic messages from residents and business representatives questioning the proposed rezonings. Most of the callers understood the rationale behind the proposed rezonings once all of the factors were explained and once assured that the land uses would not be changing. As a property owner, one can certainly understand the concern a proposed rezoning action can generate within the community. It should be restated herein and announced publicly at the meeting that no land use would change as a result of this rezoning action. Parks will remain parks, City wells will remain City wells, the golf course will remain the golf course. Recommendation: Open the public hearing and consider the testimony of residents, the attorney and staff regarding Ordinance 720. Staff and the Planning Commission recommend approval of the first reading and introduction of the rezoning ordinance. _____________________________________ James Ericson Community Development Director Reviewed by City Administrator: _______ City of Mounds View – Comprehensive Plan TABLE 9: Comprehensive Plan / Zoning Compatibility Comprehensive Plan Land Use Designation Compatible Zoning Districts SFD: Single-Family, Detached R-1: Single-Family Residential PUD: Planned Unit Development SFA: Single-Family, Attached R-1: Single-Family Residential R-2: Single and Two Family Residential R-3: Medium Density Residential PUD: Planned Unit Development R-5: Mobile Home MF: Multifamily R-3: Medium Density Residential R-4: High Density Residential PUD: Planned Unit Development R-O: Residential Office MHP: Manufactured Housing Park R-5: Mobile Home NC: Neighborhood Commercial B-1 Neighborhood Business PUD: Planned Unit Development R-O: Residential Office CC: Community Commercial B-2: Limited Business B-3: Highway Business PUD: Planned Unit Development R-O: Residential Office RC: Regional Commercial B-4: Regional Business PUD: Planned Unit Development HC: Highway Commercial B-3: Highway Business B-4: Regional Business PUD: Planned Unit Development OFC: Office B-2: Limited Business B-3: Highway Business B-4: Regional Business R-O: Residential Office PUD: Planned Unit Development MU-PUD: Mixed Use Planned Unit Development PUD: Planned Unit Development LI: Light Industrial I-1: Industrial PUD: Planned Unit Development HI: Heavy Industrial I-1: Industrial PUD: Planned Unit Development IN: Institutional R-1: Single-Family Residential R-4: High Density Residential PF: Public Facilities SRO: Sport/Recreational; Outdoor PF: Public Facilities SRI: Sport/Recreation; Indoor CRP: Conservancy, Recreation, and Preservation OSN: Open Space; Natural OSP: Open Space; Passive MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 736-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A COMPREHENSIVE REZONING OF PARCELS ZONED PF AND A TEXT AMENDMENT TO CHAPTER 1116 OF THE MOUNDS VIEW ZONING CODE PERTAINING TO PERMITTED USES IN THE I-1 ZONING DISTRICT; MOUNDS VIEW PLANNING CASE NO. SP-118-03 WHEREAS, the Planning Commission has become aware of a situation concerning parcels zoned Public Facilities (PF) which is necessitating a comprehensive rezoning action; and, WHEREAS, only parcels owned by the City of Mounds View are zoned Public Facilities, as stated in Section 1118.02; Public Facilities Permitted Uses; and, WHEREAS, according to Section 1118.02, no parcels not owned by the City of Mounds View may be zoned PF; and, WHEREAS, it has been brought to the City’s attention that the City’s current practice of zoning parcels based on land ownership relative to the PF Zoning district is not consistent with conventional zoning practices; and, WHEREAS, the City Attorney has suggested that the City rezone City-owned parcels based upon the land use present on the particular parcel. NOW, THEREFORE, BE IT RESOLVED, the Planning Commission recommends rezoning city-owned parcels to zoning designations consistent with the land use present on the parcel as follows and as shown on the attached Exhibit A: Land Uses Current Zoning Proposed Zoning City Parks PF R-1, Single Family Residential City Wells PF I-1, Industrial City Hall PF B-3, Highway Business Commercial Community Center PF B-3, Highway Business Commercial Golf Course PF I-1, Industrial Public Works Garage PF I-1, Industrial Water Tower, Reservoir PF I-1, Industrial Old Water Tower Site PF I-1, Industrial NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends adoption of an ordinance to amend Chapter 1116 of the Mounds View Zoning Code to add “Golf Course” as a permitted use. Ordinance 736-03 Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends adoption of a Comprehensive Plan amendment to update the Future Land Use (FLU) Map to be consistent with the recommended rezoning actions as herein indicated. NOW, THEREFORE, 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 3rd day of September, 2003. __________________________________ Gary Stevenson, Chairperson ATTEST: ______________________________________ James Ericson Community Development Director (SEAL) N:\Data\Groups\Comdev\Special Projects\SP-118-03 (PF Rezoning)\736-03, PF Revisions.doc _______________________________________________________________________________ SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com July 14, 2003 Mr. Jim Ericson Interim City Clerk-Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 RE: Zoning Code District Review Dear Jim: In light of the recent MN Supreme Court decision in the case of In the Matter of Denial of Eller Media Company’s Applications for Outdoor Advertising Device Permits in the City of Mounds View, Minnesota and the reasoning set forth in that case, an issue that has been discussed by the City in the past regarding the City of Mounds View Zoning Code and the districts contained therein now appears to warrant additional review by the City of Mounds View. Specifically, the issue is the existence of a public facilities (PF) district in the zoning code that covers a range of uses from public parks through wastewater treatment facilities. The PF district distinction is based solely on ownership of a parcel of land, which has to be by the City of Mounds View, and does not deal with the type of land use actually being made of a given parcel of land. As the MN Supreme Court points out in its opinion, zoning deals with land uses and the City’s authority to regulate such land uses. In the case of the PF district designation in the City of Mounds View’s City Code, the designation exists solely for the purpose of convenience for categorizing land owned by the City and not because of the actual use being made or the intended use to be made of a parcel of land, which should actually be the establishing or guiding factor of a zoning district designation. Thus, consistent with the MN Supreme Court’s reasoning in the Eller case, it may be best to revise or entirely delete the PF district designation existing in the City’s Code (which only applies to City-owned parcels) and to revise such districts to guide the uses made of those parcels, e.g.: parks- residential; wastewater treatment plants-industrial; city offices-business/commercial/industrial; golf courses-business/industrial (golf courses are a permitted use in a business district as presently defined by the Mounds View City Code). The revisions or elimination of the PF district would be consistent with the MN Supreme Court’s reasoning in the Eller case in that the “label” for the use allowed in the district would actually match the use being made of a given parcel of land, and that the “label” for a district would not be merely determined by who owns the property (which only applies in the case of the City, as the Mounds View City Code is presently drafted). Additionally, it could be argued that the existence of PF district “islands” for individual parcels of land that are surrounded by the City’s other zoning districts (which are appropriately based on land use issues) constitutes “spot zoning” as discussed in the MN Supreme Court’s Opinion. In any event, while over the course of the past three or four years this issue has been raised because of the rezoning that is required every time the City acquires a parcel of land, it would appear that the PF district designation makes little sense as a designated zoning district in a land-use context, and that the City should strongly consider revising its zoning code to deal specifically with zoning in the land-use context rather than in the ownership context. Please feel free to contact me with any questions you may have regarding this matter and the suggestions noted