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HomeMy WebLinkAboutMinutes - 1999/03/22• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~~1, Regular Meeting ~- March 22,1999 ~_ y " `~" "' ~"' V Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney and Thomason. NOT PRESENT: Quick. 3. APPROVAL OF MINUTES A. Monday, March 8,1999, City Council Meeting Minutes • MOTION/SECOND: Coughlin/Thomason. To Accept the March 8, 1999, City Council Meeting Minutes as amended. Ayes - 4 Nays - 0 Motion carried. 4. SPECIAL ORDER OF BUSINESS A. Resolution of Appreciation for Duane McCarty from the I-35W Corridor Coalition. • Mayor Coughlin stated the Council had the distinct honor of presenting former Mayor, Duane McCarty with an award from the I-35W Corridor Coalition. He read the inscription as follows: "WHEREAS Duane McCarty has served the City of Mounds View as Mayor from 1979 to 1984, and from 1997 to 1998, WHEREAS, Duane McCarty has served as Ramsey County Commissioner from 1986 to 1992, WHEREAS, Mayor McCarty's most recent term as Mayor was marked by the development, construction, and completion of the Mounds View Community Center, by his providing leadership in the reduction and growth of City government, and by his active participation as a community spokesperson, challenging expansion issues at the Anoka County Airport. WHEREAS, Mayor Duane McCarty has provided leadership in helping to establish the North Metro I-35W Corridor Coalition, Mounds View City Council March 22, 1999 Regular Meeting Page 2 NOW, THEREFORE, the Board of Directors hereby recognizes Mayor McCarty for his commitment to the mission of the Coalition and its unique multi-community collaborative work plan. FURTHER, the Board appreciates Mayor McCarty's dedication and active participation in helping shape the Coalition's vision for the future. The Board of Directors hereby declares Mayor Duane McCarty and honorary member of the Coalition, and encourages Mayor McCarty to remain engaged with the work of the Coalition. Adopted by the North Metro I-35W Corridor Coalition, this day, January 12, 1999. Dennis Probst, President of the I-35W Corridor Coalition, and Mayor of Mounds View." Mayor Coughlin requested former Mayor McCarty come forward for presentation of this award. Former Mayor, Duane McCarty stated he appreciated this award very much. He explained that the I-35W Corridor Coalition is comprised of the membership of the cities of Mounds View, Arden Hills, Shoreview, Roseville, and Blaine. He indicated that they have commenced the development of a Geological Information System, that would put at their fingertips, the information needed to move forward with good, sound, decision making process, in the areas of Economic Development, redevelopment, and the like. He added that Mayor Coughlin would be carrying the torch in this regard. Mr. McCarty stated the Geological Information System is a very powerful and significant tool. He explained that if a business were to come to Mounds View, in search of a location in which to develop their business, and there was no appropriate site available, the City could immediately provide information regarding other locations in its sister cities. He advised that this would allow these cities to hold that economic development in the North Metro area. Mr. McCarty reiterated that he appreciated this award very much, and would attempt to live up to the kind words contained therein. He indicated that Former Mayor, Dennis Probst, who had written this inscription, was a very talented and dependable leader, whom he had enjoyed working with. Mr. McCarty stated after the election, he had indicated to Mayor Coughlin, and Council Members Marty and Thomason that he was pleased with the results of the election, as he believed most people were. He pointed out that even if they were not voted for, they now represent all of them. He stated he had further indicated at the time, that he would be their chief cheerleader, and he had found no reason to back away from this commitment. He advised that he has been watching, and they were doing an excellent job. Mr. McCarty stated the Council has done everything they had stated they were going to do, and he had no doubt that they would accomplish the things that were to come. He indicated that this would likely be one of the best Council's they have had in Mounds View, including those he served on. He noted this Council has all of the advantages that they had in his first term. He explained that the first Council he served on had three new Council Members within two years, including himself, Charlotte Forslin, and Bill Dody. He indicated they could also depend upon Don Hodges, who brought his experience to this Council. He commented they had the Mounds View City Council March 22, 1999 Regular Meeting Page 3 enthusiasm, commitment, experience, and all of the ingredients that the current Council has, and appears to be taking advantage of. Mr. McCarty stated quite some time ago, when he was first promoted to a manager for Applebaum Foods, he had read something which he has attempted to carry with him always, and believed it was appropriate to Mounds View at this time. He indicated that "If you work for a man, for heaven's sake, work for him. Be loyal, and support the institution that he represents. If you must condemn, complain, and eternally find fault, resign your position, remembering that an ounce of loyalty is worth more than a pound of cleverness, for if you don't, the first high wind that comes along will blow you away, and you will probably never know why." Mr. McCarty expressed his appreciation to the Council. Mayor Coughlin thanked Former Mayor McCarty for his kind words. B. Review of City Council/Staff Retreat Mayor Coughlin stated the Council and staff spent two days at Retreat, on March 12 and 13. He indicated he had struggled with pneumonia, and Council Member Thomason, with Bronchitis, however, they all attended, nonetheless. He indicated this was a good time. He pointed out that they were uncertain what to expect, as so many of these goal setting seminars seem to come to no real benefit, however, his hopes were that much would be gained, and his hopes were met. Mayor Coughlin indicated there were some tense times at the Retreat, and some moments of great catharsis on all sides. He stated frustrations were expressed, anger was vented, and confusion was brought forward, however, in the end, and by the mere fact that they committed to communicate with one another, that they resolved many of the issues that were before them. Mayor Coughlin stated that he would be naive to believe that atwo-day seminar would change the world, however, this was a good start. He advised that they have committed themselves to continue on in this process. Mayor Coughlin indicated that one of the products of the Retreat was a list of ten rules of Council/Staff interaction. He read the ten rules, and offered his personal insight into their specific significance as follows: Respect one another, and do not abuse each other. 2. Follow the Golden Rule. Appreciate the value of each team member. 4. Communicate the "whys." Mayor Coughlin explained that this rule pertains to why someone may have a particular perspective, why there is a certain option, or why they, in their specific capacities, do what they do. 5. Accept our limitations and learn from our failures. Mounds View City Council March 22, 1999 Regular Meeting Page 4 Mayor Coughlin stated they were all human and subject to error. He indicated that all would do things that others perceive to be incorrect, however, they may not be aware of this themselves. He stated this rule signifies that they should recognize this, deal with it, and learn from it. 6. Have realistic expectations of everyone, and have patience. Mayor Coughlin explained that there have been situations of expecting the impossible or near impossible from mere mortals. He pointed out that it is very difficult to live with the mantle of those high expectations, and this rule indicates that they should be realistic in their expectations. Follow the chain of command. Mayor Coughlin indicated this rule pertains to the recognition that in order for a good management structure to succeed, there must be a flow of information, so that each individual may perform their specific duties, most efficiently. • 8. Identify and prioritize issues, and clearly state directions and goals. Mayor Coughlin explained that they should not express themselves through vague concepts, but rather, get to the heart of the matter, and move on. 9. Tell the painful truth. Mayor Coughlin indicated that this rule is essentially, "tough love," in that there is no merit in dancing around an issue, or attempting to wallpaper over ideas that need to be discussed, because this behavior only serves to breed resentment. He advised that it is preferable to bring issues out in the open, deal with them, and move on. 10. Keep your sense of humor, and find some enjoyment in this job. Mayor Coughlin pointed out that regardless of what the letters to the editor may indicate, what their superiors may say, or what the Council may say, they are all humans, and need to keep their perspective. He noted that humor has been documented to be one of the best medicines available to mankind. Mayor Coughlin indicated they had referred to these rules as the "Ten Commandments," and would all sign the document, commit to these ideals, and hold each other accountable to them. He explained that if they work together as a team, they could accomplish much more than that they could do as individual cogs in the machine. Mayor Coughlin indicated the Staff/Council Retreat was difficult and painful at times, however, it was valuable, and was time and money well spent. Council Member Marty stated he had been apprehensive and anxious with regard to the Retreat, however, he had hoped for the best. He indicated there were some tense times, and some uncomfortable moments, however, by the end of the seminar, he felt that things had gone fairly Mounds View City Council March 22,1999 Regular Meeting Page 5 well. He explained that this had culminated with the admission of some of his errors and faults in front of other people, which was never a very comfortable situation, however, he hoped they could maintain these goals, and work in the same direction, as a team. Council Member Marty advised that they would not always agree with their fellow Council or staff members, because there were some very strong individuals involved. He pointed out that the City was not being led by a "bunch of sheep," contrary to some opinions. Council Member Marty indicated that at the Retreat, there was discussion pertaining to how to regain the publics' trust, and put their best foot forward. He stated they realize that this was not an overnight process, and it would take time for the public to become familiar with the Council Members and staff. He explained that he did not know many of those who attended the Retreat very well, however, after spending two days together, baring their souls, he had come to know them as people. He indicated this was always helpful, as opposed to simply passing each other on the way in and out of City Hall, or meeting for official business. He stated he hoped that they could all start working together to develop a vision for the City, and begin to earn the trust of the citizens, staff, and fellow Council Members. Council Member Thomason stated she also had doubts going into the Retreat, however, by the second day, was quite reassured. She indicated she was very impressed with the staff and the other Council Members, in learning about their values, and in that there was complete transparency with regard to any differences they had, which simply appeared to be more of a perception, than actual differences. She stated she found many similarities between Council and staff, and in fact, had a very enjoyable time. She expressed her appreciation to all, for participating m the Retreat, and being open. Council Member Stigney stated he also had reservations regarding the Retreat, as he has attended other such events in the past. He indicated that this particular Retreat was very productive in terms of bringing forward the problems of interaction between the Council and the staff, which has been an ongoing issue since he has been a Council Member. He stated everyone was straightforward in terms of bringing forward their actual concerns, and how they would like to have them resolved, and many issues were brought out into the open. He noted he did not believe everything was resolved, however, now that these concerns have been identified, it was a step in this direction. He advised that they should hold some follow-up sessions to address these matters on a more specific basis, and determine how they can really be resolved. He stated he was pleased with the overall outcome of the Council/Staff Retreat. City Administrator Whiting stated the Council's comments echoed staff" s feelings of skepticism going into the meeting. He indicated staff has attended several of these seminars, and were aware of patterns of behavior that seem to play out in the roles that Council and staff hold with the City. He pointed out that the ability to discuss these matters openly and honestly was necessary, however, the teamwork required for this type of business was necessary, because the success goes both ways. He explained that the success does not only go between the Council and staff, but also between City Hall and the community. City Administrator Whiting stated in reflecting upon his three years with the City of Mounds View, he realized that that he has worked for three different Mayors, and nine different Council Members. He advised that rt was somewhat difficult, throughout these changes, to gam an understanding of what is being required of you by the City. He explained that for some of the Mounds View City Council March 22, 1999 Regular Meeting Page 6 staff members, who have felt frustration in this regard, simply knowing where they were going, and coming to a positive understanding with the Council, in terms of the pressures and demand they are facing, is helpful. He noted that during the week, staff felt more upbeat, and made some changes with regard to the scheduling of staff meetings, and attempting to distribute Council packets out on Thursdays, instead of Fridays. He stated they would see how these things proceed, adding that it was hoped the community would begin to feel the benefits of this, as well. City Administrator Whiting stated Facilitator Carl Neu spent two days working on the teamwork aspect of the Council/Staff Retreat, and has agreed to return for an additional day of goal setting in the future. He explained that the only expense involved would be in terms of bringing Mr. Neu to the City, and providing for his lodging during that time. He indicated that Mr. Neu would be in the city of West St. Paul in April, and would be available for the City on Tuesday, April 20, if the Council was so inclined. He requested the Council Members review their schedules, and advise him, after which time, staff would either confirm or reschedule this date. Mayor Coughlin inquired if the city of St. Paul would be paying Mr. Neu's airfare, and the City of Mounds View would therefore, possibly only be required to pay for a hotel for one night, which would be a negligible amount of money. City Administrator Whiting stated he believed this was be correct, adding that staff would obtain the details in this regard. He indicated Mr. Neu would be coming back to West St. Paul for the same reasons he would be coming back to Mounds View, therefore, they would be responsible for their portion of the expense. Mayor Coughlin requested the Council Members review their calendars, and contact City Administrator Whiting as soon as possible. 