HomeMy WebLinkAboutAgenda Packets - 2002/08/12CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
Monday, August 12, 2002
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas
3. APPROVAL OF AGENDA
4. 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.
5. JUST AND CORRECT CLAIMS
6. CONSENT AGENDA
A. Contractors Licenses for Approval
B. Resolution 5819 Appointing Election Judges for the State Primary and
General Elections
C. Resolution 5807 Authorizing Renewal of Police Training Contract with
Century College
D. Resolution 5812 Declaring Official Intent to Issue Bonds for the County
Road H2 Project
E. Resolution 5811 Awarding the Construction Contract for the Hillview
Park Shelter Building
F. Resolution 5822 Adjusting Severance/Retroactive Pay for Ron Huston
G. Resolution 5814 Awarding the Construction Contract for the Well
Number 2 Building Exterior Restoration Project
H. Discussion of Resolution 5816 Supporting Ramsey County Library
2003 Initiatives
I. Resolution 5817 Authorizing Severance Payment for Lois Lestina-Yost
7. COUNCIL BUSINESS
A. (7:10PM) Public Hearing to Consider Ordinance 700, An Ordinance
Proposing an Amendment to the Mounds View City Charter by
Amending Section 3.07 of the Charter of the City of Mounds View as to
Signing and Publication of Ordinances.
B. Consideration of Resolution 5802, a Resolution Denying the Request
to Rezone Lots within the Red Oak Estates No. 3 Subdivision from R-1
to R-3
C. Resolution No. 5813 Authorizing the Preparation and Acquisition of
Easements for the County H2 Street Project
D. Resolution 5810 Authorizing Police to Provide Security Service at MSP
Airport.
8. SPECIAL ORDER OF BUSINESS
A. Resolution 5818 Appointing Pete Szurek to a Vacancy in the Parks
Department
B. Resolution 5820 Setting a wage for the Grounds/Equipment
Manager
C. Approval of an Interim Reorganization for the Police Department
D. Resolution 5821 Authorizing a Step Increase for Kathi Osmonson
E. Resolution 5823 Appointing Duane McCarty to the Police Civil
Service Commission
9. REPORTS
10. APPROVAL OF MINUTES
A. July 8, 2002 City Council Minutes
B. July 22, 2002 City Council Minutes
11. CLOSED SESSION
A. To Discuss Labor Negotiations
B. To Discuss Threatened/Potential Litigation
12. Next Council Work Session: September 3, 2002
Next Council Meeting: August 26, 2002
13. ADJOURNMENT
Item No. 6A
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Barb Benesch
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Meeting Date: August 12, 2002
Please consider the following contractor licenses for approval. All contractor licenses
will expire on December 31, 2002. All applicants have submitted appropriate fees and
proof of insurance. All licenses are renewals unless noted “new” following the
company name. Those companies with “new” after the company name include
applicants that have never been licensed with the City or they may have been licensed
with the City in the past, but were not licensed in 2001. Those companies with a
renewal license were licensed, at a minimum, in the year 2001.
HVAC
Knight Heating & Air Cond., Inc. – New
Krinkie Heating & Air Cond.
People’s Plumbing & Heating – New
West Air, Inc. – New
FENCE
D.W. Fence Co.
Staff Recommendation: Approve license applications as requested.
Item No: 06B
Type of Business: Consent Agenda
Meeting Date: August 12, 2002
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant City Administrator
Item Title/Subject: Consideration of Resolution 5819 Ratifying the
Appointment of Election Judges for the 2002 Primary and
General Elections
Date of Report: August 12, 2002
State law requires that election judges for Primary and General Elections be appointed
by the municipal governing body. Resolution 5819 containing a preliminary list of
election judges is attached for your consideration and approval.
Recommendation: Approve the appointment of election judges for the 2002 Primary and
General Elections.
Respectfully Submitted,
___________________________
Givonna Reed
Assistant City Administrator
RESOLUTION NO. 5819
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RATIFYING THE APPOINTMENT OF
ELECTION JUDGES FOR THE 2002 PRIMARY
ELECTION AND GENERAL ELECTION
WHEREAS, the City of Mounds View is required
by law to hold a State Primary and General Municipal
Election; and
WHEREAS, all proposed election judges listed on
the attached sheet have met all of the State qualifications
for the position of election judge.
NOW, THEREFORE, BE IT RESOLVED that the
City Council of the City of Mounds View does hereby ratify
the appointments of the individuals listed in the
attachment.
BE IT FURTHER RESOLVED that the City
Council of the City of Mounds View authorizes the City
Clerk-Administrator to appoint additional election judges
should there be a need.
Adopted this
12th day of August, 2002
ATTEST:
___________________________
Richard Sonterre, Mayor
(SEAL)
Kathleen F. Miller, City Administrator
Motion by:
Second:
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
First Name Last Name
Valerie Amundsen
Madonna Arel
Glenda Bedard
Gladys Biltonen
Marjorie Blanchard
Betty Brighton
Shirley Burg
Lea Burggraff
Sherril Carlson
Lillian Christ
Sharon Croon
Matt Eenigenberg
Dawn Groberg-Little
John Gunther
Marjorie Hanley
Paul Johnson
Susan LaVelle
Donna LaVigne
Curt Lyons
Kathleen MacRunnels
Corrine Merchant
Judy Mitchell
Kaylee Morrie
Phyllis Northrup
Glenn Partridge
Mary Pearson
Fran Renner
Patricia Robinson
Alice Schlictman
Janet Schuldt
Jeanine Stage
Annette Steiner
Wallace Steiner
Roger Stigney
Marlene Stivers
Janet Strauss
Ilene Syverson
Anita Thompson
Scott Waataja
Arlene Werdien
Dorothy Wilhaus
Carol York
Item No. 6E
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Resolution 5812 Declaring Official Intent to Issue
Bonds for the County Road H2 Project
Date of Report: August 7, 2002
Attached is Resolution 5812 that makes what is known a declaration of intent to
sell bonds. IRS regulations require that in order for a city to sell bonds to finance a
construction project, it must make a declaration of intent to sell those bonds prior
to the start of construction.
Much of the resources needed for the County Road H2 project will come from
Municipal State Aid for Streets or other current revenues. However, about
$150,000 of the cost will be special assessed to the benefited property owners.
These will be collected over a period of ten years.
It would be appropriate for the City to sell special assessment bonds with a term of
ten years to finance these. Springsted, Inc., the City’s financial advisor, has
concluded that the cost of issuance for a bond issue of this small size would be
high.
Springsted and I are recommending that the City not issue bonds at this time and
that instead carry the assessments in the City’s Special Projects Fund. However,
in a future year, when additional projects have been completed with special
assessment funding, there may be a sufficient balance of special assessments to
justify a bond issue.
The attached resolution making the declaration if intent preserves the City’s ability
to include the County Road H2 assessments in a future bond issue without
obligating the City to issue bonds. Adoption of this resolution is time sensitive
because construction is to start August 13th, and bonds may not be issued for
construction costs incurred prior to the date of this resolution.
Respectfully Submitted,
Charles Hansen
RESOLUTION NO. 5812
DECLARING OFFICIAL INTENT TO ISSUE BONDS
FOR THE COUNTY ROAD H2 PROJECT
CITY OF MOUNDS VIEW
County of Ramsey
State of Minnesota
WHEREAS, the City Council approved Resolution 5804 on July 22, 2002
awarding the contract for the reconstruction of County Road H2, and
WHEREAS, approximately $150,000 of the project costs are expected to be
assessed to benefited property owners and collected over a period of ten years,
and
WHEREAS, the City's bond counsel, Briggs and Morgan, has advised
the City that the Internal Revenue Service has issued Treasury Regulations,
Section 1.150-2 (the "Reimbursement Regulations"), dealing with
"reimbursement bond" proceeds, being proceeds of the City's bonds used to
reimburse for any project expenditure paid by the City prior to the time of
issuance of those bonds, and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View that the City reasonably expects to issue the City's bonds or
similar obligations (the "Bonds") to provide financing for the Project, and the
City reasonably expects that some of the costs of the Project will be
reimbursed out of the proceeds of those Bonds following their issuance. As
of the date hereof, the City reasonably anticipates that $150,000 is the
maximum principal amount of the Bonds which will be issued by the City to
finance the Project. The City anticipates that each expenditure to be
reimbursed from the proceeds of the Bonds is or will be a capital
expenditure or a cost of issuance, or any of the other types of expenditures
described in Section 1.150-2(d)(3) of the Reimbursement Regulations. As
of the date hereof, the statements and expectations contained in this
Resolution are believed to be reasonable and accurate. The final bonding
amount may be reduced by direct payment of certain costs of the Project
from other funding sources available to the City.
Passed and adopted this 12th day of August 2002.
Resolution No. 5XXX
August 12, 2002
Page 2
ATTEST:
________________________________
Richard Sonterre, Mayor
(SEAL)
________________________________
Kathleen F. Miller, City Administrator
Motion by:
Second:
Sonterre:
Stigney:
Marty:
Thomas:
Quick:
Item No. 6F
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution No. 5811 Awarding the Construction
Contract Award for the Hillview Park Shelter
Building
Meeting Date: August 12, 2002
Background:
Bids for the Hillview Park Shelter Building Project were received at 10:00 a.m. on
August 16, 2001 at City Hall.
Discussion:
The City is required to officially award the contract for this project. At the August
27, 2001 City Council Meeting there was a motion to approve the award of a
contract to Ebert Construction in the amount of $159,400.00. However, an official
resolution was never prepared or approved.
As a matter of book keeping, staff would like to have City Council approve a
resolution at this time.
As of this date, Ebert Construction has completed the project. The only additional
work to be completed is the relocation of this air conditioning unit from its current
location on the ground to the attic space of the building. This is scheduled to be
completed the week of August 12th by a separate contractor.
Recommendation:
It is recommended the Council adopt the attached resolution awarding the
construction contract to Eberts Construction for the Hillview Park Shelter Building
in the amount of $159,400.00.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 5811
AWAR DING THE CONSTRUCTION CONTRACT FOR THE HILLVIEW PARK
SHELTER BUILDING
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
WHEREAS, sealed bids were received and tabulated on August
16, 2001, at 10:00 a.m. for the construction of the Hillview Park Shelter Building;
and
WHEREAS, the apparent low responsive and responsible bid was
received from Ebert Construction at their bid price of $159,400.00; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mounds View, Ramsey County, Minnesota as follows:
1. That the bid of Ebert Construction in the amount of $159,400.00 for
the construction of the Hillview Park Shelter Building, is the lowest
responsive bid.
2. That a contract to perform said work is awarded and orders the
project to Ebert Construction and that the Mayor and City
Administrator are hereby authorized and directed to enter into a
contract with said bidder.
3. Funding for this project will be $100,000.00 from 100-4360-7030
with the remaining funds from 251-4160-9900.
Adopted this 12th day of August 2002.
________________________________
Richard Sonterre, Mayor
ATTEST:
________________________________
Kathleen F. Miller, City Administrator
Motion by:
Second:
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
Item No. 06G
Meeting Date: August 12, 2002
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: Givonna Reed, Assistant City Administrator
Item Title/Subject: Resolution 5822 Adjusting Severance/Retroactive
Pay to Ron Huston
Date of Report: August 8, 2002
On June 10, 2002 the Council adopted Resolution 5789 authorizing
severance/retroactive pay for the Assistant Clubhouse Manager. On May 16,
2002 a letter was issued to the Assistant Clubhouse Manager indicating that he
was being placed on paid administrative leave until such time as the Council
adopted a reorganization plan for the golf course. The Assistant Clubhouse
Manager position was eliminated May 20, 2002. Resolution 5789 did not take
this into consideration the paid administrative leave, therefore, staff proposes that
the former Assistant Clubhouse Manager be compensated for May 16th
(Thursday) and 17th (Friday).
Respectfully Submitted,
Givonna Reed
RESOLUTION NO. 5822
CITY OF MONDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ADJUSTING THE SEVERANCE/RETROACTIVE PAYMENT
FOR THE FORMER CLUBHOUSE ASSISTANT MANAGER, RON HUSTON
WHEREAS, on June 10, 2002 the Mounds View City Council adopted
Resolution 5789 establishing severance/retroactive pay for the former Assistant
Clubhouse Manager, Ron Huston; and
WHEREAS, this payment did not take into consideration that the Assistant
Clubhouse Manager was on paid administrative leave between May 16, 2002-
May 19, 2002.
NOW, THEREFORE BE IT RESOLVED, that the former Assistant
Clubhouse Manager will be paid $234.40 (16hrs X $14.65/hr) for May 16th and
17th, 2002.
Presented this 12th day of August, 2002.
(ATTEST) ____________________________________
Rich Sonterre, Mayor
(SEAL)
____________________________________
Kathleen F. Miller, City Administrator
Motion By:
Second By:
Sonterre:
Quick:
Stigney:
Thomas:
Marty:
Item No. 6H
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution No. 5814 Awarding the Construction
Contract for the Well Number 2 Building Exterior
Restoration Project
Meeting Date: August 12, 2002
Background:
In an effort to maintain City owned buildings, staff identified a need to perform
minor maintenance to the exterior to Well Number 2 and the Booster Station.
Discussion:
The exterior of Well Number 2 and the Booster Station is composed of brick and
mortar. Given the brick construction, over time as a result of weathering, there is
a tendency for bricks to fail (crack) and the mortar to become loose and / or
fractured. Once this starts, water starts to permeate the structure and accelerates
the rate of degradation.
It is therefore important from a cost savings standpoint to address such
maintenance needs as soon as they are identified.
A maintenance project for the exterior of Well Number 2 and the Booster Station
was included in the 2002 budget. This included a strategy called “tuck pointing”.
This includes repairing joints by regrouting and the replacement of brick as
needed. The 2002 Budget identified this as an expense assigned to Water
Infrastructure & Equipment Maintenance (Account No. 700-4823-7030) in the
amount of $5000.00.
Bid Review – As per the City’s purchasing policy for the purchase of
Intermediate Purchases (items $5,000 to $50,000) staff went out for quotes.
Since this is a somewhat of a specialized process the number of contractors is
limited. A total of four contractors were contacted. These are as follows:
Stone Construction 784-1950
Fine Art Masonry 413-2487
RSO Custom Concrete 421-3034
Trowel Services Inc. (612)247-6355
Contact with these contractors started on June 4, 2002 and several attempts
were made to those not responding. The only contractor to respond with a written
quote and an itemized list and cost to repair is Trowel Services Inc.
The cost of the repairs as quoted Trowel Services Inc. is $6,300.00. As
previously stated, the 2002 budget identified this as an expenditure of $5000.
Staff suspects that this amount was a best guess figure and not based on a
preliminary quote in 2001.
Recommendation:
It is recommended the Council adopt the attached resolution awarding the
construction contract to Trowel Services Incorporated for the Well Number 2
Building Exterior Restoration Project in the amount of $6,300.00.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 5814
AWARDING THE CONSTRUCTION CONTRACT FOR THE WELL NUMBER 2
BUILDING EXTERIOR RESTORATION PROJECT
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
WHEREAS, there is an identified need to perform minor maintenance to
the exterior to Well Number 2 and the Booster Station; and
WHEREAS, it is important from a cost savings standpoint to address such
maintenance needs as soon as they are identified; and
WHEREAS, a maintenance project for the exterior of Well Number 2 and
the Booster Station was included in the 2002 budget; and
WHEREAS, the only responsive bid was received from Trowel Services
Incorporated in the amount of $6,300.00.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. That the bid of Trowel Services Incorporated in the amount of
$6,300.00 for the Well Number 2 Building Exterior Restoration
Project is the only responsive bid.
2. That a contract to perform said work is awarded to Trowel Services
Incorporated and that the Mayor and City Administrator are hereby
authorized and directed to enter into a contract with said bidder.
Adopted this 12th day of August 2002.
________________________________
Richard Sonterre, Mayor
ATTEST:
________________________________
Kathleen F. Miller, City Administrator
Motion by:
Second: Quick:
Sonterre: Marty:
Stigney: Thomas:
Item No: 06I
Type of Business: Consent Agenda
Meeting Date: August 12, 2002
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant City Administrator
Item Title/Subject: Consideration of Resolution 5816 Supporting the
Ramsey County Library System
Date of Report: August 8, 2002
Alice Jo Carlson from the Ramsey County Library addressed the Council at the
July 22, 2002 Council Meeting regarding library initiatives for 2003. Ms. Carlson
reported that the Library was instructed to take a 7% decrease to its budget due
to state budget shortfalls and that meant closing three buildings as that would be
more efficient than having reduced hours at all the facilities. Ms. Carlson asked
the Council to support maintaining current services levels which would require a
4% county wide levy.
Resolution 5816 is attached for your consideration.
Respectfully Submitted,
Givonna Reed
RESOLUTION NO. 5816
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION SUPPORTING THE
RAMSEY COUNTY LIBRARY SYSTEM 2003 INTIATIVES
WWhheerreeaass, the City of Mounds View and its residents benefit from and
appreciate the services and resources provided by the Ramsey County Library;
and
WWhheerreeaass, approximately 6,839 of Mounds View residents are current
Ramsey County Library cardholders and even more benefit from the Library’s
programs and activities; and
WWhheerreeaass, without sufficient resources, the Ramsey County Library would
have to reduce its services and accessibility to residents.
TThheerreeffoorree, the City of Mounds View hereby acknowledges its support for
the Ramsey County Library’s 2003 request to maintain current levels of service
by implementing a 4% county wide levy.
Adopted this 12th day of August, 2002.
Richard Sonterre, Mayor
ATTEST:
Kathleen F. Miller, City Administrator
SEAL
Motion by:
Second by:
Sonterre Aye No
Quick Aye No
Stigney Aye No
Marty Aye No
Item No: 06J
Type of Business: Consent Agenda
Meeting Date: August 12, 2002
RESOLUTION NO. 5817
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution 5817 Approving Severance for Lois Lestina-Yost
WHEREAS, Lois Lestina-Yost resigned from her position as an
Administrative Assistant effective July 22, 2002; and
WHEREAS, according to Section 4.35D of the Personnel Manual Ms.
Lestina-Yost is entitled to accrued and used vacation time upon separation from
the City:
• 100% of accrued vacation time- 7.44 hrs X $19.02/hr= $141.51, and
WHEREAS, Ms. Lestina-Yost has a balance of four hours of comp time
• 4 hrs X $19.02= $76.08.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council approves the above-listed severance payments ($217.59) to Lois
Lestina-Yost.
Adopted this 12th day of August, 2002.
Richard Sonterre, Mayor
ATTEST:
Kathleen Miller, City Administrator
SEAL
Motion by:
Second by:
Sonterre
Quick
Stigney
Marty
Thomas
Item No: 07A
Type of Business: Public Hearing
Meeting Date: August 12, 2002
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant City Administrator
Item Title/Subject: Public Hearing to Consider Ordinance 700 Proposing
an Amendment to the Mounds View City Charter by
Amending Section 3.07 of the Charter of the City of
Mounds View as to Signing and Publication of
Ordinances
Date of Report: August 8, 2002
As required by law, this proposed charter amendment was published in the
Focus News July 18th and 25th.