herein. Sincerely, KENNEDY & GRAVEN, CHARTERED Scott J. Riggs Mounds View City Attorney SJR:jms cc: Bob Vose ORDINANCE NO. 720 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CODE BY DELETING CHAPTER 1118 PERTAINING TO THE PF, PUBLIC FACILITIES DISTRICT, AND REZONING ALL PF DESIGNATED PROPERTY IN THE CITY OF MOUNDS VIEW WHEREAS, the City Attorney has recommended review of the PF (Public Facilities District) zoning district designation in the Mounds View City Code; and WHEREAS, the City Council and Planning Commission have reviewed the PF (Public Facilities District) zoning district designation in the Mounds View City Code; and WHEREAS, the Mounds View City Council and Planning Commission have become aware of a situation concerning parcels zoned PF (Public Facilities District) which necessitates a comprehensive rezoning action; and WHEREAS, only parcels owned by the City of Mounds View are zoned Public Facilities, as stated in Section 1118.02 (Public Facilities Permitted Uses) of the Mounds View City Code; and WHEREAS, according to City Code Section 1118.02, only parcels owned by the City of Mounds View may be zoned PF; and WHEREAS, it has been brought to the City’s attention that the City’s current practice of zoning parcels based on land ownership relative to the PF Zoning district is not consistent with conventional zoning practices; and WHEREAS, the City Attorney has suggested that the City rezone City-owned parcels based upon land use rather than based upon parcel ownership; and WHEREAS, the Planning Commission recommends rezoning City-owned parcels to zoning designations consistent with the following table and as shown on the map attached as Exhibit A; and Ordinance 720 Page 2 Land Uses Current Zoning Proposed Zoning City Parks PF R-1, Single Family Residential City Wells PF R-1, Single Family Residential City Hall PF B-3, Highway Business Commercial Community Center PF B-3, Highway Business Commercial Golf Course PF I-1, Industrial Public Works Garage PF I-1, Industrial Water Tower, Reservoir PF I-1, Industrial Old Water Tower Site PF I-1, Industrial WHEREAS, the Mounds View Planning Commission recommends adoption of a Comprehensive Plan amendment to update the Future Land Use (FLU) Map to be consistent with the recommended rezoning actions as herein indicated; and WHEREAS, the City Council concurs with the recommendations of the Planning Commission; and WHEREAS, the City Council also desires to adopt a zoning text amendment to eliminate Chapter 1118, the PF (Public Facilities District) zoning district designation, from the Mounds View City Code; and WHEREAS, the City of Mounds View has zoning ordinances and a zoning map with their purpose being as outlined in Title 1100 of the Mounds View City Code governing zoning, which may be amended pursuant to the authority and procedures outlined in Section 1125 of the Mounds View City Code; and WHEREAS, the procedures outlined in Section 1125 of the City Code pertaining to amendments to the zoning ordinance have been fully satisfied, including a public hearing conducted by the City Council on September 22, 2003 and a recommendation by the Mounds View Planning Commission to rezone being submitted to the City Council. NOW, THEREFORE, BE IT RESOLVED, THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: The recitals set forth above in this ordinance are incorporated into and made a part of this ordinance as if fully set forth herein and constitute the findings of the City Council regarding this matter. Ordinance 720 Page 3 SECTION 2: Chapter 1118 of the Mounds View Zoning Code is hereby deleted in its entirety. SECTION 3: The City of Mounds View ordains that the parcels of land as set forth and described in the table below be rezoned from PF (Public Facilities District) to the corresponding zoning district as set forth in table attached as Exhibit B. SECTION 4. This Ordinance becomes effective thirty (30) days after its publication in the official City newspaper. First read by the City Council of the City of Mounds View on the 22nd day of September, 2003. Read and passed by the City Council of the City of Mounds View the _____ day of __________, 2003. ________________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, Clerk/Administrator (SEAL) APPROVED AS TO FORM: _________________________ City Attorney Exhibit A. Exhibit B. Item No: 9G Meeting Date: September 22, 2003 Type of Business: PH & CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Public Hearing to Consider the Introduction and First Reading of Ordinance 721, an Ordinance Amending Chapter 1116 of the Mounds View Zoning Code; Special Planning Case SP-118-03 Introduction: Ordinance 721 is a tandem ordinance with Ordinance 720, an ordinance rezoning all of the properties in the City currently zoned Public Facilities. With a rezoning of the golf course and the elimination of the PF district, it becomes necessary to amend the zoning code to add “Golf Course“ as a use within the targeted zoning district Discussion: The Planning Commission reviewed all of the options relating to potential districts appropriate for golf courses. Other than within the PF district, golf courses are not permitted thus an amendment is needed. Because of the zoning and land uses of parcels near the golf course and also considering previous golf course zonings and comp plan designations, it became apparent that the course should be rezoned to the Industrial district. At the September 3, 2003 meeting, the Planning Commission approved a resolution recommending approval of the proposed text amendment to Chapter 1116. Recommendation: Open the public hearing and take testimony from staff and residents regarding the proposed text amendment. Staff and the Planning Commission recommend approval of the first reading and introduction of attached Ordinance 721, an ordinance amending Chapter 1116 of the Zoning Code by adding “Golf Course” as a permitted use within the I-1, Industrial zoning district. ___________________________ James Ericson Community Development Director 763-717-4021 Reviewed by City Administrator _________ ORDINANCE NO. 721 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 1116.02 OF THE MOUNDS VIEW ZONING CODE PERTAINING TO PERMITTED USES IN THE I-1 ZONING DISTRICT THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1116.02 of the Mounds View Zoning Code is hereby amended with the proposed additions underlined to read as follows: Section 1116.02: PERMITTED USES: The following are permitted uses in an I-1 District: Golf Course SECTION 2. This Ordinance becomes effective thirty (30) days after its publication in the official City newspaper. First read by the City Council of the City of Mounds View on this 22nd day of September, 2003. Read and passed by the City Council of the City of Mounds View this _____ day of __________, 2003. Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, Clerk / Administrator (SEAL) APPROVED AS TO FORM: _________________________ City Attorney Item No:09H Meeting Date:September 22, 2003 Type of Business:CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Chief of Police, Mike Sommer Item Title/Subject: Approval to Hire Jason Ruby as Public Service Officer Date of Report: September 22, 2003 Background: The City Council has approved the hiring of part time Public Service Officer. The Police Chief met with the Police Civil Service Commission concerning the procedures for filling the position. The following procedures were followed: • The position was advertised. 11 applications were received. • An initial review of the applicants was conducted based on experience, education and qualifications for the position to narrow the field to five acceptable candidates for interview. • A total of five of the applicants were interviewed by the interview panel consisting of a Sergeant from the New Brighton Police Department, Deputy Chief Brennan from the Mounds View Police Department, and one member of the Mounds View Police Civil Service Commission. • The interview panel rated and scored the candidates. • A meeting of the Police Civil Service Commission was held on 9-15-03. Based upon the scores of the applicants, the Commission certified the top three candidates for the position. • The top candidate for the position is Jason Ruby. Chief Sommer has meet with Mr. Ruby and recommends he be hired to the position pending a successful background investigation. Recommendation: Staff seeks council approval to proceed with appointing Jason Ruby to the part time Position of Public Service Officer at the step one rate of pay for the position. Respectfully submitted, Mike Sommer Chief of Police City Administrator Initials _____ RESOLUTION NO. 6101 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING JASON RUBY TO THE POSITION OF POLICE PUBLIC SERVICE OFFICER WHEREAS, 11 applications were received for the position of Public Service Officer. Five candidates were chosen to be interviewed by an interview panel consisting of a Police Sergeant from the New Brighton Police Department, Deputy Chief Tim Brennan of the Mounds Police Department, and Police Civil Service commissioner member Mari Shay. The panel rated the candidates and; WHEREAS, the police civil service commission rated and certified the top three candidates. The top candidate is Jason Ruby and; WHEREAS, the Chief of Police has met with Mr. Ruby and recommends he be appointed to the part-time position of Public Service Officer. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby appoint Jason Ruby to the position of Public Service Officer at the step one rate of pay for the position Adopted this 22th day of September 2003. ______________________________ Jerry Linke, Mayor ATTEST: _______________________________ Kurt Ulrich City Clerk/Administrator (SEAL) Item No: 9I Meeting Date: September 22, 2003 Type of Business: Council Business City of Mounds View Memorandum To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution 6103 Approving the Purchase of an Upgrade to the Automated Water Meter Reading System In the mid 1990s, the City of Mounds View installed remote read water meters operating over the telephone lines in substantially all homes served by the water utility. A computer system was purchased at the same time and from the same company to dial up the meters and get the readings when needed for utility billing. This computer system was based on Microsoft DOS, an older operating system than the Microsoft Windows that is common today. Maintaining this operation requires us to take an older PC, delete Windows and install DOS. This is getting harder to do as older PCs are retired and new PCs are purchased. Invensys Metering Systems, the vendor for the entire system, has developed a Windows based version of the software and announced that they will stop supporting the DOS version at some point in the future. Given the City’s installed base of remote read water meters, there really is no alternative to having a computer and software to accomplish the quarterly reading of water meters. Purchase price for the upgraded software is $3,500, plus sales tax and shipping. Given that the DOS version of the meter reading software lasted for eight or nine years and that the Windows version will also last for many years, this isn’t a high price for software. A new personal computer will also be needed to run the meter reading process and will cost no more than $1,000. The City has been paying Invensys Metering Systems an annual fee for ongoing system support and that will need to continue. Funds for the purchase of the software and PC can come from the existing capital outlay budget of the Water Fund. There is an item for tuck pointing of Well #4 and reservoir for $10,000 that won’t happen in 2003. The attached resolution authorizes the purchase. Respectfully submitted, ___________________________ Charles Hansen, Finance Director Reviewed by City Administrator: ________ RESOLUTION NO. 6103 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving the Purchase of an Upgrade to the Automated Water Meter Reading System WHEREAS, the City of Mounds View has utilized an automated water meter reading system operating over the telephone lines since the mid 1990s; and, WHEREAS, the existing system is a DOS based system that the vendor, Invensys Metering Systems will cease to support in the near future; and WHEREAS, there is an upgrade available that will work with the installed base of water meters and will be supported by the vendor; and WHEREAS, the price quoted for the upgrade is $3,500 plus sales tax and shipping; and WHEREAS, a personal computer costing no more than $1,000 will also be needed to run the software. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that the purchase from Invensys Metering Systems of the automated water meter reading system an amount not to exceed $4,000 and the purchase of a personal computer for an amount not to exceed $1,000 are authorized from the W ater Fund. Adopted this 22nd Day of September 2003. ______________________________ Jerry Linke, Mayor (ATTEST) ______________________________ Kurt Ulrich City Administrator (SEAL) Item No. 9J 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: Kurt Ulrich, City Administrator Item Title/Subject: Request From Ramsey County to Appoint an Elected Official to Serve on the County Public Safety Communications (800 MHz) Policy Committee Meeting Date: September 22, 2003 Background: Attached is a letter from Ramsey County Board Chair Jim McDonough requesting appointment of an elected official to serve on the county Public Safety Communications (800 MHz) Policy Committee. Discussion: The County is looking for one elected official that has the time and interest to serve on this committee. This seat on the committee will represent fifteen of the smaller communities in the County. This issue will be an important and expensive capital expenditure for the City in future years. Recommendation: It is recommended that the City Council appoint any member showing interest in serving on this committee. This name will be forwarded to Ramsey County for consideration. Respectfully Submitted, Kurt Ulrich, City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 September 8, 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 (absent), Marty, Stigney, and Gunn 16 17 4. APPROVAL OF AGENDA 18 19 A. Monday, September 8, 2003 City Council Agenda. 20 21 Community Development Director Ericson requested that item 9H be removed from the agenda. 22 23 MOTION/SECOND: Marty/Stigney. To Approve the Monday, September 8, 2003 Agenda as 24 Presented. 25 26 Ayes – 4 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 William Werner of 2765 Sherwood Road addressed Council and asked whether Members had 31 read the article he had given them last time on the wisdom of living more efficiently. 32 33 Mayor Linke indicated he found it interesting. 34 35 Mr. Werner indicated he would look for a frame to put it in and hang up. He then gave a copy of 36 the article to Finance Director Hansen since the budget is on the agenda for discussion. 37 38 Richard Wollins addressed Council and indicated that he owns 2661 and 2663 County Road I 39 and reviewed the history of his dealings with the City. In April of 1990 he came to the City and 40 asked to build the building and did not request TIF at that time they had the engineering stamp of 41 approval and signed a development agreement. On August 22, 1991 and April 1, 1990 there was 42 fire sprinkler approval and they met the terms of the City. On April 23, 1994 the building was 43 re-inspected and found more than adequate. 44 45 Mounds View City Council September 8, 2003 Regular Meeting Page 2 Mr. Wollins indicated there was an issue because Burger King had been built without fire 1 protection so he worked out an agreement with the City that he would put in a six inch watermain 2 and a fireplug to assist with any fires at Burger King. He then said that the City of Mounds View 3 has been nothing but gracious and kind with helping him and he thanked but said he now needs 4 help. 5 6 Mr. Wollins indicated that he is selling the business to his manager over a five year time period 7 so the business requested a fire inspection on December 4, 2000 and on December 14, 2000 it 8 was found that the system had not been tested for 18 months, there was toilet paper in the utility 9 room, an extension cord in the building and a bike too close to the electrical box. On December 10 24, 2000 all requests were complied with. After that Summit Fire Protection was hired to do an 11 inspection and test of the sprinkler and he was told that additional sprinklers were needed within 12 the building. 13 14 Mr. Wollins indicated that it is ridiculous to think that his building needs more sprinklers 15 because if there is no one at that building within 7 minutes the building turns into an aquarium so 16 he said he would not do it. The fire marshal indicated that either the job be given to Summit Fire 17 Protection or he would prosecute for the violations and that was done. He then said he paid 18 $140.00 in fines and $1,097 to update the sprinkler systems. 