HomeMy WebLinkAboutAgenda Packets - 2002/09/09
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
Monday, September 9, 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. Licenses for Approval
B. Set a Public Hearing for 7:05 PM, Monday, September 23, 2002, to
Consider a Conditional Use Permit for Joint Facilities Parking for Abbey
Carpet, to be Located at 2214 Highway 10
C. Set a Public Hearing for 7:10 PM to consider the Request to Rezone
Properties Located at 2901 and 2925 Highway 10 from B-3 and R-1 to R-
3, Medium Density Residential, to allow for the construction of Townhome
Dwellings
D. Resolution 5834 Authorizing the execution of a Joint Powers Agreement
with Anoka County
E. Resolution 5838 Authorizing David Longville to Continue to Serve as Golf
Course Manager on an Interim Basis
7. COUNCIL BUSINESS
(7:05) A. Public Hearing, Second Reading and Adoption of Ordinance 702, an
Ordinance to Consider the Rezoning of Lot 2, Block 1, Anthony Properties
Addition, from Planned Unit Development (PUD) to Highway Business (B-3)
(7:10) B. Public Hearing, Second Reading and Consideration of Ordinance 701, an
Ordinance to Consider an Amendment to Chapter 1106 of the Mounds View
Zoning Code Pertaining to Accessory Structures
City Council Agenda
September 9, 2002
Page 2
(7:15) C. Public Hearing, First Reading and Consideration of Ordinance 703,
Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas
Operations within the City of Mounds View for the Year 2003
(7:20) D. Public Hearing, First Reading and Consideration of Ordinance 704,
Implementing a Franchise Fee on Reliant Energy Natural Gas Operations
within the City of Mounds View for the Year 2003
E. Resolution 5840 Establishing Public Hearing Dates for the Proposed General
Fund Budget and Property Tax Levy for the Fiscal Year 2003.
F. Resolution 5836 Calling for the Sale of the City’s General Obligation Water
Revenue Refunding Bonds, Series 2002A.
G. Resolution 5827 Accepting the Annual Financial Report for the Year Ended
December 31, 2001.
H. Resolution 5837 Authorizing Certification of the Proposed General Fund
Budget & Property Tax Levy for the Fiscal Year 2003.
8. SPECIAL ORDER OF BUSINESS
A. Reso 5818 Appointing Peter Szurek to the Parks Department
9. REPORTS
10. APPROVAL OF MINUTES
A. August 2, 2002, City Council Minutes.
11. CLOSED SESSION
A. Labor Negotiations
B. Pending Litigation
12. Next Council Work Session: October 7, 2002
Next Council Meeting: September 12, 2002 (Special City Council Meeting)
13. ADJOURNMENT
Item No.06A
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: September 9, 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
Aabbott Ferraro – New
Action Heating & Air Conditioning
Advantage Air, Inc. – New
White Bear Mechanical - New
GENERAL (COMMERCIAL)
Krizan Construction, Inc. - New
CEMENT
Ashland Enterprises, Inc. dba Ashland Concrete - New
SEWER/WATER
Webster Co., Inc.
Staff Recommendation: Approve license applications as requested.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
August 26, 2002
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:09 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas.
3. APPROVAL OF AGENDA
A. Monday, August 26, 2002 City Council Agenda.
MOTION/SECOND: Marty/Thomas. To Approve the August 26, 2002, City Council Agenda as
amended.
Ayes - 5 Nays – 0 Motion carried.
4. PUBLIC INPUT
David Jahnke of 8428 Eastwood Road asked Mayor Sonterre whether he had looked into the
documents concerning the discussions City Attorney Long was having with Mr. Hammerschmidt
and whether there was potential for litigation against that firm.
Mayor Sonterre indicated he had not but said the City Administrator is looking into it concerning
a civil basis and has made no conclusion at this time.
Mr. Jahnke indicated that Mr. Long was working for the City then and his actions were totally
out of line.
Mr. Jahnke then thanked the public works department for the work they had done on the cave in
on Eastwood.
Mr. Jahnke indicated he was happy to see that Council seems to be making accountability
important and noted there seem to be some cutbacks. He then commented that there is one raise
on the agenda this evening and he feels that due to the way the economy is at this time people
should take a freeze in wages in order to keep from having to raise taxes.
Mounds View City Council August 26, 2002
Regular Meeting Page 2
Mayor Sonterre indicated he would not discuss the agenda item at this time but said that the City
has obligations to existing contracts that do not make it possible to institute a wage freeze. He
then indicated that the City is attempting to tighten the budget in other areas to accommodate
wages.
Mr. Jahnke asked Council to read the information concerning what the City of Roseville did with
TIF funds to lower residents’ taxes.
5. JUST AND CORRECT CLAIMS
Council Member Stigney indicated there was a claim for payment to Orkin and he had thought
that last month would be the last charge.
Finance Director Hansen indicated the last service date was on July 18, 2002 and this would be
payment for that service. He then said he believed that would be the last payment to Orkin.
Council Member Marty asked what wall clock was purchased.
Community Development Director Ericson indicated that one of the wall clocks went bad and it
was replaced.
Mayor Sonterre commented he would expect that there would also be a charge for batteries for
that wall clock.
Director Ericson indicated that there would be a corresponding purchase for batteries for that
wall clock.
Council Member Marty asked for clarification of Check Number109109 as to what was couriered
to Mr. Riggs.
Public Works Director Lee said he believes the courier service was for the contracts for H2 that
were couriered to Mr. Riggs due to short timing.
Mayor Sonterre asked if it is a regular process that legal documents be couriered rather than
mailed.
City Administrator Miller indicated that documents are couriered when there is a time crunch
Council Member Marty asked whether Check Number109138 was to post for the Chief of Police
position.
City Administrator Miller indicated it was not but said that would be discussed later in the
agenda.
Council Member Marty asked what the legal notices for Ace Supply was for.
Mounds View City Council August 26, 2002
Regular Meeting Page 3
Director Ericson indicated the Planning Commission held a public hearing for a variance and the
fee was to publish that meeting in the newspaper.
Council Member Stigney asked whether the three memberships for the American Public Works
Association were part of the contract.
Director Lee indicated the memberships were form himself, the public works foreman, and the
water superintendent.
Council Member Stigney asked if all three have separate contract memberships.
Director Lee indicated he would need to look into all three of them as he is not sure.
Mayor Sonterre asked if the memberships were budgeted.
City Administrator Miller indicated the water supervisor is covered in the labor agreement but
the other two would not be.
Council Member Stigney questioned why the City would pay for the memberships if they are not
part of the contract.
Council Member Quick asked if it was a budgeted item.
City Administrator Miller indicated the items were budgeted and asked Mr. Lee to share some of
the benefits of the membership with Council.
Director Lee indicated that the membership includes information and networking with other
cities as well as training programs and conferences.
Mayor Sonterre commented that Council Member Stigney is using the word contract but none of
the three have contracts.
Director Lee indicated he did not have a contract but the water supervisor does.
Mayor Sonterre indicated the charge is appropriate if those items were in the budget but
suggested Council discuss memberships as part of the budgeting process.
Director Lee indicated the memberships are in the budget.
Council Member Stigney said he questions why three memberships are necessary if one would
suffice. He then asked for further information on these memberships.
Director Lee indicated he would provide a memo on the membership.
Mounds View City Council August 26, 2002
Regular Meeting Page 4
MOTION/SECOND: Marty/Quick. To Approve the Just and Correct Claims as Presented.
Ayes – 5 Nays – 0 Motion carried.
6. CONSENT AGENDA
A. Set a Public Hearing for 7:05 p.m., September 9, 2002, to Consider the Second
Reading and Adoption of Ordinance 702, an Ordinance Approving the Rezoning
of Lot 2, Block 1, Anthony Properties Addition, from Planned Unit Development
(PUD) to Highway Business (B-3).
B. Set a Public Hearing for 7:10 p.m., September 9, 2002, to Consider the Second
Reading and Adoption of Ordinance 701, an Ordinance Approving a Text
Amendment to the Zoning Code Pertaining to Accessory Structures.
C. Set a Public Hearing for 7:15 p.m., September 9, 2002 to Consider the First
Reading of an Ordinance Implementing a Franchise Fee on Xcel Energy Electric
and Natural Gas Operations within the City of Mounds View for the Year 2003.
D. Set a Public Hearing for 7:20 p.m., September 9, 2002 to Consider the First
Reading of an Ordinance Implementing a Franchise Fee on Reliant Energy
Natural Gas Operations within the City of Mounds View for the Year 2003.