The purpose of his proposed charter amendment is to reduce costs associated
with publishing ordinances. By proposing this ordinance, it was the intent of the
Charter Commission to alleviate the cost of rather lengthy ordinances that the
City has to publish by allowing a summary to be printed. The Charter
Commission and City Council have both recognized that at times it may be less
costly to publish an entire ordinance rather than prepare a summary. It will be
the Council’s responsibility to determine whether or not a summary is most
appropriate.
The City Attorney will be leading the discussion on this proposed amendment.
ORDINANCE NO. 700
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE PROPOSING AN AMENDMENT TO THE MOUNDS VIEW CITY
CHARTER BY AMENDING SECTION 3.07 OF THE CHARTER OF THE CITY OF
MOUNDS VIEW AS TO SIGNING AND PUBLICATION OF ORDINANCES.
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1.
The City Council of the City of Mounds View, pursuant to the
recommendation of the City of Mounds View Charter Commission, deems that
Section 3.07 of the Charter of the City of Mounds View is hereby amended by the
addition of the bold and underlined language and by the deletion of the bold
and stricken language as follows:
Section 3.07. Signing and Publication of Ordinances. Every
ordinance adopted by the Council shall be signed by the mayor, and attested to,
filed and preserved by the Clerk-Administrator. Every ordinance shall be
published at least once in the official newspaper as soon as practicable, either in
its complete form preceded by a summary of its contents or as a title and
summary.1
The Ordinance or the Ordinance Title and Summary shall be
published in a body type no smaller than brevier or eight-point type. A
copy of any new ordinance may be obtained from the City at no cost. The
entire text of the ordinance shall be posted on the City’s web site, if there is
one, in a manner that can be identifiable by subject matter or ordinance
1 It is the intent of the Charter Commission that the Council will determine which is less costly.
number. A copy shall also be available in the community library, if there is
one, or if not, in any other public location which the Council designates.
In the case of lengthy ordinances, or ordinances that include
charts or maps, if the Council determines that publication of the title and a
summary of an ordinance would clearly inform the public of the intent and
effect of the ordinance, the Council may by a four-fifths vote of its
members, direct that only the title of the ordinance and a summary be
published, with notice that a printed copy of the ordinance is available for
inspection during regular office hours at the office of the Clerk-
Administrator. Prior to the publication of the title and summary, the Council
shall approve the text of the summary and determine that it clearly informs
the public of the intent and effect of the ordinance, and shall further state
that the complete text of the ordinance is on file at the office of the Clerk-
Administrator. The publishing of the title and summary shall be deemed to
fulfill all legal publication requirements as completely as if the entire
ordinance had been published. A copy of the publication shall be attached
to and filed with the ordinance for reference. To the extent and in the manner
provided by law an ordinance may incorporate by reference a statute of
Minnesota, a state administrative rule or a regulation, a code or ordinance or part
thereof without publishing the material referred to in full, so long as the
complete reference to the item is included.
SECTION 2.
This ordinance takes effect 90 days after its publication.
Read by the City Council of the City of Mounds View this _____ day of
_____, 2002.
Read and adopted by the City Council of the City of Mounds View this ___
day of _______, 2002.
_______________________________________
Richard Sonterre, Mayor
ATTEST
_______________________________________
Kathleen F. Miller, City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________
Scott Riggs, City Attorney
Motion:
Second:
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
Item No: 7B
Meeting Date: August 12, 2002
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Consideration of the Martin Harstad Request to
Rezone 66 Lots within the Red Oak Estates No. 3
Subdivision from R-1, Single Family Residential, to R-
3, Medium Density Residential
Date of Report: July 16, 2002
Introduction
Martin Harstad, representing property owners Keith and Diane Harstad, has requested
approval of a rezoning of the 66 undeveloped townhome lots within the Red Oak Estates No.
3 subdivision, originally platted in 1974, from R-1, Single Family Residential, to R-3, Medium
Density Residential. The request would allow the applicant to construct townhomes on the
lots, subject to wetland zoning restrictions.
Discussion
The City Council held a public hearing on July 8, 2002, taking testimony from staff, residents
and the applicant. After extensive discussion, the bulk of which surrounded the existing and
future drainage and stormwater management issues as well as the difference between an R-
2 and R-3 zoning designation and the related development intensities, the Council directed
staff to prepare a resolution denying the rezoning request. The Council indicated that one of
the reasons for denial, in addition to the reasons articulated by the Planning Commission,
would be that they believed twin homes would be more appropriate on County Road H2 than
would town home units.
The Council also suggested that the applicant meet with the adjacent property owners in an
effort to resolve some of the mitigating and outstanding issues concerning the past and
proposed developments before the next meeting. The applicant did meet with a group of
residents on Tuesday, July 16, 2002, and while the meeting produced much discussion,
nothing of consequence was resolved relating to the development proposal.
Action
As directed, please find attached to this report Resolution 5802, a Resolution denying the
requested rezonings of Lots 1-52 and Lots 59-72 of Red Oak Estates #3 based upon the
potentially extensive and adverse effects to the surrounding neighborhood, the
inconsistencies with the Comprehensive Plan and preference for twinhomes along County
Road H2.
Harstad report
July 22, 2002
Page 2
_______________________
James Ericson
Community Development Director
763-717-4021
Attachment:
1. Planning Commission Resolution 699-02
2. Resolution 5802
\\Ntserver\MasterFiles\2002\City Council\Council Packets\08-12-02\Item 07C Reso. 5802 Denying the Request to
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 699-02
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING TO THE CITY COUNCIL DENIAL OF A
REZONING OF LOTS 1 - 52 AND LOTS 59 - 72, BLOCK 1, RED OAK ESTATES NO. 3,
FROM R-1, SINGLE-FAMILY RESIDENTIAL, TO R-3, MEDIUM DENSITY
RESIDENTIAL; PLANNING CASE NO. ZC02-003
WHEREAS, the applicant, Martin Harstad, representing property owners Keith and
Diane Harstad, has applied to rezone 66 platted townhome lots within the Red Oak Estates No. 3
subdivision located at the southwest corner of Long Lake Road and County Road H2, said lots
being legally described as follows:
Lots 1 - 52 And Lots 59 - 72, Block 1, Red Oak Estates No. 3
Ramsey County
WHEREAS, the Planning Commission has reviewed the following documents regarding
this proposal:
1. Planning Application
2. Zoning Map
3. Location Map
4. Future Land Use Map
5. County Half Section Map
6. Wetland Zoning Map
7. Staff Report
WHEREAS, the Planning Commission held a public meeting regarding this request on
Wednesday, June 5, 2002; and,
WHEREAS, according to Section 1125.01 of the Mounds View Zoning Code, the
Planning Commission is to consider the possible adverse effects of the proposed rezoning and
shall make a finding of fact related to its review of the request; and,
APPROVED
Resolution 699 (V.1)
Page 4
NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission
makes the following findings regarding the possible adverse effects of this rezoning as required
by the Mounds View Zoning Code:
1. The Current zoning of the lots is R-1, Single Family Residential. The requested zoning
of the lots is R-3, Medium Density Residential.
2. According to the Comprehensive Plan, the parcels proposed to be rezoned are designated
either Single Family Attached or Single Family Detached. Only those lots within the
Single Family Attached area would be consistent with the Comprehensive Plan, as shown
on the Future Land Use Map. 34 of the requested 66 lots are within the Single Family
Detached area and would not be consistent with the Comprehensive Plan. The remaining
32 lots proposed to be rezoned would not be inconsistent with the Comprehensive Plan,
however the requested R-3 designation is the more intensive than what could be allowed
within an R-2 designation, which is also consistent with the Single Family Attached
future land use designation.
3. Many of the lots proposed to be rezoned are within the City’s Wetland Zoning District.
15 of the lots are within the wetland while another 23 lots are within the buffer area.
Altogether, 38 lots have moderate to severe limitations due to the soils and wetlands. The
remaining lots may have grading and drainage issues which could further aggravate
stormwater management on the site.
4. The intensity of the potential development in 6 or 8-unit buildings would have a
significant impact to the existing residences and to the natural environment. The amount
of traffic generated by 34 townhome units added to the residential streets of Clearview
and Louisa Avenues would be extensive and could represent a safety hazard to the public,
depreciating the peace, health, safety and welfare of the neighborhood.
5. A high-density residential apartment complex is located on the north side of County Road
H2. On the south side of County Road H2 are the existing 6 townhome units and single-
family residential dwellings. The interior of the neighborhood, the area in which 34
townhome units would take access, is developed exclusively as single-family residential.
To the east of the development area is a drainage ditch and wetland area.
NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above findings
of fact, the information and documents regarding the rezoning proposal, the report drafted by
staff and the testimony of the applicant, and in consideration of the public testimony given at the
public hearing, the Planning Commission does hereby recommend to the City Council denial of
the rezoning requests made by Martin Harstad.
BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward
this resolution to the City Council prior to approval of the minutes.
Resolution 699 (V.1)
Page 5
Adopted this 19th day of June, 2002.
_________________________________________
Jean Miller, Acting Chairperson
Attest:
_________________________________________
James Ericson, Community Development Director
(Seal)
\\NTSERVER\MASTERFILES\2002\CITY COUNCIL\COUNCIL PACKETS\08-12-02\ITEM 07C RESO. 5802 DENYING THE REQUEST TO
REZONE LOTS WITHIN RED OAKS ESTATES.DOC
RESOLUTION NO. 5802
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF THE CITY COUNCIL TO DENY THE REQUEST TO REZONE
LOTS 1 - 52 AND LOTS 59 - 72, BLOCK 1, RED OAK ESTATES NO. 3, FROM R-1,
SINGLE-FAMILY RESIDENTIAL, TO R-3, MEDIUM DENSITY RESIDENTIAL;
PLANNING CASE NO. ZC02-003
WHEREAS, the applicant, Martin Harstad, representing property owners Keith and
Diane Harstad, has applied to rezone 66 platted townhome lots within the Red Oak Estates No. 3
subdivision located at the southwest corner of Long Lake Road and County Road H2, said lots
being legally described as follows:
Lots 1 - 52 And Lots 59 - 72, Block 1, Red Oak Estates No. 3
Ramsey County
WHEREAS, the City Council has reviewed the following documents regarding this
proposal:
1. Planning Application
2. Zoning Map
3. Location Map
4. Future Land Use Map
5. County Half Section Map
6. Wetland Zoning Map
7. Residents’ letters
8. Staff Report
9. Planning Commission Resolution
WHEREAS, the City Council held a public hearing regarding this request on Monday,
July 8, 2002; and,
WHEREAS, according to Section 1125.01 of the Mounds View Zoning Code, the City
Council is to consider the possible adverse effects of the proposed rezoning and shall make a
finding of fact related to its review of the request.
Resolution 5802
Page 7
NOW, THEREFORE, BE IT RESOLVED, the Mounds View City Council makes the
following findings regarding the possible adverse effects of this rezoning as required by the
Mounds View Zoning Code:
1. The Current zoning of the lots is R-1, Single Family Residential. The requested zoning
of the lots is R-3, Medium Density Residential.
2. According to the Comprehensive Plan, the parcels proposed to be rezoned are designated
either Single Family Attached (those adjacent to County Road H2) or Single Family
Detached (those adjacent to Greenwood Drive). Only those lots within the Single Family
Attached area would be consistent with the Comprehensive Plan, as shown on the Future
Land Use Map. 34 of the requested 66 lots are within the Single Family Detached area
and would not be consistent with the Comprehensive Plan. The remaining 32 lots
proposed to be rezoned would not be inconsistent with the Comprehensive Plan, however
the requested R-3 designation is more intensive than what could be allowed within an R-2
designation, which is also consistent with the Single Family Attached future land use
designation. The City Council believes that the lots adjacent to County Road H2 are
more appropriately suited for re-zoning to R-2, which would allow either single family
homes or twin homes to be constructed, and that the lots adjacent to Greenwood Drive
should continue to be zoned R-1
3. Many of the lots proposed to be rezoned are within the City’s Wetland Zoning District.
15 of the lots or parts thereof are within the wetland itself while another 23 lots are within
the buffer area. Altogether, 38 lots have moderate to severe limitations due to the soils
and wetlands. The remaining lots may have grading and drainage issues which could
further aggravate stormwater management on the site.
4. The intensity of the potential development in 6 or 8-unit buildings would have a
significant impact to the existing residences and to the natural environment. The amount
of traffic generated by 34 townhome units added to the residential streets of Clearview
and Louisa Avenues would be extensive and could represent a safety hazard to the public,
depreciating the peace, health, safety and welfare of the neighborhood.
5. A high-density residential apartment complex is located on the north side of County Road
H2. On the south side of County Road H2 are the existing 6 townhome units and single-
family residential dwellings. The interior of the neighborhood, the area in which 34
townhome units would take access, is developed exclusively as single-family residential.
To the east of the development area is a drainage ditch and wetland area.
6. The Mounds View Planning Commission, at their meeting on June 19, 2002,
unanimously recommended to the City Council denial of the rezoning request, citing
many of the same adverse effects.
7. The City Council believes that Lots 73 and 74, which constitute the common area, should
be included in any rezoning of Lots 1-52 and Lots 59-72, because Lots 73 and 74 abut the
other lots and are also the only lots that directly abut the public streets that provide access
Resolution 5802
Page 8
to Lots 1-52 and 59-72. Normally accepted planning principles dictate that those two
lots be zoned the same as the abutting lots.
8. The Mounds View Planning Commission, addressing the issue of development density,
indicated that twin homes along County Road H2 would be more appropriate than
townhomes. The City Council concurs with this statement.
NOW, THEREFORE, BE IT FINALLY RESOLVED, based upon the above findings
of fact and the recommendation of the Planning Commission, the information and documents
regarding the rezoning proposal, the report drafted by staff, the testimony of the applicant and the
residents provided at the public hearing, the Mounds View City Council does hereby deny the
rezoning requests made by Martin Harstad.
Adopted this 22nd day of July, 2002.
_________________________________________
Richard Sonterre, Mayor
Attest:
_________________________________________
Kathleen Miller, City Clerk/Administrator
(Seal)
Motion:
Second:
Sonterre:
Stigney:
Marty:
Quick:
Thomas:
\\NTSERVER\MASTERFILES\2002\CITY COUNCIL\COUNCIL PACKETS\08-12-02\ITEM 07C RESO. 5802 DENYING THE REQUEST TO
REZONE LOTS WITHIN RED OAKS ESTATES.DOC
Item No. 7C
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution No. 5813 Authorizing the Preparation
and Acquisition of Easements for the County
Road H2 Street Project
Meeting Date: August 12, 2002
Background:
On July 22, 2002, City Council Adopted Resolution No. 5804 awarding the
construction contract for the County Road H2 Street Project and authorizing the
Mayor and City Administrator to sign said contract.
Discussion:
The City will need to obtain both temporary construction and permanent
easements as part of this project. Specifically, a total of twenty (20) temporary
easements and two (2) permanent easements are needed.
Temporary Easements
With a project of this nature, the goal is to match the new roadway in to the
existing grades of the lawns and driveway slopes. This ensures the best-finished
product for the property owner. Based on the slopes of some yards and
driveways, there is a need to go beyond the available right-of-way to match the
existing grade. In order to allow the contractor to perform this work, the City will
need to obtain temporary construction easements.
In the event that a temporary easement is not obtained, the contractor will
perform the work within the right-of-way limits.
Permanent Easements
There are two permanent pathway easements needed for this project. These
pathway easements will allow for the construction and on going maintenance of
the proposed pathway on the north side. The easement areas are located on the
two easterly parcels on the north side of County Road H2. Jake’s Sports Café
owns both said parcels.
Staff has met with representatives of Jake’s Sports Café to discuss the
dedication of these easements. A copy of a draft pathway easement was
presented at this meeting for their review.
Jake’s Sport Café has proposed to expand their parking onto the lot to the west.
Should the City approve this expansion, a developer’s agreement will be drafted
requiring a pathway easement be granted to the City.
In the event that a staff cannot secure the necessary pathway easements
through the development process or through negotiations with the property
owners, staff will bring this issue to the City Council for discussion and direction.
Recommendation:
It is recommended the Council adopt the attached resolution authorizing the
preparation and acquisition of easements for the County Road H2 Street Project.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 5813
AUTHORIZING THE PREPARATION AND ACQUISITION OF EASEMENTS
FOR THE COUNTY ROAD H2 STREET PROJECT
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
WHEREAS, the City will need to obtain both temporary
construction easements and permanent easements as part of this project; and
WHEREAS, twenty (20) temporary easements and two (2)
permanent easements are needed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mounds View, Ramsey County, Minnesota as follows:
1. The preparation and acquisition of temporary construction
easements and permanent pathway easements and agreements,
including necessary appraisals and legal descriptions are hereby
authorized.
2. The Mayor and City Administrator are hereby authorized to execute
the necessary easements.
Adopted this 12th day of August 2002.
________________________________
Richard Sonterre, Mayor
ATTEST:
________________________________
Kathleen F. Miller, City Administrator
Motion by:
Second:
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
Item No: 08A, Reso 5818
Type of Business: Council Business
Meeting Date: August 26, 2002
August 12, 2002
Item 08B
Resolution 5820
RESOLUTION NO. 5820
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ESTABLISHING A WAGE
THE GROUNDS/EQUIPMENT MANAGER
WHEREAS, David Parker is a regular full-time employee who began
working for the City of Mounds View on April 13, 2002; and
WHEREAS, On May 20, 2002 the City Council reclassified David
Parker’s seasonal position to a full-time, regular Grounds/Equipment Manager position;
and
WHEREAS, a position description has been created and pointed (275
Hay points) for the Grounds/Equipment Manager position.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council adopts the following schedule for the Grounds/Equipment Manager position:
1-$33,600 2-$35,700 3-$37,800 4-$39,900 5-$42,000
NOW, THEREFORE, BE IT FURTHER RESOLVED that
David Parker will be compensated at step 1 effective August 13, 2002, step two after six
months of employment pending satisfactory performance, step three after one year of
employment pending satisfactory performance. Subsequent increases will occur
annually pending satisfactory performance. All other personnel policies will apply
normally.
Adopted this 12th day of August, 2002.
ATTEST:
Richard Sonterre, Mayor
SEAL
Kathleen F. Miller, City Administrator
Motion by:
Second by:
Sonterre
Quick
Stigney
Marty
Thomas
Item No. 08C
Meeting Date: August 12, 2002
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: Givonna Reed, Assistant City Administrator
Item Title/Subject: Discussion Regarding an Interim Reorganization for
the Police Department
Date of Report: August 8, 2002
At the August 5, 2002 Work Session there was a lengthy discussion regarding an
interim reorganization of the police department. The Council gave staff four
directives:
1. Postpone the hiring process for an administrative assistant.
Letters have been mailed to all applicants indicating that the City
will not be hiring for the administrative assistant position at this
time.
2. Continue to have the senior clerk typist perform the duties of the
administrative assistant until a temporary employee is hired for the
administrative assistant position. The senior clerk typist will be
compensated as per the “Working out of Classification” policy even if the
appointment is for less than two months.
3. Continue to have the community service officer work full-time assisting
with administrative duties until such time as a temporary administrative
assistant is hired. The community service officer’s vacation and sick leave
accruals will be adjusted to reflect full-time status. The community service
officer will not be compensated under the “Working out of Classification”
policy.
4. Bring in a temporary employee to fill the administrative assistant’s position
and return the senior clerk typist and community service offer to their
regular positions and hours.