19 20 Mr. Wollins indicated that as a former councilman it seems strange that a City Attorney would 21 prosecute for so few violations. He then said the reason he is here now is they want to come in 22 and inspect the building again and it is too much. His renters are saying they want to move out 23 of Mounds View because this is too much harassment. He further indicated that he wants to 24 follow the rules and regulations of the City and be a good businessman but the City is driving 25 him out. He also indicated that his business is dropping off and his taxes are going up and asked 26 Council to help him stay in Mounds View. 27 28 David Jahnke of 8428 Eastwood Road indicated he and the Mayor had spoken briefly prior to the 29 meeting concerning the Community Center and he does not understand the subsidy. 30 31 Mayor Linke indicated he is looking into the matter and could provide further information at a 32 later time. 33 34 Mr. Jahnke indicated he is getting concerned about what is going on with the building inspector 35 and he feels there is a vendetta and things are being taken to the extreme. He then said that there 36 have been cases other than this one and he is beginning to wonder about the qualifications of this 37 person that is doing this. He further commented that there is a concern and enough trouble with 38 the businesses on Highway 10 and he thinks someone should look into the qualifications of this 39 person. 40 41 Mr. Jahnke indicated he is also concerned about the budget. 42 43 Mayor Linke asked Mr. Ulrich to follow up on the concerns raised. 44 45 Mounds View City Council September 8, 2003 Regular Meeting Page 3 David Vinkstra of 8000 County Road H2 asked when the landscaping and paving of H2 was 1 going to be done. 2 3 Public Works Director Lee indicated that the work is underway right now and they are restoring 4 the boulevards and grading for the pathway. 5 6 Mr. Vinkstra asked what was going to be done with the mosquito pond next door to him and 7 whether it would be landscaped in any way or just remain a weed center. 8 9 Public Works Director Lee indicated that it would be restored as part of the H2 project he then 10 said there is a good probability that it will go away if the Woods of Mounds View proceeds. 11 12 Mr. Vinkstra asked if the City was aware that there are wetlands back there and they are 13 protected areas that cannot be disturbed. 14 15 Mayor Linke indicated the City is aware of that. 16 17 Mr. Vinkstra indicated they have come before Council previously with their opposition to this 18 project and said that every neighbor is adamantly against that development as it destroys the 19 environment. He then said that if anyone goes near the wetland the neighbors intend to pool their 20 money and get an injunction against the City. 21 22 6. SPECIAL ORDER OF BUSINESS 23 24 None. 25 26 7. JUST AND CORRECT CLAIMS 27 28 A. Just and Correct Claims 29 30 Council Member Marty asked whether Check Number 111641 for roof repair in the amount of 31 $196.00 is covered by insurance. 32 33 Finance Director Hansen indicated he is waiting to make sure all the invoices related to that 34 claim have been received and they will all be submitted at the same time. 35 36 Council Member Marty asked for clarification of Check Number 111668. 37 38 Finance Director Hansen explained that the City did soil borings and Mr. Fyksen paid 1/3 of the 39 cost but the developer has now reimbursed the City for those costs and the City is reimbursing 40 Mr. Fyksen. 41 42 Council Member Marty commented that Check Number111695 4 seems out of line for tires. 43 44 Public Works Director Lee indicated the tires were for a one-ton truck. 45 Mounds View City Council September 8, 2003 Regular Meeting Page 4 1 Council Member Marty asked whether Check Number 111704 to repair the sprinkler damage due 2 to lightening would be included in the insurance claim. 3 4 Finance Director Hansen indicated that everything related to the lightening strike will be 5 submitted. 6 7 Council Member Gunn asked what Check Number 111674 for grouting was for. 8 9 Public Works Director Lee indicated that was for the grouting of an eight inch pipe and six joints 10 on Sunnyside Road and nine joints on Bono Road to fill cracks. 11 12 MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. 13 14 Ayes – 4 Nays – 0 Motion carried. 15 16 8. CONSENT AGENDA 17 18 A. Licenses for Approval 19 B. Resolution No. 6084, Approving the Contract Award for Corrective Work on the 20 HVAC System at the Community Center 21 C. Resolution No. 6085, Approving the Purchase of Replacement Asphalt Roller 22 D. Resolution No. 6086, Authorization to Install Stop Signs at the Intersection of 23 Quincy Street and Woodale Drive 24 E. Resolution No. 6089, Approving the Contract for Golf Course Security System 25 F. Resolution No. 6093, Appointing Bruce Meehan to a Vacant Position in the 26 Streets Division of Public Works 27 G. Set a Public Hearing for Monday, September 22, 2003 at 7:05 p.m. to Consider 28 the Introduction and First Reading of Ordinance 720, an Ordinance to 29 Comprehensively Rezone Parcels Zoned PF 30 H. Set a Public Hearing for Monday, September 22, 2003 at 7:10 p.m. to Consider 31 the Introduction and First Reading of Ordinance 721, an Ordinance Amending 32 Chapter 1116 Regarding Permitted Uses Within the I-1, Industrial Zoning District 33 I. Postpone a Public Hearing to Receive Public Input and Pass Upon a Special 34 Assessment Levy for Delinquent Public Utility Accounts from 7:05 p.m. on 35 Monday September 22, 2003 to 7:05 Monday, October 13, 2003 36 J. Postpone a Public Hearing to Receive Public Input and Pass Upon a Special 37 Assessment Levy for County Road H2 Street Improvement Project from 7:10 pm 38 on Monday, September 22, 2003 to 7:10 p.m. on Monday, October 13, 2003 39 K. Postpone a Public Hearing to Receive Public Input and Pass Upon a Special 40 Assessment Levy for Diseased Tree Removals from 7:10 p.m. on Monday, 41 September 22, 2003 to 7:15 p.m. on Monday, October 13, 2003 42 L. Resolution No. 6099, Purchase of a Power Point Projector for the Police 43 Department 44 Mounds View City Council September 8, 2003 Regular Meeting Page 5 M. Establish an Executive Session Immediately after City Council Meeting to 1 Discuss Union Negotiations 2 3 Council Member Stigney requested that Items E and F be removed for discussion. 4 5 Council Member Marty requested that Item L be removed for discussion. 6 7 MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items A, B, C, D, G, H, I, J, 8 K and M as Presented. 9 10 Ayes – 4 Nays – 0 Motion carried. 11 12 Council Member Stigney indicated he did not receive copies of the bid from Electro watchman. 13 14 Golf Course Manager Burg indicated she would make copies and provide them to Council. 15 16 Council Member Stigney requested that Resolution 6093 be read. 17 18 MOTION/SECOND: Stigney/Marty. To Approve Resolution 6093, Appointing Bruce Meehan 19 to a Vacant Position in the Streets Division of Public Works. 20 21 Mayor Linke read a portion of Resolution 6093 and indicated that Mr. Cardell worked for the 22 City for 27 years and he is retiring and will be sorely missed. 23 24 Ayes – 4 Nays – 0 Motion carried. 25 26 Council Member Marty indicated that the Police Department had asked the Lions for assistance 27 with purchasing a power point projector and the Lions agreed to provide the $1,800 for the 28 projector. He then said he wanted to recognize the Lions for helping the City. 29 30 MOTION/SECOND: Marty/Stigney. To Approve Resolution 6099, Authorizing the Purchase of 31 a Power Point Projector for the Police Department. 32 33 Council Member Stigney thanked the Lions. 34 35 Chief Sommer thanked the Lions for the support of the Police Department and said this 36 equipment would be very helpful for the City and shared among the other departments. 37 38 Ayes – 4 Nays – 0 Motion carried. 39 40 Golf Course Manager Burg reviewed how she came to choose Electro watchman indicating that 41 they are reputable and she has used them in previous locations and they are willing to put the 42 alarm system in at their expense and the price is less for monitoring annually. 43 44 Mounds View City Council September 8, 2003 Regular Meeting Page 6 Council Member Marty indicated he was concerned that the contract does not have an exit clause 1 if it fails as the last one did and the City wants to terminate the contract. 