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HomeMy WebLinkAboutAgenda Packets - 2001/11/13M:\MasterFiles\1999 thru 2010\2001\City Council\Council Packets\11-13-2001 Council\Agenda -- November 13, 2001.doc CITY OF MOUNDS VIEW COUNCIL AGENDA TUESDAY, NOVEMBER 13, 2001 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas 3. APPROVAL OF AGENDA 4. PUBLIC INPUT: A. 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. UNFINISHED BUSINESS 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution 5609 Approving Restaurant, Amusement and Tobacco Licenses for Jakes Sports Café at 2400 NE Highway 10-Reed D. Resolution 5648, a Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act – Ericson E. Resolution 5644, A Resolution Approving an Amendment to Resolution 5522, Approving a Development Review for an Office Building at 7664 Greenfield Avenue, Planning Case DE00-002 – Ericson F. Resolution 5624 Reclassifying the Senior Clerk Typist Position to Full-time G. Resolution 5644 Approving the Adoption of a Meeting Schedule for Annual Review of the City Emergency Operations Plan- Brennan H. Resolution 5645 Approving Extra Duty Pay for Certain Public Works and Golf course Personnel-Reed I. Resolution 5646 Creating a Full-time Building Official/Fire Marshal/Fire Fighter Position Within the City of Mounds View-Reed J. Resolution 5647 Fire Fighter Declaration for the Building Official Position 7. COUNCIL BUSINESS 7:05 PM A. Public Hearing to Consider Resolution 5610 Approving Intoxicating Liquor and Sunday Sales Licenses for Jake’s Sports Café at 2400 NE Highway 10 7:10 PM B. Public Hearing and Consideration of Resolution 5640, a Resolution Approving a Preliminary Plat for the Gustafson’s Fifth Addition Major Subdivision – Atkinson M:\MasterFiles\1999 thru 2010\2001\City Council\Council Packets\11-13-2001 Council\Agenda -- November 13, 2001.doc City of Mounds View Council Meeting, November 13, 2001 Page –2- C. Introduction and First Reading of Ordinance 690, an Ordinance Amending Chapter 1001.02 of the Municipal Code (Building Code) Relating to Work Requiring a City License – Ericson 7:15 PM D. Public Hearing for the Second Reading and Adoption of Ordinance 687 Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2002 – Hansen 1. Second Reading and Adoption of Ordinance 2. Vote: Marty, Thomas, Stigney, Quick, Sonterre 7:20 PM E. Public Hearing for the Second Reading and Adoption of Ordinance 688 Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2002 – Hansen 1. Second Reading and Adoption of Ordinance 2. Vote: Stigney, Marty, Quick, Thomas, Sonterre 8. SPECIAL ORDER OF BUSINESS 9. REPORTS A. Report on a Proposed Change in the Accrual and Usage of Vacation Time for Police Officers - Hansen 10. APPROVAL OF MINUTES A. October 8, 2001 11. CLOSED SESSION TO DISCUSSED THREATENED/POTENTIAL LITIGATION 12. Next Council Work Session: December 3, 2001 Next Council Meeting: November 26, 2001 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: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Approve Just and Correct Claims Date of Report: November 8, 2001 Attached are two versions of the Just and Correct Claims List. First is the version that you have been receiving, know as the summary claims list. Second is the detail claims list. The summary claims list is eight pages long, about average for this report. It provides a single line of detail for each check listing the check number, vendor name, description, and total dollar amount. The advantage of this claims list is that it is relatively concise, yet provides an overview of disbursements. Shortcomings of the summary claim list are that many checks have multiple lines of detail and the description from the last line of detail is picked up for the claim list. The last description may not be representative of most of the items on the check. The detail claims list is thirty-two pages long, again, about average for this report. It lists every line of detail input for each check with a description for that line. This way it avoids the confusion sometimes caused by the way the summary claims list handles checks with multiple lines of detail. However, it loses any semblance of being concise. It may be more detail than the City Council wishes to see. Both versions of the claims list will be provided to the City Council this meeting and next meeting, and then the City Council can chose the version it wants to continue receiving. Respectfully Submitted, Charles Hansen Item No. 6B 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: November 13, 2001 Please consider the following contractor licenses for approval. The licenses listed will expire on December 31, 2001. All applicants have submitted appropriate fees and proof of insurance. Licenses are noted with a “New” or “Renewal” after the company name. Those licenses defined as “new” include all 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 2000. Those defined as “renewal” were licensed in the year 2000. GENERAL (COMMERCIAL) Morton Buildings, Inc. – New HVAC Architect Mechanical - New SEWER/WATER Olson’s Sewer Service, Inc. – New SIGN DeMars Signs, Inc. Staff Recommendation: Approve license application as requested. RESOLUTION 5609 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Approving Business Licenses for Mounds View Jake’s, Inc. dba Jake’s Sports Café WHEREAS, all City of Mounds View businesses wishing to operate certain types of businesses must apply to the City for business licenses; and WHEREAS, Mounds View Jake’s, Inc. dba Jake’s Sports Café has applied for restaurant, amusement and tobacco licenses; and WHEREAS, Mounds View Jake’s, Inc. dba Jake’s Sports Café has submitted the proper paperwork and fees and has received the necessary approvals from various City departments and outside organizations, and WHEREAS, all City of Mounds View business licenses must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve amusement, tobacco and restaurant licenses for Mounds View Jake’s, Inc. dba Jake’s Sports Café; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the licensing period shall be from November 14, 2001-June 30, 2002. Adopted this 13th day of November, 2001. Richard Sonterre, Mayor ATTEST Kathleen Miller, City Administrator SEAL Motion by: Thomas Second by: Quick Sonterre Aye Quick Aye Marty Aye Stigney Aye Thomas Aye Item No: 6D Meeting Date: November 13, 2001 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: James Ericson, Community Development Director Item Title/Subject: Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act Date of Report: October 29, 2001 Background: Mounds View has participated in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act since 1997. Each year each metropolitan community must decide whether or not to continue in the program. Each community must annually pass a resolution in support of the program. In addition, each city must also demonstrate that they have spent on affordable housing initiatives an amount at least 85% of the Affordable and Life Cycle Housing Amount (ALHOA) calculated by the Metropolitan Council each year. Mounds View’s calculated ALHOA obligation is $1,006.49, which the City will exceed by through its expenditures regarding code enforcement, the Housing Resource Center, and its housing inspection programs. Participation in the program allows the City access to funding accounts set up by the Metropolitan Council. These include the Tax Base Revitalization Account, Livable Communities Demonstration Program, the Local Housing Incentives Account and Local Planning Assistance Grants and Loans. Mounds View and the North Metro 35W Coalition have received grants through participation in this program. Attached is Resolution No. 5648 supporting the Livable Communities Act and stating that the City of Mounds View will continue to participate in the program. Recommendation: Staff recommends that the City Council approve Resolution No. 5481 supporting the Livable Communities Act and stating that the City of Mounds View will continue to participate in the program. _____________________________________ James Ericson Community Development Director 763-717-4021 C:\WINNT\Profiles\Jime\Favorites\City Council Stuff\2001 Livable Communities Report - Nov 12, 2001.doc RESOLUTION NO. 5648 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ELECTING TO CONTINE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 2002 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and, WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and, WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Funds or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and, WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and, WHEREAS, Mounds View has identified to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and, WHEREAS, the Metropolitan Council has adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for Mounds View; and, WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 or each year; and, Resolution 5642 Page 2 WHEREAS, for calendar year 2002, a metropolitan area municipality that participated in the Local Housing Incentives Account Program during the calendar year 2001, can continue to participate under Minnesota Statutes section 473.254 if (a) the municipality elects to participate in the Local Housing Incentives Program by November 15, 2001; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality. NOW, THEREFORE, BE IT RESOLVED THAT the City of Mounds View, having satisfied all of the above requirements and having designated expenditures well in excess of its calculated ALHOA obligation, does hereby elect to continue to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2002. Adopted this 13th day of November, 2001. ____________________________________ Richard Sonterre, Mayor ATTEST: ____________________________________ Kathleen F. Miller, City Clerk/Administrator (SEAL) C:\WINNT\Profiles\Jime\Favorites\City Council Stuff\Resolution 5643 - Livable Communitie Act 2002.doc RESOLUTION NO. 5624 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECLASSIFYING THE SENIOR CLERK TYPIST POSITION TO A FULL-TIME POSITION WHEREAS, in February 2001 the former Police Chief requested an additional clerical staff person; and WHEREAS, the Human Resources Committee recommended that the Senior Clerk Typist position be moved to full-time in lieu of hiring an additional full-time clerical staff person; and WHEREAS, the Interim Police Chief recommends that position be formally reclassified to full-time status. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council authorizes reclassifying the Senior Clerk Typist position to full-time effective January 1, 2002. Adopted this 13th day of November, 2001. ATTEST: Richard Sonterre, Mayor SEAL Kathleen Miller, City Administrator Motion by: Second by: Sonterre Aye No Quick Aye No Stigney Aye No Marty Aye No Thomas Aye No Item No.6G 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: Tim Brennan, Deputy Police Chief/Acting Chief Item Title/Subject: Resolution 5644 Adopting a Meeting Schedule for Annual Review of the City Emergency Operations Plan Date of Report: November 13, 2001 ANNUAL REVIEW OF THE CITY OF MOUNDS VIEW EMERGENCY OPERATIONS PLAN: Section IX, Paragraph A, of the City’s Emergency Operations Plan, states that a Planning Advisory Committee (PAC) will meet semi-annually, or as needed, to develop and maintain this plan. The PAC may include members of city departments, elected officials, civic leaders and the local business community who have designated roles relating to the plan. At a council work session on November 5, 2001, council directed staff to develop a future meeting schedule for the PAC. Any city staff or elected officials who, according to the Emergency Operations Plan, have designated responsibilities for given emergency situations should attend PAC meetings. These meetings will ensure that all city personnel are aware of their respective duties should a crisis situation develop. These meetings should be scheduled on an annual basis, with the option to meet more regularly should the need arise. RECOMMENDATION: It is recommended that the Council approve a resolution for the PAC to meet annually, on or about the 15th of February. Meetings should occur on a more frequent basis should any of the following occur: 1) Changes are made to the Emergency Operations Plan, 2) Changes in personnel responsible for duties laid out in the Emergency Operations Plan take place or, 3) Any other concerns or issues arise that necessitate the meeting of the PAC for consideration or discussion. Respectfully Submitted, ___________________________ Tim Brennan Deputy Police Chief/Acting Chief RESOLUTION 5644 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE ADOPTION OF A MEETING SCHEDULE FOR ANNUAL REVIEW OF THE CITY EMERGENCY OPERATIONS PLAN WHEREAS, The City of Mounds View has an Emergency Operations Plan in place to address potential crisis situations that may arise; WHEREAS, The plan utilizes city staff and elected officials to a great degree to cover areas of responsibility for a variety of possible scenarios; WHEREAS, The plan calls for the formation of a Planning Advisory Committee (PAC) made up of those persons given specific and non-specific responsibilities under the plan; WHEREAS, The plan calls for regularly scheduled meetings of PAC members to maintain the plan and keep the plan and PAC members up to date and current; WHEREAS, Attendance at PAC meetings will help ensure that members of the PAC are aware of and familiar with their roles, and the roles of others, identified in the plan; WHEREAS, PAC meetings should be scheduled on an annual basis, or more frequently if necessary, to ensure PAC members are: 1) kept apprised of changes to the plan, 2) new personnel with assigned responsibilities are given an understanding of the plan and, 3) to address any other concerns or issues relating to the plan; NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View approves the adoption of an annual Emergency Operations Plan PAC Meeting schedule. PAC meetings will be scheduled to occur on or about February 15th of each year, or more often as the above circumstances dictate. Adopted this 13th day of November 2001. Attest: Richard Sonterre, Mayor SEAL Kathleen Miller, City Administrator Mo tion : Second: Sonterre: Stigney: Quick: Marty: Thomas: RESOLUTION NO. 5645 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING EXTRA DUTY PAY FOR CERTAIN PUBLIC WORKS AND GOLF COURSE PERSONNEL WHEREAS, several public works and golf course personnel have taken on additional responsibilities in the absence of department heads; and WHEREAS, these additional responsibilities include attending council meetings, preparing staff reports, coordinating projects, landscaping and operating and repairing the irrigation system; and WHEREAS, the division of department head duties in this situation does not fall under any other city policy for compensating employees who take on additional responsibilities (i.e. Resolutions 5427 [Compensation for Interim Management Employees] and 5626 [Compensating Individuals Working in Higher Classification Positions]). NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does authorize compensating the individuals in the positions listed below at the indicated percentage rate: • Public Works Foreman 10% • Information Services Engineer/Tech 5% • Public Works Administrative Assistant 5% • Parks Foreman 7.5% • Seasonal Maintenance Worker 7.5% • Clubhouse Manager 5%; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the percentages indicated above will be applied to each employee’s base rate of pay; and NOW, THEREFORE, BE IT FURTHER RESOLVED that for the Public Works Foreman, Information Services Engineer/Tech and the Public Works Administrative Assistant extra duty pay will be in effect from August 3, 2001 until the department head position is filled or until the individuals are no longer performing extra duties, whichever occurs first; and NOW, THEREFORE, BE IT FINALLY RESOLVED that for the Parks Foreman, Seasonal Maintenance Worker and Clubhouse Manager extra duty pay will be in effect from July 7, 2001 until the department head position is filled or until the individuals are no longer performing the extra duties, whichever occurs first. Adopted this 13th day of November, 2001. Richard Sonterre, Mayor ATTEST: Kathleen Miller, City Administrator SEAL Motion by: Quick Second by: Marty Sonterre Aye Quick Aye Stigney Aye Marty Aye Thomas Aye RESOLUTION NO. 5646 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CREATING A FULL-TIME BUILDING OFFICIAL/FIRE MARSHAL/FIRE FIGHTER POSITION WHEREAS, the City’s contract with the Fire Department for building inspections services will expire December 31, 2001; and WHEREAS, staff has reviewed a number of options to determine how the City should proceed with building and fire inspections for 2002; and WHEREAS, it is apparent that the City would realize significant cost savings by creating a full-time position to handle building inspections, fire inspections and fire fighting. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council authorizes the creation of a full-time Building Official/Fire Marshal/Fire Fighter position effective January 1, 2002. Adopted this 13th day of November, 2001. ATTEST: Richard Sonterre, Mayor SEAL Kathleen Miller, City Administrator Motion by: Thomas Second by: Quick Sonterre Aye Quick Aye Stigney No Marty Aye Thomas Aye Item No. 6J 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: Givonna Reed, Assistant to the City Administrator Item Title/Subject: Resolution 5647 Fire Fighter Declaration for the Building Official Position Date of Report: November 8, 2001 As staff has indicated in past discussions regarding the Building Official position, because this position will perform fire fighting duties there is an opportunity to enroll the position in PERA’s police and fire fund. This would result in lower contributions by the City to PERA on behalf of this position. Resolution 5647 was provided by PERA for adoption for the City Council. The purpose of the resolution is to declare that fire fighting is a primary responsibility of the Building Official/Fire Marshal/Fire Fighter. Upon adoption, the individual assigned to this position may be enrolled in PERA’s police and fire fund. Recommendation Adopt Resolution 5647. Respectfully Submitted, Givonna Reed Resolution 5647 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA FIRE FIGHTER DECLARATION FOR THE BUILDING OFFICIAL POSITION WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statutes Section 353.64 permits governmental subdivisions to request coverage in the Public Employees Police and Fire plan for a non-full-time fire fighter provided the fire service position regularly engages the employee in the hazards of fire fighting. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council hereby declares that the position titled Building Official/Fire Marshal/Fire Fighter, is, for primary services provided, that of a firefighter engaged in the hazards of fire fighting. NOW, THEREFORE, BE IT FURTHER RESOLVED that this governing body hereby requests that the individual serving as the Building Official/Fire Marshal/Fire Fighter be accepted as a member of the Public Employees Police and Fire Plan effective the date of this employee’s initial Police and Fire salary deduction by the governmental subdivision. Adopted this 13th day of November, 2001. Richard Sonterre, Mayor ATTEST: Kathleen 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 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: Givonna Reed, Assistant to the City Administrator Item Title/Subject: Public Hearing to Consider Resolution 5610 Approving Intoxicating Liquor and Sunday Sales Licenses for Mounds View Jakes, Inc. dba Jake’s Sports Café at 2400 Highway 10 Date of Report: November 8, 2001 Intoxicating Liquor License The Mounds View City Code requires that a public hearing be held before the City Council before a new intoxicating liquor license is issued. The Code further requires that the notice be published in the official newspaper 10 days in advance of the public hearing. The public hearing notice regarding the intoxicating liquor and Sunday sales licenses for Jake’s was published in the October 25, 2001 issue of the Focus News. The following reviews have been conducted by staff and outside sources: Health Inspections (St. Paul-Ramsey County Department of Public Health) The Department of Public Health has indicated that it will conduct a second inspection the week of November 12, 2001. The Department is recommending that that license not be denied or delayed. Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for the applicant. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for the applicant. Fire Inspection (City of Mounds View Fire Marshall) The City’s Fire Marshall has indicated that sprinklers must be added to the freezer and cooler, however, the applicant will be given until January 1, 2002 to remedy the problem. issued a satisfactory report for all applicants other than Robert’s Off 10. The Fire Marshall recommends that the liquor license not be denied or delayed. Tax Clearance (Minnesota Department of Revenue) • The DOR has issued a satisfactory report for the applicant. Sunday Sales License In addition to requesting an intoxicating liquor license, Jake’s Sports Café is also requesting a license to serve liquor on Sundays between the hours of 10am and 1am, which requires a public hearing before the City Council. Minnesota Statute 340A.504 Subd 3(c) (attached) regulates Sunday Sales and states that “An establishment serving intoxicating liquor on Sundays must obtain a Sunday license. The license must be issued by the governing body of the municipality for a period of one year, and the fee for the license may not exceed $200.” Recommendation Approve Resolution 5610 granting an On-sale Intoxicating Liquor License application and a Sunday Sales license to Mounds View Jake’s Inc, dba Jake’s Sports Café. Respectfully Submitted, Givonna Reed Assistant to the City Administrator RESOLUTION NO. 5610 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING INTOXICATING AND SUNDAY SALES LICENSES FOR MOUNDS VIEW JAKE’S, INC DBA JAKE’S SPORTS CAFÉ WHEREAS, all City of Mounds View businesses wishing to offer on-sale intoxicating liquor must apply to the City for a license; and WHEREAS, a public hearing must be held before intoxicating liquor and Sunday sales licenses are granted; and WHEREAS, Mounds View Jake’s Inc, dba Jake’s Sports Café has applied for intoxicating liquor and Sunday sales licenses; and WHEREAS, Jake’s Sports Café has submitted the proper paperwork and fees and has received the necessary approvals from various City departments and outside organizations as necessary; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an intoxicating liquor license and a Sunday sales license for Mounds View Jake’s, Inc. dba Jake’s Sports Café; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the licensing period shall be from November 14, 2001-June 30, 2002. Adopted this 13th day of November, 2001. Richard Sonterre, Mayor ATTEST: Kathleen 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: 7C Meeting Date: November 13, 2001 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: James Ericson, Community Development Director Item Title/Subject: Introduction and First Reading of Ordinance 690, an Ordinance Amending Chapter 1001.02 of the Municipal Code (Building Code) Relating to Work Requiring a City License Date of Report: November 7, 2001 Background: The City of Mounds View requires a contractor’s license for most work performed in the City. Contractors that perform work that falls outside the scope of the building code typically do not require a license, such as cabinetry and countertop installers, painters, flooring installers and landscapers. The main reason the City requires a license is to offer some level of protection to the resident by assuring that the contractor has sufficient liability and workers compensation insurance as well as providing some level of accountability and protection from “fly-by-night” companies. Discussion: The following work is not currently listed in Section 1001.02 as requiring a City License: Fire Alarms Installation Residential Fuel Tank Removal Chemical Fire Suppression Given the public health and life safety aspects associated with this work, staff is recommending that a City License be required. Recommendation: Review the attached ordinance and if acceptable, introduce the ordinance and hold the first reading. _____________________________________ James Ericson Community Development Director 763-717-4021 ORDINANCE NO. 690 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 1001 ENTITLED, “BUILDING CODE” The Council of the City of Mounds View does hereby ordain: SECTION 1: Section 1001.02 of the Mounds View Building Code is hereby amended with the proposed additions alphabetically inserted under Subdivision 2 of Section 1001.02, Work Requiring City License: Fire Alarms Installation Residential Fuel Tank Removal Chemical Fire Suppression SECTION 2. This ordinance shall take effect thirty days after the date of its publication. First read by the City Council of the City of Mounds View this 13th day of November, 2001. Read and passed by the City Council of the City of Mounds View this 10th day of December, 2001. _____________________________________ Richard Sonterre, Mayor ATTEST: _____________________________________ Kathleen Miller, City Administrator (SEAL) APPROVED AS TO FORM: ____________________________ City Attorney Motion by: __________ Second by: __________ Sonterre: Quick: Stigney: Thomas: Marty: C:\WINNT\Profiles\Jime\Favorites\City Council Stuff\Ordinance 690 - Licensing Requirements.doc Item No. 7D 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: Public Hearing for the Second Reading and Adoption of Ordinance 688 Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2002 Date of Report: November 5, 2001 Attached is an ordinance to receive its second reading on Tuesday, November 13, 2001. First reading of the ordinance was on October 22, 2001 and a notice of the public hearing for the second reading was published in the November 1, 2001 issue 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 2002. Ordinance 625 passed on June 28, 1999 originally enacted the franchise agreement. It provides that the City may impose a franchise fee of not more than 4% of Reliant’s gross operating revenues at any time through July 1, 2019. The franchise fee was first collected in 2001. A sunset provision in the ordinance requires it to be re-enacted each year. Franchise fees collected under this agreement are minimal due to Reliant Energy’s small customer base within the City of Mounds View. Enactment of the ordinance is important to maintain equity in relation to the City’s treatment Xcel Energy. If approved by the City Council, the ordinance will be published in the Focus News and will be take effect 30 days after publication. Respectfully Submitted, Charles Hansen ORDINANCE NO. 688 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 2002 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 2002 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, 2002. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this _____ day of ____________, 2001. Read and passed by the City Council of the city of Mounds View this ____ day of ___________, 2001. _____________________________________ 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: Public Hearing for the Second Reading and Adoption of Ordinance 687 Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2002 Date of Report: November 5, 2001 Attached is an ordinance to receive its second reading on Tuesday, November 13, 2001. First Reading of the ordinance was on October 22, 2001 and a notice of the public hearing for the second reading was published in the November 1, 2001 issue of 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 2002. 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 $200,000 for the General Fund and $200,000 for the Street Improvement Fund are included in the draft 2002 budget. Enactment of the ordinance is essential to preserving this revenue source and balancing the 2002 budget. If approved by the City Council, the ordinance will be published in the Focus News and will be take effect 30 days after publication. Respectfully Submitted, Charles Hansen ORDINANCE NO. 687 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 2002 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 2002 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, 2002. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this ___ day of ______________, 2001. Read and passed by the City Council of the city of Mounds View this ____ day of ______________, 2001. _____________________________________ Rich Sonterre, Mayor _____________________________________ Kathleen F. Miller, City Clerk- Administrator APPROVED AS TO FORM: _____________________________ City Attorney Item No. 9 Type of Business: Reports 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: Report on a Proposed Change in the Accrual and Usage of Vacation Time for Police Officers Date of Report: November 5, 2001 It has come to our attention that the accrual and usage of vacation time for Mounds View police officers is being handled differently than for other city employees. All employees accrue vacation time as a predetermined number of hours per pay period. However, the hours accrued by police officers in a given year, 2001 for instance, do not become available for use until January 1st of the following year, 2002 in this example. For other employees, vacation hours become available for use as soon as they are accrued, provided the individual isn’t on probation or otherwise limited. There doesn’t appear to be anything in the police labor contracts or the City of Mounds View Personnel Manual which support the current practice. The current system was put in place prior to any of the current administrative staff coming to the City, so we have a limited understanding of the reasons for the practice. It may have been a reform of an earlier practice under which the police officers had more liberal access to vacation time than other employees. It is our recommendation that from this point forward, the accrual and usage of vacation time by police officers be handled on the same basis as all other employees, consistent with the Personnel Manual and police labor contracts. Respectfully Submitted, Charles Hansen PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 8, 2001 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, October 8, 2001 City Council Agenda. MOTION/SECOND: Marty/Thomas. To Approve the October 8, 2001, City Council Agenda as presented. Ayes - 5 Nays – 0 Motion carried. 4. PUBLIC INPUT Dan Coughlin of 8468 Spring Lake Road indicated that some time ago he had made a public data request for information and noted he would like to draw attention to the former golf course manager’s cell phone usage and billings. Mr. Coughlin noted he was told a citizen only has access to long distance calls and not local calls. He then indicated that the long distances calls he reviewed were very disturbing and included significant telephone calls from places like Hawaii in January back to Mounds View and a number of calls to out of state financial institutions with follow up calls to various places in Atlantic City. He indicated he had attempted to determine where the numbers in Atlantic City were answered but did not receive an answer. Mr. Coughlin then indicated that it makes one wonder why financial institutions are called prior to calls to Atlantic City. Mr. Coughlin noted that there were three telephone calls to phone sex lines, one for two hours and fifteen minutes, one for forty-five minutes, and one for thirty minutes. He further noted that the calls were made during the business day and asked if the City has taken court action to try to get the City reimbursed for those calls. Mr. Coughlin said he realizes this is City Hall and not a Sunday school class so he will not speak to the moral depravity of making the calls but said, as a taxpayer, he is concerned that this individual not only was paid for the time spent at the golf course but the City also paid the bill for his fornicating adventures. Mounds View City Council October 8, 2001 Regular Meeting Page 2 Mr. Coughlin indicated he wanted to bring the matter to the attention of the Council because he feels the matter needs to be investigated. Mr. Coughlin asked Council Member Marty if, since the day the former golf course manager was removed from his position, he had been in contact with him or shared information directly or indirectly with him. Council Member Marty said, “no I have not.” Mr. Coughlin indicated he had a copy of a letter sent to the City Administrator containing a sworn statement, that has been corroborated independently, indicating that Council Member Marty was observed on three separate occasions conferring with and sharing notes with the former golf course manager on the night of the firings. Mr. Coughlin indicated he did not have access to the golf course manager’s local cell phone bills and then asked City Administrator Miller if there was any evidence to show that Council Member Marty did have contact with the golf course manager. City Administrator Miller indicated she needed to discuss the matter with the City Attorney before responding to Mr. Coughlin’s question. Mayor Sonterre asked if Mr. Coughlin had shared the numbers with the City Administrator. Mr. Coughlin indicated he had brought the matter to the attention of the City Administrator and said he also wanted to make Council aware of the matter. City Administrator Miller indicated the item is being investigated and said local calls are private data. She then indicated that the information would be provided to Council during the closed session but would not be discussed during the open session. Mayor Sonterre asked if City Administrator Miller had verified calls of indiscretion with regard to Mr. Hammerschmidt’s cell phone. City Administrator Miller said, “yes, I have.” Council Member Stigney noted that he had asked that the golf course manager’s cell phone bill be pulled from the consent agenda for discussion at one point because he felt the bill was excessive. He then noted that Council had decided, at that time, that the bill needed to be paid. He further indicated he was not sure whether there is a way to have the City reimbursed but said he had raised the question on the cell phones. Mayor Sonterre indicated that Council had asked City Administrator Miller to write a policy for cell phone usage to assist the department heads in keeping cell phone usage in check. Mounds View City Council October 8, 2001 Regular Meeting Page 3 Ron Huston, Bridges Golf Course, told Council that golf lessons have been provided and have not been paid for. He then asked what the City is planning on doing for the rest of this year and next year. Mayor Sonterre asked City Administrator Miller to speak to the payment issue. City Administrator Miller indicated the matter of Mr. Mathison’s compensation for golf lessons had been before Council previously and was tabled for further information. She then indicated that the remaining employees are under a status quo and the City is dealing with the union to negotiate a contract placing everything on hold until that contract is negotiated. 5. UNFINISHED BUSINESS None. 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution 5626 Approving a Policy for Compensating Individuals Working in Higher Classification Positions D. Resolution 5617 Authorizing Certain Employee and Volunteer Appreciation Events E. Resolution 5629 Approving Compensation for Linda Meyer for Working in a Higher Classification Position F. Resolution 5630 Approving a Wage Adjustment for Kasey Keckeisen G. Resolution 5631 Approving a Wage Adjustment for Kirk Leitch H. Resolution 5632 Approving a Wage Adjustment for Longevity Pay (9%) for Tom Kinney Council Member Marty indicated he had a question in Item 6A. Council Member Quick indicated that, in order to discuss the matter, Council Member Marty would need to request that item be removed from the Consent Agenda. Council Member Marty requested that Item 6A be removed from the Consent Agenda for discussion. Council Member Stigney requested that Items 6D and 6H be removed from the Consent Agenda for discussion. MOTION/SECOND: Quick/Marty. To Approve Items B, C, E, F, and G of the Consent Agenda as Presented. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council October 8, 2001 Regular Meeting Page 4 MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item 6A as Presented. Council Member Marty questioned whether the City would recover the $3,604.30 in attorney’s fees for the Mounds View Animal Hospital matter. City Administrator Miller indicated that the City usually does recover a certain amount of the fees. She then asked the finance director to speak to the matter. The Finance Director indicated that recovering legal fees is dependent on a number of factors and said he is not sure of the exact situation and would need to research the matter and provide an answer at the next meeting. City Administrator Miller further stated that the City does recover a certain amount of the costs but she is not sure how much. She then indicated she would check it out and get an answer for Council. Council Member Marty indicated he had learned through the Festival in the Park Committee that the City recovers the attorney’s fees as a matter of policy. Community Development Director Ericson indicated it is the City’s policy to make every attempt to recover consultant fees and said the City has been doing that more diligently in the last year. He then indicated that the redevelopment contract contains a line item indicating the City would be reimbursed for attorney’s fees. He further indicated that contract has not been finalized but should be shortly. Council Member Stigney asked if the fees would be paid out of the general fund or the TIF fund if the fees are not recovered. Community Development Director Ericson indicated the fees were a TIF eligible expense and would come out of the EDA budget. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Consent Agenda Item D as Presented. Council Member Stigney commented it would have been nice if the Consent Agenda had been read. He then asked that Resolution 5617 be read. Council Member Stigney read Resolution 5617, a Resolution Authorizing Certain Employee and Volunteer Appreciation Events. Mounds View City Council October 8, 2001 Regular Meeting Page 5 Council Member Stigney indicated he read the Resolution so residents would know what Council is talking about. He then indicated that, at the work session, the decision was to give gift certificates to retiring employees and now it has been changed to all employees. Assistant to the Administrator Reed indicated she thought it was the intent of Council to give gift certificates to all employees celebrating an anniversary in five-year increments. Council Member Stigney indicated he thought giving gift certificates was not a responsible way to spend taxpayer dollars. He then indicated he is opposed to having two separate events of $1,000 each as he feels it is irresponsible spending. He further indicated that, in light of the fact that the City is way over its budget, he feels it inappropriate to approve a new Resolution approving an expenditure of funds. He then said he feels the timing is wrong. Council Member Thomas clarified that Council had discussed that the City needed to have a policy on the books for how to fund annual events that are already occurring. She then said Council does not want this to be a horrible place to work. She also indicated that employees and volunteers are two entirely different groups that deserve to be recognized as such. Council Member Thomas indicated that the Resolution brought by Staff is exactly what Council had asked for at the work session. Council Member Quick concurred with Council Member Thomas. Council Member Stigney indicated he did not support the Resolution. Council Member Quick asked if Council Member Stigney was referring to next year’s budget when he indicated the City was over budget. He then asked Council Member Stigney if the budget had been finalized. Council Member Stigney said, “no.” Ayes – 4 Nays – 1(Stigney) Motion carried. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Item 6H as Presented. Council Member Stigney indicated he would like the Resolution read. Council Member Stigney read Resolution 5632, A Resolution Approving a Wage Adjustment for Longevity Pay (9%) for Tom Kinney. Council Member Stigney questioned whether Mr. Kinney was a member of Local 204 as an investigator. Assistant to the Administrator Reed indicated Mr. Kinney is an investigator but is paid under the patrol contract as there is no separate agreement. Mounds View City Council October 8, 2001 Regular Meeting Page 6 Council Member Stigney noted the employees at the Police Department receive annual wage increases on a schedule and assuming they are cumulative they receive an additional 25% over and above their base rate. Assistant to the Administrator Reed indicated she did not have the contract with her but said she trusts what Council Member Stigney read was from the contract. Council Member Stigney indicated that under the current contract employees would be receiving an additional $225.00 per month and under next year’s contract an extra $235.00 per month. He then told Council it needed to watch what kind of contracts are approved. The Deputy Police Chief indicated the clause had been in effect since he started in 1980 and noted the pay increases are not cumulative. He also noted the college incentive credits are not applicable to anyone on the force and need not be in the contract. Ayes – 4 Nays – 1(Stigney) Motion carried. 7. COUNCIL BUSINESS A. Public Hearing Considering the Reconstruction of County Road H2 Mayor Sonterre opened the public hearing at 7:31 p.m. Barry Peters indicated this was a public hearing for the County Road H2 improvements and asked Council if it wanted a formal presentation or a review of new information received via the surveys. It was the consent of Council to hear the new information received from the surveys. Mr. Peters indicated the survey had been sent to 93 residents and he had received 39 responses. He then indicated that of those 39 responses 31 wanted the road reconstructed to state aid standards. He further indicated that there was an area on the survey asking if residents wanted parking and 14 said no parking and 15 said yes to parking. Mr. Peters indicated the costs had not changed nor had the assessments. Council Member Thomas asked what the state aid requirements for the roadway were. Mr. Peters indicated the state aid requirements are in regards to the width of the roadway. He then indicated that the storm sewer and curb and gutter are a matter of good engineering practice. Council Member Stigney questioned if curb and gutter was required. Mr. Peters indicated that it was. Mounds View City Council October 8, 2001 Regular Meeting Page 7 Council Member Marty indicated the former public works director had said it was prudent to do sewer and water at this time so the City would not have to tear up the streets to repair something. Mayor Sonterre asked how the issue of parking was phrased on the survey. Mr. Peters clarified that the survey asked residents on the south side of H2 if they wished to have parking as the City was considering it in various locations. Mr. Peters indicated that the City and residents could discuss and determine where parking would be allowed. Council Member Thomas asked if there was any way to determine from the survey what area wants parking and what area does not. Mr. Peters indicated the survey was done by address. Council Member Quick questioned whether it was in the best interest of the City to have parking along the entire length of H2. Mr. Peters indicated that some of the properties have deep driveways and do not need parking on the street. Ron Morgan of 2656 County Road H2 noted that in hearing the responses to the survey he is very concerned because his comments relative to parking were not expressed. He then indicated that another person also made comments and he did not see them. Mr. Morgan indicated he lives in the townhouses across from Scotland Green which is compact housing with three lanes out to H2. He then said he thinks it is bizarre that the City would allow parking in that section. Bill Rice of 2932 County Road H2 asked if his petition for no parking between Knollwood and the Fridley line was still being considered. Mayor Sonterre indicated Council would consider it when making a decision about parking. Mr. Rice indicated it would be difficult to see when pulling out of his driveway if there were parking on the street. Council Member Thomas indicated the City could approve the reconstruction and get the process moving while discussing the specifics of where to allow parking. Mr. Rice indicated he was against any overlay that does not have curb and gutter as it needs to be done. Mounds View City Council October 8, 2001 Regular Meeting Page 8 Robert Mills of 2817 County Road H2 questioned whether the parking bays would actually work as a traffic calming measure as suggested in the information. Mr. Peters indicated that the parking bays may give a feeling of a roadway being wider in some areas and narrower in others. He also indicated that some kind of vertical plantings could be utilized on the south side in an effort to calm traffic. Mayor Sonterre asked if the comments reflect parking comments. Council Member Thomas indicated that parking comments were mentioned. Mr. Peters indicated he had made the overview of the comments somewhat general and then indicated that