MOTION/SECOND: Quick/Stigney. To Approve the Consent Agenda as Presented.
Ayes – 5 Nays – 0 Motion carried.
7. COUNCIL BUSINESS
A. Resolution 5830 Authorizing the Purchase of Policies for the July 2002 through
June 2003 Insurance Year.
Finance Director Hansen indicated Charles Clysdale would be making a presentation on the City
insurance polices for the year.
Mr. Clysdale of 1935 West County Road B2 thanked Council for the opportunity to present the
renewal proposal for the coming year. He then indicated that the League of Minnesota Cities had
provided an appraisal of the City’s buildings and contents free of charge and the insurance
replacement costs have been increased from $20,431,000 to $23,159,000.
Mr. Clysdale indicated that the City carries a $10,000 deductible on all losses but for workers
compensation. He then indicated that over the 11 years that Council has been carrying this
deductible the City has accumulated a net savings of $252,000.
Mounds View City Council August 26, 2002
Regular Meeting Page 5
Mr. Clysdale recommended staying with the large deductible because of significant savings and
said it is a good risk management decision.
Mr. Clysdale indicated the savings on workers compensation has been $10,000.
Mr. Clysdale indicated the League is very pleased with Mounds View as a client and has insured
it for 12 or 13 years and looks forward to the City’s continued participation.
Council Member Marty noted on the coverage comparison page that the number for 2001 went
down.
Mr. Clysdale indicated that the expenditures for the year 2000 to 2001 was $7.71 per thousand
and for 2001 to 2002 it dropped to $7.41.
Mr. Clysdale indicated that in the open market place rates would be entirely different as the
League is offering the City great rates.
Council Member Marty commented that the July 1, 2001 to 2002 paid expenses were $59,620
and total paid losses were $75,523 and, in comparison with the two or three years previous, that
was quite a jump.
Mr. Clysdale indicated the City has two active claims that involve wrongful termination actions
and involve large legal expenses.
Council Member Stigney said he thought one of the benefits of belonging to the League is that
payment of those fees is part of the fee that the City pays to them for membership.
Mr. Clysdale clarified that the figure is what the League has paid on the City’s behalf and said
that legal expenses have no limit.
Council Member Marty questioned if there was a cap on legal fees.
Mr. Clysdale indicated there is no cap on legal fees.
Mayor Sonterre thought that the League paid 100% of the first $250,000 and 80% after that.
Mr. Clysdale indicated those figures represent the coverage for the open meeting law.
Council Member Stigney asked whether the $3,920 for liquor liability insurance would be
included as part of the operating costs to the golf course.
Finance Director Hansen indicated that amount would be charged to the golf course.
Mounds View City Council August 26, 2002
Regular Meeting Page 6
City Administrator Miller thanked Mr. Clysdale for putting together the information regarding
the deductibles. She then clarified that the expenses paid are not exclusive to those two
terminations.
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5830, a
Resolution Authorizing the Purchase of Policies for the July 2002 through June 2003 Insurance
Year.
Ayes – 5 Nays – 0 Motion carried.
Mayor Sonterre asked whether the $10,000 deductible would be maintained.
Finance Director Hansen indicated the Resolution did not specify the deductible but assumes that
the City will maintain the $10,000 deductible unless otherwise directed by Council.
B. Second Reading and Adoption of 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.
City Attorney Riggs indicated that this change would go into effect 90 days after publication
rather than the usual 30 days.
MOTION/SECOND: Thomas/Stigney. To Waive the Reading, Approve the Second Reading
and Adopt 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.
Council Member Marty commented that the text of the Ordinance states that the entire text shall
be posted on the City’s website and also available at the community library. He then said that he
questions this because the City minutes for 2002 are not on the website and are not in the library.
He further said it seems that if Council minutes are not in either of these two places he questions
how ordinances will be.
ROLL CALL: Stigney/Marty/Quick/Thomas/Sonterre.
Ayes – 5 Nays – 0 Motion carried.
C. Jake’s Sports Café Expansion Project
1. Consideration of Resolution 5825, a Resolution Approving a Development
Review for the Jake’s Sports Café Expansion Project.
Community Development Director Ericson indicated this is a request for development review
and rezoning as the owners have applied for an expansion to increase the size of their parking lot.
He then indicated the site plan was reviewed by the Planning Commission and the changes
Mounds View City Council August 26, 2002
Regular Meeting Page 7
requested were made. He further indicated that the orientation of some of the parking stalls had
been changed slightly and there would now be 119 stalls rather than the original 121 but that is
still in excess of what the City requires and would allow Jake’s to expand and utilize the
basement of their building.
Director Ericson indicated that, on July 22, 2002, Council approved the removal of the theater lot
from the PUD so that this development could move forward. He then indicated that the
Resolution approved required a development review and rezoning of the parcel.
Director Ericson briefly explained the requirements of the development review and indicated that
all requirements have been met. He also noted that the Jacobs have agreed to landscape to fill in
gaps in the existing tree line.
Director Ericson indicated that all of the issues in stipulation number 1 have been addressed. He
then suggested that the Resolution be amended to state that the curb cut should be 32 feet rather
than 30 feet.
Council Member Marty asked why the crushed landscape rock was being replaced with wood
mulch or chips.
Director Ericson indicated the reason the rock was replaced is there was concern that having
rocks in the middle of a parking lot could cause issues with those rocks being thrown through
windows.
Council Member Marty indicated he would like to add an Item 6 to require that the City Forester
be contacted concerning tree and shrub replacement.
Director Ericson indicated that could be added but explained that nothing is done without going
through the City forester. He then indicated the City Forester has been out to site and would be
included and would review any proposed plantings.
Council Member Marty said he would like to list it as one of the requirements.
Council Member Thomas thanked the Jacobs for working with the City and said that the way
they have handled themselves in this matter shows a willingness to work with the neighborhood
and the City.
Council Member Quick asked who would maintain the trees to be added to the buffer.
Director Ericson indicated that the property is owned by the Jacobs and they would be
responsible for maintenance. He then indicated there would be language requiring maintenance
of the landscaping and a set time period for a guarantee of that landscaping included in the
developer’s contract.
Mounds View City Council August 26, 2002
Regular Meeting Page 8
Council Member Quick asked Staff to bring the development agreement back before Council and
then asked that Council Member Marty’s comments be added to the agreement.
Council Member Marty thanked the Jacobs for the willingness to work with the City.
Director Ericson read the change to the Resolution to include the requirement for City Forester
review.
MOTION/SECOND: Marty/Thomas. To Waive the Reading and Approve Resolution 5825, a
Resolution Approving a Development Review for the Jake’s Sports Café Expansion Project.
Council Member Stigney commented that plan to have additional parking is well needed but the
plan of where to put the parking is what he disagrees with. He then said this was a PUD and Mr.
Wendell was going to build two office buildings but only built the first one.
Council Member Stigney indicated he understood the need for parking but he feels it could have
been shifted somewhere else and the office building should have been built there as that would
have brought in a lot more taxes than the parking lot. He further indicated he did not have
anything against the need for the parking but this is how he feels.
Ayes – 4 Nays – 1(Stigney). Motion carried.
2. First Reading and Introduction of Ordinance 702, an Ordinance to Rezone
Lot 2, Block 1, Anthony Properties Addition from Planned Unit
Development (PUD) to Highway Business (B-3).
Mayor Sonterre opened the public hearing at 7:53 p.m.
Director Ericson explained that this matter had been set for public hearing at the next Council
meeting.
Mayor Sonterre closed the public hearing at 7:54 p.m.
MOTION/SECOND: Quick/Marty. To Waive the Reading, and Introduce the First Reading of
Ordinance 702, an Ordinance to Rezone Lot 2, Block 1, Anthony Properties Addition from
Planned Unit Development (PUD) to Highway Business (B-3).
Council Member Stigney reiterated that he thinks the City should follow the original plan to have
an office building there for more taxes.
Council Member Marty commented that the original office building stayed vacant for a year or
two until they finally got a tenant and that was one of the gauges to see how the project would
proceed. He also indicated that the Jacobs attempted to approach Anthony Properties on other
parcels but they would only sell this one.
Mounds View City Council August 26, 2002
Regular Meeting Page 9
Council Member Stigney commented that now that there is a parking lot there an office building
will never be there. He then said, why do you think he was happy to sell off this chunk rather
than following threw with the office building? I think it is all a bunch of hooey.
Council Member Quick asked if there was any way that the City could get Anthony Properties to
do something with that property.
Director Ericson indicated that the development agreement allows for staging of the
development. He then explained that the reason the City does not want to get into the habit of
forcing development with a drop dead date is because the City could end up with something it
does not want.