Staff has located an individual who has previous experience
working in police departments in an administrative capacity. The
individual has been hired by other cities to fill in on a temporary
basis. Staff will have additional information regarding work hours
and compensation at Monday’s meeting.
Recommendation
Review the above-listed directives and indicate to staff whether staff correctly
understood Council direction given at the August Work Session.
Respectfully Submitted,
Givonna Reed
Item 08D
August 12, 2002
Resolution 5821
RESOLUTION NO. 5821
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution Approving a Step Increase for Kathi Osmonson
WHEREAS, Kathi Osmonson is a regular full-time employee who
works in the Community Development Department; and
WHEREAS, Ms. Osmonson’s work performance has been rated
satisfactory or higher by her supervisor; and
WHEREAS, Ms. Osmonson’s supervisor recommends that the City
Council approve a wage adjustment from step three to step four per Resolution
5668.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City
Council does hereby approve a wage adjustment for Kathi Osmonson from step
three ($21.89/hr) to step four ($23.11/hr) effective June 24, 2002.
Adopted this 12th day of August, 2002.
Richard Sonterre, Mayor
ATTEST:
Kathleen F. Miller, City Administrator
SEAL
Motion by:
Second by:
Sonterre Aye No
Quick Aye No
Stigney Aye No
Marty Aye No
Thomas Aye No
August 12, 2002
Item 08E
Resolution 5823
M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\08-12-02\Item 08E
Resolution 5823 Appointing Duane McCarty to the PCSC.doc
1
RESOLUTION NO. 5823
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING DUANE MCCARTY
TO THE POLICE CIVIL SERVICE COMMISSION
WHEREAS, Eric Miller resigned from the Police Civil Service Commission; and
WHEREAS, Mr. Duane McCarty has expressed an interest in filling Mr. Miller’s term; and
WHERAS, Mr. McCarty’s term would be effective August 13, 2002 until December 31,
2004 .
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council do
hereby approve Duane McCarty for appointment to the Police Civil Service Commission.
Adopted this 12th day of August, 2002.
_______________________________________
Attest: Richard Sonterre, Mayor
________________________________________
Seal: Kathleen F. Miller, City Administrator
Motion by:
Second by:
Sonterre:
Quick:
Stigney:
Marty:
Thomas:
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
July 8, 2002
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:03 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas.
3. APPROVAL OF AGENDA
A. Monday, July 8, 2002 City Council Agenda.
MOTION/SECOND: Marty/Thomas. To Approve the July 8, 2002, City Council Agenda as
presented.
Ayes - 5 Nays – 0 Motion carried.
4. PUBLIC INPUT
None.
5. JUST AND CORRECT CLAIMS
Council Member Marty noted there were payments for three subdivisions and then said he
wanted to stress that Council had asked Staff to seek repayment.
Mayor Sonterre noted that looking at the claims for payment there were a number of
reimbursable items. He then indicated Council had asked Staff to determine a method of
notating on the claims which were to be reimbursed and asked if there had been any progress in
that regard.
Finance Director Hansen indicated he and Mr. Ericson had discussed the matter and he had
developed a spreadsheet that is not yet finished. He then indicated that there is an issue as to
what point in the process Staff should seek reimbursement from the developers.
Council Member Marty indicated he had asked about the golf course billboard and the City is
seeking reimbursement from Clear Channel.
Mounds View City Council July 8, 2002
Regular Meeting Page 2
Council Member Marty indicated Check Number 108721 was for Labor Relations Associates and
said it has been a couple of months since the contract was settled and he would like to know if
this will be the final bill from them.
Assistant City Administrator Reed indicated she was not sure if this would be the final bill on
this matter and noted that the City has an ongoing relationship with Labor Relations Associates
so it is likely the City will receive invoices periodically.
Finance Director Hansen indicated he had reviewed this matter when Council Member Marty
called and was unable to determine if this would be the last invoice received for the contract
matter.
Assistant City Administrator Reed indicated there may be some contract issues that continued
past the last date on the invoice.
Council Member Marty indicated he had a question with the check for the League of Minnesota
Cities training.
Council Member Thomas indicated she had decided to attend the training a lot later than most
people and the fees for the other attendees had already been processed.
Council Member Stigney commented that the triggering point for billing developers should be
when the City is invoiced.
Council Member Stigney indicated there were two checks to Kennedy and Graven one for the
Kessel matter and one for the Hammerschmidt matter. He then commented he thought those
matters were completed.
City Attorney Riggs indicated that the City has an appeal pending on one of the matters with the
state and a final decision was reached on the other.
Council Member Stigney asked what the City was billed for.
City Attorney Riggs indicated he had reviewed the decision and completed the final paper work
on the Kessel matter and the Hammerschmidt matter is in a pending status awaiting a decision
from the state.
MOTION/SECOND: Marty/Thomas. To Approve the Just and Correct Claims as Presented.
Ayes – 5 Nays – 0 Motion carried.
6. CONSENT AGENDA
A. Contractors Licenses for Approval
Mounds View City Council July 8, 2002
Regular Meeting Page 3
B. Resolution 5801 Authorizing and Pledging Support for Voting Equipment Grant
Application
C. Resolution 5796 Approving the Contract Award for Pest Control at City Hall
D. Set a Public Hearing for 7:05 p.m., July 22, 2002, to Consider Removal of Jakes’
Parcel from Theater Planned Unit Development Agreement
E. Consideration of Resolution 5798 Rescinding Resolution 5784 Approving
Appointment of Bruce Madsen to the Planning Commission
Assistant City Administrator Reed indicated she would like to make a comment during
discussion.
Council Member Stigney requested that Item C be removed for discussion.
MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Items A, B, D, and E as
Presented.
Assistant City Administrator Reed explained that she had been called by the state and been
informed that she needed to reduce the grant request to $7,650 which is the amount of the
hardware.
Ayes – 5 Nays – 0 Motion carried.
Council Member Stigney asked that the Consent Agenda be read.
MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item C as Presented.
Council Member Stigney commented he is concerned with approving a new contract for pest
control when it seems the existing contract has not worked. He then indicated there has been a
spider and ant problem that Orkin has not been able to control and asked whether there is a
guarantee if Will Kill is unable to take care of the problem.
Public Works Director Lee indicated the contract would have a clause that, if there is a recurring
bug issue, they will come out and deal with it free of charge.
Council Member Stigney commented that the past pest control service has been unsuccessful and
suggested getting ant bait traps because they are cheap and effective before getting another
professional.
Public Works Director Lee indicated the City has a history with Will Kill and there have been no
problems at the Community Center.
Council Member Stigney clarified there has not been a problem since the food storage issue was
resolved.
Public Works Director Lee indicated he would advise against not having a pest control contract.
Mounds View City Council July 8, 2002
Regular Meeting Page 4
Mayor Sonterre asked if it was necessary to have two separate contracts with Will Kill, one for
the Community Center and one for City Hall.
Public Works Director Lee indicated there would need to be two completely separate contracts
and noted there would be no cost savings to the City to have one contract.
Ayes – 4 Nays – 1(Stigney) Motion carried.
7. COUNCIL BUSINESS
A. Public Hearing to Consider the Martin Harstad Request to Rezone 66 Lots
within the Red Oak Estates No. 3 Subdivision from R-1, Single Family
Residential, to R-3 Medium Density Residential.
Mayor Sonterre opened the public hearing at 7:23 p.m.
Community Development Director Ericson reviewed his staff report with Council and provided
Council with a history of the property in question.
Director Ericson indicated that Martin Harstad, representing Keith Harstad had requested
rezoning of the lots originally platted in 1974.
Director Ericson indicated the lots were originally platted in 1974 and at that time the applicant
received a special use permit to construct townhomes in an R-1 district.
Director Ericson indicated that in 1977 the City’s zoning code underwent a revision and, while
the zoning did not change, townhomes were no longer allowed in an R-1 district.
Director Ericson indicated that in 1983 the Harstads had applied for a rezoning to R-3 to continue
with construction but that request was denied.
Director Ericson indicated the Harstads had applied for building permits in 1995 but they were
denied because townhomes are not allowed in an R-1 district. Shortly thereafter litigation ensued
and it continues.
Director Ericson indicated the Planning Commission had reviewed this request had held a public
hearing to take comment from residents. He then indicated that, based on resident feedback and
an assessment that the project would have a negative impact on the neighborhood the Planning
Commission has recommended denial.
Director Ericson indicated the Planning Commission’s primary reason for denial is that it would
adversely impact the neighborhood and, with regard to those accessing off of Greenwood Drive,
would alter the existing character of the neighborhood.
Mounds View City Council July 8, 2002
Regular Meeting Page 5
Director Ericson indicated the Planning Commission took into consideration the zoning and the
surrounding neighborhood as well as looking at the Comprehensive Plan while making their
recommendation.
Director Ericson commented that any development would have an impact to the neighborhood,
even single-family homes but the request for 66 townhomes would be a significant impact.
Director Ericson indicated the Planning Commission had looked at the City’s land use plan and
the property has three designations, medium density residential, low-density residential, and open
space natural.
Director Ericson indicated that Staff had made the assertion that impact is inevitable and said that
Staff did not feel that it would be inappropriate to approve townhomes for the lots fronting H2
given that it is not inconsistent with the Comprehensive Plan and there is high density use across
the street. Staff also took into consideration that H2 will be reconstructed. He then said that he
would not say that is Staff’s recommendation but that was Staff’s assessment.
Director Ericson indicated there has been discussion about legal standing and whether this
application should be considered. He then said there are six townhome owners on H2 and one
townhome owner who may speak to this issue has brought up to the Commission that a letter was
drafted in 1998 by the City Attorney in response to a rezoning request that states that any
rezoning of the property needs to be signed off on by those six existing townhome owners. He
further indicated that letter was drafted in response to a rezone of all the land within the Red
Oaks subdivision and this request is a rezoning request for the 66 individual lots, not including
the common area.
Director Ericson indicated it is a subtle difference but in the eyes of the law the letter does not
apply to this rezoning request.
Director Ericson indicated there had been a lot of discussion regarding wetlands on the site and
indicated that, should a rezoning be approved there are many requirements that the developer
would need to meet prior to the issuance of a building permit.
Director Ericson indicated residents have been attending meetings and Staff appreciates the
turnout.
Director Ericson indicated Staff had provided four options for Council consideration. The first is
to deny the rezoning in whole. The second option is direct Staff to draft an Ordinance that would
approve the 66-lot rezoning including the common space and open areas. The third is to deny the
rezoning for those lots fronting on Greenwood Drive and approve those fronting on H2,
including Lot 74 which includes a portion of the common space. The fourth option would be to
table the rezoning for further information.
Mounds View City Council July 8, 2002
Regular Meeting Page 6
Director Ericson indicated that Staff is not recommending any options as any of the four are
appropriate and after hearing public testimony he is hoping to have some direction from Council
as to how to proceed with this matter.
Council Member Stigney asked where Lot 74 was.
Director Ericson pointed out on the map the location of Lot 74.
Council Member Thomas clarified that option two would not require the townhome owners to
sign off.
Director Ericson said that is correct.
Mayor Sonterre indicated there is a significant difference in density in twin homes from
townhomes and asked if there had been discussions with regard to twinhomes or is the request
restricted to townhomes.
Director Ericson indicated that once the application is submitted the discussion is restricted to
townhomes. He then indicated that the Planning Commission had asked Staff to discuss
twinhomes with the applicant between the two Commission meetings and Mr. Harstad indicated
he would like to have townhomes. He further indicated he had seen drawings of upscale
twinhomes in the past but that is not what has been requested.
Mayor Sonterre indicated there is a major concern with the ongoing water level issues for
residents on Louisa and then asked for a history on the attempts to remedy those issues.
Director Ericson indicated he had not been with the City long enough to have a complete history
on the situation but noted that when the development was approved by the City there was to be a
drainage swale at the back of the property to provide drainage and storm water runoff to the area
adjacent to Long Lake Road where there is a culvert that runs south and that was never
completed and as a result there have been issues with drainage that should have been addressed
back in 1974 that were not. He then indicated that there has been significant tree growth in the
area where the swale was to be created and noted there will be significant tree loss to correct the
problem. He further indicated this has been the wettest June on record so there is water where
there normally would not be but said there is a drainage issue in the area to be resolved.
Director Ericson commented that Mounds View is a wet community as a matter of course and
residents who are the high spot on the block could have water in basements. He then said that he
did not think the drainage issues could be entirely blamed on a development from 1974 because
there is a high water table in the community and many residents have sump pumps running
constantly.
Mayor Sonterre requested that even though this is an emotional subject that residents limit the
duplication of comment if at all possible.
Mounds View City Council July 8, 2002
Regular Meeting Page 7
Julian Sprunck of 2649 Louisa Avenue handed out pictures taken of his property with standing
water and noted those pictures were taken in three different years. He then said he had attempted
to obtain pictures of the current situation because the water is knee high but those pictures did
not work out.
Mr. Sprunck indicated the Mayor had asked him to confirm comments made to him by a Rice
Creek inspector in 1998 and said he had done so. He then indicated that last week Barbara
Haake from Rice Creek and Lee Daleiden, the new inspector for Rice Creek were out to his
house to review the situation. They spent two hours determining what the 6-inch pad would do.
He further indicated that it was explained to him that, from the floor of the underground water
table there is a measurement that goes up either 24 or 36 inches and, if it is 36 inches, that would
raise the ground level by 6 inches which would cause flooding to him and 11 others on Louisa
and three others on Sunnyside Road for a total of 15 properties.
Mr. Sprunck went on to say that Rice Creek reviewed materials from Mr. Ericson provided at the
Planning Commission meeting and it appears as though there is no room for onsite drainage.
They indicated that, depending on underground floor of the water table, the ground would have
to be raised by six inches and noted that, at the present time, no representations no questions and
no applications have been directed to Rice Creek. If an application is made then all the testing
must be done including establishing the floor of the ground water table and soil borings because
of the possibility of a peat bog.
Mr. Sprunck indicated that if all applications are in order the approval would be granted but
would be good for only 90 days.
Mr. Sprunck indicated that Rice Creek had told him that they are more active than ever before
and are extremely concerned about the quantity and quality of water and drainage issues.
Mr. Sprunck handed out a packet of information for each Council Member. In the packet there
was a letter to the Planning and Zoning Commission from Judy Rowley and Mr. Sprunck pointed
out that the letter states that the residential area is not designed to carry the amount of runoff
resulting from multiple dwellings.
Mr. Sprunck indicated that Mr. Ericson had said earlier in this meeting that the part of the
property fronting on H2 would be compatible with the City’s Comprehensive Plan. He then read
an excerpt from a report drafted by Mr. Jopke dated December 30, 1997 which stated the
opposite opinion indicating that the entire site would need to be replatted.
Mr. Sprunck commented that Mr. Ericson’s cover letter indicates that the Comprehensive Plan
would need to be amended to reflect medium density residential and said, for obvious reasons, he
would be opposed to amending the Comprehensive Plan.
Mr. Sprunck closed by saying that, in his view, to build townhomes to the tune of 66 is
detrimental to the neighborhood and adversely affects 15 properties. Three on Sunnyside and 12
on the north side of Louisa Avenue.
Mounds View City Council July 8, 2002
Regular Meeting Page 8
Mr. Sprunck said he does not want his home flooded. He then said, in the words of a former first
lady of this land he would say in regards to townhomes, “just say no.”
Mayor Sonterre asked if there have been any discussion with Rice Creek concerning the
proposed swale.
Mr. Sprunck said there was no discussion of that but Rice Creek did review all of the materials
from the June 5 and June 19, 2002 meetings and there was concern that given the present platting
there appeared to be no room for onsite drainage and that is when Ms. Haake indicated Rice
Creek is concerned with the quality and quantity of water in the area.
Council Member Marty indicated he had spent a lot of time at City Hall a few years ago looking
through boxes of material on Red Oaks Two and Three and one of the things he came up with
was when the initial 6 townhomes were completed there was to have been a ditch dug in the back
of those lawns along Louisa and Sunnyside and Harstad was not able to get his equipment back
there because the ground was too soft and was waiting until it dried up but that was the last time
it was ever addressed. He then said that the project was never finished and that is why there are
drainage issues now.
Mayor Sonterre clarified that the comment was made by Keith Harstad.
Director Ericson said he agreed 100% with Mr. Sprunck that the City is depending upon Rice
Creek Watershed to make sure that whatever happens out there the drainage and water quality is
protected. He then said that the assessment that there does not appear to be detention ponding
room or storm water management room is correct but that is not the issue tonight as Rice Creek
would make a recommendation concerning that and the developer would need to amend his plan
to comply with the recommendation.
Director Ericson explained the difference in his report and Mr. Jopke’s report is that the
Comprehensive Plan had been amended with regard to the zoning designation for the property.
Mayor Sonterre asked if Rice Creek had jurisdiction over the entire area.
Director Ericson said that any time a development exceeds 2.5 acres Rice Creek is charged with
reviewing and making recommendations concerning storm water management.
Lee Watkins of 2609 Louisa Avenue indicated his property abuts the property in question and
said towards the east end of Louisa the swale was never completed and asked why the City could
not get something done to correct the problem. He then said he would like something done
before the development starts and would like something done even if the proposal does not go
through. He also indicated he was opposed to any townhomes along Greenwood Drive.
Mayor Sonterre asked why, based on Council Member Marty’s comments that there is a
document indicated the swale would be done, why it has not been done.
Mounds View City Council July 8, 2002
Regular Meeting Page 9
Director Ericson indicated he did not know as the documentation required in 1974 was not as
thorough as is required now and there is not much information on the matter in the City’s file.
He then said that, in reviewing City records, there is not a grading plan but there was discussion
in reference to the swale being constructed after the 6 units were built and Council said no more
permits would be issued until the swale was built. He further suggested that maybe Mr. Harstad
could answer that question.
Mayor Sonterre indicated he would ask Mr. Harstad the question later.
Mr. Watkins indicated that part of the issue may have been from previous building officials and
the “good old boy” attitude. He then said that those officials are gone and the new administration
needs to fix the problem. He further said there should not be an issue with getting equipment in
there as there was equipment brought in to redo the culvert under H2.
Steve Miller of 2614 Clearview indicated he had lived in his home since 1974 and has lived the
history of the area. He then said that Mr. Sprunck made mention of 15 homes that would be
affected and said he would suggest that 50 plus homes would be impacted from the additional
traffic in the area. He also said there are property value and safety issues to consider.
Mr. Miller indicated that he too has water in his backyard and is not interested in finding out how
much worse it could get. He then said that part of the problem lies with past administration and
it is too late now but please do not make it any worse. He further stated that he requests that
Council deny the request as it is R-1 property and should be utilized as R-1 property.
Ron Morgan of 2656 W County Road H2 indicated he was speaking on behalf of the six
townhome owners. He then said those townhomes are right in the middle of this development
and there is an Association that governs all that land and they, as owners of homes and members
of the association, have rights that need to be considered. He further said he feels it is bizarre
that this has gotten to this stage and the residents have not been considered.
Mr. Morgan indicated he was not an original owner but has been there for 15 years. He then said
that Keith Harstad was given permission to build townhomes and he constructed six, sold them
and abandoned the project. He further explained that those homeowners have had issues with
financing and feel the Harstads abandoned them.
Mr. Morgan said he felt going back to the old stuff as proposed is obsolete and should not be
allowed.