Council had received a spreadsheet in its packets containing all of the responses. Mayor Sonterre indicated he had wanted it clarified that all comments were provided and will be considered. Council Member Quick noted that if there are cars parked along the roadway there is still a 26 foot wide visual. Council Member Marty asked if the costs would go down if the City decided not to have parking bays. Mr. Peters indicated the costs would go down as the estimate includes the parking bays but said the assessment rate would stay the same because it is at the minimum amount. Council Member Marty commented the City would not use as much of the state aid funds if there were no parking. Council Member Thomas asked if there had been any research done on whether having cars parked along the street slows down traffic. Mr. Peters indicated he was not a traffic engineer but stated he felt having cars parked along the street would slow traffic some. Council Member Quick questioned whether H2 is posted no parking now. Council Member Marty indicated there is 30 minute parking by Scotland Green. Mr. Pittman indicated that there are constantly people parked in front of Scotland Green. Council Member Marty asked if Council approves the Resolution when the quote with possible parking pullouts would be coming back for approval. Mounds View City Council October 8, 2001 Regular Meeting Page 9 Mr. Peters indicated that if the project were approved at this meeting there would be a 60-day period where nothing can be done which should allow time for research and discussion as to where parking should be allowed. Council Member Thomas indicated that parking could be discussed during the design phase. Mr. Peters indicated it would be nice to have direction when doing the design as he would like to do it one time. He then indicated that minor changes can be made once the design is completed. Robert Mills of 2817 County Road H2 questioned whether the parking bays would add to the cost of maintaining and plowing the roadway. Mr. Pittman indicated that a new roadway would be a delight to plow and indicated that there should not be extra cost to plow it. Mr. Mills indicated if a person were lying on the street and looking down the roadway would appear narrower but said the angle most people see is from above. He also indicated that the snowplow operators are paid by the hour and it would take more time to plow the parking bays thereby costing more money in snowplowing. Mr. Rice indicated that he and his neighbors need the curb and gutter to take care of the water problem in their garages. He also said he did not want any parking in his area. Mayor Sonterre closed the public hearing at 7:59 p.m. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5621, a Resolution Approving the Reconstruction of County Road H2. Council Member Stigney asked that Council honor the residents’ wishes concerning parking be it for parking or against parking. Council Member Marty noted that if the residents in the area of Scotland Green would come in with information concerning whether they would like parking it would be helpful. Ayes – 5 Nays – 0 Motion carried. B. Consideration of Resolution 5627, a Resolution Approving a Development Review for an Expanded Billboard on City-Owned Land, 2373 County Highway 10, and Discussion of Proposed Purchase Agreement for an Expanded Easement. Community Development Director Ericson indicated that Clear Channel Outdoor has requested permission to expand the billboard located on City-owned property. He then indicated that Clear Channel Outdoor has a perpetual easement on the property and would like to expand and improve the aesthetics of the billboard making it a type of monument style sign. Mounds View City Council October 8, 2001 Regular Meeting Page 10 Director Ericson indicated that the Planning Commission had indicated that the current billboard is ugly and, since the billboard will be there forever through the easement in perpetuity, it would be nice to have a sign with an improved appearance. Director Ericson indicated the Planning Commission had voted unanimously for approval of the expansion of the billboard. City Attorney Riggs noted Clear Channel Outdoor has an easement not a lease. Director Ericson explained that Clear Channel Outdoor currently has an easement for a 40 x 40 section of the property and, in order to expand, would need a 55 x 55 piece of property. He then noted that Clear Channel Outdoor had submitted an offer of $100,00. He further indicated that Staff did not feel that an offer that did not provide for a yearly payment was adequate and countered with an up front payment of $50,000 and a payment of $7,000 per year forever. Director Ericson indicated that the Resolution of approval to allow for the expansion of the billboard contained the following conditions. The utilities must be placed underground; a City Wetland Alteration Permit must be obtained; a Rice Creek Watershed District Permit, if required, must be obtained; a materials board must be submitted to the City; all legal fees and other fees associated with the easement must be paid by Clear Channel Outdoor; the City Forester needs to review the landscape plan; and, an executed Purchase Agreement must be signed by both Clear Channel Outdoor and the City. Director Ericson indicated that Mr. McCarver from Clear Channel Outdoor was present at the meeting to answer any questions of Council. Council Member Marty asked if the City presently gets any revenue from the billboard. Director Ericson indicated the City does not receive revenue from the billboard. Council Member Marty asked whether Clear Channel Outdoor would be willing to improve the billboard without being allowed to expand the size. Director Ericson indicated he did not believe Clear Channel Outdoor would be willing to improve the billboard without the expansion. Council Member Marty noted the billboard, as presented, is much nicer than what is currently there but noted it was different from the proposed billboards at the golf course. He then suggested having Clear Channel Outdoor obtain the drawings from Eller Media for the golf course billboards for comparison. Mayor Sonterre clarified that Eller Media and Clear Channel Outdoor are the same company. Mounds View City Council October 8, 2001 Regular Meeting Page 11 Director Ericson indicated he had discussed with Clear Channel Outdoor the possibility of using the same type of sign as is proposed for the golf course but it had been determined that a more formal sign would fit better with the existing signs in this part of town. Council Member Marty agreed the design for the billboard is more formal but said he feels the signs designed for out at the golf course blended in more with the surroundings and were more aesthetically pleasing. Mayor Sonterre indicated he had discussed the matter with Mr. Ericson and it was explained that Staff felt using this type of billboard sign would provide some commonality in the area as it closely resembles the Walgreens and the Wynnsong Theatre signs. Council Member Thomas indicated there had been some discussion concerning establishing a sunset clause for the billboard and asked if that may be possible. Director Ericson indicated that Clear Channel Outdoor has a permanent and perpetual easement for the area with no expiration date and, as such, Clear Channel Outdoor is not interested in agreeing to a sunset provision in the new easement. Council Member Quick asked when the current billboard sign was installed. Director Ericson indicated he thought perhaps 1983 or 1984. Michael Cronin of Clear Channel Outdoor, 8809 West Bush Lake Road indicated it was installed in the late 1980s. Mr. Cronin indicated that Clear Channel Outdoor understood and accepted each of the conditions recommend by Staff and the Planning Commission and then respectfully requested that Council adopt the Resolution. Mr. Cronin indicated that in order to preserve line of sight the Company had determined a more horizontal sign would be appropriate. He then noted that the billboard would be 25 feet high and the golf course billboards are 35 feet high. He further indicated that the sign is lower and more formal than what is proposed out at the golf course and the company feels it is a good solution for the site. Mr. Cronin indicated that it was a challenge for his company to come up with a value for the property needed for the expanded easement. He then noted that it is a neighbor to neighbor sale of a small sliver of land not the sale of developable property so the company came up with $70 per square foot which is how the $100,000 was arrived at. He further noted that when Staff presented the $50,000 and $7,000 per year the company felt it could live with that. Council Member Stigney questioned how much revenue the City would obtain from each billboard at the golf course. Director Ericson indicated he did not have the information with him to answer that question. Mounds View City Council October 8, 2001 Regular Meeting Page 12 Council Member Stigney indicated he needs to know that figure before determining if the offer from Clear Channel Outdoor is appropriate. Council Member Stigney asked Clear Channel Outdoor why