Council Member Quick commented that the property could sit vacant for a number of years.
Ayes – 4 Nays –1(Stigney) Motion carried.
D. Consideration of Resolution 5824, a Resolution Formally Adopting the County
Road 10 Redevelopment and Revitalization Plans as Prepared by URS
Corporation.
Community Development Director Ericson indicated that Staff, residents and URS have been
working on the County Road 10 Redevelopment and Revitalization Plans for more than two
years. He then said that Staff would be coming to Council at a later time to purchase more plans
to have on hand. He further indicated that, once approved, Staff will create a document that sets
an implementation schedule to get this plan underway.
Director Ericson indicated that, although this plan is very thorough and provides a lot of
information, Staff anticipates being before Council as the plan progresses to further refine plans.
Council Member Thomas commented that the guard rail appears to be only around the trees on
the plans. She then explained that she is concerned with having trees in the median and, if those
trees are to remain on the plan, she will insist on having a guard rail to prevent bikers from
crossing at non-intersections. She further commented that, to her, it is a matter of safety because
the trees are in the median and the visibility is decreased and the cars will not be able to see
people crossing on bikes.
Mayor Sonterre asked what type of estimated cost increase there would be for guard rails for the
entire length.
Director Ericson indicated that he could investigate that. He then indicated that the plan could be
changed. He also said his concern with guard rails would be for increased property damage to
vehicles that slide off the roadway into that guard rail.
Council Member Thomas indicated she feels strongly about the matter and feels it is either you
have the guard rail or you do not have the trees. She then said that pedestrians typically cross at
Mounds View City Council August 26, 2002
Regular Meeting Page 10
the intersections but kids are going to try to cross at non-intersections and she feels it is the City’s
responsibility to protect them from the vehicles that cannot see them because the trees were
added.
Council Member Marty suggested looking into a type of breakaway fencing to keep bicyclists out
and cause less damage to vehicles that would hit it.
Council Member Thomas said she does not care what kind of barricade is used but feels blocking
access to bicyclists is necessary.
Council Member Marty asked if the estimate for the project is $6,500,000.
Director Ericson indicated that it was.
Council Member Marty said he finds the projection heartening due to the fact that when
discussing the pedestrian bridge that alone was estimated to cost $1.5 million.
Director Ericson commented that the estimate does not include the under grounding of utilities
so, if accomplished, that would increase the costs.
Mayor Sonterre indicated a lot of early cost projections included replacing the bituminous but
since it was milled and overlaid the estimate does not include any new bituminous. He then
indicated that the general life expectancy of the bituminous is 8 to 10 years so, if this project is
pushed out for a number of years, there may be additional costs for new bituminous which would
hopefully be borne by the County.
Director Ericson indicated he would look into the concerns of Council Member Thomas.
Council Member Stigney asked for clarification as to the use of the word acquisition in the
Resolution.
Director Ericson indicated the word acquisition is used in terms of acquiring funding.
Council Member Thomas asked where the City is with the surveying for the trailway.
Director Ericson indicated he had stated in his Staff report that the first action would be to move
forward with employing the services of a surveyor to survey the trailway through the corridor.
He then indicated that a surveyor was used to survey the Perkins and business park area. He
further indicated he would be preparing a request for proposals for Council review.
MOTION/SECOND: Thomas/Marty. To Waive the Reading and Approve Resolution 5824, a
Resolution Formally Adopting the County Road 10 Redevelopment and Revitalization Plans as
Prepared by URS Corporation.
Mounds View City Council August 26, 2002
Regular Meeting Page 11
Council Member Stigney commented that he has reservations about approving plans that he is
not completely comfortable with.
Ayes – 4 Nays – 1(Stigney) Motion carried.
E. First Reading and Introduction of Ordinance 701, an Ordinance Approving a Text
Amendment to Chapter 1106 of the Mounds View Zoning Code Pertaining to
Accessory Structures.
Planner Atkinson indicated this is a housekeeping item to make the language consistent.
MOTION/SECOND: Marty/Quick. To Waive the Reading and Introduce the First Reading of
Ordinance 701, an Ordinance Approving a Text Amendment to Chapter 1106 of the Mounds
View Zoning Code Pertaining to Accessory Structures.
Ayes – 5 Nays – 0 Motion carried.
F. Resolution 5826 Amending the 2001 Budget of the EDA Fund and the TIF
District Funds for Projects Authorized During 2001 and for Transfers to the Debt
Service Funds.
Council Member Stigney asked whether Council or the EDA should handle this item.
City Attorney Riggs indicated that it should be handled as EDA business.
G. Resolution 5827 Accepting the Annual Financial Report for the Year Ended
December 31, 2001.
Finance Director Hansen indicated that Item F was amending some numbers that appear in this
financial report and it would be appropriate to hold this item over as well.
City Attorney Riggs suggested holding off on this item until Item F is approved.
Finance Director Hansen indicated there was no time issue with holding the two items over to the
first meeting in September.
H. Resolution 5828 Adopting the 2002 Budget of the Police Grants Special Revenue
Fund.
Finance Director Hansen indicated that the City’s general fund and all special revenue funds have
adopted revenue budgets with the exception of the police and he would like to set one up for that
department.
Council Member Marty asked if the revenues and expenditures in the Resolution were for this
year.
Mounds View City Council August 26, 2002
Regular Meeting Page 12
Finance Director Hansen said that most likely there would not be nearly that much in revenue but
there is money in that fund from last year and the expenditures could be between $10,000 and
$20,000.
Council Member Marty commented that the former police chief has said he wanted to create a
pool because a lot of grants require matching funds and he feels the City would miss out on some
grants if those matching funds are not in a pool.
Finance Director Hansen indicated that this money is not available for matching other grants as it
is money from grants. He then said that a pool fund may not be the best idea because Council
should be approving any expenditure of funds for matching purposes.
Mayor Sonterre commented that it would be necessary that Council approve the expenditure of
funds for grant purposes.
Council Member Thomas indicated she has a lot of experience working with grants and there is
always time allowed for the applicant to show matching funds.
Council Member Quick confirmed that the former police chief had the pool idea but he does not
think that Council should go down that road.
MOTION/SECOND: Stigney/Thomas. To Waive the Reading and Approve Resolution 5828, a
Resolution Adopting the 2002 Budget of the Police Grants Special Revenue Fund.
Ayes - 5 Nays – 0 Motion carried.
Mayor Sonterre indicated he would like a motion to table Items F and G to the next Council
meeting.
MOTION/SECOND: Quick/Marty. To Table Resolution 5826 to the First EDA Meeting in
September.
Ayes – 5 Nays – 0 Motion carried.
MOTION/SECOND: Marty/Thomas. To Table Resolution 5827 to the First Council Meeting in
September.
Ayes – 5 Nays – 0 Motion carried.
I. Resolution 5829 Authorizing Interfund Loans for the Year 2002 and Setting an
Interest Rate on Loans.
Finance Director Hansen indicated the City auditors had pointed out that there is a new state
requirement that loans to TIF districts be approved by the City Council in advance of them being
Mounds View City Council August 26, 2002
Regular Meeting Page 13
made and that was the initiative behind this Resolution. He then indicated that the Resolution
does three things. First it takes the interfund loans from 2001 and continues them to 2002;
Second it authorizes a further loan from the community fund to the TIF districts up to $621,000
to be used to meet TIF district obligations in the year 2002; and Third, it sets an interest rate for
all interfund loans at 4.5% for 2002.
Council Member Stigney asked if that is for new loans or a change to existing loans.
Finance Director Hansen indicated that would change the existing loans.
Council Member Stigney questioned how the City could change the interest rate on a loan it has
already given at a fixed rate.
Finance Director Hansen commented that it is a matter of philosophy as there are fixed rate and
variable rate loans and the intent is to address the loans as a variable rate loan that is addressed
from year to year.
Council Member Stigney questioned whether the recipient of the loan would have the right to
complain that the rate is changed or can Council do this.
City Attorney Riggs clarified that Council is talking about internal loans so Council can set the
rate.
Council Member Stigney asked if the EDA should be dealing with this item as it is a TIF district
issue.
Finance Director Hansen indicated it is a City Council issue but the question is whether the EDA
should also take action on it.
City Attorney Riggs advised dealing with the item as both entities.
Mayor Sonterre noted the TIF portion should come back at the next EDA meeting.
Council Member Stigney commented that the City took excess funds out of the TIF funds to be
used within the legislative constraints and now it is being loaned back to the districts and the City
will not have access to it.