Mr. Morgan said he wanted to make the point that they, as the six townhome owners, have some
rights. He the referred to City Attorney Riggs letter and red an excerpt from it concerning the
rezoning request. He also commented that the upscale twin homes proposed at that time would
have been more appropriate than the current proposal.
Mounds View City Council July 8, 2002
Regular Meeting Page 10
Mr. Morgan indicated he was not sure what has changed or why the letter would not apply to this
request but noted he has hired legal representation for the matter. He then said he feels it is
bizarre that a rezoning of their land could take place without them being involved. He further
stated that they come to Council, who represents the residents, to be fiduciary.
Mr. Morgan indicated the common area is the largest portion of the property and said that the
association comprised of the six townhome owners pay dues and assessments and no one else
does because the other land is vacant. He then said he does not think it makes sense to put in six
more units like are already there.
Mr. Morgan indicated the townhome owners do not feel it is right and he feels Mr. Riggs letter
says that they need to be involved in a zoning request change as they are part of that development
and the only ones that live in that development. He then said they do have rights to say what will
be done and asked that Council deny this request totally.
Mr. Morgan said that his comments do not mean that the association would not support Mr.
Harstad in development but they think there are ways to do things and things that must be
addressed to resolve the issues to the benefit of all before coming to Council with a proposal.
Mr. Morgan asked that Council vote this change down as R-3 is not acceptable to them.
Council Member Marty asked if Mr. Morgan pays association fees.
Mr. Morgan said yes.
Council Member Marty asked if association fees have been collected since the development
began.
Mr. Morgan indicated he was not there when the development began but has paid fees since he
has lived there.
Mr. Morgan indicated the dues go to the association for management of that land including lawn
care and snow removal.
Council Member Marty asked when it changed.
Mr. Morgan indicated that Mr. Harstad was collecting in the beginning and he is not sure when
that changed. He then said that Mr. Harstad has not paid dues and only owns 66 individual plots
and no improved property. He further said that as things take place they have the right to be
considered and this development is not fiduciary.
Mayor Sonterre asked City Attorney Riggs to comment on the letter from 1998.
City Attorney Riggs indicated Mr. Ericson had explained the matter correctly in that the two
situations are different and the letter is meant to cover that one specific application. He then said
Mounds View City Council July 8, 2002
Regular Meeting Page 11
he had spoken to Mr. Morgan’s legal counsel and explained the letter and intent and he
understood that. He further indicated that Council rezone the land on its own volition without an
application to do so.
Mr. Morgan said he is not an attorney and he does not think it appropriate to speak to the matter
any further.
City Attorney Riggs indicated he discussed the matter with Mr. Morgan’s attorney and he
understood the distinction between the request in 1998 and the request in 2002.
David Jahnke of 8428 Eastwood Road asked if an impact study would be done for this type of
development.
Director Ericson indicated that, if Council felt traffic could be an issue with this development,
Council could request that a traffic study be done.
Mr. Jahnke indicated that if residents are concerned with traffic input a study should be
requested. He then asked how much power Rice Creek has to control development.
Mayor Sonterre indicated the powers of Rice Creek are fairly broad and it takes legal action to
overturn their decision.
Mr. Jahnke asked why there were two different opinions from Staff on the same issue.
Director Ericson explained that the Comprehensive Plan had undergone an update and the zoning
designation had been changed since Mr. Jopke’s report was drafted in 1997.
Mr. Jahnke said he is always concerned with legal fees and said he was impressed with the last
speaker. He then said he thinks the landowners and developer should sit down and come to some
kind of resolution before spending a lot of money on attorney’s fees.
City Attorney Riggs indicated he and Mr. Morgan’s attorney had discussed that issue and, even
thought there have been failed attempts in the past the League of Minnesota Cities recommends
trying to resolve the matter prior to costly attorney’s fees as well.
Mr. Morgan indicated he and his attorney did talk and have a different opinion. He then said he
does not know the law but he does know what he feels and he feels that living right there in the
middle and being the only ones that live there this is not just and proper. He then asked Council
to be fiduciary in that right.
Mr. Morgan said that, if necessary to split legal hairs, it could cost a lot of time and money and
there are other ways to accomplish things. He then said that some of the previous meetings went
rather badly but the meeting with Mr. Harstad was fine, they agreed to disagree.
Mounds View City Council July 8, 2002
Regular Meeting Page 12
Mr. Morgan said he is not paid to be at these meetings and, in addition to not being paid to be
here, he has been spending money as a taxpayer for City Attorney fees as well as fees he has paid
to hire consultants. He then said he does not enjoy paying money for this situation and would
hope that they can do something other than to agree to disagree.
Richard Busby of 2645 Louisa indicated the Council had heard a lot about water problem which
is a big problem but along with that he would like Council to take into consideration home values
in the area as he would not purchase a home in a busy traffic area and he feels adding that much
traffic to the area would diminish property values. He then asked Council to vote down the
request.
Martin Harstad of 2195 Silver Lake Road in New Brighton indicated he did not have an answer
for all the questions but, if directed to do so will be happy to look into them for Council. He then
said he has been working for a couple of years to resolve some outstanding properties since his
father’s retirement.
Mr. Harstad explained that in 1974 the 72 townhomes were platted and that means that a separate
legal description for 72 individual lots were drafted and recorded so he got 72 tax statements
from the County. He then said six townhomes were built but were not selling so his parents,
being land developers, moved on to other projects all the while still receiving tax statements for
66 lots. He further commented that the project was not abandoned but his parents moved on to
other projects.
Mr. Harstad commented that the City changed its ordinance and townhomes were no longer
allowed in an R-1 district. He then said he is not sure why the ditch was not dug but said he
would ask his father tomorrow. He further explained that he can do nothing on his land because
of the change to the ordinance and pointed out that his father had dumped sand on the property
and was told by the City he did not have the right even to do that.
Mr. Harstad indicated his parents have continued to pay property taxes on those 66 boxes and, in
turn residents suggest that the property was abandoned. He then said they did not agree with the
change in 1977 and voiced that opinion to Staff, their attorney and Council. He further noted that
in 1983 they did try to come in and obtain a rezoning but were denied.
Mr. Harstad indicated that ownership of the property is a complex issue because of the common
area. He then said he has a clouded title and would need the consent of the other townhome
owners if he steps outside of the 66 platted boxes.
Mr. Harstad indicated he had tried to resolve the matter with the six property owners and they
have agreed to disagree and what they disagree over is the dollar amount for their signatures to
do something with the property. He then said that, since he was not able to reach an agreement
with the other property owners they started looking at how to utilize the 66 boxes they own. He
also noted that twinhomes would not work because they do not fit inside the little boxes.
Mounds View City Council July 8, 2002
Regular Meeting Page 13
Mr. Harstad indicated the zoning is not proper for the townhomes and he is looking for answers
to this problem and would love to work it out. He then said he has heard about the issues with
drainage and, while he has not walked around in back yards, he has toured the neighborhood and
it appears there are potholes in backyards. He also indicated that it appears that some
homeowners have taken what appears to have been at one time a split entry home with a 5 block
basement and put in a patio door which leads to drainage issues. He further stated that he does
not disagree that there are drainage issues but said there are many contributing factors for the
drainage issues and a drainage swale would help but so would a storm sewer in the area.
Mr. Harstad indicated that as part of the plat he gave a drainage easement for City storm water
management and the plan was ultimately to have a swale to come through back yards and dump
into the wetland area.
Mr. Harstad commented that since 1974 the City has allowed other developments to direct water
to his property and the property is wetter than it was in the past and he is not sure if there is the
capacity to hold runoff from this development today as there was in the past. He then said that
there is room for ponding if required by Rice Creek Watershed District.
Mr. Harstad indicated he would ask his father why the ditch was not completed but speculated
that his father would say the City took away his rights in 1977. He then said he would like to see
the documentation back and forth with the City and his father as well as a drainage plan because
he does not have one in his file.
Mr. Harstad said he would be wiling to do a traffic study if required by Council but he feels the
roads in the area are designed to handle more traffic than area residents would like to see on their
streets.
Mr. Harstad indicated he had not seen the letter from Judy Rowley and would like a copy. He
then indicated that he had met with Mr. Morgan in the past but would be willing to attempt it
again with City participation.
Council Member Marty commented that he remembered seeing a letter to Mr. Harstad asking
that the sand dumped on the property be removed and that has not been done. He then asked
what happened to the plan for the 29 twinhomes.
Mr. Harstad indicated that he had provided a sketch plan to the City for consideration but the
plan had gone nowhere because he could not reach an agreement with the townhome owners.
Council Member Marty indicated he felt some of the land could be developed but he is not sure
about the wetland area. He then said he had received information from a resident that indicates
there is more water in the area being directed there from the theatre development.
Council Member Marty indicated he would like the City, the developer and the landowners to
meet to discuss the matter in an attempt to resolve it prior to litigation beginning.
Mounds View City Council July 8, 2002
Regular Meeting Page 14
Mr. Harstad said he is willing to do that but asked Council not to lose sight of the fact that there
have been attempts made that have gone no where.
Council Member Marty commented that he was surprised at the small amount of tax being
collected on the piece that was sold at Ridge and Long Lake Road before it was improved. He
then said he would like Mr. Harstad to work with residents and the townhome owners to come to
a resolution on the matter. He further said that it appears that Mr. Harstad has shown a
willingness to work with residents to reach resolution.
Mayor Sonterre indicated he would be honored to facilitate the discussions and suggested setting
up a date with no attorneys present for the parties involved to discuss and attempt to resolve the
matter. He then said the boxes are not looking good and you need new boxes.
Steve Miller asked why single family residential development would not be economically
feasible.
Mr. Harstad indicated he would need variances from Council to construct single family homes
and they would be five feet apart.
Mr. Miller indicated there is still the issue of the problem with the association.
Mr. Harstad said he was glad to see that Mr. Morgan has hired legal representation at this point
because part of the problem with communication is that he has too much legal representation.
Judy Rowley of 2562 Ridge Lane indicated her letter was part of the packet for the June 5, 2002
meeting as well as being on the website.
Mayor Sonterre asked that Mr. Harstad call him tomorrow with his dad’s answer to why the ditch
was not completed.
Mayor Sonterre indicated that Mr. Harstad should come to City Hall and make a data practices
request to either view or have copies made of the documents he had referenced earlier in the
meeting.
Council Member Thomas said she did not wish to denigrate Mr. Morgan but said she does not
consider the rights of the townhome owners over the rights of the property owner. She then said
that she had received calls on this matter and the callers indicated that the proposed boxes do not
fit the property any more and should be changed. She further asked Mr. Ericson if option two
would allow for townhomes on H2.
Director Ericson said yes.
Council Member Thomas commented that H2 is to have storm sewer installed with the
reconstruction and commented that would help alleviate drainage issues. She also noted that
Rice Creek has said they do not want the storm sewer.
Mounds View City Council July 8, 2002
Regular Meeting Page 15
Director Ericson said he could not begin to speculate as to what type of impact the storm sewer
would have on the drainage issues in the area but said he feels it would only help.
Mayor Sonterre indicated that fixing the grading would be huge help.
Council Member Thomas noted there is a natural decline to backyards in the area which means
the storm sewer may not help all that much.
Director Ericson said the storm sewer would be an improvement but the biggest improvement
would be to grade backyards and maybe create storm water detention elsewhere so it does not
flood out backyards. He then said that he thinks anything is an improvement because it is not
working and any type of grading would have to pass muster with Rice Creek.
Council Member Thomas asked whether there was a likelihood of anything happening there if
the project does not go forward.
Director Ericson said he does think there is a way to explore what can be done to complete the
ditch that was not constructed.
Mr. Harstad indicated he would have a really hard time going back in there and clear cutting all
those trees and spending thousands of dollars to solve drainage issues for other people if the
project does not move forward. He then said he does not think it is fair to ask him to throw more
money at a 30-year mess if it does not involve a plan for development of the property.
Mr. Harstad indicated the City is suggesting he take all the drainage from all those houses and
take the water and make go away. He then said that whether or not there were representations
made 30 years ago he is not sure but it is not fair to ask him to do that. He also said he would
create a swale at the back of his property line but it would be the responsibility of the individual
property owners to grade and reshape their property. He further stated that he would create the
swale along the back property line as is usually a part of any development but he thinks it is
unfair to ask him to grade all the other yards for positive drainage.
Council Member Thomas said that was not her suggestion thus the reference to the storm sewer
and she does not think he could entirely remove water that flows in there. She then said her
concerns are that if the City does not authorize some sort of development plan nothing will
change. She further said she has no expectation to believe Mr. Harstad would do something with
no development in mind and the 30-year waiting game would continue.
Mr. Harstad indicated he would be happy to come to Council with different floor plan that would
be new and aesthetically pleasing to all.
Council Member Thomas asked if residents would support the piece on H2 with the rest not
being there which is option three.
Mounds View City Council July 8, 2002
Regular Meeting Page 16
Ron Morgan thanked Council for the opportunity to speak and be heard. He then said the
association owns the property which is called common area and is owned on two deeds and that
is by the far majority of land.
Mayor Sonterre asked Mr. Morgan to address the specific question asked.
Mr. Morgan said the answer is no as he does not think it is beneficial to the community and not
appropriate. He then said that he thinks that is why the development was stopped as the units did
not sell.
Lee Watkins said he did not have a problem with construction on H2 but the density brought by
34 townhomes to the Greenwood area with two cars per family would be an issue.
Mayor Sonterre said traffic for the neighborhood would not be an issue with option three.
Council Member Stigney asked whether the City could run into legal problems by approving
option three.
City Attorney Riggs indicated the Council could approve the rezoning of the parcels requested by
Mr. Harstad without consent of the townhome owners.
Director Ericson indicated that option three would rezone a portion of the common area/
City Attorney Riggs indicated that is a different issue as the applicant did not request that portion
be rezoned it would be an action taken by Council at its discretion rather than by request.
Director Ericson indicated that Staff recommends rezoning the parcel where the townhomes are
located if the City approves option three because they are a nonconforming use and rezoning to
R-3 would bring them into conformity.
Council Member Stigney asked if there would be legal repercussions.
City Attorney Riggs said that somebody can always sue but Council has the ability to rezone that
property of it own volition.
Council Member Stigney asked what the potential was that Mr. Morgan and his townhome
association would sue the City.
City Attorney Riggs indicated he was not sure whether they would sue the City but the City does
have the ability to rezone any parcel in the City by its own volition and that is supported by state
law and City ordinance.
Council Member Marty indicated he was concerned that R-3 zoning would be too dense a use
and he would prefer to see upscale twinhomes. He then commented that he is concerned that
Mounds View City Council July 8, 2002
Regular Meeting Page 17
because the homes are small people would buy them as investments and rent them out. He also
asked what the likelihood of doing the development as a PUD would be.
Director Ericson indicated it could be done as a PUD but the property owner would need to
agree. He then said that the City would retain ultimate control over the development through the
site review process should the approval of the rezoning move forward.
Council Member Thomas said that on behalf of renters, just because a home is owned by
somebody and rented does not make it a bad thing. She then said that the Council is really
determining whether the rezoning would move forward not discussing the platting.
Council Member Quick asked at what point in time the public hearing would be closed to bring
the matter to Council for discussion.
Mr. Sprunck asked if anybody could give him one good defensible reason as to why population
density and traffic density should be increased in the area.
Mayor Sonterre asked him why it should not be since the traffic capacity is there with the
improvement to H2.
Steve Miller asked if it would be possible to rezone the lots to R-2 rather than R-3.
Director Ericson indicated the Planning Commission had asked that Staff discuss that with Mr.
Harstad and it is not an option because the request is for R-3. He then said that Council could
deny the rezone and suggest that R-2 may be more appropriate.
Council Member Thomas commented that the rights of the property owner to develop his land
needed to be respected as much as the rights of the residents in the area. She then said that, if
there is no significant reason not to increase the density, then why should the City not do so.
Ron Morgan indicated that the Planning Commission spent two evenings discussing this matter
and, without exception, voted this down. He then said he has heard no one other than Harstad
speak to the benefits of this development.
Mayor Sonterre closed the public hearing at 9:24 p.m. and thanked residents for their input.
Council Member Quick asked for a five-minute break.
Council recessed at 9:25 p.m.
Council reconvened at 9:36 p.m.
Council Member Marty said he would recommend option one and recommend that the interested
parties meet to discuss other options such as R-2 to limit the density in the area.
Mounds View City Council July 8, 2002
Regular Meeting Page 18
Mayor Sonterre indicated he had spoken to a representative of the association, the neighborhood
and the developer and they have agreed to meet in the next few days in an attempt to discuss
options for the property that would be amenable to all parties. He then said he could vote for
either option one or option four.
Council Member Thomas admitted she was torn between one and four and said she is cynical
that something can be worked out among the parties.
Director Ericson explained that any action tonight would be a direction to Staff to bring forward
a Resolution at the next meeting. He then said that, based on discussions during the two-week
period the direction could change at that meeting.
Council Member Quick indicated he was in support of option one and said he did not feel Staff
should be directed to go another way without a plan in front of him. He also said he would be
willing to table if there is a need for further information.
Council Member Marty said he would like to see when this comes back that this comes back as a
possible PUD so the City would have more control over it at the City level.
Director Ericson indicated the PUD would give the City more control but said it may be difficult
to impose a PUD on the developer.
Council Member Thomas said she knew this was an unfair question but asked if Mr. Harstad felt
it would be possible to work something out and bring back another option to Council. She then
said is there a plan b if this one is not approved.
Mayor Sonterre indicated that Mr. Harstad has expressed a willingness to explore other options
and work with neighbors and the City on the matter.
Mr. Harstad said he does not have a plan b as this property has numerous challenges to
development. He then said he is willing to dialogue with the neighbors and discuss options but
he cannot guarantee how that will work out.
Mr. Harstad said he would give the discussions his best efforts.
MOTION/SECOND: Marty/Quick. To Direct Staff to Prepare a Resolution Based on Option
One of the Staff Report Denying the Rezoning Request.
Council Member Marty said he would like all parties to get together to work something out that
is agreeable to as many as possible.
Council Member Stigney agreed that this is one way to resolve the matter because if it is drug out
past the 60 days it would be automatically approved.
Ayes – 5 Nays – 0 Motion carried.
Mounds View City Council July 8, 2002
Regular Meeting Page 19
Council Member Marty went home ill at 9:55 p.m.
B. Discussion Regarding Ordinance 700 Proposing an Amendment to the
Mounds View City Charter by Amending Section 3.07 of the Charter of the
City of Mounds View as to Signing and Publication of Ordinances.
City Attorney Riggs indicated this proposed Ordinance is a result of discussions and language
requested by the Charter Commission. He then explained he had provided sample language to
the Charter Commission for consideration. He further explained that the language he had
provided comes right from state statute and had been changed slightly by the Charter
Commission and may have some potential ambiguity with regard to the language concerning cost
effective.
City Attorney Riggs indicated he believes it was the intent of the Charter Commission to
alleviate the cost of rather lengthy ordinances that the City has to publish by allowing for a
summary to be printed.
Mayor Sonterre asked if it would alleviate the ambiguity to say that a lengthy ordinance is costly
so a summary is cost effective.
Council Member Thomas commented that she did not think there was any ambiguity created by
the first paragraph being different from the 4/5th vote paragraph. She then said that Council is to
determine whether the summary is cost effective and whether or not to publish the summary
needs a 4/5th vote.