the conceptual drawings were so far out of scale and noted it makes the billboard look smaller than it really is as this billboard is humongous. He then further commented that he thinks the drawing is a little misleading. Mr. Cronin indicated that the person that did the drawing was a professional landscape engineer and said his drawing was based on a picture taken with a 50 mm lens on a 35 mm camera and that is considered a normal lens. He then noted that the drawing is in scale from standing on that site. He also noted the picture was taken when driving down the road moving forward and that is how it is in proper context. Mr. McCarver indicated the drawing does reflect accurately the scale of the billboard. Council Member Stigney held up a drawing and indicated that it was more to scale than the rendering on the easel. Mr. McCarver indicated that the drawing Council Member Stigney held up is to show exact sign dimensions and is a close up view. He then indicated that the rendering on the easel is not a close up and the drawing on the dais is. Council Member Stigney indicated he disagreed with the conceptual drawing being to scale. Council Member Stigney indicated he feels he needs to know how much revenue the City was looking at deriving from the golf course billboards before agreeing to an amount. He then indicated that he feels the yearly payments need to consider inflation. Mr. McCarver restated the offer he had made to Mr. Ericson and noted that his company has a perpetual easement and is not interested in accepting a sunset clause on the agreement with the City. Council Member Stigney indicated he would like the yearly payments to include a CPI. He then commented that the residents own the property around the billboard and could potentially plant pine trees to make it less of an eyesore. Mayor Sonterre noted he is a big supporter of Commissions and said he feels the Planning Commission did a great job of reviewing this matter. He further indicated that the billboard will be there forever and it would be in the best interest of the City to have the billboard look better and it is even better that the City can generate revenue from it. Council Member Marty indicated he was interested in exploring a sunset clause in exchange for the larger billboard and suggested 20 or 30 years. He then indicated that he feels the yearly payments should start at $6,000 per year and slowly climb over time. Mounds View City Council October 8, 2001 Regular Meeting Page 13 Council Member Thomas noted the sign would be twice as wide as it is currently and asked if it would be any closer to the road. Mr. McCarver indicated it would not be any closer to the road than it is now. Council Member Thomas noted that she wished the trees at the site were as big as shown on the rendering of the sign and said it is very distracting to the eye because what is behind the sign is Walgreens and City Hall not a forest. She further indicated that the sign will seem more predominant when there is nothing behind it and pointed out she can see where the scale gets distorted because the drawing is not accurate for what is behind the sign. Council Member Thomas indicated she did not feel the golf course type signs would be appropriate for the area. She then indicated that this matter has been an issue since she was on the Planning Commission and said she feels this is the first workable plan she has seen for the sign. Council Member Quick noted he felt the yearly payments needed to include an inflation factor. He then indicated he would like to see a higher yearly fee and eliminate the front-end figure. Mayor Sonterre asked if it would be appropriate to table this matter for future consideration. Mr. McCarver indicated that it is difficult to know what the protocol is for buying an easement or buying property like this. He then expressed a willingness to sit down with Staff to discuss the matter. He further commented it would be nice to come to resolution on this sign more quickly than the other sign issue. Mr. Linke of 2319 Knoll Drive asked how much larger the sign would be and how much more property was needed for the easement. Director Ericson indicated the company has a 40 x 40 square and would need a 55 x 55 meaning they need seven and a half (7 ½) additional feet all the way around the sign in order to expand the sign. Mr. Linke asked how much they were willing to pay. Director Ericson indicated the original offer was for $100,000 but said Staff felt that payment without annual rental would be inadequate so suggested $50,000 with an additional $7,000 payment each year. Mr. Linke asked if the City had considered purchasing the sign to get rid of it. He then indicated that there are wetland issues that will need to be considered. Director Ericson indicated it was doubtful that the City could afford to purchase the sign from Clear Channel Outdoor. Mounds View City Council October 8, 2001 Regular Meeting Page 14 Council Member Stigney indicated he would not support any resolution that did not call for a sunset clause for the billboard. Council Member Marty indicated he would like to see a sunset clause for the billboard. MOTION/SECOND: Thomas/Quick. To Direct Staff to Renegotiate the Purchase Agreement with Clear Channel Outdoor and Provide a Resolution to Council or, in the alternative, Bring the Matter to the Next Work Session for Discussion. Ayes – 5 Nays – 0 Motion carried. City Administrator Miller indicated that Mr. Alseth from Kennedy and Graven was in attendance for the executive session later in the agenda and had been waiting since 8:00 p.m. She then asked if Council would consider moving the executive session up in the agenda. Council Member Thomas noted that the executive session had the potential to be very long and suggested Council move along on the agenda. C. Continued Discussion and Consideration of Resolution 5622, a Resolution Authorizing the Abatement of the Hazardous Building Located at 8217 Long Lake Road. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5622, a Resolution Authorizing the Abatement of the Hazardous Building Located at 8217 Long Lake Road. Jeremiah Anderson indicated he had received a telephone call this afternoon and was told that the documents Mr. Wolfgram was waiting for had been returned without the proper notary information. Mr. Wolfgram told Council there is a closing date set for October 17, 2001 and indicated the documents were prepared for a Minnesota notary and should have been prepared for an Arizona notary making them not able to be recorded. He then indicated the documents were sent back and should be returned shortly. He then requested that Council not take action on the Resolution until after October 17, 2001 as he feels the matter will be resolved and Council would be incurring costs for no reason. Jeremiah Anderson indicated that, if the Resolution is approved in its current form, there would be some time as it takes time for title work and service on the responsible parties. Mr. Wolfgram indicated that title work and service would involve legal fees and suggested holding off on taking any action until October 17, 2001. Mounds View City Council October 8, 2001 Regular Meeting Page 15 Council Member Quick asked if any of the other Council Members had looked at the property. He then commented that he does not feel the building is salvageable and said the City has condemned buildings in better shape. Mayor Sonterre asked if Mr. Anderson’s recommendation remained the same hearing the comments of Mr. Wolfgram. Jeremiah Anderson indicated that his recommendation remains the same. Ayes – 5 Nays – 0 Motion carried. D. Management of the Mounds View Banquet and Conference Center 1. Resolution 5611 Approving Payment to Elegant Thymes Management Company for Management of the Mounds View Banquet and Conference Center. 