Finance Director Hansen indicated the City took the position when it made the transfer of pre-
1997 interest that under state law that was not TIF money. He then indicated that one of the
points of contention with the state auditor is that the state auditor is making the contention that it
still is TIF money and that matter has not reached resolution yet. He further indicated that the
TIF districts should have a surplus in 2003 and be able to begin paying the loan back.
Council Member Stigney asked if it would be paid back within a year.
Mounds View City Council August 26, 2002
Regular Meeting Page 14
Finance Director Hansen indicated it would be two or three years.
Council Member Stigney suggested that before the funds are transferred around the City should
wait for resolution of the state auditor issue.
Finance Director Hansen indicated the TIF districts have a need to borrow the money today. He
then commented that the TIF districts can borrow money more efficiently internally than
externally.
Council Member Stigney commented that once the money is borrowed from the City, the City
has no access to the money until it is paid back.
Council Member Thomas commented that there is a great likelihood of having all of that money
paid back before resolution on the community funds.
Finance Director Hansen said he hesitated to make a prediction but feels that within 12 months
the TIF districts could be paying back.
Council Member Marty indicated that borrowing money internally allows the City to pay itself
back rather than paying an outside entity interest.
Council Member Stigney commented that the City money is earning interest now but once it is
pulled out it is no longer earning interest.
Finance Director Hansen clarified that the money would earn interest either way because the fund
doing the borrowing would pay interest to the fund doing the lending. He also commented that
there are costs associated with originating a loan on the outside.
Council Member Stigney asked how much interest the money is currently earning.
Finance Director Hansen indicated the money is invested in a pool of all City funds with interest
rates that vary depending upon the security purchased. He then said the interest being earned
ranges from 1.5% to 5%.
Council Member Stigney commented that the City cannot loan out the monies in fixed
investments.
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5829, a
Resolution Authorizing Interfund Loans for the Year 2002 and Setting an Interest Rate on Loans.
Council Member Marty commented that the Resolution shows loans to the golf course of
$223,514, $306,800 and $250,000 for a total of $780,342. He then said he only recalls a loan to
the golf course of $250,000.
Mounds View City Council August 26, 2002
Regular Meeting Page 15
Finance Director Hansen indicated the loan from the water fund of $250,000 originated in the
mid 1990’s and the vehicle and equipment fund loan of $306,800 was added in 1999 or so.
Mayor Sonterre noted these were discussed at the work session.
Finance Director Hansen indicated the City needed to reestablish a reserve fund as of the year
2001 and that is the loan from the special projects fund on December 31, 2001 to have cash on
hand as called for in the bond documents.
Council Member Thomas indicated these are including the old loans for a cumulative total of all
loans to the golf course.
Finance Director Hansen clarified that this is all loans up to December 31, 2001.
Ayes – 4 Nays – 1(Stigney) Motion carried.
Council Member Stigney said he does not understand it and cannot support it.
J. Resolution No. 5833 Authorizing the Execution of a Letter of Understanding and
Enter into a Contract with the League of Minnesota Cities for the NPDES Phase II
Storm Water Guide Plan.
Public Works Director Lee indicated that, in an effort to preserve the nations water supply system
the United States Environmental Protection Agency has enacted the NPDES. He then indicated
that Phase I was implemented in the early 1990’s to City’s with populations larger than 100,000
and construction sites of five acres or more. He further explained that NPDES Phase II needs to
be implemented by cities 10,000 and larger and construction sites of one acre or more.
Director Lee indicated the MPCA has applied for a general storm water permit for the whole
state of Minnesota but, under the guidelines, cities with populations of 10,000 or greater need to
comply and develop SWPPP. He then said that the League of Minnesota Cities has agreed to
assist cities with developing plans and explained that the cost to work with the League for the
plans would be $5,000 whereas if the City were to develop the plans themselves the cost estimate
is $50,000 to $60,000.
Council Member Thomas indicated the League has been very helpful to the City and she trusts
them to assist with this project.
Mayor Sonterre indicated he supports the $45,000 cost savings.
MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5833, a
Resolution Authorizing the Execution of a Letter of Understanding and Entering into a Contract
with the League of Minnesota Cities for the NPDES Phase II Storm Water Guide Plan.
Ayes – 5 Nays – 0 Motion carried.
Mounds View City Council August 26, 2002
Regular Meeting Page 16
Mayor Sonterre indicated he needed to step out and requested a five minute recess while the
information for Item 8A is handed out.
Council recessed at 8:50 p.m.
Council reconvened at 8:58 p.m.
8. SPECIAL ORDER OF BUSINESS
A. Resolution 5832 Appointing a Cable Technician
Assistant City Administrator Reed read Resolution 5832.
Council Member Thomas asked if this is Brandon’s replacement.
Assistant City Administrator Reed indicated this would be the replacement for the main position.
Council Member Marty suggested that the Resolution state that the step increases would occur
annually pending satisfactory performance evaluations.
Council Member Thomas indicated that was not necessary because it is in the policy.
Council Member Stigney amended the Resolution to include not more than 20 hours per week.
MOTION/SECOND: Stigney/Marty. To Approve Resolution 5832 as Amended, a Resolution
Appointing a Cable Technician.
Council Member Stigney asked that this person’s first duty be to establish a checklist for
broadcasting to eliminate some of the issues the City has been having.
Assistant City Administrator Reed indicated that she discussed the problems with the individual
and he is aware of what the problem is and will develop a checklist and an incident log.
City Administrator Miller indicated an inventory of equipment and equipment needs was also
discussed.
Mayor Sonterre commented that the former technician had to participate in special activities and,
with the current motion of not to exceed 20 hours per week, he is not sure that there will be time
for special events to be taped.
Assistant City Administrator Reed indicated it was her understanding that the primary
responsibility is to record public meetings and she is not sure there will be time to have the
person at special events.
Mounds View City Council August 26, 2002
Regular Meeting Page 17
City Administrator Miller indicated there was a suggestion made that perhaps those seeking
taping could pay part of the salary.
Mayor Sonterre on occasion DARE graduations were broadcast and the former technician did a
conversation with the Mayor program that is not now being done. He then said that he is
concerned that when the 20 hours are worked the person can do nothing else that week.
Assistant City Administrator Reed indicated that the way the motion has been made the primary
responsibility will be for recording public meetings and there probably will not be time for
broadcasting or taping other events.
City Administrator Miller indicated that Patrick averaged 30 hours per week.
Mayor Sonterre asked whether the Administrative Staff felt the 20 hours was sufficient.
Assistant City Administrator Reed indicated there would be times when things are not done if
Council wants to hold to the 20 hours.
Council Member Stigney commented that CTV has a strong volunteer program and can provide
people to assist the City with recording or broadcasting other events. He then said that the reason
for adding the 20 hour restriction is he feels that part time should not exceed 20 hours.
Council Member Thomas commented that part time can still be part time and exceed 20 hours.
Assistant City Administrator Reed indicated the City uses a 40-hour work week.
City Administrator Miller suggested leaving the 20-hour limitation and Staff will come back to
Council if it is an issue.
Ayes – 5 Nays – 0 Motion carried.
B. Resolution 5831 Approving a Retroactive Compensation Schedule for Kathleen
Miller.
Assistant City Administrator Reed indicated the City Administrator’s performance review was
held on August 5, 2002 and she was rated satisfactory or higher by her supervisors. She then
indicated that Resolution 5831 approves the recommended compensation per her contract and the
City’s personnel policy. She further clarified that the last step increase would be September 18,
2002.
Mayor Sonterre clarified that the cost of living raises were allocated to her.
Assistant City Administrator Reed indicated that the cost of living wages were allocated to her
but based on the lower wage.
Mounds View City Council August 26, 2002
Regular Meeting Page 18
Council Member Stigney commented that the City did 4% for 2003 not 2002.
Assistant City Administrator Reed clarified that the City did 4% for 2002 also.
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5831, a
Resolution Approving a Retroactive Compensation Schedule for Kathleen Miller.
Council Member Stigney asked that the Resolution be read.
Mayor Sonterre read Resolution 5831.
Council Member Marty indicated he has serious concerns as to how the clerk administrator runs
the City and he disagrees with the raise, the evaluation process and this Resolution.
Council Member Marty commented that the Resolution states that she was rated satisfactory or
higher by her supervisors and he did not rate her at either one of these categories. He then asked
if there are copies of the evaluations in the City.
Assistant City Administrator Reed said she did not have a copy.
Council Member Marty commented that these are public documents.
City Attorney Riggs clarified that they are not public documents as this is private personnel data.