City Attorney Riggs indicated he had brought it up because the language he used was the
language that the legislature passed.
City Attorney Riggs commented that it could be argued that Council needs to have a 4/5th vote to
determine if it is cost effective.
Mr. Thomas, Chair of the Charter Commission indicated he agreed with City Attorney Riggs that
it was not the intent of the Commission to require a 4/5th vote to determine whether a summary
was cost effective. He then indicated the Commission had discussed the matter at length and
determined that, in some cases, it is more costly to have a summary prepared than it would be to
publish the complete ordinance.
City Attorney Riggs indicated he was trying to avoid having to interpret intent in the future by
clarifying the language now.
Mr. Thomas indicated that Council would have the latitude to correct wording in an ordinance so
long as the content is retained.
Mounds View City Council July 8, 2002
Regular Meeting Page 20
City Attorney Riggs agreed but said it is a tight standard and he would not like to say Council can
amend the ordinance without discussion with the Charter Commission.
Mr. Thomas suggested ending the sentence after the word summary and adding a footnote to
clear up the ambiguity.
City Attorney Riggs indicated the footnote could state that it is the intent of the Charter
Commission that Council determines which is more cost effective.
Mayor Sonterre indicated the purpose of this discussion is to get the ordinance in a form that
would allow the public hearing to be set.
City Attorney Riggs indicated the entire ordinance would need to be published in this instance.
MOTION/SECOND: Thomas/Quick. To Approve the Language of Ordinance 700 as Amended
for Publication.
Council Member Stigney asked how the footnote would read.
City Attorney Riggs indicated the footnote would read, it is the intent of the Charter Commission
that Council determines which method is more cost effective.
Ayes – 4 Nays – 0 Motion carried.
C. Discussion Regarding the Police Civil Service Commission Position
Description.
City Attorney Riggs indicated he had been told there was some discussion that Council wanted it
noted that Council has the final appointing authority. He then said that is inherent in state statute
and not necessary.
City Attorney Riggs indicated that the wording of the description follows out of state statute
419.06, Item 7 that indicates that hiring and review stays with the Commission but appointment
from the roster of three is at the discretion of Council.
Council Member Quick said he thought the document was to be a blueprint for Commission
Members to know what the responsibilities are and know that Council has the authority to
appoint.
City Attorney Riggs indicated he wanted to clarify it and said that the description is consistent
with state statute and the City’s Charter that the ultimate appointment lies with Council.
Council Member Thomas indicated her concern was that the top part of the description seems
completely different from the primary responsibilities and she wanted to clarify the two because
they are somewhat contradictory.
Mounds View City Council July 8, 2002
Regular Meeting Page 21
City Attorney Riggs indicated he had discussed with Ms. Reed setting out parts of the Bylaws.
Council Member Thomas indicated a section that adds information on the process would clarify.
Mayor Sonterre suggested adding “to the City Council” where the description speaks to making
recommendations.
City Attorney Riggs said that would be fine.
Council Member Thomas said she thought doing so would further confuse the overview.
City Attorney Riggs indicated that Council has the ultimate authority over the appointment but
not over the process of determining the list of appointees.
Council Member Thomas said she felt it was necessary to find a way of explaining this to
someone who is not educated as to the process and said she does not want to change the statute
part of the language.
Council Member Quick said he thought it should stand the way it is that way the Commission
knows it has absolute authority over its portion of the process and, when their portion of the
process is completed, then it is handed over to Council.
City Attorney Riggs indicated he could add a separate paragraph.
Council Member Stigney suggested adding “subject to Council approval.”
City Riggs indicated it is not Council approval it is Council appointment.
Council Member Thomas indicated there should be a paragraph between overview and primary
responsibilities that says once the duties are done it is passed on to Council.
City Attorney Riggs indicated he would add a statement indicating that once certification of the
roster is completed it would then go to Council for appointment.
8. SPECIAL ORDER OF BUSINESS
A. Resolution 5799 Continuing the Contract for a Temporary Employee to Fill
the Cable Technician Position.
Finance Director Hansen indicated that Council had approved the hiring of a temporary employee
to fill the Cable Technician Position on May 28, 2002 for 8 weeks. He then indicated that the
hiring process has begun but, the 8 weeks is up shortly, and the hiring process will not be
completed so Staff is requesting an extension of 8 weeks or until the position is filled.
Mounds View City Council July 8, 2002
Regular Meeting Page 22
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5799, a
Resolution Continuing the Contract for a Temporary Employee to Fill the Cable Technician
Position.
Ayes – 4 Nays – 0 Motion carried.
B. Resolution 5797 Approving the Appointment of Jeff Wienke to the Public
Works Sewer Department.
Assistant City Administrator Reed indicated the Public Works Director had asked to change the
start date from July 22, 2002 to July 29, 2002 to accommodate a vacation in the parks
department. She then indicated there is an opening in the sewer department and interest was
expressed by the parks department employee. She further indicated she and the public works
director met with the employee and determined he met the qualifications and recommend that he
be moved to the sewer department and request authorization to hire for the position being
vacated in the parks department.
Council Member Quick asked why there was a vacancy in the sewer department.
Assistant City Administrator Reed indicated that Larry Decheine had retired.
MOTION/SECOND: Quick/Sonterre. To Waive the Reading and Approve Resolution 5797, a
Resolution Approving the Appointment of Jeff Wienke to the Public Works Sewer Department.
Council Member Stigney commented that the reason the hiring is taking place this way is in
accordance with the labor agreement to fill permanent job vacancies from within if the individual
is qualified.
Ayes – 4 Nays – 0 Motion carried.
C. Resolution 5800 Appointing David Jahnke to the Airport Advisory
Commission.
MOTION/SECOND: Sonterre/Quick. To Approve Resolution 5800, a Resolution Appointing
David Jahnke to the Airport Advisory Commission.
Ayes – 4 Nays – 0 Motion carried.
9. REPORTS
Assistant City Administrator Reed indicated she had just finished updating the City’s Code and
asked how Council would like to receive copies.
Council agreed to receive updated Code on CD’s.
Mounds View City Council July 8, 2002
Regular Meeting Page 23
Assistant City Administrator Reed indicated that the City Administrator’s review is scheduled for
August 5, 2002 at 5:00 p.m., prior to the work session.
Mayor Sonterre indicated that Mr. Backman had asked him to inform the viewing public that
there will be a meeting on Wednesday, July 10, 2002 at the Mounds View Community Center at
6:00 p.m. to discuss the Mounds View Manufactured Home Park Revitalization program. He
also indicated that there would be refreshments and light snacks served as well as a supervised
gym for the children of those attending the meeting. He further indicated that the general public
is invited and encourage those that live in the park to attend.
Assistant City Administrator Reed indicated the filing dates for this year’s election are August
27, 2002 through September 10, 2002 at 5:00 p.m. and the filing fee is $10.00. She also
indicated the City is in need of election judges and training for those judges will be held in
August.
Mayor Sonterre indicated he had asked department heads to add to his summary list of actions
taken by this Council and provide those to him by midweek.
Council Member Stigney indicated the Mayor’s letter had said the list would be on the website
but it is not.
Mayor Sonterre indicated it would be when completed.
10. APPROVAL OF MINUTES
A. Minutes for May 20, 2002
Council Member Thomas indicated she had offered this correction before but it had been left off.
On Page 3 indicate that Mr. Longville would retain the title of golf course manager.
MOTION/SECOND: Quick/Thomas. To Approve the Minutes for May 20, 2002 as Amended.
Council Member Stigney indicated that Council Member Marty asked to have the minutes held
over from the last meeting in order to provide time to present corrections to the minutes.
Mayor Sonterre indicated that Council Member Marty had given him a change to the Minutes of
June 24, 2002 but not for the Minutes of May 20, 2002.
Council Member Stigney asked whether comments had been given to City Administrator Miller.
Assistant City Administrator Reed indicated that Staff had not received any corrections or
additions from Council Member Marty for either set of Minutes.
Council Member Stigney commented that Council Member Marty was adamant at the last
meeting that the Minutes be held over for corrections.
Mounds View City Council July 8, 2002
Regular Meeting Page 24
MOTION: Stigney. To Table Approval of the May 20, 2002 Minutes to Allow for Input from
Council Member Marty.
The Motion failed for lack of a second.
Ayes – 3 Nays – 1(Stigney) Motion carried.
B. Minutes for June 24, 2002
Council Member Stigney requested the following changes: On Page 5 indicate that the City
Administrator had said that the engineers licensure was part of the job description. On Page 19
indicate that Council Member Stigney had said that he wanted the City to discuss its goals first
and then proceed with contacting other cities.
Council Member Thomas requested the following changes: On Page 9 change raised to elevated.
On Page 16 indicate that if CDBG grants were discontinued at the federal level as is currently
being proposed in the federal budget. On Page 19 indicate that Ms. Reed was appointed to the
Board of Directors of the League of Minnesota Cities.
Mayor Sonterre indicated that Council Member Marty had requested On Page 20 that it indicate
he had said morning not night.
Mayor Sonterre requested the following change: On Page 19 add sentence at end of last
paragraph but in the absence of any City run park and recreation department he thought the park
dedication fund might be a possible location for the money.
Council Member Thomas requested the following change: On Page 20 add a sentence at the end
of the last paragraph to say: As that is the intent of this section of the agenda.
MOTION/SECOND: Thomas/Quick. To Approve the Minutes of June 24, 2002 as Amended.
Ayes – 3 Nays – 1(Quick) Motion carried.
11. CLOSED SESSION
A. To Discuss Labor Negotiations
MOTION/SECOND: Thomas/Stigney. To Recess to Closed Session to Discuss Labor
Negotiations.
Ayes – 4 Nays – 0 Motion carried.
Council recessed to closed session at 10:53 p.m.
Mounds View City Council July 8, 2002
Regular Meeting Page 25
Mayor Sonterre noted Council would adjourn from closed session.
B. To Discuss Threatened/Potential Litigation
12. Next Council Work Session: Monday, August 5, 2002
Next Council Meeting: Monday, July 22, 2002
13. ADJOURNMENT
Mayor Sonterre adjourned the meeting at _____ p.m.
Transcribed and recorded by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
July 22, 2002
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:04 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas.
3. APPROVAL OF AGENDA
A. Monday, July 22, 2002 City Council Agenda.
City Attorney Riggs indicated the Agenda contained one item of correction as Item 11B should
state pending litigation rather than threatened or potential litigation.
MOTION/SECOND: Quick/Marty. To Approve the July 22, 2002, City Council Agenda as
amended.
Ayes - 5 Nays – 0 Motion carried.
4. PUBLIC INPUT
William Werner of 2765 Sherwood Road indicated he had read in a recent New Brighton
Bulletin article that the City has been taking money out of other funds to the tune of $200,000 or
$300,000 per year to pay for the golf course and is planning to do so again with a loan dated
December 31, 2001. He then asked why the loan is backdated like that.
Finance Director Hansen indicated the information came from a report at the July work session
that indicated that money was needed as of December 31, 2001 to cover operations at the golf
course up through that date.
Mr. Werner commented that was for last year’s borrowings and asked if there would be another
loan this year.
Mayor Sonterre indicated the city would not know until later in the year the overall picture for
the current fiscal year until operations are completed for this year for the golf course.
Mounds View City Council July 22, 2002
Regular Meeting Page 2
Mr. Werner said he hoped the Staff would make these things clear in their quarterly reports so
that residents know what is going on.
John Hammerschmidt of 716 Highway 10, Blaine addressed Council and said that about two
weeks ago an administrative law judge ruled he was discharged from the golf course for reasons
other than misconduct. He then said the only reason he could be discharged per the policy
manual is if he had committed misconduct.
Mr. Hammerschmidt read excerpts from the Judge’s ruling and noted that the evidence was not
discovered until after his discharge and was clearly never contemplated by Council until after he
was fired making it abundantly clear that personal and political factors were involved.
Mr. Hammerschmidt read an excerpt from the Judge’s ruling concerning Mayor Sonterre’s
claims of excessive incentive pay in two of five years of over $250,000 and indicated they found
no misconduct in that area. He then said he would like to remind people of the hours of staff
time and tens of thousands of dollars spent on this matter. He further commented that he feels it
is fortunate that the administrations lies have shown and he asked what attorney in his right mind
would recommend this action when there was no evidence.
Mr. Hammerschmidt said he was asking Council to suspend and investigate Ms. Miller for
misconduct because not only has she spent money on attorney’s fees for these actions with no
evidence and she told Council that the actions were well founded. He also asked that Mayor
Sonterre and his business partner Dan Coughlin be investigated for not reporting the conflict of
selling things to teams and being part of City Commissions.
Mr. Hammerschmidt indicated that Mayor Sonterre had called a special meeting of his business
partners to look at taking over the golf course club house which should be investigated. He also
indicated that Mr. Coughlin had found time to make false accusations of harassment and claims
as to why he was fired such as the suggestion that he had made calls to an adult telephone line
while working.
Mr. Hammerschmidt indicated that Ms. Miller was quoted in Sunday’s paper for realizing that
the state is reducing local government aid money and she said something about reducing
spending but at same time she has no problem spending money on lawsuits at the golf course and
setting up the golf course to be run in a way that is costing the City more money.
Mr. Hammerschmidt said he did not want to spend the next two years in lawsuits and suggested
someone look into these charges and appoint someone to mediate the matter because it is not fair
to allow residents to spend large amounts of money on attorneys and settlement fees.
Mayor Sonterre commented that this is an issue with regard to the decision of the administrative
judge and something this Council needs to consider its options on.
David Jahnke of 8428 Eastwood Road asked how the court had ruled in the other unemployment
matter.
Mounds View City Council July 22, 2002
Regular Meeting Page 3
City Administrator Miller indicated that Mr. Kessel was originally awarded unemployment
benefits but that was appealed and won by the City. Mr. Kessel then appealed that decision and
the City won that appeal. She then said that this decision by Judge Dixon is about the
unemployment benefits and says nothing about the merits of the termination.
Mr. Jahnke said he has never been a big fan of the golf course because he was afraid that it would
cost taxpayers money and it has. He then said that it bothers him that someone can stand up and
say that they were fired and were doing a good job of managing the golf course when the golf
course, over the course of the last 7 years, has lost from $39,000 to $200,000 every year.
Mr. Jahnke then said he liked the former administrator as a person but nobody was watching
what was going on and that is what led to the current legal fees to get out of the situations
created. He further commented that the bare facts are that the City has to pay all these attorney’s
fees right now to get out of the hole that was created because the business of the City was not
being attended to properly.
Mr. Jahnke commented that every Mayor has said that the golf course would not cost citizens any
money but that was before finding out what was going on out at the golf course.
Naja Werner of 2765 Sherwood Road commented that there is a statement in the article that the
golf course fund took an interfund loan of $250,000 from the water fund and $306,000 from the
vehicle and equipment fund. She then commented she assumes that when the City needs funds
for the water fund and vehicle and equipment fund the City will go to the taxpayer and ask for
them. She further suggested that the City call the golf course Linke’s folly, abandon it and pay
the bond because it looks like the City will be forever funneling money into the course especially
in light of the current economy because people may not have money to spend on amenities like
golf.
Julian Sprunck of 2649 Louisa Avenue addressed Council to give a brief update relative to what
has been happening in regards to the Harstad development on H2 and Long Lake Road. He then
explained that since the last Council meeting two weeks ago he had the opportunity, at the
Mayor’s request, to survey a number of residents relative to their positions on the matter. The
question was asked of the residents to brainstorm all available land use ideas for the Harstad
property.
Mr. Sprunck indicated that he represents 33 people who responded to the surveys and were
unanimous in their objection to an R-3 zoning and to any townhouses. He then indicated that the
three suggestions of the residents were keep the land zoned as R-1 and build single-family homes
with attached garages, a combination of twinhomes on H2 and single-family homes on
Greenwood, or twinhomes throughout zoned R-2 not R-3. Mr. Sprunck then indicated that there
had been one other suggestion and that was to ask Mr. Harstad to sell the lots and let other people
build single-family homes on them.
Mounds View City Council July 22, 2002
Regular Meeting Page 4
Mr. Sprunck indicated that residents had informed him that they are very tired of this issue as it
has come up in 1974, 1977, 1981, 1983, 1991, and 1998 when, in each of those years, Mr.
Harstad has come forward with his identical plan to build townhomes.
Mr. Sprunck said his personal concern is the more often Mr. Harstad comes forward with the
same plans the more solidified the residents will become in opposition to townhomes. Mr.
Sprunck thanked the Mayor for providing the opportunity to work with the other residents on this
issue. He then indicated that the residents involved were from Louisa, Clearview, Sunnyside and
Ridge Lane. He further indicated that Ridge Lane was included because the drainage outlet for
the entire area is between the last two homes immediately west of Long Lake Road on Ridge
Lane.
Mr. Sprunck commented that nobody needs more water in their yard and all the residents had
indicated that they know that Mr. Harstad owns the land and he should have an opportunity to
build on it but those residents would like to have say in how the development takes place.
Mr. Sprunck said he would like to ask a rhetorical question because residents have indicated their
willingness to compromise away from single-family homes and the question is why hasn’t Mr.
Harstad indicated the same willingness to back off of his request for R-3 zoning and townhomes.
He then indicated he had provided this update at this meeting because he is unable to attend the
next meeting where the item will be discussed.
Mayor Sonterre thanked Mr. Sprunck for the level of work he had done that led up to the meeting
last week.
5. JUST AND CORRECT CLAIMS
Council Member Marty asked what the check to the Wisconsin Department of Revenue was for.
Finance Director Hansen indicated that the City has one employee who is a resident of the state
of Wisconsin and the check was to pay for Wisconsin state withholding.
Council Member Marty questioned why the check to Complete Cooling Services for radiator
repair was so high as he did not think a new radiator would cost that much.
Finance Director Hansen indicated he had looked at the invoice and it says the provision of and
installation on a Ford l8000 truck and that means a new radiator was purchased and installed.
Council Member Marty asked what Check Number 108810 was for.
Finance Director Hansen indicated that dewatering services were required to make a repair to the
sewer line.
Council Member Marty asked if Check Number 108813 to Ebert Construction was to move the
air conditioner to the roof of the Hillview warming house.
Mounds View City Council July 22, 2002
Regular Meeting Page 5
Finance Director Lee indicated that moving the air conditioner would be a separate bill.
Council Member Marty indicated that Check Number108815 was for fairway markers and then
commented that it seemed late in the season to be getting fairway markers.
Golf Course Manager Longville indicated Staff had gotten a late start this year due to weather
and the strike and then explained that the fairway markers had been in place since the first part of
June but the invoice was recently received.
Council Member Marty indicated that Check Number108821 was for a golf refund and asked
why a refund was issued.
Golf Course Manager Longville explained a refund was issued to an individual who had broken
her arm and could not continue with league play.
Council Member Marty asked what Check Number108816 was needed for.
Golf Course Manager Longville indicated that a banner sign was purchased to advertise a special
the course was running in April or May. He then said that the sign could be used for other events
as well.
Council Member Marty asked what Check Number 108826 to Independent School District was
for.
Finance Director Hansen indicated the fee is a supervision fee to have a custodian on site when
the gyms are being used for basketball or volleyball leagues.
Council Member asked what Check Number108827 to J and W Instruments was for.
Finance Director Hansen indicated he did not remember the details for that item and said he
would have to look it up and report back.