5. REPORTS Council Member Marty had no report. Mayor Coughlin reported that although he was suffering from pneumonia, and against his doctor's orders, he had gone to the State Capital to testify on behalf of Representative Barbara Haake's Airport Legislation, which was before the Transportation Committee. He indicated that it was uncertain whether or not this legislation would be passed, and the matter was actually continued from a Thursday, to a Friday meeting, therefore, he, City Administrator Whiting, and several others returned at 7:00 the following morning. He explained that the legislation did clear this committee, with some negotiations behind the scenes, and would now be going before the House of Representatives for consideration. He indicated that Senator Novak was currently ushering similar legislation through the Senate, and anyone so inclined could certainly send a note of encouragement to Senator Novak, on behalf of this legislation. Mayor Coughlin stated Representative Haake had scheduled a Town Meeting, which was to be held in Council Chambers, the previous week, however, the House of Representatives had consumed all of her time, and she was unable to come to Mounds View, therefore, the schedule had been rearranged. He announced that the Town Meeting would be held in Council Chambers the following Wednesday, at 7:00 p.m., and anyone wishing to speak with Representative Haake regarding the airport issue, or any other issue, was welcome to attend. He indicated that Representative Haake would be available to the public, and encouraged citizens to attend. Mounds View City Council March 22, 1999 Regular Meeting Page 7 Council Member Thomason reported she attended the Ramsey County League of Local Government meeting the previous month, where there was a presentation pertaining to a new program for children that they are attempting to implement in Ramsey County. Council Member Stigney stated he was unable to attend the last Planning Commission meeting, however, had received a copy of the meeting minutes, and had spoken with one of the Planning Commissioners regarding the discussion at that meeting. He indicated that one of the items before the Commission was a request for a conditional use permit for Linder's Greenhouse, at Moundsview Square, which comes forward on an annual basis. He advised that this request was unanimously approved, and would be coming before the Council later in the evening. Council Member Stigney stated the Planning Commission would be holding three public hearings regarding variances. He indicated one was in regard to a request for a reduced sideyard set back at 5302 Raymond Avenue, and another pertained to a request for variance to allow for a pylon sign at the Kindercare facility at 2791 Highway 10. He stated there would also be a public hearing for a variance request to allow for a detached garage in the front yard of property located at 7805 Gloria Circle. He indicated all of these public hearings have been scheduled for April 7, beginning at 7:00 p.m., and anyone seeking further information in regard to these items was invited to attend the meeting. Council Member Stigney stated the Planning Commission was working very diligently on the Comprehensive Plan. He indicated they reviewed all of the revisions to the Transportation • component, which they have worked on in the past, and brought this up to date. He noted the Commission also made additional corrections and changes to the document. City Administrator Whiting stated most of the work the prior week centered primarily around the airport legislation, however, he was given the opportunity to publicly thank the outgoing Communications Coordinator, Tracy Sanchez, whose last day was Friday. He indicated Ms. Sanchez is now working for the County Attorney's Office, and staff was attempting to make up for the slack created by her departure. City Administrator Whiting stated staff has placed an advertisement for a replacement for this position. He stated the Council has not had the opportunity to spend much time discussing this matter, in terms of what this position should or should not be. He stated the current job description is the position Ms. Sanchez held when she began her employment with the City. He explained that if the Council so desires, staff would attempt to interview the applicants in relation to what appears to be needed, that may differ from that job description, and in terms of what the applicants could offer, and report back to the Council at a later date. City Administrator Whiting reiterated his thanks to Ms. Sanchez. He indicated she had done a good job, in just over two years with the City. He stated Ms. Sanchez had recently spent much time on the telephone system, which would be changed in a matter of weeks. He indicated they were currently encountering some difficulties with regard to the telephone lines at City Hall. He suggested that in the interim, those attempting to contact persons at City Hall utilize their direct lines, which are available in the Mounds View Matters. He noted that this might continue to be problematic for the next two weeks, however, it was not for lack of trying. Mounds View City Council March 22, 1999 Regular Meeting Page 8 City Attorney Riggs stated City Attorney Long, who was currently on vacation, had requested he forward a comment regarding the legislative effort. He indicated that citizen involvement was very crucial, and would be necessary within the next month, to insure this becomes a successful effort. No further reports were considered. 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Resolution 5322 Regarding Acceptable Times of Flights for City Business C. Contractor Licenses for Approval D. Resolution 5327 Approval for Purchase of Truck for Golf Course Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. Council Member Stigney requested Item D be removed from the Consent. Agenda for additional discussion. MOTION/SECOND: Marty/Thomason. To Approve the Consent Agenda for Items A, B, and C, as presented. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney stated at the last Work Session the Council had discussed the purchase of a truck for the golf course, however, Council Member Marty was called away on an emergency, and therefore, was unable to participate in the discussion. He indicated that since that time, he has asked several questions of City Administrator Whiting regarding this matter, and has not yet received answers to those inquiries. He indicated further examination of this matter was necessary, not only in terms of what the truck represents, but also in terms of the actual cost of the truck, and the financial standing of the golf course. Council Member Stigney requested the action be postponed until after the Council discusses the matter in further detail, perhaps at the next Council Work Session. Council Member Marty extended his apologies for being required to leave the Work Session discussion, adding that this was due to a medical emergency pertaining to his new son. Mayor Coughlin stated this was certainly understandable, adding that some things are more important than the Council Chambers, and family was one of them. MOTION/SECOND: Stigney/Marty. To Postpone Action On this Item Until the Council Has the Opportunity to Discuss the Matter in Further Detail, at an Upcoming Council Work Session. Ayes- 4 Nays - 0 Motion carried. • Mayor Coughlin advised that a postponement motion is open to debate, relative to the postponement. He indicated that Golf Course Director, John Hammerschmidt was present, and Mounds View City Council March 22, 1999 Regular Meeting Page 9 inquired if he would care to speak to this issue, keeping the discussion germane to the postponement. Mr. Hammerschmidt stated one year ago, as they were considering the problems they were encountering with the soil at the golf course, they decided upon certain remedies that would take a ten- year period of time to complete. He indicated at that time, they purchased equipment to facilitate these remedies for the soil, however, one of the pieces of equipment they did not purchase was a pickup truck, which had been authorized by the Council at that time. He explained that they could not determine whether they should purchase a 3/4 or j/2 ton truck, as this was not a priority at that time, because they were in the midst of making these corrections with their own personal vehicles, and borrowing equipment whenever possible. He advised that they were now aware they require a 3/4 ton pickup, and it is a priority, in order to make these corrections. He stated they plan to commence this work as soon as the weather permits, and without the truck, they would not be able to proceed. Mr. Hammerschmidt stated the Staff Report. indicates the options available, which include continuing to utilize their personal vehicles, or to spread out the time in which they perform these corrections, so that they do not impact the golfers. He pointed out that the pickup would be used for other purposes, and would also be a replacement truck for the small Ranger pickup that was purchased used in 1994, and has 88,000 miles on it. Mr. Hammerschmidt indicated another option would be to purchase a good used pickup. He pointed out however, that the City typically receives a price break from dealers when purchasing new vehicles, and the City decided it was worthwhile to do this. He explained that they would keep the vehicle for a long penod of time, and replace it in ten years, when the cycle has expired. He stated this would be considered be a normal purchase. He indicated he had moved this matter from anon-budget extraordinary budget item, to the budget, because he believed it was a priority, as opposed to some of the other purchases being considered. He explained that they were currently researching the purchase of mowing equipment, however, the equipment they currently utilize is still adequate for mowing. He advised that the repair of the soil was the priority, at this point in time. Mr. Hammerschmidt stated he believed he was clear to make this purchase three years prior, when a $25,000 Interfund Loan was going to be made to the Contingency Fund to cover these types of purchases. He stated he had informed the Council they did not desire to proceed with this purchase at that time, and had indicated that when they required something, they would come before the Council to request it. He stated that in his understanding, a necessary item that falls under the $25,000, and does not require to be bid out, was simply within the process of normal purchasing, and the City Administrator could either approve it or not approve it, based upon his knowledge of the situation. City Administrator Whiting stated staff had discussed this matter, in terms of whether or not it was required to come before the City Council. He explained that in recognition of the questions that had come forward with the previous Council, regarding the size of the truck, and being aware of Council Member Stigney's interest in the matter, staff decided to include the item on • the Consent Agenda, with expectations that there would be some questions pertaining to it. City Administrator Whiting stated Mr. Hammerschmidt, through the Staff Report, and through his presence at the meeting has attempted to answer some of these questions. He suggested that Mounds View City Council March 22, 1999 Regular Meeting Page 10 if the Council was not comfortable with the amount of discussion at the last Work Session, perhaps other questions pertaining to the overall picture of the finances at the golf course could be addressed at an upcoming Work Session. City Administrator Whiting pointed out that two additional questions had come forward regarding how this consideration relates to other City trucks, particularly those in the Public Works Department, and whether or not there is a truck which could be utilized for this purpose. He indicated there was also the matter of the personal use of vehicles, which has come forward on occasion, and possibly warrants discussion as well. He stated he had not seen anything of concern in this regard. He noted that through