Council Member Marty indicated he took exception to Mr. Bremeier reviewing the comments
and giving his version to the City.
Mayor Sonterre commented that the vote would indicate whether a majority of Ms. Miller’s
supervisors rate her performance as satisfactory or higher.
Council Member Marty indicated he wanted to publicly state that he disagrees.
Mayor Sonterre commented that the evaluation document is not public and he does not want it
discussed.
Council Member Marty referenced the synopsis and began to make a comment.
Mayor Sonterre indicated that Council Member Marty was attempting to bring information from
the document into discussion and asked the City Attorney for guidance.
City Attorney Riggs indicated the evaluation has been completed.
Mayor Sonterre indicated that Council Member Marty is attempting to draw analysis from the
evaluation.
Mounds View City Council August 26, 2002
Regular Meeting Page 19
Council Member Quick commented that Council Member Marty is trying to make a private
document public and asked whether that was allowed.
City Attorney Riggs indicated the evaluation has already been done and, if Council wants to
revisit that evaluation, that should be done in closed session.
Mayor Sonterre asked if any excerpts would be private.
City Attorney Riggs indicated it is private personnel data.
Council Member Marty commented that there are 41 votes in this document and 40 votes
possible and there are 5 votes here and there are 41 in the document. He then said that he does
not feel that all of his comments were put in and feels that Mr. Bremeier only placed before
Council the comments he chose.
Council Member Stigney asked if the City Administrator has a contract that supports the
increases listed in the Resolution.
Council Member Stigney asked if when the City hired the City Administrator by contract a
Resolution was adopted.
Assistant City Administrator Reed indicated she was not sure if a Resolution approving the
hiring of the City Administrator was adopted.
Council Member Stigney commented that the contract states she starts at $73,000 then moves to
$75,00 after 6 months and after that there are only cost of living increases. He then said that, if a
Resolution was not adopted outlining the other steps they are inappropriate.
Assistant City Administrator Reed indicated that the Staff report references the City
Administrator’s contract as well as the City’s personnel policy. She then indicated the City’s
policy manual indicates that increases will be given yearly on anniversary dates.
Council Member Stigney commented that is for those hired within the step scale and is specified
by Resolution. He then indicated that the contract is her working document and he sees no
increases other than cost of living after the first year.
Council Member Stigney said he questions how the figures were arrived at if no Resolution was
located. He then said that the contract is signed by the City Administrator, the acting City
Administrator and the Mayor. He further commented that anytime you increase from $73,000 to
$87,965 plus a $300 monthly car allowance and mileage for leaving the metro area he feels it is
completely out of line for a town of 12,600 people.
Council Member Quick said that is your opinion.
Mounds View City Council August 26, 2002
Regular Meeting Page 20
Council Member Stigney commented that the Resolution references that the supervisors rated her
performance as satisfactory or higher and he is not one that rated her satisfactory or higher. He
then said he would not be part of a Resolution supporting something he does not and suggested
that the Resolution specify the count and not include him.
Council Member Thomas clarified that anytime there is language in a contract that says someone
is eligible for salary adjustments as other employees that refers to the adjustments referenced in
the City personnel policy. She then indicated that the contract applies to the first six months and
the policy applies after that and to interpret it in any other way she cannot even see how you go
there.
Council Member Thomas said that any time there is a vote of this Council where there is not
complete agreement it is one voice of the Council once it is done. She then said she has been on
the losing end many times and does not care how often you are or are not on the losing end at the
time when the majority of this Council makes the decision that is the voice of the Council
regardless of what individual members feel and she gets very offended when you say that it is not
the voice of the Council. She also said that she does not mind when someone stands up and says
they disagree but it is inappropriate to say it is not the voice of the Council.
Council Member Stigney said it is not his voice as he is not one that rated her satisfactory or
higher.
MOTION/SECOND: Quick/Sonterre. To Call the Question.
Ayes - 3 Nays – 2(Marty/Stigney) Motion carried.
Council Member Stigney suggested that Roberts Rules of Order requires unanimous approval to
call the question. He then asked if City Attorney Riggs had brought his Roberts Rules of Order.
City Attorney Riggs indicated that he did not have his copy with him and he does not believe that
a unanimous vote is required to call the question.
Council Member Stigney indicated that the City pays the City Attorney to provide guidance on
these matters and asked that from now on he bring his copy of Roberts Rules of Order.
Council Member Quick commented that Roberts Rules of Order does not require unanimous vote
to call the question and indicate the Mayor makes the call.
Ayes – 3 Nays – 2(Marty/Stigney) Motion carried.
Mounds View City Council August 26, 2002
Regular Meeting Page 21
9. REPORTS
A. Dan Coughlin’s Resignation from the Park and Recreation Commission
Mayor Sonterre indicated that Mark Pothin has also resigned from the Park and Recreation
Commission making two vacancies on the Commission.
Mayor Sonterre indicated that Mr. Coughlin was Chair of the Commission and that would mean
that Mike Sczepanski would be moved to Chair and a new Vice Chair appointed.
B. Schedule Date for Canvassing of Election Results
Assistant City Administrator Reed indicated that state law requires the election results to be
canvassed within 48 hours. She then asked if Council wished to do so on September 11, 2002 or
September 12, 2002.
Consent was reached to schedule the canvassing for September 12, 2002 at 6:00 p.m.
Assistant City Administrator Reed indicated that the golf course manager had asked that Council
come to the golf course for a tour prior to the next work session. She then indicated that Council
should meet at the golf course at 5:00 p.m.
City Administrator Miller indicated there was a Police Civil Service Commission meeting earlier
this evening and there was a unanimous recommendation to advertise to fill the police chief
vacancy.
MOTION/SECOND: Marty/Thomas. To Authorize Staff to Advertise to Fill the Police Chief
Vacancy.
Council Member Stigney asked if that meeting was broadcast.
City Administrator Miller indicated it was taped.
Council Member Stigney asked why the meeting was not broadcast.
City Administrator Miller indicated the City has never broadcast that meeting.
Ayes – 5 Nays – 0 Motion carried.
Council Member Marty asked where the City stands on making retribution or paying Chuck
Chisholm for back pay.
Assistant City Administrator Reed indicated she had sent a letter to AFSCME on July 30, 2002
offering a proposal for this person for back pay but had received no response so she has prepared
Mounds View City Council August 26, 2002
Regular Meeting Page 22
another letter that will go out tomorrow asking for a counterproposal if they disagree with the
City’s offer.
Mayor Sonterre asked Staff to keep Council up to date on this matter.
Assistant City Administrator Reed also mentioned that AFSCME is encouraging the City to offer
a specific wage proposal to compensate at a specific step but the City’s position is that they have
not done that in the past and only offered a range. She further commented that she is not aware
of anything in state statute that would require the City do as requested by AFSCME.
Council Member Quick suggested in light of the fact that the police chief position is going to be
advertised, the City hold off on reorganizing the police department and allow the new chief to
determine the needs and structure of the department.
Mayor Sonterre indicated he agreed as the City did that with the golf course.
MOTION/SECOND: Quick/Marty. To Hold Off on the Reorganization of the Police
Department Until the Police Chief is Hired.
Ayes – 5 Nays – 0 Motion carried.
10. APPROVAL OF MINUTES
A. Minutes for August 12, 2002
Council Member Marty requested the following changes: On Page 3 add to last paragraph “and
that he agreed with Council Member Stigney that a citizen of the United States is a citizen.” On
Page 6 he wanted to note that asked under just and correct claims for 108918, 108924, and
clarification of pencils for 189.00 he has not received an answer. On page 11 under council
business after motion/second second add “he also commented that no minutes for the year 2002
are on the website.” And the last line it starts there are to be copies at the library and insert “in
reality that the City Council meeting minutes are also to be at the library and that is not
happening either.”
Council Member Stigney requested the following change: On Page 3 third sentence change the
comment to include “because Mounds View does not grant citizenship.”
Mayor Sonterre requested the following change: On Page 4, top paragraph indicated he had
seconded the motion because he thought it would make for good discussion and it had, however
he would vote not to deny Mr. Hammerschmidt.
Mayor Sonterre asked Staff to determine if the allegations made by Mr. Hammerschmidt of
damage at his residence can be confirmed.
Mounds View City Council August 26, 2002
Regular Meeting Page 23
City Administrator Miller indicated the City does not have an address for Mr. Hammerschmidt,
only a personal mailbox address.
Council Member Thomas clarified that the vandalism to the van happened in the golf course
parking lot and there is a report.
City Administrator Miller clarified that the van was being stored at the golf course and had been
stored at the golf course for a number of years without Council authorization.