Council Member Marty asked what Check Number108866 was for.
Golf Course Manager Longville indicated that Staff had to re-sod the ninth green and had some
trouble with some of the sod that was purchased the first time.
Council Member Marty asked if this amount was in addition to what was authorized and then
asked how the ninth green was doing.
Golf Course Manager Longville indicated he had tried to seed the trouble areas but the weather
has not been conducive to germinating bent grass seed so the only option was to patch with sod.
He then said the green is doing better now and Staff is still keeping a close eye on it.
Mounds View City Council July 22, 2002
Regular Meeting Page 6
Council Member Marty noted there was a disputed charge on the Visa statement and asked for
clarification.
Finance Director Hansen indicated a reservation was made for a hotel room and then cancelled
but due to the timing of the cancellation it did not show up on this statement and will be on the
next one.
Council Member Stigney asked why the City’s full time mechanic had not installed the new
radiator.
Public Works Director Lee indicated he was not sure but suspected that the truck was brought in
for service and taken apart to determine the issue and it was easier to have the new radiator put in
at that time rather than have the truck towed back to the City garage for the installation.
Council Member Stigney asked whether this would be the last bill from Orkin Exterminating.
Public Works Director Lee indicated there would be one more payment in August as the contract
is terminating as of September 1, 2002.
Council Member Stigney asked what the check for City of St. Paul radio equipment repairs was
for.
Finance Director Hansen indicated that was police department item and he is not sure. He then
indicated he would look into it and report back.
Council Member Stigney asked what the Wells Fargo Financial leasing payment was for.
Finance Director Hansen indicated it was for the lease payment for the lease of a copy machine
out at the garage.
Mayor Sonterre asked Finance Director Hansen to look into how that lease is billed.
MOTION/SECOND: Marty/Thomas. To Approve the Just and Correct Claims as Presented.
Ayes – 5 Nays – 0 Motion carried.
6. CONSENT AGENDA
A. Contractors Licenses for Approval
B. Set a Public Hearing for August 12, 2002 at 7:10 p.m. to Consider Ordinance 700,
an Ordinance Proposing an Amendment to the Mounds View City Charter by
Amending Section 3.07 of the Charter of the City of Mounds View as to Signing
and Publication of Ordinances
C. Police Civil Service Commission Position Description
Mounds View City Council July 22, 2002
Regular Meeting Page 7
MOTION/SECOND: Quick/Stigney. To Approve the Consent Agenda as Presented.
Council Member Stigney asked Ms. Reed to explain the change made to the Police Civil Service
Commission position description.
Assistant City Administrator Reed indicated she had taken the information from state statute and
included that Council makes the final appointment as was discussed by Council.
Ayes – 5 Nays – 0 Motion carried.
7. COUNCIL BUSINESS
A. Public Hearing to Consider Removal of Jakes’ Parcel from Theater Planned
Unit Development Agreement.
Mayor Sonterre opened the public hearing at 7:45 p.m.
Community Development Director Ericson explained that the request before Council is to
remove the parcel from the theater Planned Unit Development Agreement. He then indicated
that Jakes had entered into a Purchase Agreement with the property owners to allow Jakes to
expand parking onto the parcel. He further indicated the City would be entering into a new
development agreement with Jakes to control the landscaping and other issues surrounding the
development of the parcel.
Director Ericson indicated that the theater was approved in 1998 with two retail restaurant pads
and two office pads. The parcel in question is in between the Mounds View School District
building and Jakes.
Director Ericson indicated that Jakes has been in business for almost year and business is great
but they are under parked and customers frequently overflow into the theater parking lot on
weekends. He also explained that, with the H2 reconstruction, Jakes is looking at losing 13 stalls
and needs to expand parking to remain a viable business.
Director Ericson indicated the issues involved with removing the parcel from the PUD are
straightforward and the City has done this before for Realife and the Minnesota Institute of
Public Health. He then explained the process is to hold a public hearing for resident comment.
Director Ericson indicated that, if the parcel is pulled from the PUD, the Jacobs are concerned
with the setback to H2 and what can be put in for a parking lot. He then indicated that currently,
under the conditions of the PUD, there is a 50-foot setback. But, if this lot were pulled from the
PUD, that would fall back to a 30-foot setback.
Mounds View City Council July 22, 2002
Regular Meeting Page 8
Director Ericson indicated this matter was before the Planning Commission and the Commission
unanimously recommended that the parcel be pulled from the PUD and attached to the Jakes
parcel to allow for the creation of a new development agreement.
Director Ericson indicated he had put together a resolution that would accomplish removing the
parcel from the PUD and it is Resolution 5803. He then read the stipulations of approval for
Council.
Council Member Stigney asked for clarification of the site plan.
Director Ericson indicated the proposed site plan that was submitted for the Jakes’ parking
expansion shows a 30-foot setback.
Council Member Stigney commented he had seen three layouts and asked which is the final plan.
Director Ericson indicated the one before Council this evening is the final plan and the others
were concept plans.
Council Member Stigney commented that the 50-foot buffer was to screen residents from the
theatre and then asked if 20 feet of trees would be cut down.
Director Ericson said that is correct.
Council Member Stigney indicated he had no problem with pulling the parcel out of the PUD but
said Jakes would need to maintain the buffer.
Council Member Marty asked how many trees would be lost.
Director Ericson indicated he had been out at the site with the City Forester and he estimates that
there may be approximately 10 significant trees that would come down along with some more
scrub trees and less significant trees. He also commented that the City Forester recommends
removing some of the trees for the health of the other trees.
Council Member Marty asked if there would be a fence along there.
Director Ericson indicated the proposal would have a fence to maintain screening.
Council Member Marty asked if the parking could be laid out east to west rather than north to
south to maintain the buffer.
Director Ericson indicated that was a great idea but the property would need to be replatted and
the property owner is not in favor of redrawing the lot lines as that would involve park dedication
fees.
Mounds View City Council July 22, 2002
Regular Meeting Page 9
Council Member Thomas asked if this is just the approval of removing the parcel from the PUD
and putting the parcels together or if approval would automatically allow the setback to revert to
30 feet.
Director Ericson indicated that approval of removing the parcel from the PUD would
automatically revert the setback to 30 feet. He then indicated the Jacobs had submitted a request
for a variance but the last site plan shows a 30-foot setback so a variance would not be needed.
Council Member Stigney asked if the existing fence would be moved over.
Director Ericson indicated that it has not been determined what type of screening would be used
but the plan will involve screening. He then said that whether that means a four foot or an eight
fence would need to be determined. He also indicated that Staff would be recommending
fencing in addition to the natural buffer to screen residents from headlights.
Council Member Marty indicated he could see that additional parking is necessary but said he
would like to have a report from the City Forester as to what type of trees are in there and what
would be lost.
Director Ericson indicated he did have the Forester out there for that purpose and, since he is the
City Forester, he likes the trees and said the trees were good and it would be a shame to lose
them. He then indicated that the Forester had made the suggestion to use an area where 20 to 30
feet could be used and would have little impact.
Mayor Sonterre closed the public hearing at 8:01 p.m.
Council Member Thomas asked the Jacobs for their feelings on the issue.
Mayor Sonterre reopened the public hearing at 8:02 p.m.
Mr. Jacobs indicated he and his brother appreciate the opportunity to express their opinion. He
then said that they too like the trees but need to expand their parking onto the site in order for the
business to remain viable. He further explained that they have gone over the plan numerous
times looking at ways to accommodate the parking expansion with as little impact to the trees as
possible.
Mr. Jacobs indicated it is their feeling that the mature trees lie closer to the road so removing 20
feet of the tree line will not cause a loss of integrity to the tree cover. He also indicated they are
willing to install a fence to screen headlights.
Mr. Jacobs indicated the lot would be professionally landscaped including a wrought iron fence
to separate their lot from the theater lot. He also indicated that they have put a lot of money into
fixing up the building and grounds and they feel that this parking expansion will allow them to
continue to improve the look of the area.
Mounds View City Council July 22, 2002
Regular Meeting Page 10
Council Member Thomas asked if the Jacobs were willing to provide trees to fill in holes in the
buffer left by the removal of the trees.
Mr. Jacobs said they are willing to do whatever it takes as they need the parking. He then said
they are willing to replant trees if necessary.
Council Member Thomas asked if the agreement regarding trees could be worked out with
Ramsey County when the parcels are joined.
Director Ericson indicated that the agreement would need to be worked out prior to going to the
County. He then pointed out that the Jacobs had agreed to allow expansion of the trailway onto
their property by providing the City with an easement which he feels shows a willingness to
cooperate with the City.
Council Member Marty asked if there would be a fence on the south side as well.
Mr. Jacobs indicated the fence would be shifted to buffer headlights from the neighbors and the
north fence would be wrought iron to separate the lots.
Council Member Marty asked what kind of lighting would be used.
Mr. Jacobs indicated they would be complying with the City’s Code requirements for lighting
and indicated that the lighting would be shining down.
Council Member Marty commented that he understands the situation and applauds the Jacobs’
willingness to work with the City to put in more trees to plug holes if necessary. He then said
that from what he has seen with the way the Jacobs have taken care of the property he believes
they will follow through with what they say they will do.
Mayor Sonterre asked for clarification as to whether this is an expansion of parking to
accommodate current parking concerns or if the Jacobs intend to expand the building.
Mr. Jacobs indicated they are currently losing business because people drive by and see the lot is
full and the second part of the issue is that they would like to have an outdoor patio. He then said
that they will not need additional parking for the outside patio because business shifts from
inside to outside when there is a patio. He also explained that it is the intent to redo the lower
level banquet facility and that may require additional parking.
Mayor Sonterre commented that he and his family had planned to go to Jakes for his 34th
birthday celebration and when they arrived there was not parking for two cars so they went to the
Mermaid and there was a 20-minute wait so they went back to Jakes, found two spots and were
seated immediately.
Mayor Sonterre closed the public hearing at 8:12 p.m.
Mounds View City Council July 22, 2002
Regular Meeting Page 11
Council Member Quick asked how the landscaping requirement could be added to the Resolution
to ensure that it is done.
Director Ericson indicated Staff could expand on stipulation number four that requires a
development review because an approved landscaping plan is part of the development review
process.
Council Member Quick indicated he would like to add it to the Resolution to make sure.
Council Member Marty suggested language be added to require the recommendation of the City
Forester be followed.
Director Ericson read stipulation number four and added language requiring that the Jacobs shall
submit the application fee for development review for the parking lot expansion including a
detailed landscaping plan with input from the City Forester as required by City Code.
Council Member Thomas suggested moving the landscaping plan requirement to the end because
it is not required by the City’s Code.
MOTION/SECOND: Thomas/Marty. To Approve Resolution 5803, a Resolution Approving the
Removal of the Jakes’ Parcel From the Theater PUD.
Council Member Stigney commented that a wooden fence along H2 and then taking a 20-foot jog
to accommodate this property would not be aesthetically pleasing. He then suggested going
north with the parking rather than south.
Council Member Marty commented that due to the way the property is platted it is not possible to
move the parking north.
Council Member Stigney indicated he did not know if the Jacobs had looked into moving the
parking north.
Mr. Jacobs indicated they had already tried that option and the suggestion was unsuccessfully
received by the owner of the property as the only lot he would give up is the parcel they are
purchasing.
Director Ericson indicated that the property owner that they are dealing with is not the same
property owner that has control over the theater property. He further explained that there are two
entities and that complicates a potential replatting.
Ayes – 4 Nays – 1(Stigney) Motion carried.
B. Finance Department Quarterly Report.
Finance Director Hansen reviewed the financial report for the second quarter.
Mounds View City Council July 22, 2002
Regular Meeting Page 12
Finance Director Hansen indicated the general fund franchise taxes are down slightly from last
year and that represents taxes collected by the utility for January through May of last year. He
then explained the difference can be explained due to the fact that there was an energy crunch last
year and the prices were quite a bit higher. He further commented that last year was the
exception and this years’ collection is closer to normal.
Finance Director Hansen called attention to Pages 3 and 13 for total revenues and total
expenditures for the general fund. He then said it is somewhat dangerous to make projections
based on the first six months but it appears that the figures are running a pattern fairly similar to
last year in terms of revenues and expenditures. He further stated that last year there was a
surplus in the general fund before a transfer was made to the special projects fund and, given the
uncertainty concerning next years budget he feels it is a good benefit to have a surplus to allow
for flexibility next year.
Finance Director Hansen then called attention to Page 21, a summary of the Community Center
operations and indicated some scrutiny would be required for the 2003 budget because it is
struggling again this year. He then noted there had been some talk of moving the management
fee to the general fund but even beyond that there is a struggle to make it self-sustaining.
Finance Director Hansen indicated the other thing that is a little different this month was on
Pages 40 and 41, a slightly different presentation of revenues for the golf course. He then
indicated that the costs for the club house were split out this time as in the past they were buried
in a supply account. He further commented that without figures for the prior year it is difficult to
compare.
Finance Director Hansen explained that the cost of sales figure is higher than the sales
themselves so he had looked into it and that is because there is a full year’s worth of purchases
on the books and not a full years worth of revenue at this time.
Council Member Stigney asked if Staff was doing anything to correct the deficit at the
Community Center.
City Administrator Miller indicated that, in the past, the City had not isolated all the costs for the
Community Center and an effort was made in the last year to do so in order to provide a better
understanding of the costs at the Community Center.
Mayor Sonterre asked if anybody went back and took the same approach to previous financial
figures to see if this is a new problem or whether it has been happening in the past.
Finance Director Hansen indicated he had not attempted to do that as it would be very time
consuming and his department is behind schedule on budgets and other projects.
Council Member Stigney asked if there would be some attempts to make corrections prior to the
next report.
Mounds View City Council July 22, 2002
Regular Meeting Page 13
Finance Director Hansen indicated that, with other things he has pressing on him such as the
budget and the audit, he does not have time to do it.
City Administrator Miller indicated that the majority of losses are occurring at the YMCA and
recreation. She then said that Staff could review that portion if Council wishes to see what, if
any, changes could be made.
Mayor Sonterre said it was difficult to ask what Staff is doing so there is not a deficit in the
future because the question is can the Community Center be run more efficiently but due to lack
of control over that entity and a significant problem with communication it is a difficult situation
for Staff.
Council Member Stigney commented that, if Staff has identified that there is an issue with the
YMCA, he thinks the City should look at the contract to see if the YMCA is performing per
contract and identify any areas where they are not.
MOTION/SECOND: Stigney/Sonterre. To Instruct Staff to Review the Existing Contract to see
if the YMCA is Performing Per Contract.
Council Member Marty asked when the next quarterly report would be and asked whether the
City receives a quarterly report from the YMCA.
Council Member Thomas pointed out that the YMCA is not a department within the City.
City Administrator Miller indicated she could ask the YMCA to provide a quarterly report to
Council.
Council Member Thomas indicated she recalled having discussions with the YMCA during
budget construction last year and the only answer received was that the City should expect that,
because the YMCA is providing a City service, the City should expect to be investing in it. She
then said that she does not think the YMCA would be surprised to see these numbers.
Council Member Stigney indicated he remembers when the YMCA came in and made their
presentation they had talked about how this would cost the City nothing for the YMCA to run
this for the City. He then said that it may be possible that the contract created does not allow for
closer control by the City but said he would like Staff to review it.
Council Member Quick commented he had made the same argument two months ago and it was
not well received.
Ayes – 5 Nays – 0 Motion carried.
Council Member Marty asked why the City is spending more at the banquet center than it is
bringing in. He also commented that the figures to not correspond to last years figures.
Mounds View City Council July 22, 2002
Regular Meeting Page 14
Finance Director Hansen indicated that the accounting had been changed for this year so last
years numbers are not comparable. He then explained that the City had determined to begin
allocating costs associated with the building to each of the four tenants. He further explained
that the banquet center is turning a profit on each event but not when you figure in the overhead
costs.
Finance Director Hansen commented that the number for the banquet center concerns him as
much as the number for the YMCA because he would have expected the banquet center to be at
least breaking even.
Council Member Marty asked whether both the YMCA and banquet center were being charged
for utilities and devaluation of the building.
City Administrator Miller indicated the same was true of all entities that exist in the building.
She then said that the intent was to do this so that Staff could review the contracts and see if they
made sense.
Council Member Thomas asked for an update on Creative Kids.
City Administrator Miller indicated she had heard nothing more on that.
Council thanked Finance Director Hansen for his report.
Finance Director Hansen reviewed the activities of the Finance Department and indicated that
there have been discussions with Springsted for refinancing the water revenue bond which should
save the City $100,000 in interest over the remaining life of the bond.
Finance Director Hansen indicated that the City’s insurance contracts were up for renewal on
July 1, 2002 and the proper applications were submitted to the League of Minnesota Cities but
underwriting is backlogged and he expects to hear from them soon.
Finance Director Hansen indicated his department is working on two other major projects and
that is the completion of the annual audit and report for 2001 and the budget for 2003. He then
indicated that the department is approximately two months behind on both of these projects and
there are a number of issues contributing to the delay including a backlog of work when he
started, getting the new accounting system up and running, and the strike.
Finance Director Hansen indicated he had intended to present the audit report at the August 5,
2002 work session but due to the work needing to be finished yet that will not be possible. He
then asked if Council would be willing to meet on August 19, 2002 to discuss the audit and
budgeting issues.
Mayor Sonterre indicated there is a retreat scheduled for Monday and suggested schedules be
discussed at that time.
Mounds View City Council July 22, 2002
Regular Meeting Page 15
City Administrator Miller indicated that the August 19, 2002 date would allow enough time for
the auditors to complete the report.
Council Member Marty asked whether, at the retreat next Monday, there would be brainstorming
to see where the City could cut because there may be further cuts to local government aid next
year.
Mayor Sonterre suggested that the agenda for the retreat be discussed during the report section of
the meeting.
Council Member Marty asked how long it would be before the golf course bonds could be
refinanced.
Council Member Thomas indicated they could not be refinanced before 2004.
Council Member Marty reminded Finance Director Hansen that he had asked for the figures on
the lawsuit and attorney’s fees and asked when he would be receiving those numbers.
Finance Director Hansen indicated he had made a list of questions from the July work session but
has not addressed any of the questions as he has not had the time to do so.
Council Member Marty said he understood the time constraints and thanked him for his report.
Mayor Sonterre complimented Finance Director Hansen on providing quality reports to Council.
Council Member Quick asked for a five-minute break.
Mayor Sonterre asked if there was anyone that would like to ask questions of the Finance
Department.
C. Presentation by the Ramsey County Library Board.
Assistant City Administrator Reed indicated Alice Jo Carlson from the Ramsey County Library
would like to address Council concerning the libraries initiatives for 2003.
Ms. Carlson indicated Mr. Anderson had been in attendance but needed to leave due to a family
emergency. She then said the reason she was at the meeting is the Library was instructed to take
a 7% decrease to its budget due to state budget shortfalls and when they went back and did the
calculations they discovered that would mean closing three buildings as that would be more
efficient than having reduced hours at all the facilities. She further indicated that the library must
receive a 4.2% increase in order to maintain its current level of service resulting largely from
staff costs for the AFSCME union employees.
Mounds View City Council July 22, 2002
Regular Meeting Page 16
Ms. Carlson indicated that the library’s funding comes through Ramsey County and they have
been traveling to each of the City Councils in the area to talk about budget problems and to let
Councils know how popular the libraries are. She then indicated that 3,000,000 items were
checked out from the library in the year 2000 and Roseville is the busiest library in the state.