speaking with Mr. Hammerschmidt, and based upon the location of his residence, it would appear to be cost effective to take a truck home, in order to pick up a load on the way to the golf course, or to have the vehicle maintained. Mayor Coughlin advised that the discussion should be germane to the postponement. Mayor Coughlin stated in light of the Staff Report, and the fact that they were beginning to see 50-degree temperatures, it was simply a matter of time before the frost would be off the ground, and the golf course could be opened. He advised that the sooner this occurs, the better, adding that the better the quality of the golf course, the more it would be utilized, and people would be willing to pay their hard-earned cash to do so. He stated the Staff Report had provided answers to the majority of questions he had in this regard, and for this reason, he would oppose the postponement. • Council Member Stigney inquired how postponing the decision until after the April 5 Work Session would be detrimental to anything they were proposing to do at the golf course, and why this could not be resolved in conjunction with utilizing a vehicle from the Public Works Department. Mr. Hammerschmidt indicated he was not clear regarding the Public Works Department schedule, in terms of available vehicles. He advised that the previous Council had discussed how the golf course could do a quid quo pro with other departments, when the golf course is an enterprise unit. He explained that in the past, as the Golf Course Director, he has performed certain tasks such as spraying the parks, and has used Parks and Recreation Department equipment at the golf course, which was the nature of this agreement. He pointed out that previous Council's have directed the golf course to be certain they remain separate, and not utilize City-owned or other City facilities to make the golf course successful. Mr. Hammerschmidt stated the Public Works Department has no tracking method by which to charge for equipment, and even if there was a Public Works truck available for the year, there was an issue regarding how the charges would be calculated, and who would set the price. He indicated he had discussed this matter with Director of Public Works Ulrich, who advised that during the same period of time they become busy, the workers for both the parks the streets are utilizing the vehicles, therefore, it was his understanding that no vehicle would be available. Mr. Hammerschmidt stated he could not schedule the use of a truck, because he did not know in advance when they could proceed with the project. He explained that much this would relate to the timing between the busy morning crowd, and busy leagues. He indicated that oftentimes there is an hour and a half window, between noon and 1:30 p.m. during which the work can be done, however, that maybe all they are able to accomplish on that particular day. He stated that Mounds View City Council March 22, 1999 Regular Meeting Page 11 two days later, there might be another two-hour period to perform the work. He explained that they attempt to do this work with as little impact to the golfers as possible. He reiterated that the truck was not only critical for one area of the operation, but rather, was probably most critical in the normal course of operations, as well as being a replacement vehicle for the truck they currently utilize. Council Member Stigney reiterated he would like to postpone the decision until after further discussion is held at the Work Session. He explained that there were several questions that have come forward, and he believed reacting to this matter at this time would not be appropriate. He indicated the Council should examine the matter further at the April 5 Work Session, adding that he did not believe this would be detrimental. Council Member Marty inquired how much time it would take to acquire a vehicle, if the purchase was authorized at the beginning of April. City Administrator Whiting stated the vehicle is proposed to purchased off of State bid. Mr. Hammerschmidt indicated that the State bid was closed for the year. He explained that if they were able to obtain a vehicle in this manner, it would not be available for 120 days, or longer. He advised that the golf course is able to secure fleet vehicle prices from the dealerships, and these are frequently less than State bid prices. He pointed out that because the purchase would be less than $25,000, they would be able to obtain three good bids, and accept the lowest of these. He noted that this allows them to consider special circumstances when purchasing vehicles, such as vehicles that are a year old, or demos. He explained that one dealer informed him they had a truck with 700 miles on it, which was being returned to their dealership by the original owner, and these types of vehicles were also available for consideration. He indicated the State bid amounts were running approximately $22,000, and they were requesting authorization to purchase a vehicle for less than that amount. Council Member Marty inquired if the Council were to authorize this purchase at the very beginning of April, could the golf course obtain a vehicle and have it working in a relatively short amount of time. Mr. Hammerschmidt stated they could. He explained that this was simply a matter of gathering the bids, and going through the normal bid process. Council Member Marty inquired if such matters had not come before the Council in the past. City Administrator Whiting explained that this type of purchase was not required to go through the Council, in that it is included in budget and procedurally, this is simply a matter of making the purchase. He indicated staff has the authority to approve such a purchase however, they realized that there may be some questions, and did not wish to proceed in the event there were some greater concerns. Council Member Marty inquired if the Council's questions were answered at the next Work . Session, could the truck be purchased the following day. Mr. Hammerschmidt stated this was correct. Mounds View City Council March 22, 1999 Regular Meeting Page 12 Mayor Coughlin advised the item would require official Council action at the regular Council Meeting, which would be held on April 12. He inquired if this would allow sufficient time for this work to commence, without causing any harm. Mr. Hammerschmidt stated it would. He explained that one of the reasons he did not proceed with this matter on December 30, prior to the Council Members taking office, was because he was aware the Council held golf course sessions, and the Council Members desired input into these matters. Mayor Coughlin stated he would agree to the postponement, in light of the fact that it was acceptable to Mr. Hammerschmidt. Ayes - 4 Nays - 0 Motion carried. Mayor Coughlin requested, in consideration of the citizens present for the Public Hearings, the Council consider Unfinished Business after Council Business. 7. UNFINISHED BUSINESS A. Long Distance Phone Bills This item was considered following Council Business. 8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Tony Zuk, 5671 Quincy Street, stated he would like to personally thank the Council for the repairs that were made to Quincy Street. He indicated it had been approximately five years since that street was repaired, and he had called City Hall on Monday in this regard. He stated the children like to play in the snowbanks in this area, and vehicles drive by at 50 miles per hour, and splash the children. He stated he did not appreciate having to deal with the muddy clothing, in addition to his son's cold, which this did not make any better. He extended his appreciation to Mayor Coughlin for having the Public Works Department perform this repair. Mayor Coughlin interjected that the credit should go to Mike Ulrich, the Director of the Public Works Department, and he had simply forwarded Mr. Zuk's comment on to him. He advised that Director of Public Works Ulrich had dealt with this matter, and therefore, should receive the accolades. Mr. Zuk extended his appreciation to Director of Public Works Ulrich. Mr. Zuk indicated he has been finding empty beer cans and liquor bottles in the area surrounding the trails behind Oakwood Park, and was aware that alcohol was not permitted in City parks. He noted there were also matches and cigarette packages in the area. He stated his son was six years old, and he was afraid to allow him go back into this area without supervision. He indicated there was objectionable graffiti on the playgrounds, and the spray painting was out of control. He suggested the Police Department perform a walking beat in this area. Mayor Coughlin stated he would forward this information to the Chief of Police. Mounds View City Council March 22, 1999 Regular Meeting Page 13 Mr. Zuk stated along the trail walk behind Oakwood Park, and up to Greenfield Park, there was a bridge across the creek, and the cables that support the bridge have fallen down, which presents a potential safety hazard. He explained that there was also graffiti, and empty liquor cans and bottles m this area. He advised that the badge should to be repaired, and this area should be policed as well. He requested .Mayor Coughlin suggest to the Chief of Police that the Police Officers walk through this area, instead of radaring the traffic on Long Lake Road or County Road I. Mayor Coughlin stated there was an ongoing debate, in terms of whose backyard to police. He advised that the Police Department does its utmost to attempt to balance this out, adding that this was quite a task, and he certainly would not attempt to coordinate it. He stated his hat was off to the Police Department for doing a wonderful job. Mr. Zuk suggested the residents organize a citizen's patrol to act as the "Eyes of the Police." He indicated the cities of St. Paul and Minneapolis do this with their reserve officers. Mayor Coughlin suggested Mr. Zuk speak with the Chief of Police personally, and share his concerns and suggestions. He explained that he would pass this information on, however, to further address his concerns, Mr. Zuk could contact the Chief of Police directly. Council Member Marty added that if the residents have a question or concern regarding the roads or the streets, rather than calling the Council Members or the Mayor, they contact the Department of Public Works. He indicated this was one of the items discussed during the Retreat, and it was noted that rather than attempting to go through a variety of channels to address their comments and concerns, residents should contact the appropriate department directly. Mr. Zuk reiterated his appreciation to Mayor Coughlin and the Public Works Department for the repairs that were made to Quincy Street. Director of Public Works Ulrich stated a sanitary sewer repair had been made in this area of Quincy Street several years prior, and a sleeve was installed, in order to avoid having to excavate the entire site, and installing a new piece of concrete pipe. He explained that this sleeve began to fail late this winter, and when he received the comment from Mr. Zuk, he had gone to the site to examine it that evening. He indicated the following day he requested one of the Wastewater employees to check on this repair, and this particular employee, who also operates the snowplow in this area, indicated he had noticed that a sinkhole was developing. Director of Public Works Ulrich advised that unless the residents' concerns and comments are brought to the attention of the Department of Public Works, they have no means to be aware of some of these things. He indicated they could not be on every street at all times, therefore, potholes and sinkholes develop. He explained that of particular importance are the sinkholes and dips in the middle of the road, because these indicate that there is something wrong with the infrastructure below the surface Director of Public Works Ulrich stated in this case, they had gone to the site to televise the sewer system the following day, and found there were some cracks, and places where the pipe had actually been misplaced. He indicated the contractor who had performed the original repair, came out to the site, and repaired it again. He noted this contractor was at the site for quite some Mounds View City Council March 22,1999 Regular Meeting Page 14 time of Friday night, at no charge to the City. He advised that this repair has been completed, the blacktop would be removed and class five would be brought on to the site for use until a permanent surface could be laid. David Jahnke, 8428 Eastwood Road stated he had a problem with regard to the golf course, as he had previously had with regard to the Bel Ray. He explained that he was not certain, however, no one has proven to him that the golf course has made any money, and now they were proposing to purchase a new truck. He stated there were concerns regarding the cost of items the City owns. He requested the Council carefully examine these costs, as it was the peoples' money they were spending. Mr. Jahnke stated he was shocked at the attitude that had come forward with regard to the long distance telephone calls. He stated he has never heard of any large company making personal telephone calls from their place of business, on company time, and having no accountability for this. He stated a resident had contacted him that date, and requested he forward her comment regarding her disbelief at Mayor Coughlin's statement that it would cost more to investigate this. He pointed out that they should simply stop this. Mr. Jahnke requested the City employees be accountable for the people they work for. He stated he was shocked to hear about the telephone calls, adding that although they might be minor, if these minor things continue to occur, major things would occur as well. Mayor Coughlin thanked Mr. Jahnke for his comments, adding that the long distance telephone calls would be discussed later in the meeting. Jim Schmidt, 5446 Ericson