MOTION/SECOND: Thomas/Stigney. To Approve the Minutes of the City Council for August
12, 2002 as Amended.
Ayes – 5 Nays – 0 Motion carried.
11. CLOSED SESSION
A. Pending Litigation
Council recessed to closed session at 9:43 p.m.
12. Next Council Work Session: Monday, September 3, 2002
Next Council Meeting: Monday, September 9, 2002
13. ADJOURNMENT
Mayor Sonterre adjourned the meeting at _______ p.m.
Transcribed and recorded by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.
Item 06E
Resolution 5838
September 9, 2002
RESOLUTION NO. 5838
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution 5838 Authorizing David Longville to Continue to
Serve as Golf Course Manager on an Interim Basis
WHEREAS, David Longville has resigned from his position as Golf
Course Manager at The Bridges effective September 9, 2002; and
WHEREAS, Mr. Longville has proposed to continue working for the
City 10-12 hours per week until such time as a new Golf Course Manager has been
hired.
NOW, THEREFORE, BE IT RESOLVED that David Longville will
continue to work for The Bridges as an independent contractor for 10-12 hours per
week until such time as a new Golf Course Manager is hired or until either party
cancels this arrangement in writing; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that Mr. Longville
will be compensated at $30.14 per hour (current rate of pay) and there will be no
benefits associated with this position; and
NOW, THEREFORE, BE IT FINALLY RESOLVED that this
arrangement is effective September 10, 2002.
Adopted this 9th day of September, 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
Item No: 7A
Meeting Date: Sept 9, 2002
Type of Business: PH & Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Public Hearing, Second Reading and Adoption of
Ordinance 702, an Ordinance Approving the Rezoning
of 2404 County Road 10 from PUD to B-3
Background:
Tony Jacob and Rob Jacob, owners of the Jake’s Sports Café at 2400 County Road 10,
have applied to rezone the vacant lot adjacent to Jake’s for overflow parking. Originally
addressed as 2404 County Road 10, the parcel is currently zoned PUD, Planned Unit
Development, and had been designated for a small office development. The proposed
zoning of the parcel is B-3, Highway Business, to match the existing zoning of the Jake’s
Sports Café.
The City Council approved the first reading of the attached ordinance 701 on August 26,
2002, at the same time as it approved the development review for the parking lot expansion.
The Planning Commission has recommended approval of the rezoning.
Discussion:
On July 22, 2002, the City Council adopted Resolution 5802 which approved the removal of
the subject parcel from the Theater PUD. One of the conditions to that resolution was the
Jacobs were to apply for and receive approval of a rezoning for the subject parcel from
PUD to B-3, the zoning of the existing Jake’s parcel.
In order to approve a rezoning for a property or properties, the Council must find that the
requested zoning designation would be consistent with the City’s Comprehensive Plan and
would not be detrimental to the neighborhood or adversely affect any adjoining properties.
Regarding the first criteria, the request would not be inconsistent with the Future Land Use
Map of the Comprehensive Plan, which designates the area as Mixed Use PUD. The B-3
zoning district is consistent with the Mixed Use PUD designation. Regarding the second
criteria, staff is of the opinion that the rezoning to a commercial business designation would
not be detrimental to the neighborhood in that no development other than the parking lot is
being considered. The existing zoning would have permitted an 11,000 square foot office
building in addition to parking.
Recommendation:
Approve the second reading of Ordinance 702. (This is a Roll Call Vote)
_____________________________________
James Ericson
Community Development Director
763-717-4021
Zoning Map
Jake’s Site Plan
ORDINANCE NO. 702
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE APPROVING A REZONING OF 2404 HIGHWAY 10, A PARCEL
NOW ASSOCIATED WITH JAKE’S SPORTS CAFÉ OF MOUNDS VIEW, FROM
PLANNED UNIT DEVELOPMENT (PUD) TO HIGHWAY BUSINESS (B-3)
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. Appendix A of the Mounds View Municipal Code entitled “Specific
Rezonings” is hereby amended to include reference to the following Ordinance 702.
Subdivision 1. Purpose. The Mounds View City Council has determined that to
further economic development and organized land use controls that the present zoning
classification of certain parcels should be reclassified to be consistent with the Mounds
View Zoning Code and the proposed Mounds View Comprehensive Plan.
Subdivision 2. The Mounds View City Council has determined that there would
be no adverse effects to adjoining properties resulting from the rezoning and that the
rezoning would not be detrimental to the community at large.
Subdivision 3. Accordingly, the Mounds View City Council approves the rezoning
and directs that the City’s official Zoning Map and the zoning classification for the
following described parcel be amended as follows:
Parcel Legal Description Existing Zoning
Designation
New Zoning
Designation
Lot 2, Block 1
Anthony Properties Addition
County of Ramsey
PUD B-3
and as shown on the map attached Exhibit A.
SECTION 2. This ordinance is effective thirty days after its publication.
First read and introduced by the City Council of the City of Mounds View this 26th
day of August, 2002.
Second reading and adoption by the City Council of the City of Mounds View on
this 9th day of September, 2002.
_______________________________________
Richard Sonterre, Mayor
ATTEST
_______________________________________
Kathleen Miller, City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
_______________________
Scott Riggs, City Attorney
Motion:
Second:
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
Ordinance was adopted ____ votes to ____ .
N:\DATA\GROUPS\COMDEV\Development Cases\ZC02-005, DE02-005 (Jake's Sports Cafe')\Ordinance 702- Rezoning.doc
EXHIBIT A
Area Approved for Rezoning
Previous Zoning: Planned Unit Development (PUD)
Proposed Zoning: Highway Business (B-3)
Legal Description:
Lot 2, Block 1, Anthony
Properties Addition,
Ramsey County
COUNTY ROAD H2
Jake’s
Sports
Cafe
N
Area to be
Rezoned
Item No: 7B
Meeting Date: September 9, 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 & City Council
From: Jim Atkinson, Planning Associate
Item Title/Subject: Second Reading and Adoption of Ordinance
701, an Ordinance Amending Section 1106.04
Subd. 6(b) of the Mounds View Zoning Code
Pertaining to Accessory Structures
Date of Report: September 3, 2002
Background
Earlier this year, the Planning Commission recommended approval of an amendment to
the maximum square footage requirements for accessory structures. Based on the
Planning Commission recommendation, the City Council approved the amendment on
March 25, 2002, increasing the maximum area allowed for accessory structures from 1,400
to 1,800 square feet.
Since Council approval, however, an inconsistency was discovered with a similar provision
in a different Section of the Zoning Code. Proposed Ordinance 701 (included with this
report) would merely remove the inconsistency while not changing the intent of Ordinance
693 already approved by the City Council.
Discussion
The City Code, Section 1106.04, Subd. 6(b) currently reads as follows:
The combined square footage of all accessory buildings on one (1) lot cannot exceed
one thousand four hundred (1,400) square feet.
Staff recommends that this Section be changed to:
The combined square footage of all accessory buildings on one (1) lot cannot exceed
one thousand eight hundred (1,800) square feet.
Changing the maximum square footage allowed to 1,800 in this Section would be
consistent with Section 1106.03, Subd. 1(a), which was approved by the Council on March
25, 2002. This ordinance would not change the intent of what was approved earlier this
year, it would merely make the Zoning Code consistent in its regulation of accessory
structures.
Recommendation
The Council may adopt Ordinance 701.
Jim Atkinson
Planning Associate
Attachments
Resolution 702-02
Ordinance 701
N:\DATA\GROUPS\COMDEV\Special Projects\SP-107-02 (Zoning Code, Accessory Building Sq.
Ftg.)\Council Report (August 26) acc structures.doc
ORDINANCE NO. 701
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 1106.04 SUBD. 6(b) OF THE MOUNDS VIEW
CITY CODE PERTAINING TO ACCESSORY STRUCTURES
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1: Section 1106.06 of the Mounds View Zoning Code is hereby
amended with the proposed additions underlined and the proposed deletions struck out,
to read as follows:
1106.04, Subd. 6(b)
The combined square footage of all accessory buildings on one (1) lot cannot exceed one
thousand four eight hundred (1,400) (1,800) square feet.
SECTION 2. This Ordinance becomes effective thirty (30) days after its
publication in the official City newspaper.
Read by the City Council of the City of Mounds View on this 26th day of August,
2002.
Read and passed by the City Council of the City of Mounds View this 9th day of
September, 2002.