2 3 Golf Course Manager Burg indicated she had asked about an exit clause and was told that it will 4 take the company five years to break even on installation costs but if there is an issue they are 5 willing to sit at the table and discuss it. 6 7 Council Member Marty asked if there is any video monitoring. 8 9 Golf Course Manager Burg indicated that video monitoring is not included in this system. She 10 then said she had gone to ADT to view video monitoring systems but that is an entirely separate 11 system and would cost another $3,000 to $4,000 so she did not do any further research into the 12 matter. 13 14 Council Member Stigney asked what the difference in the two sheets was. 15 16 Golf Course Manager Burg indicated that the maintenance garage and club house have to be 17 separate systems because they are too far apart for low voltage wire to be on the same system. 18 19 Council Member Stigney commented that video cameras are inexpensive. 20 21 Golf Course Manager Burg indicated that none of the security systems have video. She then said 22 that the quality of the type of system from Sam’s did not have enough resolution to recognize 23 people for identification and they cannot be seen at night when most incidents occur. 24 25 Council Member Stigney indicated that the system could activate video. 26 27 Mayor Linke indicated that the Lions have video at one establishment and for one camera and 28 cable to set it up it was $3,000 for high quality video. 29 30 Golf Course Manager Burg indicated that if it gets to the point that the City feels the budget can 31 handle video surveillance she would need to do a lot of shopping to determine the best system for 32 the best cost but she has not done so at this time. 33 34 Council Member Stigney asked whether Staff was assured that this system will handle the needs 35 at the course given the fact that the current system recently failed. 36 37 Golf Course Manager Burg indicated that after the last problem the system is set up to call 38 Ramsey County Dispatch rather than the clubhouse. 39 40 Council Member Stigney asked how quickly the monitoring company would respond to a break 41 in. 42 43 Mounds View City Council September 8, 2003 Regular Meeting Page 7 Golf Course Manager Burg indicated she had Electro watchman in New Brighton and they were 1 very responsive but she also explained that burglars are in and out quickly before the police can 2 respond to the area. 3 4 Council Member Stigney indicated he did not see anything in the contract concerning a 5 timeframe for responding to a break-in alarm. 6 7 Golf Course Manager Burg indicated that Ramsey County Dispatch is first on the list to be called 8 and they would send an officer to the location as quickly as possible. 9 10 Council Member Stigney indicated that the company would have no liability and there is no 11 warranty or anything. 12 13 Golf Course Manager Burg indicated that they own the system and warranty it and will cover all 14 parts and workmanship. She then clarified that they do not cover damages or losses if there is a 15 break in and the alarm system works. 16 17 Council Member Stigney indicated the City is installing a brand new system based on the fact 18 that it will do something for the City but if it fails there is no exit clause for the City and he is 19 concerned with that. 20 21 Mayor Linke indicated there is a clause for liability for a limit of $250. 22 23 Council Member Stigney asked what happens in a power failure. 24 25 Golf Course Manager Burg indicated that there is battery back up in a power failure. 26 27 Golf Course Manager Burg indicated that after discussing what happened with other vendors she 28 said they feel the City would have a valid lawsuit but the amount of money to pursue it is not 29 worth what was lost. 30 31 City Administrator Ulrich indicated he would look into writing language into the contract to 32 provide an out for the City in the event of system failures. 33 34 MOTION/SECOND: Stigney/Marty. To Approve Resolution 6089 Approving the Contract for 35 the Golf Course Security System With the Condition that There is an Exit Clause Added. 36 37 Mayor Linke asked for clarification of the conditions of approval. 38 39 Council Member Stigney indicated he wanted an exit clause added to the contract to allow the 40 City the option of terminating the contract if the system proves to be inadequate for the City’s 41 needs or fails for some reason. 42 43 Ayes – 4 Nays – 0 Motion carried. 44 45 Mounds View City Council September 8, 2003 Regular Meeting Page 8 9. COUNCIL BUSINESS 1 2 A. Resolution No. 6088, Approving the Contract Award for the County Road H 3 Sidewalk Project. 4 5 Public Works Director Lee addressed Council and provided a brief overview of the project costs 6 giving Council four options for proceeding with the sidewalk project and asking for direction on 7 how to proceed. 8 9 Council Member Marty commented that Option four leaving out the Spring Creek crossing does 10 not seem to make sense. He then suggested a sidewalk from Silver Lake Road to the western 11 City limits. 12 13 Public Works Director Lee asked if that suggestion would include crossing Spring Creek. 14 15 Council Member Marty indicated that it would. 16 17 Mayor Linke indicated that the engineer’s estimate missed $40,000 worth of retaining walls that 18 they should have been aware of. He then said he is disappointed with the handling of this project 19 by the engineer as he does not feel the City received an accurate estimate of costs. 20 21 Council Member Marty indicated that SEH has worked with Rice Creek so they should be 22 familiar with requirements and this should not have taken them by surprise the way it did. 23 24 Council Member Stigney asked that based on the financial factors of the City and his engineering 25 expertise what the Staff recommendation would be. 26 27 Public Works Director Lee indicated that from an engineering standpoint he would recommend 28 Option Three and that is why he added Option Four as a cost saving measure. 29 30 Mayor Linke asked whether a bridge over the creek would be less expensive. 31 32 Public Works Director Lee indicated he would need to research the matter but said the City 33 would not be allowed to fill in any of the area going into Spring Creek and the soils will not 34 support a concrete wall as in the original proposal. 35 36 Public Works Director Lee suggested approval of Option Four as it allows for change orders. 37 38 Mayor Linke indicated that if this is done he would like to do it in its entirety but look at areas 39 where the City could save money, if possible. 40 41 Council Member Stigney indicated there have been issues with the bridge at the golf course and 42 he does not want to have a similar type of situation here. 43 44 Mounds View City Council September 8, 2003 Regular Meeting Page 9 Council Member Gunn indicated she was torn between Options Three and Four and asked 1 whether doing it in two sections was an issue or whether they would both be done at the same 2 time. 3 4 Public Works Director Lee indicated this company is known for efficiency and how quickly they 5 put in sidewalks. He then said he has contacted other cities that have worked with this contractor 6 and they are very efficient. 7 8 MOTION/SECOND: Stigney/Gunn. To Waive the Reading and Approve Resolution 6088 9 Approving the Contract Award for the County Road H Sidewalk Project with Option Four. 10 11 Council Member Marty indicated he would like further information and asked whether there was 12 an issue with timing on this project. 13 14 Public Works Director Lee indicated that there were time constraints as the contractor is 15 scheduled to begin work on September 22, 2003. 16 17 Council Member Marty asked whether the amounts covered pole relocations. 18 19 Public Works Director Lee indicated that it did. 20 21 Council Member Marty indicated that he is against duplication of service because there is a 22 sidewalk/pathway on a good share of this section on the other side of the street and there are 23 areas that have no sidewalk on either side of the street. He then suggested Option Six which 24 would be from Silver Lake Road to the Western City Limits. 25 26 Mayor Linke indicated that does not solve the problem of getting kids to school safely by moving 27 the kids on the sidewalk closer to the school where crossing guards are available. 28 29 Council Member Stigney withdrew his motion. 30 31 MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6088, 32 Approving the Contract Award for the County Road H Sidewalk Project from Silver Lake Road 33 to the Western City Limits Spanning the Creek Without Putting in all the Metal Sheeting if 34 Possible. 