Ms. Carlson indicated she was at the meeting to seek support for the budget increase so that the
library can maintain its current level of service. She then said that the library is asking for moral
support to take to its upcoming budget meeting. She also commented that she has been to 16 of
the 18 cities.
Council Member Marty indicated that there has been an ongoing rumor that the Mounds View
Library was to be closed. He then asked what the likelihood of that would be. He also
commented he would like to be a part of a resolution extending moral support because he feels
that a library in the community is a positive aspect. He further stated that he applauded them for
keeping the library going.
Mayor Sonterre indicated he had heard that there would be discussions to create a super library in
New Brighton and that would cause Mounds View and Arden Hills to close for the larger
structure. He then asked Ms. Carlson to comment on that.
Ms. Carlson indicated the super library is a concept but said that the concept has not been
discussed by the Library Board. She further explained that it was a concept that was brought up
by the New Brighton Council and will be discussed but she is not sure how the concept will
proceed.
Council Member Thomas commented that the library is funded through the County and that by
asking for moral support the library is really asking for financial support through approval of
increasing a levy through the County.
Ms. Carlson agreed with the comments of Council Member Thomas.
Council Member Stigney asked whether the coffee shop in the Roseville Library contributes to
its busiest library status.
Ms. Carlson indicated that circulation went up 8% since the coffee shop was added but she also
noted that the library has outreach programs for kids and adults as well.
Mayor Sonterre commented that the reason there is so much programming in Roseville is there is
space to do so where there is not in Arden Hills and Mounds View and that is why he would be
guiltily supportive of a larger facility in New Brighton.
Council Member Stigney commented that he does not go to the Mounds View Library because
the information is geared toward kids.
Mounds View City Council July 22, 2002
Regular Meeting Page 17
Mayor Sonterre asked whether there was consent of Council to place a resolution of support on
the consent agenda for the August 12, 2002 meeting.
Council Member Thomas said she would not mind further discussion but said she has not
decided yet whether to support the request.
Council Member Stigney noted this was the library’s 16th presentation and asked how the support
from other cities has been.
Ms. Carlson indicated that most of the time the resolution passed unanimously but in a couple of
instances Council has requested further information before passing it. She then said the library
has good support for the budget hearing in August.
Council Member Stigney asked Ms. Carlson if she could assure them that the Mounds View
Library would not be closed.
Ms. Carlson said she wished she could do so but cannot.
It was the consent of Council to add a resolution of support to the consent agenda for August 12,
2002.
Council recessed at 8:53 p.m.
Council reconvened at 9:03 p.m.
D. Administration Quarterly Report.
Assistant City Administrator Reed indicated that the Police Chief position is still open and noted
that the police administrative assistant had resigned to work for the City of Brooklyn Park.
Assistant City Administrator Reed commented that with respect to AFSCME the grievance
process has moved to Step 2 for Ron Houston and AFSCME has stated that he is underpaid as
they had an expectation that he would start at the maximum salary for his range.
Assistant City Administrator Reed indicated the Golf Course Manager is currently reviewing a
draft description for the grounds and equipment manager and once he makes changes she will
bring it forward with the labor relation recommendation for salary.
Assistant City Administrator Reed indicated the part time cable position was advertised and the
City has approximately 6 responses. She then noted that Brandon has been filling in with the
cable operations and will be leaving for college and Staff will be seeking authorization to fill the
positions on an interim basis until the permanent person has been hired.
Mounds View City Council July 22, 2002
Regular Meeting Page 18
Assistant City Administrator Reed indicated the open positions on the Economic Development,
Planning Commission and Civil Service Commission are being advertised on an ongoing basis.
She then indicated that she has received applications for the Civil Service Commission.
Assistant City Administrator Reed indicated the City has received an update of the municipal
code from Kennedy and Graven and that will be given to Council on disk in the near future.
Assistant City Administrator Reed indicated the City has been using Taxsaver for the City’s
flexible spending account but there have been a number of issues with Taxsaver and a committee
has been established to discuss flex companies and bring further information to Council.
Assistant City Administrator Reed indicated the City signed on for a 20-month health insurance
policy and Staff has expressed interest in doing the same for dental benefits. She then indicated
she would be meeting with Staff to discuss the details and coming to Council with a
recommendation.
Assistant City Administrator Reed indicated that two Council Members are up for re-election,
Council Member Thomas and Council Member Marty, as well as Mayor Sonterre. She then
noted that filing dates are August 27, 2002 through September 10, 2002 and the filing fee is
$20.00.
Assistant City Administrator Reed indicated she had submitted a grant application a few weeks
ago to the state to cover the cost of new voting equipment and received a response on Friday that
the City was awarded the full amount of $7,650 for the equipment.
Assistant City Administrator Reed indicated the City’s polling location is the Mounds View
Community Center. She then noted that the City has four precincts but one polling location. She
also noted that new precinct maps were published in the most recent issue of Mounds View
Matters.
Assistant City Administrator Reed indicated Staff thought it would be a good idea to increase the
management piece of the election judges by adding one co-chair for each precinct. She then
indicated the City would have 40 election judges and see how things go this year.
Assistant City Administrator Reed indicated she had included in her Staff report just the index
for the investigative report on the City of Brooklyn Park and said she wanted to mention that
Mounds View has addressed almost all of the issues that occurred in that report. She then
commented that Staff did not want to give up a lot of those things but she thinks now they all see
the importance of the work done on the front end. She further indicated that a full copy of the
report is available if anyone wished to review it at City Hall or it can be located on the state
auditor’s website.
Assistant City Administrator Reed told Council that the City Administrator has instigated
discussions to address the looming issues at City Hall such as communication.
Mounds View City Council July 22, 2002
Regular Meeting Page 19
Assistant City Administrator Reed indicated that each department continues working on
procedures manuals. She then indicated that she would be working with Shannon Roepke to
streamline Mounds View Matters and will be coming to Council with a recommendation at the
August work session.
Council Member Stigney asked when a recommendation to fill the position on the Civil Service
Commission would be coming forward.
Assistant City Administrator Reed indicated that according to policy the Mayor would be
bringing forth a recommendation to fill the vacancy.
Mayor Sonterre indicated he has seen three of the four applications and needed to get the other
from Ms. Reed. He then said he would bring a recommendation to Council shortly.
Council Member Quick asked whether, depending on the outcome of the contact with New
Brighton, if it would be necessary to fill that position.
Mayor Sonterre indicated he was going to ask the City Administrator that question during the
reports section of the meeting.
Council Member Marty asked when the police administrative assistant had submitted her
resignation.
Assistant City Administrator Reed indicated that last Friday was her last day. She then said that
it was her understanding that the Deputy Chief and City Administrator were attempting to meet
to discuss an interim plan before coming to Council for approval.
Council Member Marty commented that he feels that the position should have been advertised
when the resignation was turned in.
Assistant City Administrator Reed indicated the policy is to come to Council to ask for
authorization to hire.
Council Member Marty indicated the resignation was given prior to the last Council meeting.
Assistant City Administrator Reed indicated the resignation was given on Thursday or Friday
before the last Council meeting and there was not time to get a real plan together to present to
Council.
Council Member Quick commented that the individual was on strike for a period of time and the
police department functioned just fine and he thinks the police department will function fine in
the interim.
Council Member Marty asked for clarification on the grievance process and an explanation of
Step 2.
Mounds View City Council July 22, 2002
Regular Meeting Page 20
Assistant City Administrator Reed indicated that Step 1 is to provide a notice of grievance to the
supervisor and Step 2 is to provide a notice of grievance to the City Administrator. She then
indicated the City Administrator received that grievance and has made contact by telephone to
discuss the matter.
Council Member Marty commented that the Golf Course Manager’s job description called for
maintenance and said he was curious why a position description was being created for a grounds
and equipment manager.
Council Member Marty asked who Brandon was as this was the first he had ever heard of him.
Assistant City Administrator Reed commented that after Jay Ericson resigned either during the
strike or shortly after it and the City needed someone to cover Council meetings and Brandon
came on Staff right after Sue Houston.
Council Member Quick said, “we met him.”
Finance Director Hansen indicated Jay had resigned toward the end of the strike and the City
needs to have two people to cover meetings to handle times when one or the other is not
available. He then said that Dave is still with the City and Brandon was picked up from CTV.
Council Member Marty said he thinks the City needs to get someone appointed to the Police
Civil Service Commission because the City will be looking for an administrative assistant and a
Chief.
Council Member Marty asked when the election packets would be ready because other cities
have had them for some time.
Assistant City Administrator Reed indicated there is no local primary but the City runs a state
primary so there is a late filing date. She then said that she has not yet received the election
packets from the County and suggested it may be possible to contact the County directly to obtain
them.
Mayor Sonterre commented that other cities that do not have primaries have the same filing
period that this City does.
Council Member Marty asked why there was not anything listed in Mounds View Matters about
neighborhood night out.
Assistant City Administrator Reed indicated the City realized the omission after it went out and
said that Staff is exploring other avenues of obtaining information to be placed in Mounds View
Matters to eliminate this issue in the future.
Council Member Marty asked who puts out the Mounds View Matters.
Mounds View City Council July 22, 2002
Regular Meeting Page 21
Assistant City Administrator Reed indicated the Administrative Assistant puts it together and
gets it to the printer.
Mayor Sonterre asked Ms. Reed, in terms of public information, what could be explained with
regard to the BMS process and why the City is still expending legal fees on the matter.
Julie Flemming explained that she had, today, filed a motion to compel arbitration of the BMS
matters in the Hammerschmidt and Kessel matters because she has been trying since December
of 2001 to get them to move forward with arbitration and has been unsuccessful. She then
indicated that neither party would agree to an arbitrator, they would not select one and would not
give a name or a list of names. She further explained that she has looked into many different
avenues to bring the matter to hearing and conclusion and decided this was the only way to do
that.
Ms. Flemming said that the reason this is going on so long is because Mr. Kessel and Mr.
Hammerschmidt would not agree to move forward.
Mayor Sonterre asked who initiated the BMS process.
Ms. Flemming indicated they did in September of last year.
Mayor Sonterre asked what the BMS process is.
Ms. Flemming explained that BMS stands for the Bureau of Mediation Service. She then
explained that under the Public Employer Labor Relations Act, although she disagrees, a public
employee who has a contract of employment can seek review of that contract before BMS. She
further commented that the individuals had the opportunity to do so before Council but did not
show up and, instead, filed a petition for review at the Bureau of Mediation Services.
Ms. Flemming indicated the City originally opposed that because it believed that BMS did not
have jurisdiction over non-union employees but, upon determining that appeals had been rejected
and the City was not going to win the argument, the City accepted arbitration before BMS and
has attempted to move the process along. She then indicated she has not heard from either Mr.
Kessel or Mr. Hammerschmidt for 90 days so she made the motion to compel arbitration to
compel them to proceed in front of an arbitrator to have the wrongful termination claims heard
and terminated on the merits.
E. Resolution Approving a Contract with Springsted Inc. for Continuing
Disclosure.
Finance Director Hansen indicated that there has been a requirement since 1995 to provide
certain financial information to a national repository so that investors and bonds could easily and
efficiently gain information for issuers of bonds. He then indicated that Springsted issued that
for the City in 1996 and Mr. Kessel issued that from 1997 through 1999 but no reports were
Mounds View City Council July 22, 2002
Regular Meeting Page 22
issued in 2000 or 2001. He then commented that in addition to the fact that the City is out of
compliance with this law there is also the matter that the City will need to come back into
compliance in order to sell any new bonds to refinance some water revenue bonds and save
$100,000 over the life of those bonds.
Council Member Marty asked if there is a penalty or repercussions for not being in compliance
with the law.
Finance Director Hansen indicated that no one has described to him what the penalties are for not
complying with this continuing disclosure law.
MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 5809, a
Resolution Approving a Contract with Springsted Inc for Continuing Disclosure.
Council Member Stigney commented that the previous finance director submitted reports for the
City and asked if there was a reason Mr. Hansen needed assistance with the project.
Finance Director Hansen indicated this would be practical to farm out to a consultant because he
is behind on the budget and audit report. He then said he intends to determine whether it will be
feasible for him to do the reports in the future.
Ayes – 5 Nays – 0 Motion carried.
F. Resolution 5804 Awarding the Construction Contract for the County Road
H2 Street Project.
Public Works Director Lee indicated he was pleased to report that on July 18, 2002 the City
received 7 bids for the H2 street improvement project and Palda and sons was the lowest bid at
$1,177,252.44 and that is $185,000 below the engineers estimate. He then indicated that
Resolution 5804 was before Council that would award the contract for the project but it is
contingent upon receiving approval and permits from the watershed district. He further
explained that he believes all the issues were addressed at the board meeting last week and the
contractor anticipates starting the week of August 12, 2002 and substantially completing the
project during the 2002 construction season with the second layer of bituminous, final
restoration, and the trailway being constructed in 2003.
MOTION/SECOND: Stigney/Sonterre. To Waive the Reading and Approve Resolution 5804, a
Resolution Awarding the Construction Contract for the County Road H2 Street Project.
Council Member Thomas asked if it was determined that the City would be able to have curb and
gutter on this street.
Public Works Director Lee indicated that Rice Creek had determined there would need to be
water infiltration basins but will allow curb and gutter.
Mounds View City Council July 22, 2002
Regular Meeting Page 23
Council Member Marty commented that he had not heard about water infiltration basins and
asked if this would be coming to Council as well as discussion concerning the detention
pond/infiltration pond on the south side of H2.
Public Works Director Lee indicated these items were added to the project to get Rice Creek
Watershed District approval. He then said there would be a total of 8 infiltration basins which
are depressions in the boulevard area to allow water to infiltrate into the ground. He further
stated that the plans would be revised.
Council Member Marty commented that the third would be located at the southwest corner of H2
and Long Lake Road.
Public Works Director Lee explained that the basin would be located within the City’s right-of-
way behind the curb and the plans would need to be revised to reflect that.
Council Member Quick asked for clarification on the holding pond being required.
Public Works Director Lee indicated that one of the infiltration sites is large enough to be a
holding pond.
MOTION/SECOND: Quick/Marty. To Table Approval of Resolution 5804 Until Revised Plans
are Available for Council Review.
Ayes - 2 Nays – 3 (Thomas/Sonterre/Stigney) Motion failed.
Public Works Director Lee indicated that a tabling motion would kill the project for this year.
Council Member Quick commented he felt it was necessary to see the plan prior to approval.
Mayor Sonterre indicated that the first asphalt would be put in this year and the second next year.
He then asked if the road would withstand the traffic and a plowing season with one layer of
asphalt.
Public Works Director Lee indicated it is actually advantageous to do it this way because the
road goes through a freeze thaw cycle and can be evaluated for any issues with the roadbed
before the final asphalt layer is put in.
Council Member Quick asked how the manholes would be dealt with.
Public Works Director Lee indicated they would be flush until the final wear course is installed
and would then be raised up to be flush with that wear course.
Council Member Quick asked if that was reflected in the bid.
Public Works Director Lee said yes.
Mounds View City Council July 22, 2002
Regular Meeting Page 24
Council Member Stigney asked whether this project would have been completed entirely during
the 2002 construction season if SCH had acted more promptly on this.
Public Works Director Lee indicated that dealing with the Watershed was a problem in terms of
obtaining the permit to proceed as well as the legal issue of moving Xcel’s poles. He also
indicated that there may be an issue obtaining permanent easements for trailway from residents.
Mayor Sonterre asked for comment on the Xcel issue.
City Attorney Riggs commented that it is a hotly litigated issue. He then said he is looking at it
but is more concerned with the temporary and permanent easements to get that process going.
Public Works Director Lee indicated the temporary easements are not an issue and the project
can proceed but the permanent easements are an issue and, if the City does not get them, it would
affect the installation of the trailway not the road.
Mayor Sonterre indicated he voted against tabling because he knows tabling it would kill the
project for this year. He then asked if any of the issues just discussed would cause the project to
be pushed into next year’s construction season because, if so, he would be interested in tabling
this matter.
Public Works Director Lee indicated that the easements would only affect the pathway
installation and does not affect the roadway installation.
Council Member Marty commented that Xcel does not want to move the poles free of charge but
wants the City to pay for it. He then said he assumes that putting the power under ground did not
meet with their approval either.
Public Works Director Lee indicated the County gave Xcel permission for the poles and through
the transfer of ownership there is a question as to whether the City has the authority to ask them
to remove them. He also commented that the utility does not want the power under ground.
Ayes – 4 Nays – 1(Quick) Motion carried.
G. SBM Fire Department Proposed 2002 Budget.
City Administrator Miller provided a copy of the proposed 2003 Spring Lake Park, Blaine,
Mounds View Fire Department budget to Council and noted it represents a sizeable increase for
the city of Mounds View. She then commented she had provided it to Council for comment and
noted she would be meeting with the other managers and the Fire Chief tomorrow. She further
indicated that the Fire Chief had wanted approval of the budget at that meeting but realizes now
that there are concerns with the increases.
Mounds View City Council July 22, 2002
Regular Meeting Page 25
Council Member Marty said he was wondering why the Mounds View portion continues to
escalate.
Council Member Quick indicated there is a formula to calculate the number of calls.
City Administrator Miller indicated it has to do with the last three years of history and the City
had a spike two years ago that enters into the formula.
Mayor Sonterre asked why the Fire Chief was not at the meeting.
City Administrator Miller indicated she did not ask him to be here as she was providing the
budget for review. She then said she could invite him to the work session in August if Council
wished.
Mayor Sonterre said he would assume that any department head in this City should be present
when Council is discussing their budget.
City Administrator Miller indicated she did mention that it would be on the agenda but did not
ask him to attend.
Council Member Marty asked why the Chief’s cars figure jumped from $29,000 in 2003 to
$60,000 in 2005.
Finance Director Hansen explained that the figure is not for one vehicle it is for several vehicles.
He further explained that the Chief had told him that having the ability to respond in a chief’s
vehicle saves the department money because a lot of calls can be handled by one individual
rather than calling out the whole squad with a truck.
Council Member Marty said he was curious as to whether the Fire Department has a vehicle and
equipment fund like in this City or if, whenever they need to purchase a new piece of equipment,
there is a huge spike.
Finance Director Hansen indicated he had gotten the impression that the Fire Department does
not have a vehicle and equipment fund.
Council Member Thomas indicated she had a considerable number of questions on the numbers
regardless of the total but said she would discuss the matter with City Administrator Miller. She
then said she had a conversation with a Council Member from Blaine who had not yet seen the
numbers and was not happy with the information she provided. She further suggested Staff look
into scheduling a joint meeting to discuss the budget.
MOTION/SECOND: Thomas/Marty. To Direct Staff to Contact the Other Cities for a Joint
Meeting to Discuss the Fire Department Budget.
Mounds View City Council July 22, 2002
Regular Meeting Page 26
Council Member Stigney commented that the meeting tomorrow is to review and approve the
budget.
City Administrator Miller indicated she would be giving feedback to indicate that the City wishes
to have a joint meeting among the cities and have the Fire Chief in attendance.
Council Member Stigney asked if Staff had received copies of the articles for the Fire
Department.
City Administrator Miller indicated she received a copy of the bylaws but not the articles.