Rich Sonterre, Mayor
ATTEST:
________________________________
Kathleen Miller, Clerk / Administrator
(SEAL)
APPROVED AS TO FORM:
_________________________
City Attorney
Motion:
Second:
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
Item No. 7C
Type of Business: PH
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: Public Hearing, First Reading, and Consideration
of Ordinance 703 Implementing a Franchise Fee
on Xcel Energy Electric and Natural Gas
Operations within the City of Mounds View for the
Year 2003
Date of Report: September 5, 2002
Attached is an ordinance to receive a first reading at a Public Hearing on
Monday, September 9, 2002. A notice of the Public Hearing was published in the
August 29, 2002 edition of the Focus News.
This ordinance continues the agreement with Xcel Energy under which Xcel
Energy will collect a franchise fee in the amount of 4% of Xcel’s electric and
natural gas gross operating revenues for services within the City of Mounds View
during the year 2003.
Ordinance 518 passed on October 13, 1992 originally enacted the franchise
agreement. It provides that the City may impose a franchise fee of not more than
4% of Xcel’s gross operating revenues at any time during the 20-year term of the
franchise. The 20-year term runs from 1993 through 2012 and the franchise fee
was first collected in 1993. A sunset provision in the ordinance requires it to be
re-enacted each year.
Franchise fees of $190,000 for the General Fund and $190,000 for the Street
Improvement Fund are included in the draft 2003 budget. Enactment of the
ordinance is essential to preserving this revenue source and balancing the 2003
budget.
The ordinance will be brought back to the City Council for second reading and
adoption at the September 23, 2002 meeting. It will then be published in the
Focus News and take effect 30 days after publication.
Respectfully Submitted,
Charles Hansen
ORDINANCE NO. 703
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON XCEL
ENERGY ELECTRIC AND NATURAL GAS OPERATIONS
WITHIN THE CITY OF MOUNDS VIEW FOR THE YEAR 2003
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby
amended to include reference to the following Special Ordinance.
Subdivision 1. Purpose. The Mounds View City Council has determined
that it is in the best interest of the City to impose a franchise fee on those public
utility companies that provide natural gas and electric services within the City of
Mounds View.
a. Pursuant to City Ordinance No. 517 and Ordinance No. 518, which
are the Franchise Agreements (“Franchise Agreements”) between the City
of Mounds View (the “City”) and Xcel Energy (formerly Northern States
Power Company), a franchise fee of not more than four (4.0) percent of
Xcel Energy’s gross operating revenues may be imposed by the City at
any time during the 20 year term of the Franchise. The franchise fee is
paid as full compensation for the rights to transmit and furnish electric
energy for light, heat, power and import, transport, sell and distribute
natural gas for heating, illuminating and other purposes as outlined in
Section 2 of Ordinance Nos. 517 and 518.
Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on
Xcel Energy under its electric and natural gas Franchise Agreements in the
amount of four (4.0) percent of Xcel Energy’s gross revenues, as defined in
Section 4.2 of the Franchise Agreements, commencing with Xcel Energy’s
January 2003 billing month.
Subd. 3. Payment. The said franchise fee shall be payable to the City in
accordance with the terms set forth in Section 4 of the Franchise Agreements.
Subd. 4. Surcharge. The City recognizes that the Minnesota Public
Utilities Commission requires each said utility company to add to its effective
rates for the utility service on which the public utility gross earnings fee is
imposed, a surcharge to reimburse such utility company for the cost of the fee.
Subd. 5. Proof of Company Gross Revenues. Xcel Energy shall make
each payment when due and shall quarterly furnish a complete and correct
statement of gross revenues for said quarter. Xcel Energy shall permit the City
and its designated representative free access to the company’s records for the
purpose of verifying such statements.
Subd. 6. Enforcement. Any dispute, including enforcement of a default
regarding this ordinance will be resolved in accordance with the Franchise
Agreements.
Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective
date of this ordinance and notwithstanding any contrary provisions in Section 4 of
the Franchise Agreements, the effective date of the fee collected under
Subdivision 2 of this ordinance is the later of ten (10) days after the publication
and after the sending of written notice enclosing a copy of this adopted ordinance
upon Xcel Energy by certified mail.
Subd. 8. Sunset Clause. This ordinance shall automatically sunset on
December 31, 2003.
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Mounds View this ___ day of
______________, 2002.
Read and passed by the City Council of the city of Mounds View this ____ day of
______________, 2002.
_____________________________________
Rich Sonterre, Mayor
_____________________________________
Kathleen F. Miller, City Clerk-Administrator
APPROVED AS TO FORM:
_____________________________
City Attorney
Item No. 7D
Type of Business: PH
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: Public Hearing, First Reading, and Consideration
of Ordinance 704 Implementing a Franchise Fee
on Reliant Energy Natural Gas Operations within
the City of Mounds View for the Year 2003
Date of Report: September 5, 2002
Attached is an ordinance to receive a first reading at a Public Hearing on
Monday, September 9, 2002. A notice of the Public Hearing was published in the
August 29, 2002 edition of the Focus News.
This ordinance continues the agreement with Reliant Energy under which Reliant
Energy will collect a franchise fee in the amount of 4% of Reliant’s natural gas
gross operating revenues for services within the City of Mounds View during the
year 2003.
Ordinance 625 passed on June 28, 1999 originally enacted the franchise
agreement. It provides that the City may impose a franchise fess of not more
than 4% of Reliant’s gross operating revenues at any time through July 1, 2019.
The franchise fee was first collected in 2001. A sunset provision in the ordinance
requires it to be re-enacted each year.
Franchise fees collected under this agreement are minimal due to Reliant
Energy’s small customer base within the City of Mounds View. Enactment of the
ordinance is important to maintain equity in relation to the City’s treatment Xcel
Energy.
The ordinance will be brought back to the City Council for second reading and
adoption at the September 23, 2002 meeting. It will then be published in the
Focus News and take effect 30 days after publication.
Respectfully Submitted,
Charles Hansen
ORDINANCE NO. 704
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON
RELIANT ENERGY NATURAL GAS OPERATIONS WITHIN THE
CITY OF MOUNDS VIEW FOR THE YEAR 2003
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby
amended to include reference to the following Special Ordinance.
Subdivision 1. Purpose. The Mounds View City Council has determined
that it is in the best interest of the City to impose a franchise fee on those public
utility companies that provide natural gas and electric services within the City of
Mounds View.
a. Pursuant to City Ordinance No. 625, a Franchise Agreement
between the City and Reliant Energy (formerly Minnegasco), the City has
the right to impose a franchise fee of not more than four (4) percent on
Minnegasco in amount and fee designs as set forth in Section 4.1 of the
Minnegasco Franchise.
Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on
Reliant Energy under its natural gas Franchise in the amount of four (4.0) percent
of Reliant Energy’s gross revenues, as defined in Section 4.1 of the Franchise
commencing with Reliant Energy’s January 2003 billing month.
Subd. 3. Payment. The said franchise fee shall be payable to the City in
accordance with the terms set forth in Section 4.4 of the Franchise.
Subd. 4. Surcharge. The City recognizes that the Minnesota Public
Utilities Commission requires each said utility company to add to its effective
rates for the utility service on which the public utility gross earnings fee is
imposed, a surcharge to reimburse such utility company for the cost of the fee.
Subd. 5. Proof of Company Gross Revenues. Reliant Energy shall make
each payment when due and shall quarterly furnish a complete and correct
statement of gross revenues for said quarter. Reliant Energy shall permit the
City and its designated representative free access to the company’s records for
the purpose of verifying such statements.
Subd. 6. Enforcement. Any dispute, including enforcement of a default
regarding this ordinance will be resolved in accordance with the Franchise
Agreement.
Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective
date of this ordinance and notwithstanding any contrary provisions in Section 4 of
the Franchise, the effective date of the fee collected under Subdivision 2 of this
ordinance is the later of ten (10) days after the publication and after the sending
of written notice enclosing a copy of this adopted ordinance upon Reliant Energy
by certified mail.
Subd. 8. Sunset Clause. This ordinance shall automatically sunset on
December 31, 2003.
SECTION 2. This ordinance takes effect as provided herein.
Read by the City Council of the City of Mounds View this _____ day of
____________, 2002.
Read and passed by the City Council of the city of Mounds View this ____ day of
___________, 2002.
_____________________________________
Rich Sonterre, Mayor
_____________________________________
Kathleen F. Miller, City Clerk-Administrator
APPROVED AS TO FORM:
_____________________________
City Attorney
Item No. 7E
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Resolution Establishing Public Hearing Dates for the
Proposed General Fund Budget & Property Tax Levy for
the Fiscal Year 2003
Date of Report: September 5, 2002
The State of Minnesota has set up Truth in Taxation Public Hearing and Publication
requirements for local governments to insure public knowledge of and participation in
the budget process. For the year 2003, the State granted an exemption from these
requirements for local governments whose percentage increase in their tax levy is less
than the implicit price deflator (0.7618%).