Road, stated it had come to his attention that within the next year or two, Trunk Highway 10 would be turned back into a County State Aid Highway, as the construction of Highways 118 and 610 was completed. He stated in his understanding, when the work on these roads is completed, this would occur quite abruptly, in that the State would want to re-designate the road, and would have some say with regard to the acceptance of the turnback. Mr. Schmidt advised that there is an opportunity presented in this, whereby the City could obtain some of the things that are needed and have been identified in the Comprehensive Plan and the redevelopment plan for Highway 10. He explained that the City could probably obtain monies from the State, and definitely work with the County, to insure that the road is in good repair, and to some extent, reconfigured more to the City's liking. Mr. Schmidt stated there was a specific opportunity with cooperative agreements that commence at this time, and run through October, for fiscal year 2001, wherein monies could be made available. He stated he would encourage the City to examine this, and determine if anything could be done in this regard, as the turnback of Highway 10 would occur at approximately the same time. Mayor Coughlin stated staff could certainly look into this, adding that this was wise counsel. Dan Mueller, 8343 Groveland Road, stated his concern was in regard to the speed of travel on Groveland Road. He indicated he has been to City Hall on several occasions, and twice before the Council to request something be done about this problem, however, in his opinion, his Mounds View City Council March 22, 1999 Regular Meeting Page 15 comments were ignored. He stated he did not believe he was requesting too much, but rather, was asking for the safety of the children on their street. Mr. Mueller stated he could remember when different individuals had taken office, and their streets appeared to be patrolled quite heavily. He indicated Long Lake Road has sidewalks, and although the residents probably do not desire sidewalks on Groveland Road, this street has now become a direct thoroughfare for commuters between Highway 10, and 85`h Avenue, travelling out to Highway 118, and then 35W, because of the lack of metering lights. Mr. Mueller stated this traffic was not generated by the people living on these streets, but rather by people passing through the area. He noted that earlier, Mayor Coughlin had indicated they would like to obtain some hard earned cash from people at the golf course, and pointed out that they could obtain much hard earned cash from many of these people, if they put some of the Police Officers on this street. He stated he realized that they are limited in this regard, however, he did not believe this was a passing issue. He advised that the problem persists, and the more these people utilize this street, and as Highway 118 is developed, the worse the situation becomes. Mr. Mueller stated in his opinion, this was a major problem, and something must be done about it. He commented that there could not have that many "bad guys" running around Mounds View. He suggested that if the Police Department would flood this area for one week, it would send a message to the people who use the street on a daily basis. He stated he was able to identify the vehicles that traveled this street every day, and these were the same people. Mayor Coughlin indicated he lived on the north end of town, on Sprang Lake Road, and the Director of Public Works could attest to the fact that this road is in an extremely poor state of repair. He stated this road would be renovated in the coming months, however vehicles speed in this area as well. He explained that he stands by his mailbox, and sees trucks and busses travelling at speeds in excess of 30 miles per hour. He stated he could understand Mr. Mueller's concerns, because people use this road as acut-through between Highway 10 and County Road J, as well. Mayor Coughlin stated this was an ongoing concern, and he would speak to the Chief of Police personally in this regard, and would continue to discuss the matter until it is resolved. Mr. Mueller stated if the City could not afford signs, or the manpower necessary to put up the signs, he was certain that he could obtain the help of several people in his neighborhood to assist with this. Mayor Coughlin reiterated that he would personally discuss this matter with the Chief of Police, and would inform Mr. Mueller regarding the results of this. Council Member Marty thanked Mr. Mueller for coming back before the Council. He explained he was aware that Mr. Mueller had addressed this issue a number of times, and had received a less than desirable response. He advised that this was one of the reasons this matter was included as Unfinished Business on the Agenda, and would remain on Unfinished Business until it is addressed. Mounds View City Council March 22, 1999 Regular Meeting Page 16 Jerry Blansky, 2933 Woodale Drive, stated he was before the Council for two reasons. He indicated that he had come to observe the new Council for the first time, and also to formally thank the Council, the previous Council, and City staff. He indicated he would be leaving the meeting with a good impression of the new Council. Mr. Blansky stated he was before the Council on December 28, regarding his frustration over the cigarette machine at the Mermaid. He stated in one night alone, he and his wife had observed two groups of teenagers purchasing cigarettes at this location. He advised that if this was occurring this frequently in one night, it was likely occurring at different times as well. Mr. Blansky indicated Assistant to the City Administrator Schmidt had called him, and told him a switch had been installed on the cigarette machine. He stated he decided to test the switch, and put his money in the cigarette machine, pulled the lever, and was not able to get any cigarettes. He explained that he went to the bartender who pulled a switch, and the cigarettes came out of the machine. He noted he had decided to test this further, to determine if the switch had been left on, however, once again, he could not get cigarettes from the machine, and determined that this system was working. He expressed his appreciation to the Council, and particularly to Assistant to the City Administrator Schmidt, for sending the letter to the Mermaid regarding their cigarette license. Mr. Blansky noted a flyer at the Community Center, which indicates "Let's make smoking extinct." He stated the City was distributing these flyers throughout the community, and by this • action at the Mermaid, was doing their part to curtail these problems. Mayor Coughlin extended his appreciation to Assistant to the City Administrator Schmidt for her assistance in this regard. There were no further requests or comments from the floor. 9. COUNCIL BUSINESS A. Woodcrest Park Wetland Mitigation Public Hearing Mayor Coughlin opened the Public Hearing at 8:00 p.m. Director of Public Works Ulrich stated this mitigation project commenced on behalf of the wetland at the Community Center. He indicated staff and the consulting engineers surveyed numerous sites through town to attempt find a suitable site for the mitigation of this wetland. Director of Public Works Ulrich stated approximately .48 acres was required to mitigate the Community Center. He indicated out of all of this sites surveyed in the community, Woodcrest Park was determined to be the best, in terms of its compatibility to the mitigation, and its surroundings, and part of this was due to the original makeup of the area. He explained that 20 to 25 years ago, this area was very wet, and not much was done with it. Consequently street sweepings and dumpings were put into the site, and eventually it became high enough, and in some years, dry enough, to become a park. He stated park amenities were installed, including a hockey rink, a park shelter, and playground equipment. Mounds View City Council March 22, 1999 Regular Meeting Page 17 Director of Public Works Ulrich indicated that in recent years the hockey rink was removed, due to the difficulty in attempting to get ice to the area, and maintaining the ice, which involved a considerable effort. He stated the park shelter structure, which was currently very unstable due to the shifting soils and the very high water table, was cited for removal and replacement this year. He added that in many years the playground area is under water, and is almost unusable at times. Director of Public Works Ulrich stated the City Council directed staff to proceed with the permitting for the mitigation of the Community Center site, and a $20,000 bond was presented to the Rice Creek Water Shed District to continue with this site. He indicated that through the permit process, the City has one year in which to commence the mitigation. He explained that this public hearing was being held on order to obtain public input into this project. Director of Public Works Ulrich stated staff has sought comments from the Rice Creek Watershed District regarding the stipulations of the mitigation. He advised that State Statute requires the City mitigate the wetland within the community, and also within the local watershed, which is the Rice Creek Watershed District Director of Public Works Ulrich stated the last opportunity the City would have to do anything in terms of mitigation would be to purchase some credits in an available wetland bank, and the only available wetland bank they could find was in Columbus Township. He advised that according to the Department of Natural Resources, the Army Corps of Engineers, the Rice Creek Watershed District, and local statutes, that would not be acceptable. Director of Public Works Ulrich explained that the entire park would be removed from its current state. He stated the building would be removed, as well as the playground equipment, which would likely be relocated to Groveland Park. He indicated there would be two water quality ponds, one located on the east end of the park, along Woodcrest Drive, and another small pond, along Silver Lake Road, with a bituminous walking path throughout the entire area. Council Member Marty inquired when the time period for mitigation would expire. Director of Public Works Ulrich explained that barring any contingency or major difficulties, the project would be completed in November of 1999. Council Member Marty advised that there are a number of parks in Mounds View, however, only two parks on the south side of the City. He indicated the Parks and Recreation Commission had discussed the possibility of relocating the playground equipment to Random Park, because the equipment currently at this park is designed primarily for very young children. He pointed out that this would provide that the residents on the south side of Highway 10 would have a greater variety of playground equipment. Director of Public Works Ulrich stated staff could research this matter. He noted Random Park has its own unique wet areas, as well. He explained that to the south of the shelter, which is about the only grassy area of the park, with the exception of a small area along the Long Lake Road frontage, this park was also is very wet during wet years and periods of high rain. Mounds View City Council March 22, 1999 Regular Meeting Page 18 Director of Public Works Ulrich indicated the proposed project has received Park Board approval. He stated the previous Parks and Recreation Director had taken this proposal before the Board, which saw this as a good site for a passive park. Mayor Coughlin stated he had also spoken with Director of Public Works Ulrich regarding options of looking into the property that would be created with the realignment of Edgewood Drive. He pointed out that the Council has expressed a desire to relocate the holding pond to the other side of the street, and there may be some potential to work with this land in terms of mitigating the Community Center wetland as well. He stated he had brought this forward late in the day, therefore, the Public Works Director has been unable to obtain the opinion of the City engineers, however, this may be another option. He indicated although he would like to obtain as much public comment as possible at this time, he was inclined to continue the matter until staff has had the opportunity to explore other options. Council Member Marty stated the question regarding the use of this area has been put to the public in a survey, in the latest edition of the Mounds View Matters. He indicated that if the residents complete this survey, and return it to City Hall, it could assist in the decision regarding whether or not to have a wetland adjacent to City Hall, and possibly developing this area, or maintaining the area as green space. He stated public comments were welcome and necessary. Director of Public Works Ulrich advised that the reason the entire park was proposed for this project was the possibility that they could create approximately 1.5 acres of wetland bank. He noted there were some discussions with the Ramsey County Soil and Water Resource Board, as well as various engineering opinions and observations regarding this site. He explained that these observations, further research into the sail borings, and actual samples would be available in approximately two weeks. He indicated that if they determine the entire park could be turned back into a wetland, this would result in approximately 1.5 acres of wetland credit. He explained that this is very close to the amount of acreage that would be required in the future, if Silver Lake Road is reconstructed, and a trail placed along the entire length, from County Road H, to Trunk Highway 10. He stated the 1.5 acres of wetland credit could be utilized for this purpose, sold, or banked for other purposes. Mayor Coughlin pointed out that in light of the fact that the soil borings would be submitted in two weeks, it would behoove the Council to continue this