35 36 Public Works Director Lee indicated this would award the contract for the alternate bid and add 37 the rest as a change order. 38 39 Mayor Linke indicated he would be voting against this as he feels it is needed all the way 40 through. 41 42 Council Member Gunn indicated she would like the County to come out and talk to them about 43 redoing some of the crosswalks and explain why the City cannot have lights or stop signs to stop 44 traffic flow along there. 45 Mounds View City Council September 8, 2003 Regular Meeting Page 10 1 Public Works Director Lee indicated that Staff is working with the County on that and 2 recommends flashing lights and allowing a crosswalk at Silver Lake Road. 3 4 Council Member Stigney asked whether anyone has looked at the grant that was available for 5 trails within the City and whether it was applied for. 6 7 Public Works Director Lee indicated he had not but said he has looked into DNR grants for 8 trailways and has not been successful. 9 10 Mayor Linke asked Council Member Stigney to provide the information to Staff on the grant. 11 12 Ayes – 3 Nays – 1(Linke) Motion carried. 13 14 B. Resolution No. 6087 Approving a Seasonal Public Works Position in the 15 Sewer Division. 16 17 Public Works Director Lee reviewed his staff report with Council indicating that hiring a 18 seasonal employee for 11 to 12 weeks would save the City money and allow for more work to be 19 done on the City’s sewer system. 20 21 Public Works Director Lee indicated that the requirements of the NPDES permit is really 22 stretching the manpower of the City and they are behind in sewer cleaning since they are trying to 23 stretch manpower by taking on the whole new system looking at a storm sewer that has not been 24 looked at for 40 years. 25 26 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6087, 27 Approving a Seasonal Public Works Position in the Sewer Division. 28 29 Ayes – 4 Nays – 0 Motion carried. 30 31 C. Public Hearing, First Reading and Consideration of Ordinance 718, 32 Implementing a Franchise Tax on Xcel Energy Electric and Natural Gas 33 Operations within the City of Mounds View for the Year 2004. 34 35 Mayor Linke opened the public hearing at 8:03 p.m. 36 37 Finance Director Hansen indicated the City has had a franchise fee on natural gas and electric 38 service since 1993 which is 4% and it has been the practice of the City to annually renew this 39 franchise fee and include a sunset provision to require renewal. 40 41 Finance Director Hansen estimated that this franchise tax would raise $384,000 in the coming 42 year and is to be split 50% to the general fund and 50% to the street improvement fund. 43 44 Mayor Linke indicated he never agreed with the sunset clause and would like to remove that. 45 Mounds View City Council September 8, 2003 Regular Meeting Page 11 1 Council Member Marty indicated he is comfortable with the sunset clause as years go by Council 2 members change and economics change and another Council may want to end the franchise fee. 3 4 Council Member Stigney indicated that he would like to leave the sunset clause in the ordinance 5 because he feels residents should be told each year where the money comes from and where it 6 goes and he would like the option of ending the franchise fee at some point if that is possible. He 7 then commented that he would also like to look at closing TIF districts or specific parcels within 8 TIF districts to bring them back onto the tax rolls. 9 10 Council Member Gunn indicated she would like to leave the sunset clause in the ordinance. 11 12 MOTION/SECOND: Marty/Gunn. To Waive the Reading, Introduce the First Reading and 13 Approve Ordinance 718, an Ordinance Implementing a Franchise Tax on Xcel Energy Electric 14 and Natural Gas Operations within the City of Mounds View for the Year 2004. 15 16 Ayes – 3 Nays – 1(Linke) Motion carried. 17 18 Mayor Linke closed the public hearing at 8:12 p.m. 19 20 D. Public Hearing, First Reading and Consideration of Ordinance 719, 21 Implementing a Franchise Tax on Reliant Energy Natural Gas Operations 22 Within the City of Mounds View for the Year 2004. 23 24 Mayor Linke opened the public hearing at 8:13 p.m. 25 26 Finance Director Hansen indicated this ordinance is the companion piece to the first one as there 27 are a handful of properties within the City of Mounds View that are provided with natural gas by 28 Reliant Energy. 29 30 Mayor Linke closed the public hearing at 8:14 p.m. 31 32 MOTION/SECOND: Gunn/Stigney. To Waive the Reading, Introduce the First Reading and 33 Approve Ordinance 719, an Ordinance Implementing a Franchise Tax on Reliant Energy Natural 34 Gas Operations Within the City of Mounds View for the Year 2004. 35 36 Ayes – 4 Nays – 0 Motion carried. 37 38 E. Resolution No. 6091, Authorizing Certification of a Proposed General Fund 39 Budget and Property Tax Levy for Fiscal Year 2004. 40 41 Finance Director Hansen indicated the City has a requirement under state law to pass a 42 preliminary budget and property tax levy by September 15, 2003. He then indicated that Staff 43 and Council have been working on the budget throughout the summer and noted that the state cut 44 the City’s LGA by $456,000 and imposed rather strict limits on property tax levy allowing 45 Mounds View City Council September 8, 2003 Regular Meeting Page 12 nothing for inflation and only allowing the City to levy for 60% of the amount of lost LGA and a 1 few special levies. 2 3 Finance Director Hansen indicated that the budget as presented does assume that the City will 4 levy for lost LGA and a special levy to raise funds for two police officer positions for a total levy 5 increase of 12.75%. 6 7 Finance Director Hansen indicated he went through and eliminated certain activities detailed at 8 last week’s work session the most prominent was seal coating for $110,000 because the streets 9 do not benefit from seal coating at this time. 10 11 Finance Director Hansen indicated the Staff went through supply and contractual accounts 12 throughout the budgets and cut out any un-used amounts and anything that was elective and that 13 is how Staff was able to bring the budget to Council as balanced. 14 15 Finance Director Hansen indicated the Resolution would certify a budget of $4,669,495 and a 16 property tax levy of $2,679,463. 17 18 Council Member Marty expressed concern with having a 1.7% cost of living in the budget 19 because he understood the cost of living increases were going to be greater than that figure. 20 21 Finance Director Hansen indicated he had used the 1.7% based on the consumer price index at 22 the time he began this budgeting process. He then said that there are some unknowns at this time 23 because there have been discussions of closing City Hall and wage freezes to save money and the 24 union negotiations are ongoing but he feels 1.7% is doable. 25 26 Council Member Marty commented that the cost of health insurance is going up increasing the 27 City’s contribution by 10% and he hopes the City can work out the contracts with all of its 28 employees and not have to lay anyone off. 29 30 Mayor Linke read a list of some of the items in the budget that have been reduced and 31 eliminated. 32 33 Council Member Marty indicated he thought that there were installment payments for the voting 34 equipment. 35 36 Finance Director Hansen indicated that Staff contacted Ramsey County to discuss a payoff 37 amount because there is money available in 2003 to pay it off that will not be available in 2004. 38 39 Council Member Marty commented that previous administrations relied heavily on labor 40 relations and he feels this administration should be able to keep the amount under the budgeted 41 $10,000. 42 43 Council Member Marty asked whether the school district could be asked to pay for a portion of 44 the school resource officer’s cellular telephone. 45 Mounds View City Council September 8, 2003 Regular Meeting Page 13 1 Finance Director Hansen indicated the school district reimburses the City for the vast majority of 2 the school resource officer’s salary. 3 4 Council Member Marty commented that two figures for diesel fuel had been used and he 5 suggested using the price of $1.70 per gallon in both line items. 6 7 Council Member Marty suggested that looking into the street signs that are not needed and 8 removing them to eliminate some maintenance and upkeep. 9 10 Public Works Director Lee indicated he looked into it and sign maintenance represents a small 11 fraction of the overall budget and would not have a very large impact. 