2. Resolution 5612 Naming Elegant Thymes Management Company as Interim Manager of the Mounds View Banquet and Conference Center. Assistant to the Administrator Reed indicated this matter had been discussed at the work session and Staff had reported that Elegant Thymes had been managing the Banquet Center since March 27, 2001 and had not received payment. She noted that Council had directed Staff to pay Elegant Thymes based on the current contract with Innovative Images and had further directed Staff to pay Elegant Thymes 50% of the amount being paid to Innovative Images. She then indicated that the City Attorney had recommended that Council consider paying Elegant Thymes per the contract rather than cutting that amount in half. MOTION/SECOND: Quick/Sonterre. To Waive the Reading and Approve Resolution 5611, a Resolution Approving Payment to Elegant Thymes Management Company for Management of the Mounds View Banquet and Conference Center. Council Member Quick asked how long Elegant Thymes had been working without receiving payment. Assistant the Administrator Reed indicated Elegant Thymes had been working since March 27, 2001 without payment. Council Member Quick commented it was time to act. Council Member Marty commented that he feels whomever booked and solicited the events should be paid for those events. He then questioned whether Elegant Thymes had been working to market the banquet center in an effort to book more events because when looking at the bookings for the month of July there were only three events the entire month. He further commented that May, June and July are typical wedding months and he would have thought there would be more bookings. Mounds View City Council October 8, 2001 Regular Meeting Page 16 Mayor Sonterre commented he was not sure when Council Member Marty last had to plan a wedding but noted, that booking a wedding reception hall is done at least six months in advance and possibly as long as a year in advance. He then indicated that, if the numbers are down, there is some shared blame to go around. Dabney Brown, President of Elegant Thymes, commented that paying based on bookings is not the way things should be done because the real work, and the money, come into play when the event is actually held. He then indicated there had been some cancellations and rebooking. Mr. Brown indicated he has a good relationship with the City of Mounds View and said when the City came to him and asked him to manage the banquet center he had agreed to do so without a contract. He then indicated he has not been paid for six months and is not running a nonprofit company. Mr. Brown indicated he had calculated his hourly rate to be $4.32 based on what the City is paying him for doing the job. He then said he takes offense that it has been six months without payment. He further indicated he had come to the City Administrator to recommend that payment be figured on a quarterly rather than a monthly basis as it is too difficult to do every month due to the nature of the business. Council Member Stigney indicated that Innovative Images was spending time marketing and asked if Mr. Brown was putting in the same effort. Mr. Brown indicated that when there are cancellations there is an effort to rebook them. Council Member Stigney questioned whether Mr. Brown was having any luck in booking events. Mr. Brown indicated that he did not have direction of the City as to how to proceed other than to manage the banquet center on an interim basis. He further commented he was uncomfortable with marketing the banquet center and spending City money without some direction. He again said that, whomever the City gets to run the banquet center, should be paid to do so. Assistant to the Administrator Reed indicated that Resolution 5612 would provide direction to Mr. Brown as he had requested. Council Member Stigney asked, if by taking over the contract, Mr. Brown felt he could fulfill the conditions of the contract. Mr. Brown indicated he did not have problems with the conditions of the contract and indicated he has been doing this for 23 years. He then asked that the City restructure how the payments are made to quarterly rather than monthly. Council Member Marty questioned how Mr. Brown’s role would change now that he is authorized to manage the banquet center rather than just cater the events. Mounds View City Council October 8, 2001 Regular Meeting Page 17 Mr. Brown indicated that managing the banquet center would require more time spent on marketing it to not only private wedding parties but to corporate clients as well. He then indicated he has worked with the City to get accounting software installed and a reservation system enhancing and improving what was over at the banquet center. Council Member Marty indicated he had asked the question because Mr. Brown had indicated his hourly rate was down to four dollars an hour. He then questioned whether Mr. Brown’s wife would be helping him manage the banquet center. Mr. Brown indicated that he has a business partner but she is not his wife. He then indicated that he and his business partner would like to put together a whole management package but said he has no direction to do so. Council Member Quick reminded Council of the request to move things along. Mr. Linke of 2319 Knoll Drive indicated he was the Vice President of Innovative Images and commented he has an issue with indicating that Elegant Thymes has generated $20,000 in gross revenues because Innovative Images had brought in the business. He then reminded Council that the City has a legal and binding contract with Innovative Images and suggested talking to the City’s attorney about having a second contract. Assistant to the Administrator Reed indicated that the contract specifies that gross revenues are realized when the event takes place not when it is booked. She then clarified that Mr. Brown is not looking for a contract just a Resolution to outline what his duties would be. Council Member Thomas clarified that the Resolution would merely formalize the interim agreement. Council Member Marty commented that he does not feel the gross revenue issue has been appropriately sorted out between Innovative Images and Elegant Thymes. Ayes - 4 Nays – 1(Marty) Motion carried. MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5612, a Resolution Naming Elegant Thymes Management Company as Interim Manager of the Mounds View Banquet and Conference Center. Council Member Stigney clarified that this is filling an interim position and not establishing a contract. Council Member Marty indicated he feels the interim agreement is clearly spelled out and should have been taken care of at an earlier date. Mr. Brown indicated he did not want a contract just direction. Mounds View City Council October 8, 2001 Regular Meeting Page 18 Ayes – 5 Nays – 0 Motion carried. 8. SPECIAL ORDER OF BUSINESS None. 9. REPORTS Council Member Marty indicated he was curious as to why City Administrator Miller had not received her six-month review and noted she has come up on her one-year anniversary date. City Administrator Miller indicated she had brought the matter to the Mayor’s attention as she would like to receive her review. Mayor Sonterre indicated that not all Council Members had completed the surveys and noted he would have the surveys given to those that did not complete them and asked that they be turned in as soon as possible. Mayor Sonterre indicated that there is an opening on the Economic Development Commission. Council Member Marty questioned whether the YMCA issue would be placed on a work session for discussion. City Administrator Miller indicated the matter was on the agenda at the last work session and then noted that she had received a call from Pat at the YMCA when she was on her way out the door for a meeting and said she will return the call. She then indicated she would like to give the Finance Director some time to put some numbers together. She further noted she did not think the matter would be ready for discussion at the next work session. Community Development Director Ericson indicated he had contacted Delight Outdoor Advertising and had been told the company is willing to come to the work session in November to discuss the Sysco billboards. Director Ericson asked if the request from Clear Channel Outdoor concerning the golf course billboards would be heard in the open or closed session. City Attorney Riggs indicated it would be discussed at the closed session. Director Ericson requested that Council convene as the EDA prior to the closed session. 10. APPROVAL OF MINUTES A. September 24, 2001 City Council Minutes. Mounds View City Council October 8, 2001 Regular Meeting Page 19 MOTION/SECOND: Thomas/Quick. To Approve the Minutes of the Monday, September 24, 2001 Council Meeting as Amended. Council Member Marty requested the following changes: On Page 6, third paragraph from bottom omit the extra “d.” On Page 9, second paragraph indicate that Mr. Decheine had said he highly regarded Mike Ulrich. Ayes – 5 Nays – 0 Motion carried. B. August 27, 2001 City Council Minutes Council Member Stigney indicated he had made his corrections to the minutes based on the previously provided copy and not the new copy. He then asked that the matter be held to the next meeting to allow time for him to review the new format of the minutes. MOTION/SECOND: Stigney/Marty. To Table Consideration of the August 27, 2001 City Council Minutes to the Next Council Meeting. Ayes – 5 Nays – 0 Motion carried. The Council Meeting was recessed at 9:14 p.m. Council reconvened the meeting at 9:23 p.m. Mayor Sonterre asked the Council for permission to adjourn from the closed session. It was the consent of Council to adjourn from the closed session. Council recessed to closed session to discuss pending litigation at 9:23 p.m. Mayor Sonterre thanked Staff for its due diligence. City Administrator Miller indicated there would be a special work session on October 29, 2001. Community Development Director Ericson indicated the Highway 10 Corridor meeting would be held on October 15, 2001 at 6:00 p.m. at the Community Center and invited all residents to attend. Council Member Stigney indicated there would be a special Council Meeting on October 11, 2001. 11. CLOSED SESSION TO DISCUSS PENDING LITIGATION 12. Next Council Work Session: Monday, November 5, 2001 Mounds View City Council October 8, 2001 Regular Meeting Page 20 Next Council Meeting: Monday, October 22, 2001 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at ______ p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.