discussion until this information is available. He indicated however, the Council would welcome the comments of the public at this time. Jerry Galvin, 5080 Long View Drive stated his home was approximately two houses from Woodcrest Park. He indicated that it was difficult on the weekend at any given time, not to see someone playing in this park. He stated the Woodcrest Park was supposed to have been completed 30 years ago, and some type of a fence was supposed to have been constructed along the ditch. He stated he understood there was a significant wetland problem in this area. He indicated he also understood the City was not completely prepared for the public hearing at this time. Mr. Galvin stated he had seen no drawings of this proposal, however, he expected to examine the drawings before the decisions were finalized. He indicated he has been a resident of Mounds View for 40 years, and his children play in Woodcrest Park. He stated there were four parks on the north side of Highway 10, and 2 to the south, however he could not see sending a 5 or 6 year- Mounds View City Council March 22, 1999 Regular Meeting Page 19 old child from Long View Drive to Random Park to play. He stated he believed Woodcrest Park was necessary, and should be upgraded, instead of downgraded. • Mayor Coughlin stated Director of Public Works Ulrich has some plans that were drawn by the City Engineer, and in as much as they might be helpful, staff could provide Mr. Galvin a copy. He pointed out that this park, at least in part, was built upon a peat bog, and the ground was unstable. He advised that if they chose to retain the park, they would have to build the structures on pilings, in order to stabilize them. Bruce Brazenly, 5127 Long Lake Road, stated he respected Mr. Galvin's opinions, and has not lived in the City for the same length of time, however, he has been observing the park for many years. He indicated his property was in close proximity to the corner of Woodcrest Drove and Long Lake Road, and he oftentimes drove past the park. He stated in his opinion as an earth scientist, his education being in geology, it would be very difficult to significantly improve a park in that location, due to the underlying surface geology. Mr. Brazenly stated he believed this area was a peat bog, after having watched it for many years, and noting the instability of the ground when the ice rink was in place, as well as seeing the water that runs into the volleyball pit and the playground area. He advised that unless they were to actually excavate the peat, and bring fill into the area, which would be very expensive, it would be nearly impossible to stabilize this ground to the point that it would cease to attempt to continue its life as a wetland. He pointed out that this was the original nature of this area, and this was how it should return. Mr. Brazenly stated he was a strong advocate of parks. He indicated that the best solution would be to find another area south of Highway 10 that could be considered as a replacement for this park. He stated there were some lots toward the western edge of the City that are either owned by the City, or were at one time. He stated consideration of a park in this area might stir up some controversy, because the residents may or may not wish to have a park located adjacent to them, however, it would be worth investigating. Mr. Brazenly stated he did not have all of the answers, and did not necessarily completely disagree with Mr. Galvin. He stated he saw a need for parks south of Highway 10, having been a resident of the area for more than 7 years. He advised that Random Park and Silver View Park are located quite a distance from a certain section of town, particularly the southwest corner, and something should be considered in this area, in order to mitigate the loss of the park. He advised however, it would be appropriate to return Woodcrest Park to its natural state, which is that of a wetland. Ann Perkins, 5113 Red Oak Drive, stated her house literally backs up into Woodcrest Park. She stated she has lived on this property for 23 years, and has had lake front property many times when it rains. She noted that the previous Saturday, there were even ducks in the area. Mrs. Perkins stated in her opinion, the park shelter is an eyesore, and she would like to see it be removed. She indicated the building was musty smelling, and currently has a broken window, which has been boarded up. Mounds View City Council March 22, 1999 Regular Meeting Page 20 Mrs. Perkins stated she did not object to the parking lot, and it would be nice if the playground equipment could remain. She pointed out that her children had played in this park. She advised • however, the area was always wet, and would always be a swamp. Mrs. Perkins indicated there was a park in New Brighton, one street over on Red Oak Drive, which her children also played at, and this park was dry. She stated this park was closer than the others were, and she had taken the time to walk there with her children, when they were young Mike Doran, 5092 Long View Drive, stated his home was located on the corner of Woodcrest Drive and Longview Road. He stated he has lived in this area for approximately one year, and the park was one of the reasons they had purchased this property. He stated he has many family members who enjoy playing volleyball, and they have planned to use the volleyball court. He indicated he also has younger family members who enjoy using the playground equipment. He stated with the exception of these areas, the park is generally under water. Mr. Doran indicated that people use this park, and let their children play on the slides. He stated he was not certain what was best for the park, however, he would like the volleyball courts and playground equipment to remain. Jerry Blansky, 2833 Woodale Drive, stated he had not prepared for this discussion, and was not aware this matter would be coming forward at this time. He indicated this land had originally belonged to his grandmother. He advised that this was lowland, comprised of cattails and other vegetation, and full of holes, however, the children enjoyed playing in it. He explained that when Twelve Oaks, all of which was his grandmother's property, was developed, his cousins had taken the property and extended north in one section, and as this property was unbuildable, it was donated to the City for a park. Mr. Blansky stated he would still like to see this land remain a park, however, it has not been maintained. He explained that it is full of weeds and water holes, and the sand and the timbers are not taken care of. He stated there has been no fence for the moat, and people are reluctant to bring their children to the park because of the deep water along Silver Lake Road, and even along Woodcrest Drive, however, for whatever small reason, he would like to see the park remain. Mr. Blansky suggested an area of this property might be excavated to allow the land to drain. He pointed out that that when the area south of Random Park was developed, they excavated the land and drenched it all out to create a nice lake, and built homes around it. He stated he was not aware if this was possible in this area, however, he would like to have the options researched to see if they could leave the park. He added that this was not only for sentimental reasons, however, that was part of it Mayor Coughlin stated if this matter is postponed, staff could certainly explore these options as well. David Fitzgerald, 5107 Red Oak Drive, stated his property was adjacent to and overlooking the . park. He indicated in his opinion, a city has no boundaries, as far as children are concerned. He stated he was aware of the park two blocks south, in the New Brighton area, and in his opinion, this is a very mce place for children to play. Mounds View City Council March 22, 1999 Regular Meeting Page 21 Mr. Fitzgerald stated Woodcrest Park has been a good weed site during the last two years, and he would rather see cattail with a pond, and ducks, than ground level water, which promotes weeds. He reiterated that two blocks from this area was a very nice park for children to play in, and although it may not be in Mounds View, he did not believe children were particular regarding which city they played in. Mr. Fitzgerald stated he would like to see Woodcrest Park come back to nature, in the sense hat there was nothing wrong with the pond. He stated it was enjoyable to watch children throw stones in a pond, as well as play in a park, and this simply depends upon what the surrounding residents desire to have around their houses. He stated he would like to have moved to lake front property a few years ago. He added that hopefully, with this proposal, he would not have to move out of Mounds View, because this would be in his back yard. Mayor Coughlin closed the Public Hearing at 8:30 p.m. Mayor Coughlin stated, in the interest of time he would move to continue the public hearing process, in order to discuss this matter further at a future Work Session, once staff has gathered the information. He stated he would also indicated that the decision regarding which Agenda this item would be placed on, would be at the discretion of the City Administrator and himself. MOTION/SECOND: Coughlin/Marty. To Continue the Public Hearing Process, in Order To Discuss this Matter Further at a Future Work Session, Once Staff has Gathered the Information, and that the Decision Regarding Which Agenda this Item be Placed On, Be at the Discretion of the City Administrator and Himself. Council Member Stigney stated Director of Public Works Ulrich had earlier mentioned that wetland credits up at Columbus Township not applicable because the Rice Creek Watershed District would no longer approve them. He inquired if there were any alternate sources for wetland credits that could be utilized. Director of Public Works Ulrich stated to his awareness, there were not. He pointed out that he had learned about the Columbus Township site from the Rice Creek Watershed District, at the time this project commenced at the Community Center. Council Member Stigney stated the estimated cost for this project was $174,100. He added that the Rice Creek Watershed District does not want the City to move the mitigation out of the City, and would not approve or allow this. He inquired therefore, if the Watershed District was willing to share in the cost of this project. Director of Public Works Ulrich stated they were not. He indicated he had posed this question to the Watershed District Administrator, in that, if it was to cost the City $174,000 to do this, and part of the permit process was to provide $20,000 to purchase wetland credits, why would the City wish to spend this amount of money. He stated the response was for the same reasons he had earlier stipulated, in that it is by State Statute that the City must do everything within its power and means to mitigate the wetland within the watershed district, and the City. M Director of Public Works Ulrich stated many people have comments regarding the pros and cons of wetlands versus playgrounds, however, the matter is regulated by State Statute. He advised that if the City had absolutely no undevelopable land, and no place to mitigate the Community Mounds View City Council March 22, 1999 Regular Meeting Page 22 Center, they would have the opportunity to purchase wetland credits, however the Watershed District does not see this as a viable option. i Council Member Stigney inquired if there were any other governmental entities that might assist with the financing in this effort. Director of Public Works UIrich stated not that he was aware of, however, he could research this. He pointed out that when he had spoken with the Watershed District Administrator, Kate brewery, earlier in this regard, she had indicated this was somewhat the cost for doing business, in that when you mitigate a wetland, you must provide for its replacement. Council Member Stigney asked the City Attorney if the City had any legal options or avenues that might be pursued by a city for wetland mitigation. City Attorney Riggs stated he was not aware of any. He indicated that in his experience with other cities, this was basically a "bite the bullet" situation. Director of Public Works Ulrich stated the cost estimate presented to the Council was based upon the mitigation of the entire site, and actually receiving the credits. He explained that this proposal would represent some value, if 1.5 acres of wetland credits were made available for resale to a private entity or citizen group, or for future mitigation. He pointed out that if they determine in a few weeks, through the soil borings, that this is not entirely possible, then the cost of the project would decrease. Council Member Marty stated the area north of Woodcrest Park was a designated wetland. He inquired if there was any way this area of wetland could be expanded. Director of Public Works Ulrich stated he believed it probably could be expanded, however, he did not believe the City owned this property. He indicated there was a small area of wetland that extends down into the park at this time. Council Member Marty stated particularly last fall, when he was campaigning for office, a number of residents along Silver Lake Road had asked about a sidewalk or pathway in this area. He inquired if this would not be possible unless they gave up Woodcrest Park, in that they would need some reserve wetland acreage in order to create such a pathway. Director of Public Works Ulrich stated this was correct. He explained that the City would be responsible for the mitigation of the additional construction of a bike path or sidewalk along that area. He stated the City would share in this cost with the County, if they decided to proceed with this, and according to the calculations of the City engineer, this acreage would be approximately the amount required to construct an eight-foot path along that entire segment. Ayes - 4 Nays - 0 Motion