The State of Minnesota also has set the levy limitation laws which limit the increase in
property tax levies by local governments. Due to an increase in the certified Local
Government Aid for 2003, the City of Mounds View’s maximum property tax levy for
2003 will be a decrease from its actual 2002 property tax levy.
This appears to make the City of Mounds View exempt from Truth in Taxation Public
Hearing and Publication requirements for the 2003 property tax levy.
Truth in Taxation Public Hearing and Publication requirements were suspended last
year for a different reason. The City Council elected to substantially comply with the
requirements anyway. At the September 3, 2002 work session, the City Council
indicated that it intends to again substantially comply with the requirements.
Attached is Resolution 5840 that sets public hearing dates for the proposed General
Fund Budget and property tax levy for the year 2003.
A public hearing will be held at 6:00 P.M. on Monday, December 2, 2002 to take public
input on the proposed budget and property tax levy. The budget and property tax levy
will be adopted at the regular City Council meeting at 7:00 P.M. on Monday, December
9, 2002. A legal notice will publicize the public hearing rather than the advertisement
called for by the requirements.
Respectfully Submitted,
Charles Hansen
MOUNDS VIEW CITY COUNCIL
RESOLUTION NO. 5840
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ESTABLISHING PUBLIC HEARING DATES FOR THE PROPOSED
GENERAL FUND BUDGET AND PROPERTY TAX LEVY FOR FISCAL YEAR 2003
WHEREAS, the City of Mounds View is exempt from the truth in taxation law
requiring cities to hold public hearings to adopt their final General Fund Budget and
Property Tax Levy for the 2003 budget process; and
WHEREAS, the Mounds view City Council feels it important and beneficial for
Mounds View residents to have an opportunity to make comment on the 2003 proposed
budget and property tax levy and wishes to hold a public hearing even though it is not
required; and
WHEREAS, at least two business day (not more than six) before the initial public
budget hearing, the City of Mounds View must publish a legal notice in the official
newspaper of general circulation which includes the hour, date and place of the hearing,
and a statement inviting all citizens to attend and participate in the hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Mounds View, Minnesota, that the public hearing for the proposed General Fund Budget
and Property Tax Levy for fiscal year 2003 will be held on Monday, December 2, 2002
at 6:00 p.m. at Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota
55112; and
BE IT FURTHER RESOLVED that the adoption of the final General Fund Budget
and Property Tax Levy for fiscal year 2003 will be held on December 9, 2002 at 7:05
p.m. at Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112.
BE IT FURTHER RESOLVED that the publication of the notice of the public
hearing shall be in the form of a legal notice rather than an advertisement.
Adopted this 9th day of September 2002.
ATTEST: ________________________________
Richard Sonterre, Mayor
Resolution 5840
September 9, 2002
Page 2
SEAL:
________________________________
Kathleen F. Miller, City Administrator
Motion by:
Second by:
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
Item No. 7G
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Resolution Accepting the Annual Financial Report
for the Year Ended December 31, 2001
Date of Report: September 5, 2002
Attached is Resolution 5827 that accepts the Annual Financial Report for the year
ended December 31, 2001.
This was reviewed at the August 19, 2002 City Council work session. The review
included the financial analysis and management suggestions included in the
Management Letter from Malloy, Montague, Karnowski, Radosevich, & Co., P.A.
Respectfully Submitted,
Charles Hansen
RESOLUTION NO. 5827
ACCEPTING THE ANNUAL FINANCIAL REPORT
FOR THE YEAR ENDED DECEMBER 31, 2001
CITY OF MOUNDS VIEW
County of Ramsey
State of Minnesota
WHEREAS, the city staff has prepared an Annual Financial Report for the
City of Mounds View for the year ended December 31, 2001, and
WHEREAS, the firm of Malloy, Montague, Karnowski, Radosevich, & Co.,
P.A. was appointed by the City Council to audit this report and they have issued
the Management Letter and Special Purpose Audit Reports regarding the Annual
Financial Report, and
WHEREAS, the City Council reviewed these reports at an August 19, 2002
work session, and
WHEREAS, Note III D on page 25 of the Annual Financial Report lists loans
between city funds.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View that the annual financial report for the year ended December 31,
2001 is hereby accepted.
BE IT FURTHER RESOLVED that interfund receivables and payables
between the funds and in the amounts identified in the Annual Financial Report
are approved by the City Council.
Passed and adopted this 9th day of September 2002.
ATTEST:
________________________________
Richard Sonterre, Mayor
(SEAL)
________________________________
Kathleen F. Miller, City Administrator
Resolution No. 5827
September 9, 2002
Page 2
Motion by:
Second:
Sonterre:
Stigney:
Marty:
Thomas:
Quick:
Item No. 7H
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Resolution Authorizing Certification of the
Proposed General Fund Budget & Property Tax
Levy for the Fiscal Year 2003
Date of Report: September 5, 2002
Attached is Resolution 5837 that approves the proposed General Fund Budget
and preliminary property tax levy for the year 2003. The preliminary property tax
levy will be certified to Ramsey County for use in the Truth in Taxation notices
mailed to property owners in November.
The preliminary property tax levy is the maximum allowed under the State of
Minnesota levy limitation law. Later in the budget process, the City Council may
lower the property tax from the amount established here. However, if the
property tax approved now is less than the maximum allowed by the levy
limitation law, the City Council will not have the option of raising it later.
The City Council has the authority to change or adjust all other amounts in the
budget between now and the time of its final adoption in December.
Respectfully Submitted,
Charles Hansen
MOUNDS VIEW CITY COUNCIL
RESOLUTION NO. 5837
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING CERTIFICATON OF THE PROPOSED
GENERAL FUND BUDGET AND PROPERTY TAX LEVY FOR FISCAL YEAR
2003
WHEREAS, current State Statute requires cities to certify a proposed
budget and tax levy to the county auditor; and
WHEREAS, guidelines established by the Commissioner of Revenue
require certification to occur on or before September 16, 2002; and
WHEREAS, the Department of Revenue has certified Local Government
Aid (LGA) payable in Fiscal year 2003; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Mounds View, Minnesota, that the proposed budget for the General Fund for
Fiscal year 2003 is $4,913,912; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that the proposed
2003 General Fund levy is $2,543,290 and the 1997 Fire Bond levy is $65,658,
for a total net levy of $2,608,948: and
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Mounds View
City Council that this resolution represents a good faith effort by the City of
Mounds View to substantially comply with all applicable laws and guidelines
established by the State Legislature and Commissioner of Revenue.
Adopted this 9th day of September 2002.
ATTEST: ________________________________
Richard Sonterre, Mayor
SEAL:
________________________________
Kathleen F. Miller, City Administrator
Resolution 5837
September 9, 2002
Page 2
Motion by:
Second by:
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
Item 08A
City Council Meeting
September 9, 2002
RESOLUTION NO. 5818
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING PETER SZUREK TO A
VACANCY IN THE PARKS DEPARTMENT
WHEREAS, staff was given direction to fill a vacancy in the Parks Department; and
WHEREAS, Article 16 of the Labor Agreement between the City of Mounds View and the Public
Works Department states that “permanent job vacancies within the department shall be filled based on
the concept of promotion from within provided that applicants: have the necessary qualifications to meet
the standards of the job vacancy and have the ability to perform the duties and responsibilities of the job
vacancy; and
WHEREAS, said vacancy was published internally and interest in the position was expressed by
Peter Szurek, who currently works in Public Works Maintenance; and
WHEREAS, the Public Works Director and Assistant City Administrator have met with Mr. Szurek
to discuss his interest and qualifications, as well as expectations for the position; and
WHEREAS, the Public Works Director and Assistant City Administrator are recommending that
Mr. Szurek be appointed to fill the vacancy in the Parks Department.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby appoint
Peter Szurek to the vacancy in the Parks Department effective September 10, 2002; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that compensation adjustments will not occur
at this time but will occur according to the provisions of the Labor Agreement; and
NOW, THEREFORE, BE IT FINALLY RESOLVED that the City Council directs staff to fill the
vacancy left by Mr. Szurek in Public Works Maintenance.
Adopted this 9th day of September, 2002.
ATTEST:
Richard Sonterre, Mayor
SEAL
Kathleen F. Miller, City Administrator
Motion by:
Second by:
Sonterre
Quick
Stigney
Marty
Thomas