Council Member Stigney asked her to follow up on receiving a copy of the articles.
Mayor Sonterre asked that the discussion be specific to the three-city meeting.
Ayes – 5 Nays – 0 Motion carried.
Council Member Stigney said he would like to see a breakdown of the dues and subscriptions
amount.
Mayor Sonterre asked, comparatively, how is the Fire Department budget as compared to other
departments within the City.
City Administrator Miller indicated that, in reviewing the various departmental budgets, the Fire
Department was the only department that did not make any cuts.
H. Golf Course Quarterly Report.
Golf Course Manager Longville addressed Council and provided a review of his report.
Golf Course Manager Longville explained that they had lost time out at the course due to poor
spring weather and the strike.
Golf Course Manager Longville indicated that things are getting better and the numbers for the
month of June are approaching more normal for rounds played. He also commented that the
sluggish economy could be playing a part in the lower numbers as well as the influx of
competition.
Golf Course Manager Longville indicated that they have received a lot of compliments at the
course and have cut staff in half compared to past years. He then said that he feels like they are
on the right track and the course seems busy.
Golf Course Manager Longville commented that once he has an operating season under his belt
and takes the winter to review and reflect he will be coming to Council with some proposed
changes to improve things for next year. He then commented that it may be time to raise green
Mounds View City Council July 22, 2002
Regular Meeting Page 27
fees as well as look at limiting inventory in the club house to what actually sells. He also
commented that they sell a ton of hot dogs so that should be looked at as well.
Golf Course Manager Longville commented that the City has golf carts that are 6 or 7 years old
and noted that carts are normally replaced on a 3 to 5 year cycle. He then said that, while the
carts are old, he things that he will be able to get one more year out of them because the City
needs to purchase some other equipment next year. He also commented that there is a storage
building with no electricity and that poses an issue for the Staff because Staff arrive in the dark
and having guys fumbling around in there could be hazardous.
Golf Course Manager Longville said that he thinks the course is on track and he is optimistic
about the golf course but he says that with some degree of caution because he has a lot left to
learn about the operation. He then said he hope to have the course open through October to make
up for time lost in April and May.
Golf Course Manager Longville indicated he had hired a lot of his people on the grounds crew at
very close to the bottom of the range of the union scale and, typically in the private sector, he
would hire them near the bottom and midway through the season give them a little raise as an
incentive to continue doing a good job. He then said he would like to give his crew a .25 cent an
hour raise as an incentive.
Golf Course Manager Longville indicated that about 90% of his Staff is either in college or high
school and he will be losing those people in the middle of August and would need to bring on 8
more employees to finish out the season.
Mayor Sonterre suggested Mr. Longville work with the administrative Staff concerning the pay
issues.
Council Member Stigney noted that the City leases golf carts and asked if Mr. Longville was
aware of that.
Golf Course Manager Longville explained that the City owns 10 golf carts and leases an
additional four to get through the busy season.
Council Member Marty asked if the City could lease golf carts every year rather than purchase
them.
Golf Course Manager Longville indicated that most facilities do lease golf carts.
Council Member Marty asked if it would be more cost effective to lease rather than purchase.
Golf Course Manager Longville said he thinks leasing is the better way to go. He then noted that
the course is a nine hole course so, in theory, there should not be as much wear and tear on the
carts as at an 18 hole course but there are not cart paths at The Bridges so that adds wear and tear.
Mounds View City Council July 22, 2002
Regular Meeting Page 28
Council Member Stigney commented that, since this is a public golf course rather than a private
course, the City could do a tax deduction if it owns the carts. He then asked if that was figured
into the recommendation of leasing versus purchasing.
Golf Course Manager Longville indicated he would need to research the matter before making a
formal recommendation.
Council Member Marty asked how the turnnover has been with employees this summer. He then
asked if some of the old timers would be called to see if they wished to finish out the season for
those employees that are leaving for school.
Assistant City Administrator Reed indicated that each employee is restricted to a six month
period and most of these employees will only be at two or three months.
Golf Course Manager Longville indicated he is planning on a busy fall and needs to have
employees.
Council Member Marty asked if the City still has a pool of some of the old timers.
Golf Course Manager Longville indicated that all who had submitted an application would be
considered.
Mayor Sonterre asked that Council refer to them as previous employees rather than old timers.
Council Member Quick asked if there is equipment at the course that needs to be sold.
Golf Course Manager Longville indicated that he believes there will be equipment to be sold and
noted he is getting through the season and seeing what is utilized and what is not. He then
commented that there is an aerator that was used at one time to condition the soil but he does not
see a need for it. He also indicated there are two Kubota tractors and the course only needs one
as well as a sprayer that he has been operating without a clutch in order to save the $1,500 to fix
the clutch because the equipment needs to be replaced.
Council Member Quick indicated the piece of equipment he is interested in is the aerator that is
sitting up there. He then asked if it was used last year.
Golf Course Manager Longville said that he would guess it was not used last year. He then said
it may have been used to find rocks and aerate the soil in the beginning but there has not been a
need for it recently. He also commented that there are areas that hold water but he has been
utilizing a wetting agent to make the water penetrate the ground more easily and noted there is
another aerator available should it be needed.
Council Member Quick asked if the aerator has been leased out, loaned out or rented out.
Golf Course Manager Longville indicated he was not sure but could look into it.
Mounds View City Council July 22, 2002
Regular Meeting Page 29
Council Member Quick asked if there are any records of the aerator being leased out.
Council Member Quick commented that when Mr. Hammerschmidt brought this
recommendation to Council the idea was that it could be rented annually to a number of golf
courses because there was a need for the equipment.
Council Member Stigney commented that the previous golf course manager could not lease
equipment out. He then suggested that Staff review why the equipment was purchased and how
it was used before determining that is not necessary to have it.
Council Member Quick commented that one of the big deals was that the equipment would
generate money.
Golf Course Manager Longville commented that there was a soil problem and that was the
reason for the equipment. He then said that maybe they resolved the problem and do not need it
anymore.
Council Member Stigney indicated the way it was presented was a long-term use and suggested
that Staff look into the history of it.
Mayor Sonterre noted Mr. Longville had made references to next year and said he hopes that Mr.
Longville is here next year. He then suggested that Mr. Longville research to make sure that
there are no pending orders from vendors because, the way the business works, there are standard
orders pending and if those are not cancelled there is a restocking fee to return the merchandise.
Golf Course Manager Longville said that Kenny had promised him that the only things being
paid for are purchases that were made over the winter.
Mayor Sonterre said he is not saying that there are pending orders but he has some experience
with how the industry works and there may be release dates that Staff is not aware of so he would
recommend making sure there are no more ship dates.
Golf Course Manager Longville indicated that during the strike the course was receiving things
that were never ordered so Staff put a stop to that by sending out 500 letters saying that a code
needed to be used when ordering from vendors.
Assistant City Administrator Reed indicated that Mr. Longville had asked for permission to hire
8 additional people and asked for Council direction to advertise for the positions.
Mayor Sonterre asked if it was necessary for the City to advertise the positions or if it could hire
from applications already received.
Assistant City Administrator Reed indicated that the City would need to advertise to fill 8
positions.
Mounds View City Council July 22, 2002
Regular Meeting Page 30
Council authorized by consensus to advertise for the positions.
8. SPECIAL ORDER OF BUSINESS
A. Resolution 5806 Approving a Step Increase for John Hughes
Mayor Sonterre read Resolution 5806.
Council Member Marty asked why he has been at Step 1 for two years.
Assistant City Administrator Reed indicated the public works contract is different from the other
contracts within the city and only has four steps.
MOTION/SECOND: Marty/Thomas. To Approve Resolution 5806, a Resolution Approving a
Step Increase for John Hughes.
Ayes – 5 Nays – 0 Motion carried.
B. Resolution 5805 Approving a Wage Increase for Ken Manthis
Mayor Sonterre read Resolution 5805.
MOTION/SECOND: Quick/Marty. To Approve Resolution 5805, a Resolution Approving a
Wage Increase for Ken Manthis.
Council Member Stigney commented that there were meetings concerning the salary range and
Mr. Manthis had agreed that the range was satisfactory. He then said that he disagreed with
skipping from Step 2 to Step 5.
Council Member Marty indicated that Mr. Manthis is the only employee left at the golf course
and without him the course would be in a lot worse shape than it is in.
Mayor Sonterre commented that, if memory serves, the City labored over the range on this
position for a long time and settled on the lowest criteria just to get it through.
Assistant City Administrator Reed indicated the City lowered the maximum.
Council Member Stigney asked if this was pointed as recommended by Labor Relations.
City Administrator Miller indicated the recommendation from Labor Relations was higher than
what the City settled for.
Golf Course Manager Longville said he has been in the business almost 20 years and has seen a
lot of guys come and go and he thinks the world of Ken as he has done a phenomenal job. He
Mounds View City Council July 22, 2002
Regular Meeting Page 31
then said that he continues to give lessons and is not getting paid for it and does this because of a
sense of loyalty to the City of Mounds View. He further commented that he felt the need to
inform Council that his pay is well below the median and he has been with the City for 7 years.
Golf Course Manager Longville commented that when you have an employee that is worthy of
hanging onto you compensate the employee. He then said that he feels Ken is a very important
part of the business.
Council Member Stigney asked if this would be in line with the budget.
Golf Course Manager Longville indicated he had figured $45,000 for Mr. Manthis salary when
he did his budget.
Ayes – 4 Nays – 1(Stigney) Motion carried.
C. Resolution 5808 Approving a Step Increase for Givonna Reed
Mayor Sonterre read Resolution 5808.
MOTION/SECOND: Quick/Thomas. To Approve Resolution 5808, a Resolution Approving a
Step Increase for Givonna Reed.
Council Member Stigney commented that this was a position changed by the City Administrator
to make an Assistant City Administrator rather than an Assistant to the City Administrator. He
then said that he did not support that change and does not support an increase for that position.
Mayor Sonterre clarified that the City Administrator did not make the change she made a
recommendation to Council and Council made the change.
Council Member Marty indicated he agreed with Council Member Stigney’s comments and
noted that this was merely a promotion and the position was not advertised.
Ayes – 3 Nays – 2(Stigney/Marty) Motion carried.
9. REPORTS
Assistant City Administrator Reed asked for authorization to advertise for the police
administrative assistant.
Council Member Stigney said he thought the authority for that lied with the Commission.
Assistant City Administrator Reed indicated that, in the past, she and the Deputy Chief had gone
through the applications and kept the Commission informed as to the hiring for the
administrative assistant.
Mounds View City Council July 22, 2002
Regular Meeting Page 32
Mayor Sonterre asked if the request is for approval to advertise for the position.
Assistant City Administrator Reed said, “that is correct.”
Council Member Stigney asked if the Commission would be bringing someone forward for
approval once the position is posted.
Assistant City Administrator Reed referred to the City Attorney for an answer to that question.
City Attorney Riggs commented that right now this is an authorization to advertise and he is not
sure what the procedure is with the Police Civil Service Commission.
Council Member Quick asked if there is a difference between an administrative assistant and a
police officer.
City Attorney Riggs indicated the statute says all employees.
Assistant City Administrator Reed asked for clarification as to whether Council wished to fill the
position on an interim basis or advertise for the position and leave it vacant until filled.
Council Member Thomas indicated she wanted to move forward with filling the position
regardless of what happens with the New Brighton situation.
Council Member Quick indicated the question is whether the police department can get along
without an administrative assistant until one is hired.
Assistant City Administrator Reed indicated there are two full time clerical people in the police
department and one half time Community Service Officer.
Council Member Quick commented that there are two and a half people over there and they
functioned fine during the strike. He then suggested that maybe the police department does not
need two and a half people.
Council Member Marty clarified that the Acting Chief also stated that there were officers doing
paperwork instead of out on the beat and, if you picked up a copy of the Bulletin or Focus
nothing was submitted to the papers for police reports as there was no one to do so. He then
commented that speaking to the Police Department would shed light on more things that were
not done during the strike as well.
Council Member Thomas commented that the police department was not doing just fine as there
was a significant quantity of overtime hours. She further commented that officers are hired to do
a specific job and should be out on the street not behind a desk doing paper work.
Mayor Sonterre clarified that the police department has two and a half people that work in a
clerical capacity.
Mounds View City Council July 22, 2002
Regular Meeting Page 33
Assistant City Administrator Reed indicated that the Community Service Officer is used when
needed and is not an office staff person.
Mayor Sonterre suggested Staff ask whether the person would like to be a part time clerical
person and part time Community Service Officer while the City is looking for someone to fill the
administrative position.
City Administrator Miller indicated she had spoken with the Acting Chief earlier today and had
asked him to put together some information on what would be needed and who could help out
and he said he would be providing that information.
Council Member Stigney commented that he thinks there is a need to have someone on an
interim basis because it is not cost effective to have detectives and police officers doing office
work.
City Administrator Miller indicated she was directed at the last meeting to investigate some
options for combining the police force with the New Brighton force. She then indicated she had
sent a letter to New Brighton and had received a response that New Brighton was wondering if
the City wished to pursue a contract for services arrangement.
Mayor Sonterre indicated he was not interested in a contract for services and would only be
interested in a joint powers relationship with co-ownership in the force.
Council Member Stigney said he thinks the City needs to establish a purpose and a goal and, if
you do not, there is no sense in going out to see what some other City wants to do with this City’s
police department. He then asked, “what is the goal, cost savings or additional policing?”
Council Member Marty indicated he was not interested in contracting out for service as it would
not be cost effective for the City. He then said that he feels there is nothing wrong with the
police department and it should be left the way it is.
Council Member Stigney said that without a goal there is no sense in talking to anybody.
Mayor Sonterre commented that when he first made the motion he thought it would be worth
looking at it if the police department could continue operations at the current levels of coverage
at a reduced cost. He then said the goal would be to provide public safety at the same or better
levels at a reduced cost.
City Administrator Miller indicated that she and Finance Director Hansen had given the matter a
cursory review and it seems there may be some additional costs to a joint police department such
as splitting the cost of the new facility being constructed in New Brighton.
Mounds View City Council July 22, 2002
Regular Meeting Page 34
Mayor Sonterre indicated his goals remain the same, if the City can provide an equal or greater
level of service at a reduced cost, then it is worth looking into. If it cannot be done then leave it
as is.
Council Member Marty indicated he had received a number of calls from residents concerned
about Council proposing changes to the police department because residents feel the police
department is doing a good job and does not need changing. He then said he had informed
residents that Council directed Staff to look into the possibility of a joint force.
Council Member Quick indicated that Council had directed Staff to write a letter and proceed
with an investigation to determine whether it was cost effective to combine the police force with
New Brighton. He then said he is with the Mayor on this one, if it can be done at the same level
of service for less money, he would be in support but, if not, then it should be left alone.
City Administrator Miller confirmed that Council is interested in looking at the numbers for a
merger but not a contract for services.
Council Member Stigney commented that, if the goal is to reduce costs, and the contract for
services turns out to be less costly, how can Council say no to that. He then said he would not be
advocating that type of arrangement but, if the costs are lower, and lowering costs is the goal,
why would it not be considered.
Council Member Thomas said it was her understanding that Council was interested in reduced
cost with no loss of service and she believes losing control over the force through a contract for
services would be a reduction in service and she would not support that. She then stated that she
would like to see the numbers for a combined force to determine if it would be less costly.
City Administrator Miller indicated that Ms. Gunn had contacted her about the festival
agreement and wondered if she would be reimbursed the portion of the $4,000 that was budgeted.
She then indicated that she needed Council direction as to whether regular hours worked by
public works on Friday to set up and Monday for clean up should be included in the costs for the
festival in addition to the overtime hours worked.
Council Member Quick indicated if the hours were worked on the festival they should be counted
towards the festival.
Council Member Stigney agreed with Council Member Quick.
Council Member Marty commented that, since there was not a parade, the manpower hours
would be reduced.
City Administrator Miller indicated the numbers were significantly less than last year.
Mayor Sonterre indicated the question is do you bill only for overtime or for all hours on behalf
of the festival.
Mounds View City Council July 22, 2002
Regular Meeting Page 35
Council Member Marty said he agreed the hours should be deducted.
Council Member Thomas said she would like to have a list of the hours worked and which
employee worked those hours.
Mayor Sonterre said he thinks the City needs to see the financials as the City has a $2,000
payment from the Convention and Visitor’s Bureau that cannot be allocated to the festival until
financials are received. Mayor Sonterre commented that the City would need to find out what
the advertising costs were for this year before the City can get the money from them.
Council Member Marty asked whether the City paid Chuck Chisholm for back pay.
Assistant City Administrator Reed indicated the issue was discussed at the meeting last time and
noted an update would be provided this evening.
Council Member Quick commented that the City Council makes the decisions in the City of
Mounds View and the City Administrator carries them out. He then commented that Mr.
Hammerschmidt has that slightly mixed up with reality. He further said he wanted to make sure
that residents know that Council makes decisions and Ms. Miller carries them out and she has
been doing a very good job with the assistance of Ms. Reed.
Council Member Marty asked if the City has posted for a police chief yet.
City Administrator Miller indicated that the matter is still on hold as they are waiting for an
appointment to the Police Civil Service Commission.
Council Member Quick commented that the City may not need a Civil Service Commission if it
merges forces with New Brighton.
Mayor Sonterre indicated he has been working with the I35W Corridor Coalition and North
Metro Mayors Association on a new initiative to provide legislative and community outreach to
candidates to update them on issues of importance to the community.
Mayor Sonterre reported that he had met with Mr. Harstad and his brother as well as several
residents with regard to the property on H2. He then said the meeting was polite but not much
progress was made because the residents have adopted the “not in my backyard” philosophy and
Mr. Harstad’s position is that of money.
Mayor Sonterre indicated he had been a part of the meeting with Rice Creek Watershed District
and SCH. He then said a lot of things came out of that meeting which indicate that the watershed
did not do a good job of communicating with the City and SCH did not do a good job of getting
its ducks in a row.
Mounds View City Council July 22, 2002
Regular Meeting Page 36
Mayor Sonterre updated Council on a pending merger of AT&T Broadband with Comcast. He
then said that all the consortiums that are using Mr. Creighton as their attorney are poised to fight
the merger and have been told that they will be sued by AT&T. He further indicated that Mr.
Grundhoeffer has indicated that this will be a long drawn out legal battle that will cost in excess
of $50,000 and suggested that the City may need to consider having an elected official on the
cable commission to represent tax payers as well as consider the option of showing support for
the merger rather than paying legal fees on yet another matter.
10. APPROVAL OF MINUTES
A. Minutes for July 8, 2002
Council Member Thomas indicated she had a significant number of corrections she would like to
make.
MOTION/SECOND: Thomas/Sonterre. To Table Approval of the July 8, 2002 Minutes to the
Next Council Meeting.
11. CLOSED SESSION
A. To Discuss Labor Negotiations
MOTION/SECOND: Thomas/Stigney. To Recess to Closed Session to Discuss Labor
Negotiations.
Ayes – 5 Nays – 0 Motion carried.
Council recessed to closed session at 11:20 p.m.
Mayor Sonterre noted Council would adjourn from closed session.
B. To Discuss Pending Litigation
12. Next Council Work Session: Monday, August 5, 2002
Next Council Meeting: Monday, August 12, 2002
13. ADJOURNMENT
Mayor Sonterre adjourned the meeting at _____ p.m.
Transcribed and recorded by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.