carried. B. Public Hearing and Consideration of Resolution 5314, a Resolution Regarding a Conditional Use Permit to Operate an Outdoor Flower Mart at the Moundsview Square Shopping Center. Mayor Coughlin opened the Public Hearing at 8:40 p.m. Mounds View City Council March 22, 1999 Regular Meeting Page 23 Planning Associate Ericson stated Peter Linder, representing Linder's Greenhouses has applied for a conditional use permit to operate the Linder's Flower Mart in the parking lot at Moundsview Square. He indicated Linder's Greenhouses has been in operation at this location for the previous six to seven years, and no changes have been proposed from the previous operation. He advised that the City requires any outdoor sales or service operation to go through the conditional use permit process. Planning Associate Ericson stated the issue currently before the Council pertains to the discussion of previous Councils and the Planning Commission, in regard to whether or not this process could move forward in a manner that would not require the applicant to come back before the Council in subsequent years. He explained that this would be applicable as long as this was a business the City desired to have, and there were no problems with it. He indicated this could be accomplished by creating a set of stipulations that would have to be met on an annual basis, and these stipulations would be vague in the sense that they would not pertain to one particular year. Planning Associate Ericson stated the costs involved in this operation would be the deposit for the hydrant, and deposits for any hardware, such as a wrench or an adapter valve, that would be required to be paid on an annual basis. He indicated the water usage charge would be calculated at the prevailing rate of 1,000 gallons per day, and this has been done in the past without any complications whatsoever. Planning Associate Ericson stated the Planning Commission examined the conditional use permit requirements, and found that they have been met, as they were m previous years. Staff has consulted with the City Attorney to insure that the Planning Commission resolution, which was approved, would be enforceable, and the City Attorney has indicated that it would be. Staff has also reviewed the Minnesota State Statutes to verify that this is possible, and has determined that it is, as long as the agreed upon conditions that are the basis of the conditional use permit are met. Planning Associate Ericson stated staff proposes that in subsequent years, the applicant bring forward certain materials, including a Letter of Intent, and a letter of permission for the use the property from the land owner. He advised that staff believes, with these stipulations, this proposal could work to the benefit of both the applicant and the City, and would not require staff go through the various processes they seem to perform on a repetitive basis each subsequent year. Planning Associate Ericson outlined the Council's options for action. He stated staff has drafted Resolution 5314, a resolution of approval, which mirrors the language and stipulations contained in the resolution approved by the Planning Commission. He explained that if the Council desires to act upon this item, any additional stipulations could be included, as well. Planning Associate Ericson stated the applicant was present and available to answer any questions. Mayor Coughlin inquired if Resolution 5314 was essentially a re-draft of the resolution approved by the Planning Commission. Mounds View City Council March 22, 1999 Regular Meeting Page 24 Planning Associate Ericson stated this was correct. Mayor Coughlin inquired if this action would in any way, preclude the Council, the Planning Commission, or any member of the City from revisiting this item. Planning Associate Ericson stated it would not. He explained that one of the stipulations indicates that the conditional use permit may be reviewed by the Planning Commission and the City Council, at the prompting of the Council, or in the event there are any problems associated with the operation, which come forward within any given year. He indicated this matter could be brought back before the Council, and there was nothing that limits the City's ability to revisit it. Council Member Marty stated one of the reasons that Linder's has received approval in the past is because the City does not have any greenhouses. He inquired if the City realizes any financial benefit from this operation. Planning Associate Ericson stated not directly. He explained that the operation is a benefit to the residents of the City, and there is a possibility of a minor economic spin-off, in terms of bringing consumers into the shopping center, however, the City does not realize any direct economic benefit from the operation. Council Member Marty stated he approved of the manner in which the Planning Commission has laid this out, particularly Item 7, which indicates "The applicant shall provide the following on an annual basis to the Director of Community Development: a. Letter of permission from property owner. b. Complete set of site plans. c. Narrative description of the proposal. Council Member Marty stated the Planning Commission had done a good job, and he concurred with their determination. Council Member Thomason noted language in the resolution that indicates "BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed." She stated she had been concerned that there was no clause for "at will" termination by both parties, however, Planning Associate Ericson had addressed this with his explanation. MOTION/SECOND: Stigney/Coughlin. To Approve Resolution 5314, Allowing for the Conditional Use Permit for Linder's Greenhouses, in a Form Consistent with Planning Commission Resolution No. 573-99. Council Member Stigney stated the Planning Commission examined this matter in detail, and were attempting to simplify the process. He indicated he agreed with Council Member Thomason's comment pertaining to the ability of each party to cancel at will. Mayor Coughlin stated this was intrinsically understood. He indicated he would second the motion, however, as this was a public hearing, he would entertain public comment on the matter prior to the vote. Mounds View City Council March 22, 1999 Regular Meeting Page 25 Bruce Brazenly, 5127 Long Lake Road, stated as one of the commissioners who had done some work on this matter, he would greatly appreciate this approach, not only for Linder's Greenhouses, but for other vendors as well. He pointed out that this would cut down on City staff time, as well as the time of the volunteer commissioners. He indicated this was a good move in the right direction. Mayor Coughlin stated he would concur, in that he is generally opposed to "red tape." There was no further public input. Mayor Coughlin closed the Public Hearing at 8:55 p.m. Mayor Coughlin requested for official statement, Council Member Stigney renew the motion. MOTION/SECOND: Stigney/Coughlin. To Approve Resolution 5314, Allowing for the Conditional Use Permit for Linder's Greenhouses, in a Form Consistent with Planning Commission Resolution No. 573-99. Ayes - 4 Nays - 0 Motion carried. C. Consideration of Edgewood Drive Realignment and T.H. 10 Signal Project Bid Director of Public Works Ulrich stated staff received five bids for the Edgewood Drive/Trunk Highway 10 signalization project. He indicated the low bidder was W.B. Miller, with a bid price of $463,311.85. He stated Barry Peterson of SEH has provided a detailed analysis of the entire bid packages, and amounts. Director of Public Works Ulrich stated staff recommends that the award be made to W.B. Miller, with a contingency that the plans have not received final approval from MNDot. He stated staff had recently been made aware of the fact that one of the individuals on the MNDot Review Committee has been on vacation for the last three weeks. He explained that staff does not anticipate any major problems, however, all of the members of this committee must put their stamp of approval on this project. Council Member Thomason inquired regarding the time frame for MNDot approval of this matter. Director of Public Works Ulrich stated he would hope to receive approval within the coming week. He indicated this matter was still in the process of review by Final Plans, and the Hydraulic Unit at MNDot. He explained that it has already been through this process once, comments and corrections have been addressed, and this was the final review, therefore, he would assume that the approval would be forwarded very soon. Council Member Marty inquired if there was any further information with regard to obtaining signal lights. Director of Public Works Ulrich stated he did not foresee any problems in this regard. He advised that in many cases, MNDot has specifications for the design of their signals, for Mounds View City Council March 22, 1999 Regular Meeting Page 26 example, where there is limited right-of--way, and signals must be moved farther away from the • road surface, or arms must be extended, and more design is necessary for the strengthening of the signal. He explained these are the situations that may result in some delays, however, Highway 10 has a standard right-of--way, and there was no need anticipated for further design on the signals. Council Member Marty inquired if the signal lights would be obtained without delay. Director of Public Works stated not at this time. He explained that the turn lanes for Highway 10, include the right-in, right-out at the Theater entrance, and both those on the north and south end of town. He stated the turn lanes north of Donatelli's were the first scheduled to proceed, and they have 10 days in which to complete this installation. He pointed out that in light of the good weather and relatively little frost, they should be able to commence with this in short order. He stated the intersection would be the next scheduled part of the project, in order to provide that it would be fully functional without the signal lights, before they are installed. He indicated the work on Edgewood Drive would coincide with the work on the intersection. Jim Schmidt, 5446 Ericson Drive stated the Council was violating one of the Golden Rules. He requested clarification regarding whether or not the signal plan had been approved. Director of Public Works Ulrich stated it was. Mr. Schmidt indicated that after a project is awarded, if there are any changes to the plan, this could be costly for the City. He inquired if there would be any impact on the progression of the fob, if the award were to be made m two weeks. He indicated the work could not commence, prior to obtaining the signatures of approval, and if awarding the bid could be held off until the approval was obtained. He explained that once the bid is awarded, the City would be committed. He inquired what the benefit there would be in awarding the job before the signatures are in place, as opposed to the potential risk. Director of Public Works Ulrich stated staff's recommendation, as indicated in the Staff Report, is to award the bid, contingent upon MNDot final approval. He advised that if the final approval comes back and involves a large amount of money that was not anticipated, at that point, the contract would not be approved. He explained that this action would simply allow them to remain in synchronization with the time line, and not require an additional two weeks to bring the project back before the Council. He stated that this would provide that if MNDot approval is received within the next few days, and there are no significant changes, they could proceed with the matter. Mr. Schmidt stated he was not aware that such a contingency could be included, however, this addressed his concerns. Mayor Coughlin noted for the record, Mr. Schmidt worked in this field, and had some experience in this regard. . Mr. Schmidt stated this was correct. He indicated Director of Public Works Ulrich was aware, as was he, that one of the three Golden Rules was not to award a bid before final approval, however, this did not appear to be what was being suggested. Mounds View City Council March 22, 1999 Regular Meeting Page 27 Council Member Marty expressed his thanks to Mr. Schmidt for posing this question, and to Director of Public Works Ulrich, for having the City covered. Wendell Smith, representative of Anthony Properties stated they would request the Council vote in favor of this item, with the contingency indicated. David Jahnke, 8428 Eastwood Road, inquired regarding the term "significant changes." He pointed out that the word "significant" is quite open, and could mean different things. He requested clarification in this regard. Director of Public Works Ulrich stated this term had been utilized in two different contexts. He explained that the plan has already been through the MNDot Committees for additional comment, and the corrections have been made. He noted that the majority of these corrections were merely identifying what would be State Aid eligible, and what would not. He indicated he had moved some of the amounts from the Surface Water Fund into a Local Project, and staff had submitted the entire parking lot project, because the design must be completely reconfigured in order to be State Aid qualified. He stated they anything that was within the right-of--way was discarded as local funding. He explained that all of these corrections have been made, and the last portion of the recommendation would authorize the Director of Public Works to sign all change orders up to the amount of 10 percent. He advised that staff does not anticipate this amount would be exceeded with this project, because they are so close with regard to the approvals. i Mr. Smith stated the original estimate from the City engineers was slightly over $600,000, and the current proposal would be coming in at slightly over $400,000, therefore, there was already a $200,000 savings between the estimated cost and the actual cost. Mayor