12 13 Council Member Stigney indicated he read in the paper where market values of properties 14 increase 10 to 10.5% and asked what this would do to the 12.75% increase in the City’s levy. 15 16 Finance Director Hansen indicated the two are related but separate issues. He then said that 17 under the current tax system the City specifies the levy in terms of dollars that are spread across 18 the property in the City so market values has an impact of how much each property pays but the 19 levy is fixed. 20 21 Council Member Stigney asked what the median value of home is and how much of a dollar 22 increase this will be for residents. 23 24 Finance Director Hansen indicated that he had not prepared an actual dollar amount assessment 25 for this meeting but said that the average home will see more than a 12% increase and then 26 offered to research the matter and provide information to Council. 27 28 Council Member Stigney asked for information at the next meeting because when residents hear 29 the percent all they want to know is how much more it will cost them. 30 31 Council Member Stigney commented that he understands that approving this preliminary levy it 32 can be reduced but it cannot be increased but that does not mean the City cannot look at trying to 33 reduce it so he will approve it based on the condition that this will be reviewed for further 34 reductions. 35 36 Council Member Marty one of his concerns is in the last few years the state keeps dropping 37 commercial taxes to give business a break and his concern is whether the TIF districts will have 38 enough to pay back in a timely fashion. He then asked if this is still the trend that commercial 39 taxes are going in a different direction than homeowners. 40 41 Finance Director Hansen indicated that the last four or five years there have been changes in the 42 tax system to shift more of the tax burden to homes and the other thing is that the annual increase 43 in value of businesses is single digits and homes have been increasing in double digits. He then 44 Mounds View City Council September 8, 2003 Regular Meeting Page 14 commented that the City is now in a situation where changes the state passed two or three years 1 ago have taken affect and there are no other changes on the books waiting to take effect. 2 3 City Administrator Ulrich handed out information from Spring Lake Park accounting for the 4 money savings by shutting down for one week over the fourth of July. He then said they saved a 5 little over $20,000. He further commented that the City would make every effort to inform 6 residents of how the increase will affect them. 7 8 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6091, 9 Authorizing Certification of a Proposed General Fund Budget and Property Tax Levy for Fiscal 10 Year 2004. 11 12 Ayes – 4 Nays – 0 Motion carried. 13 14 F. Resolution No. 6092, Establishing Public Hearing Dates for the Proposed 15 General Fund Budget and Property Tax Levy for Fiscal Year 2004. 16 17 Finance Director Hansen indicated the City Council needs to establish dates for the truth-in-18 taxation public hearings and he recommends December 1, 2003 with the continuation hearing 19 being set for December 8, 2003 to coincide with the regular Council meeting. 20 21 MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 6092, 22 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy 23 for Fiscal Year 2004. 24 25 Ayes – 4 Nays – 0 Motion carried. 26 27 G. Resolution No. 6072, Authorizing the Purchase of a Sprinkler Monitor for 28 Mounds View City Hall. 29 30 Community Development Director Ericson indicated this item was before Council at the last 31 meeting and Staff was asked to research whether the automatic dialer system could be utilized to 32 contact Ramsey County Dispatch of a water event at City Hall. He then indicated Staff 33 researched the matter and Ramsey County Dispatch requires a call from a person so that 34 necessitates the approval of a monitoring company. 35 36 Director Ericson indicated that there is a shortage of telephone lines so Staff will be working 37 with the monitoring company to determine whether an underutilized line could be used for the 38 monitoring system. 39 40 MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6072, a 41 Resolution Authorizing the Purchase of a Sprinkler Monitor for Mounds View City Hall. 42 43 Council Member Marty thanked Staff for the report. 44 45 Mounds View City Council September 8, 2003 Regular Meeting Page 15 Ayes – 4 Nays – 0 Motion carried. 1 2 H. Resolution No. 6096, Authorizing a Special Election to Consider an 3 Additional Property Tax Levy. 4 5 City Administrator Ulrich indicated this matter is before Council to determine whether to 6 authorize a special election to consider an additional property tax levy for $143,317 for an 7 additional levy to support two police officers. 8 9 City Administrator Ulrich read the question to be on the ballot concerning the additional property 10 tax levy for two officers. He then pointed out that this is a maximum if approved by the voters 11 but Council can go less than that but no more than that if the voters approve it. 12 13 City Administrator Ulrich indicated this matter is time sensitive because he needs to notify 14 Ramsey County tomorrow so that preparation of the ballots can begin. He then noted that the 15 City and the School District would be sharing the costs of the special election. 16 17 Council Member Stigney indicated he has a problem with the question as it establishes this tax 18 levy and it looks like it is here forever nothing makes it stop unless it is repealed by the voters. 19 20 City Administrator Ulrich indicated that it would be part of the base levy and established that 21 way until Council took action to eliminate it. 22 23 Council Member Stigney asked what the actual costs were for the election. 24 25 Finance Director Hansen estimated the costs to be $12,000 to $14,000 but those costs will be 26 shared with the School District who has more of the ballot space. 27 28 Council Member Stigney commented that he thinks putting in a forever tax levy until repealed is 29 a problem. He then said if this is something that the City really needs Council should work to get 30 the money into the general fund and not ask for a special levy to do it. He then said that asked 31 where the money that comes from putting in projects like Walgreen’s and the theatre project goes 32 and what the City would gain by closing out TIF parcels. He also commented that the amount 33 going into street maintenance should be added to the general fund and used to fund the officers 34 and the City can bond for street repair. 35 36 Council Member Gunn indicated this is not the first year that the franchise fee has been put into 37 the street fund. 38 39 Council Member Stigney indicated he did not say it was but said if the money is needed 40 elsewhere it should be put in the general fund and the City can bond for streets. 41 42 Council Member Marty indicated that the City started collecting funds because there was nothing 43 in the street fund and the revenue from the franchise fee can be used to improve infrastructure 44 that is important to businesses and residents. 45 Mounds View City Council September 8, 2003 Regular Meeting Page 16 1 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6096 2 Authorizing a Special Election to Consider an Additional Property Tax Levy. 3 4 Ayes – 3 Nays – 1(Stigney) Motion carried. 5 6 I. Resolution No. 6098, Requiring a Performance Bond and other Compliance 7 Submittals for the Elegant Thymes Catering Contract. 8 9 City Administrator Ulrich indicated that Elegant Thymes has been managing the Banquet and 10 Community Center since 2001 and based on concerns voiced at the work session Staff reviewed 11 the contract and performance issues and is recommending approval of the attached resolution. 12 13 City Administrator Ulrich indicated that the City of Mounds View lost $37,133 in the banquet 14 operation for all of 2002 and the City lost another $16,373 in banquet operations for the first half 15 of 2003 and using the revenue decline of 30% the City stands to lose more money in 2003 than it 16 did in 2002 and that concerns the City. He then commented that the deficit between revenues 17 and expenses has grown from 15.5% to 24% for the first half of 2003. 