Coughlin thanked Mr. Smith for pointing this out. He stated that actual bid was approximately $463,000. MOTION/SECOND: Coughlin/Marty: To Approve Staffs Recommendation, Contingent Upon Final Approval from MNDot, Given the Parameters the Director of Public Works has Indicated, in that Action Could not Occur Until the Information is Received, and If There is Anything of Any Significance, Over 10 Percent of the Bid, Brought Forward, that Was Not Anticipated During the First Review of this Matter, this Action Would be Halted, and Be Brought Back Before the Council for Further Consideration, Subject to a 5 Percent Change Order Limit, Before Being Required to Come Back Before the Council. Council Member Stigney stated he had previously been put on the spot for voting for something he really did not desire to vote for, under the threat of legal obligation. He stated he would have felt more comfortable with this, if the developer was paying half the cost for the signal light, rather than one-quarter, while the City pays three-quarters, however, he would support this action, in that the Council is legally obligated to proceed with it. Council Member Thomason pointed out that 10 percent of $463,000 was still quite a significant amount of money. She inquired if the Council would have an opportunity to review the changes, if any, in terms of a specific dollar amount, rather than a percentage. She stated she found the bid acceptable, however, was concerned that it remain that amount. Mounds View City Council March ZZ, 1999 Regular Meeting Page 28 Council Member Marty suggested the change order limit be changed to 5 percent. Mayor Coughlin inquired if Council Member Marty would care to offer this as a friendly amendment, and requested Director of Public Works Ulrich speak to this issue. Director of Public Works Ulrich stated the change order percentage, which varies somewhat by project and agency requirements, is utilized for unforeseen situations that occur on the job. He explained that if they were to begin excavating land that is currently park land, and determined that between the 20 foot soil borings, 40 or 50 yards of asphalt had been dropped in, this contingency would authorize him to have the ability to allow the contractor to proceed. He stated he did not anticipate that the contract or the amount of the lineal concrete in curb and gutter would change. He added that he did not anticipate any additional costs in terms of the holding pond or storm sewer, or anything of that nature. He advised that the change order was merely a formality in the plan. Director of Public Works Ulrich stated if there are any significant changes in the plan, the matter should come back before the Council, because they would also have to obtain an addendum from the contractor who was awarded. He indicated that if an item comes forward that results in having to have the job rebid, and would significantly alter the bid price, they would have to go back to the contractor to determine if they were willing to rebid the job. He stated that in this case, Council approval would also be required. Council Member Marty stated he would feel more comfortable if the Council was informed if the amount exceeded $23,000, rather than $46,000, because in his opinion, $46,000 was a significant amount of money. He pointed out that even $23,000 could be significant, if it proceeded in the same manner as the Community Center, and began to get out of hand. He stated he did not foresee this occurring, however, he would like to be apprised of any changes. Director of Public Works Ulrich suggested the Council stipulate that any significant change to the plan that would affect the bid amount be brought back before the Council for additional approval. Mayor Coughlin stated this would preferable to setting an arbitrary amount. Director of Public Works Ulrich explained that the contingency amount is set, simply to insure that the project continues to move forward. He stated if they were to set a contingency of $100, that may be sufficient, however, if the actual difference is $200, and staff has to obtain approval from the Council in order to proceed, the project must wait possibly two to three weeks to obtain that approval. Mayor Coughlin added that having worked in the construction field, he was aware that they deal with the hidden costs, cost overruns, change orders, and the like. He stated he recognized the need for language of this nature, if only to provide that they, as the Council do not have to spend hour after hour discussing these matters. Council Member Marty stated he would be satisfied with a $23,000 contingency. He indicated he would not desire to halt the work on this project for every small issue that may come forward. Director of Public Works Ulrich stated this was acceptable. Mounds View City Council March 22, 1999 Regular Meeting Page 29 Mayor Coughlin stated he would be agreeable amend the motion as indicated. Ayes - 4 Nays - 0 Motion carried. D. Resolution 5323 Authorizing Application for DTED Redevelopment Grant Economic Development Coordinator Kevin Carroll stated he had provided the Council with a memorandum that summarizes the background of this item. He explained that the Department of Trade and Economic Development has grant funds that are available as a result of action taken by the Legislature the previous year. He indicated these funds were a total of four million dollars, divided up into two grant cycles, the first of which, ended last fall. Economic Development Coordinator Carroll stated the previous Council had authorized him to submit a grant application to DTED seeking financial assistance with respect to the Mermaid Project which was pending at that time, and is currently pending. He presented the Council with a copy of the grant application that was previously submitted, which consisted of a number of questions that were required to be answered with regard to the project. He explained that staff had also provided a number of exhibits including maps, letters, and other relevant information. Economic Development Coordinator Carroll stated staff had requested a $500,000 grant from DTED, which was a substantial amount of money, however, they had been uncertain regarding the amount of funding DTED was considering awarding. He noted DTED did not indicate in advance the number of grants they would award, and what the amounts would be, and since this was a new program, staff thought it best to aim for a large amount. He stated out of the top twenty applicants, the City finished tenth, and DTED funded the top six. He indicated the amounts of these grants were referenced in the staff materials he had provided the Council. Economic Development Coordinator Carroll advised that although the Mermaid Project has not reached any form of resolution, the City was facing an April 1 deadline in connection with this redevelopment grant. He stated this was the deadline for submitting applications for the second phase of the redevelopment grant application process. He indicated that one of the options available was to update the previous grant application, and resubmit it. He stated a substantial amount of work was involved with the first application, however, updating the application would involve the addition of information regarding the progress of the project since the original submittal, possibly updating some of the exhibits, and would require approximately 2 or 3 hours of his time. Economic Development Coordinator Carroll pointed out that the fact that the project has not been formally approved could possibly be used as an argument in favor of the grant. He explained that they could continue to maintain that in the absence of grant funds from the State, it might not be financially feasible to proceed with the project. Economic Development Coordinator Carroll stated staff might fine-tune the application by scaling back on the amount of money they are requesting. He explained that of the six grants that were previously authorized, only was for an amount over $500,000, therefore they might tnm their request back a brt. Mounds View City Council March 22, 1999 Regular Meeting Page 30 Economic Development Coordinator Carroll stated these grant funds would be potentially used for environmental improvements in the vicinity of the project site. He advised that there is currently a small holding pond located behind the business known as Music Off-Ten, however, this pond does not take drainage from any area other than some of the parking lots in the Business Park South. He stated all of the surface water drainage coming off of the Mermaid, some of the other businesses nearby, some of the other parking lots, etc. was all running into Rice Creek, along with any contaminants that may be collected along the way. He stated thus far, the Rice Creek Watershed District has not insisted the City take some action to prevent this type of runoff or treat it, however, at some point in time they might in the future. He pointed out that at that time, in the event that the City does not have funds from some other source to deal with this, the City funds would be needed for that purpose. He stated staff sees this proposal as an opportunity to generate funds that could be utilized to everyone's benefit. Council Member Stigney inquired if the City would be undertaking any type of commitment by requesting the grant. Economic Development Coordinator Carroll advised that if the City finishes first in the application process, with the greatest number of points, and DTED awarded the full amount of the grant, they City could still reject it. He stated that if the project was not been finalized at some point, he believed DTED would be willing to wait for a period of time, however, if it was not completed in time, the City might lose the grant. He explained that DTED would then turn the money over to one of the other applicants. Council Member Marty stated in the resolution authorizin a lication for the redevelopment g PP grant, the second "BE IT FURTHER RESOLVED" indicates "The Mounds View City Council has the legal authority to apply for financial assistance." He inquired why the City Council was applying for this grant, and not the Mermaid. Economic Development Coordinator Carroll explained that this grant program is set up in a manner that private entities may not apply for it. He stated this must be done through a governmental agency, and the governmental agency must take responsibility for the administration of the grant funds. He stated there are other types of loan and grant programs available through the State for businesses, however, this program was initially designed to assist cities with certain types of improvements within their own communities. He advised that the underlying premise for this program is that raw land is generally developed quite easily, and there are businesses that would want to build on this Iand, however, in terms of redevelopment, particularly in cases where the property is blighted in some manner, or there are environmental problems, additional financial incentive is necessary. He stated this program was set up for cities, counties and other governmental agencies. Council Member Marty noted the third "BE IT FURTHER RESOLVED" in the resolution indicates "...the sources and amounts of the local match." He inquired if this represented that the City would be required to match the grant funds. Economic Development Coordinator Carroll stated this was somewhat correct. He stated one of the requirements of the grant is that the city or governmental entity pay for at least one half of the redevelopment costs, or at minimum, an amount comparable to the amount the State would award. He stated that if in fact, Tax Increment Financing assistance were provided for this project, for example, in an amount in excess of $500,000, this would be the City's contribution. Mounds View City Council March 22,1999 Regular Meeting Page 31 He explained that if they sought a grant from DTED in the amount of $400,000, as long as the City provided at least $400,000 of Tax Increment Financing assistance, this would be considered the local match. He advised that the City would not be required to contribute any money, over and above the amount of Tax Increment Financing assistance that was provided. Council Member Marty inquired if the City would automatically be obligated to match the funds, if this grant is approved. Economic Development Coordinator Carroll stated the City would be obligated to match the funds, if they would like to receive the funds. He explained that if DTED grants the City $400,000, and the Mermaid Project progresses, and the City Council decides not to provide any financial assistance of any kind, there would be no funds to match the DTED grant, and the City would lose the grant. Council Member Marty inquired if the City would not be obligated in this case. Economic Development Coordinator Carroll stated this was correct. Council Member Thomason inquired what amount was being proposed for application. Economic Development Coordinator Carroll stated he would research the original calculations. He advised that staff was considering both the land acquisition costs, and the cost of constructing a holding pond, and routing surface water runoff into the pond. He indicated this was the formula utilized to determine the original amount. He pointed out that the City could potentially acquire property, and then would be required to own that property in perpetuity, in order for the pond to be located upon it. He stated one of the requirements of the DTED grant is that you could not utilize the grant funds to acquire property that would ultimately go to a private company or a private individual. He stated the City could do this, however, if the did so, they would have to refund a portion of the grant equivalent to the market value of the property. He indicated staff was considering a grant amount in the range of $350,000 to $400,000, which would make the application slightly more