18 19 City Administrator Ulrich indicated that Elegant Thymes has agreed to show a modest profit and 20 those goals have not been met. He then said that the contract requires commercial liability 21 insurance in amounts higher than are currently held by Elegant Thymes, a performance bond for 22 damages due to non-performance, an annual budget and a marketing plan. He further indicated 23 that Staff has written the Resolution to require immediate resolution of the issues and evidence of 24 a performance bond of $30,000 not later than five business days following approval of the 25 resolution. 26 27 MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6098, 28 Requiring a Performance Bond and other Compliance Submittals for the Elegant Thymes 29 Catering Contract. 30 31 Council Member Marty thanked Staff for bringing this forward as he did not know that the City 32 was losing so much and that they were out of compliance. 33 34 Council Member Gunn asked what happens if they do not comply. 35 36 City Administrator Ulrich indicated they would have 30 days to respond and if they do not they 37 would be in default of the contract and it could be terminated at that point. 38 39 Council Member Stigney asked if the marketing plan has to show how they plan on getting out of 40 debt and break even. 41 42 City Administrator Ulrich indicated there are two parts to that one is marketing the other is 43 budget. The budget demonstrates profit and loss and the marketing plan is not spelled out so that 44 Mounds View City Council September 8, 2003 Regular Meeting Page 17 will be up to Staff to determine whether it is a good marketing plan. He then commented that 1 Staff received a one-page marketing plan today and deemed that to be insufficient. 2 3 Mayor Linke indicated that earlier he had discussed this matter with Staff and there were some 4 figures that were discussed. He then asked if Council could have the information. 5 6 City Administrator Ulrich handed out the statistic information from three years ago and indicated 7 that weddings are holding even but anniversaries and banquets and nonprofit and school district 8 are way down along with corporate bookings. He then said that the slide in corporate bookings is 9 a concern because that would fill the space during the week. 10 11 City Administrator Ulrich indicated he had included a proposal by the catering contractor for a 12 buyout of the current contract for information. 13 14 Council Member Stigney asked what would happen to the down payment money on future 15 weddings that had not happened. 16 17 City Administrator Ulrich indicated the City has that money and, if the contractor is bought out, 18 it is the full intention to carryout all bookings and the City would assume the responsibility for a 19 substitute caterer. 20 21 Council Member Marty asked whether Staff has discussed these issues with Elegant Thymes. 22 23 City Administrator Ulrich indicated he spoke to the proprietor this afternoon and discussed the 24 issues with him other than the insurance issue. He then said that he will be made specifically 25 aware by a copy of the Resolution. 26 27 Ayes – 4 Nays – 0 Motion carried. 28 29 10. APPROVAL OF MINUTES 30 31 A. City Council Minutes August 25, 2003 32 33 Council Member Gunn requested the following change: On Page 11, line 1 change even to 34 event. 35 36 Council Member Marty requested the following change: On Page 10, Line 42 indicate that this 37 was the first time that the City Administrator had ever participated in the golf tournament 38 associated with Festival in the Park. 39 40 MOTION/SECOND: Marty/Gunn. To Approve the City Council Minutes for August 25, 2003 41 as Amended. 42 43 Ayes – 4 Nays – 0 Motion carried. 44 45 Mounds View City Council September 8, 2003 Regular Meeting Page 18 11. REPORTS 1 2 A. Reports of Mayor and Council 3 4 Mayor Linke indicated he had missed last week as he was on vacation. 5 6 B. Reports of Staff 7 8 Public Works Director Lee announced that the park and recreation committee has a vacancy and 9 any interested individuals are encouraged to apply by filling out applications at City Hall. The 10 deadline to do so is September 22, 2003 at 4:30 p.m. 11 12 Community Development Director Ericson handed out a report for consideration concerning a 13 request by a property owner for consent to install a parking pad. 14 15 Director Ericson asked for direction to either execute an agreement that the property owner 16 would submit and submit to the City something that says the City is okay with the parking pad or 17 to bring a Resolution of approval to Council for consideration. 18 19 Director Ericson indicated that this is something the property owner can install to within 5 feet of 20 the side lot line but he would like to go to one foot. 21 22 There was consent of Council to direct Staff to bring a Resolution for approval. 23 24 City Administrator Ulrich handed out the administrator’s digest and commented that Finance 25 Director Hansen had become a grandfather and congratulated him. 26 27 C. Reports of City Attorney 28 29 No attorney present. 30 31 12. Next Council Work Session: Monday, October 6, 2003 32 Next Council Meeting: Monday, September 22, 2003 33 34 13. ADJOURNMENT 35 36 Mayor Linke adjourned the meeting to a closed session at 9:10 p.m. 37 38 39 Transcribed and recorded by: 40 41 42 Joan Lenzmeier 43 Timesaver Off Site Secretarial, Inc. 44 Item No: 11B (1) Meeting Date: September 22, 2003 Type of Business: Reports of Staff City of Mounds View Staff Report To: Honorable Mayor and City Council From: Ken Gammell, Cable Department Cable Committee Item Title/Subject: Camcorder Use Operating Policy By request of the City Council, a document outlining Camcorder use has been drafted and approved by the Cable Committee. Staff requests any comments or feedbacks from Council in regards to this operating policy. Respectfully submitted, _________________________ Ken Gammell Reviewed by City Administrator: ______ MOUNDS VIEW CABLE DEPARTMENT CAMCORDER POLICIES The following rules govern any camcorder owned by the City of Mounds View. Anyone intending on using the camcorder must understand and comply with these rules. 1. STORAGE When the camcorder is not in use, it will be stored in a safe place within city hall that can be locked. Currently the camcorder is stored in the Cable Coordinator’s office. The camcorder must always be in a safe and locked place when unattended. 2. ACCESS Access to the camcorder is restricted to the following individuals: Cable Coordinator Senior Video Operator Junior Video Operator Members of Mounds View Cable Committee Authorization for other individuals to use the camcorder can only be given by the City Administrator and the Cable Coordinator. 3. CHECKOUT • Request to use the camcorder must be provided in advance. This includes the time and date to pickup the camcorder, and the time and date it will be returned. The request must be given to the Cable Coordinator, either by phone or email. • The user must agree to the camcorder policies in order to be given permission to use the camcorder. • The user must have successfully been trained on the camcorder. • The user should inventory all accessories being checked out, and is responsible for returning all accessories when checking in. • The camcorder cannot be taken out of the state of Minnesota without express permission. 4. CARE AND USE The user must abide by the following rules when using the camcorder: • Always store camcorder in its case when not in use. • Never store camcorder in a vehicle for a long period of time. • Always keep the camcorder secure. • Do not allow camcorder to get wet. • Do not attempt to repair the camcorder, or remove a jammed tape. Notify the Cable Coordinator of any problems. • Do not use the camcorder in such a way that it can be damaged. (Example: throwing, dropping, extreme temperatures, unsafe situations) • Never let an unauthorized individual use the camcorder. • Keep camcorder and lens clean. • Re-charge batteries before returning, if possible. 5. AUTHORIZED SUBJECTS • Any authorized user must provide information to Cable Coordinator about the subject matter for which the camcorder is to be used. • The subject matter must be approved by the City Administrator and/or the Cable Committee. • The program the user is producing with the camcorder should be related to the City of Mounds View, and conform to the guidelines outlined in the Mounds View Cable Committee Mission Statement. • The Camcorder cannot be used for Commercial purposes. • A copy of any program produced using city equipment must be made available for playback on Mounds View Cable Channel 16. Failure to abide by any of these rules may result in revocation of camcorder access.