competitive, and would not appear to be overreaching. Economic Development Coordinator Carroll pointed out that of the two million dollars that is available in this grant cycle, only 1.5 million is available for Metropolitan area communities. He advised that by law, 25 percent of the funds is required to go to communities in the greater Minnesota area, therefore, the total amount of available DTED funds was 1.5 million, and if the City requested a third of that amount, it might undermine the chances of receiving it. Council Member Marty inquired if the City would basically be utilizing this grant to purchase property upon which to place the holding pond, and the City would own that pond. Economic Development Coordinator stated this was correct. He stated the City would own the property on which the pond is located, as well. He pointed out that the City might wish to own the property for purposes of maintenance and maintaining control over the pond, as they would likely not desire to delegate that responsibility to a private property owner. Council Member Marty commented that the City might be liable to undertake this project, regardless of the grant funds. Mounds View City Council March 22, 1999 Regular Meeting Page 32 Economic Development Coordinator Carroll stated this was correct. He explained that if the funds come from DTED, it becomes City money, and then must be utilized in some manner comparable to what was set forth in the grant application. He advised that the owners of the Mermaid would not be solely responsible for the cost of the holding pond, because there is surface water drainage coming from other sites, including some of the businesses located farther down on the County road. He pointed out that this being the case, the City could attempt to pass some of the costs on to those property owners, however, inevitably, the City would have some financial responsibility, and this is a potential means to obtain funds for this. MOTION/SECOND: Thomason/Stigney. To Approve Resolution No 5323, a Resolution Authorizing Application for Redevelopment Grant. Ayes - 4 Nays - 0 Motion carried. Economic Development Coordinator Carroll stated there was a related topic that Economic . Development Director Jopke may wish to address. He explained that the Legislature is looking at whether or not they are going to renew funding for this program, and Community Development Director Jopke had spoken with an individual that date, who had inquired if the City would be willing to go on record as supporting this program. City Administrator Whiting stated a request had come in to staff, which was related to the funding levels that the State would appropriate for this program. He indicated this request was being made by a lobbying group that works on behalf of communities around the State for additional funding, and they were attempting to see which communities might be in support of this program. He advised that he had no further details at this time, and believed that prior to requesting any statement from the Council, more information should be brought forward regarding the status of this matter at the legislative level. Economic Development Coordinator inquired if the Council would like to touch upon this matter at the next Council Work Session. Mayor Coughlin stated could discuss this matter briefly, if further information is available. City Administrator Whiting indicated staff would report back to the Council in this regard. E. Resolution 5324 Children's Home Agreement Assistant to the City Administrator Schmidt stated the item before the Council is Resolution 5324, which authorizes the City to enter into a new lease agreement with Children's Home Society. She explained that this item was actually before the Council, and approved in Resolution 5295, although a few modifications have been made to the contract, and staff had wanted to bring those modifications to the attention of the Council. Assistant to the City Administrator Schmidt advised that one of the modifications indicates that the base rent of $30,000 would be paid in quarterly installments during the first year, and that Children's Home Society would be liable for the 1999 tuition, in any year they defaulted on the contract. Mounds View City Council March 22,1999 Regular Meeting Page 33 Council Member Marty noted an item in the Staff Report that indicates "Children's Home Society will provide accounting information that demonstrates the fiscal problems they are currently experiencing." He stated Council Member Stigney had indicated that the facility had held a fundraiser, and recorded record fund-raising rates. He requested Council Member Stigney speak to this. Council Member Stigney stated he had obtained information from television, which indicated that the Children's Home Society had held a record fund-raising event at the Community Center, however, the manner in which the proceeds of this fund-raiser were apportioned to the different districts, he was uncertain. City Administrator Whiting stated staff had spoken with the Children's Home Society shortly after Christmas with regard to the fund-raiser, having placed himself in the mindset they were facing. He stated they had made a good effort at raising additional funds, however, prior to raising those funds, they had been discussing this current proposal He stated the Children's Home Society indicates that they feel they are making progress, however, are not yet where they would like to be. He pointed out that with the number of children at the facility, they are at a break even point, where it is still viable for them to stay in business, particularly if they can get through 1999, however, they are not where they would like to be. City Administrator Whiting stated there are currently 80 children at the facility, which has a capacity of 96 or 98. He advised that in determining their budget, they were most likely counting on this figure, while that fund raiser was taking place, therefore, their interest would not to necessarily be to change the figure, and then attempt to re-do their budget. City Administrator noted the Children's Home Society has been very good about communicating their situation with staff, and staff should be able to obtain the solid information that is required in the agreement. Council Member Marty indicated the rent for this facility was forgiven in 1999. He inquired if this was done in exchange for the playground equipment. City Administrator Whiting stated this was correct. He indicated this equipment would also be held as a liability for the term of the contract, and if, for some reason, the Children's Home Society were to leave the premises early, they would owe that amount. He stated although they are only three months into the year, the initial understanding with them was that this amount would be approximately $7,000 to $15,000, depending upon the number of children at the facility. Council Member Marty inquired if they would owe this amount, in addition to the playground equipment. City Administrator Whiting stated this was correct. He explained that if they were able to continue through the term of the agreement, there is a condition that the playground equipment would go back to them. • Assistant to the City Administrator Schmidt stated this was correct. She pointed out that if they default on the contract, the rent that was forgiven in 1999 would have to be repaid, regardless of the year this occurs within that five-year period. Mounds View City Council March 22, 1999 Regular Meeting Page 34 . Council Member Marty inquired if the Children's Home Society would take the playground equipment with them. Assistant to the City Administrator Schmidt stated they could do so, as long as they do not default on the contract. Council Member Marty stated it was his impression that anything that is permanently affixed to the property, becomes the property. City Administrator Whiting stated this was a good point. He explained that if the Children's Home Society was to leave prior to the five-year period, and take the playground equipment with them, he would suspect the City could either attempt to purchase this equipment at a discount, or attempt to negotiate for new playground equipment with the new tenant. He stated the Children's Home Society had made the entire decision regarding the type of playground equipment at the facility, and he was not certain it would be anything the City would want, although it is new, and looks good. City Administrator Whiting stated the main concern he has had, in acting as a negotiator on this matter over the last two or three years, has been in terms of getting them into the building, keeping them in, and securing the cash flow for the operation of the facility. He stated this was the primary concern, and the penalties that this agreement imposes, compared to the conditions of the first agreement, are an attempt to secure that cash flow for the facility. City Administrator Whiting during consideration of this matter by the previous Council, there was some recognition that simply having the Children's Home Society services available was a benefit to the community. He commented that this was something they would continue to have to make a judgment on, however, this had opened the door to considering an alternative to the initial agreement. Mayor Coughlin interjected that at this time they had approximately 23 minutes left of the meeting, and although he did not wish to rush the people's business, he would like to move forward, so they could get as much dealt with as possible by the 10:00 deadline. Council Member Stigney stated he had two questions, one pertaining to the rent. He stated the original contract specified that the Children's Home Society was going to pay for the year, in advance, however, it would now be paid quarterly for the first year, and monthly thereafter, along with a contingency regarding the number of children at the facility. He stated they were no longer paying in advance, therefore, the City should be charging them interest for the delayed payments. He indicated this money was not going into the City's coffers, adding that any bill he pays late, or on a monthly basis, he is charged interest on. City Administrator Whiting stated he had created this understanding with the Children's Home Society because they had expressed they would have a difficult time coming up with $30,000 in advance, and they had discussed doing this for the last three or four months. He stated in regard to whether or not interest should be charged on what might be interpreted to be a late payment, it should be noted that with the original agreement, and in the preceding years of this agreement, they would be paying one month in advance. He explained that on January 1, they would pay $2,500, for the entire month of January. Mounds View City Council March 22, 1999 Regular Meeting Page 35 City Administrator Whiting indicated that the concern with regard to having $30,000 for the entire year of 1999, was to make the point that the City wanted to be guaranteed this revenue. He stated this was a negotiating point, and up until the last couple of weeks he had felt that was be doable. He pointed out that when this appeared to be a problem for the facility, in that they were already one quarter into the year at that point, he thought that three additional quarterly payments would be acceptable. He stated he was not contemplating the interest that would be lost on the advance payment, but rather, more in terms of what had been agreed to all along. He advised that the last line of Section 2.5 of the Lease Agreement indicates that if for some reason they are unable to continue with the agreement, prior to the end of this year, they would be obligated for the entire amount of $30,000. He noted there was possibly a calculation for lost interest in this agreement, however, it was not a serious concern at the time he broached that matter with them. Mayor Coughlin pointed out that essentially City Administrator Whiting was expressing the age old phrase "a bird in the hand is worth two in the bush." He stated in other words, the Children's Home Society is in the facility, they are paying, and if they are unable to make the full payment in advance because of the difficulties they have had, this agreement was an acceptable alternative. He indicated that if they are making a good faith effort to come up with the money, and if quarterly payments allow them to remain in the facility, and keeps them financially viable, this was an agreeable modification. Council Member Stigney stated he would not quarrel with this, in terms of the first year, when . they are attempting to incorporate their first business into their quarterly statements. He explained however, the phrase "...after 1999, and forever, thereafter," when the City does not incorporate any interest, and this is paid on a monthly basis, rather than on an annual basis, in advance, made a significant difference. He stated he would like to stipulate that if they are not paying in advance, and would be paying on a monthly basis, forever after, there be some type of interest calculated into the payment arrangement. Council Member Marty stated he agreed. He stated monthly payments would involve additional accounting, and he believed that they could continue to pay quarterly, in advance. Mayor Coughlin pointed out that this would probably not involve much additional accounting, in that it would essentially be a matter of receiving a check, and entering it into the register. City Administrator Whiting stated in his opinion, the monthly payment arrangement was similar to paying your rent on a monthly basis, and he had never contemplated requiring them to pay a year in advance. He stated he could not imagine that the City would find a group willing to do that. He pointed out that they do not require this with the Community Education program in this building. He stated he could understand the concern about not having the interest, however, that was not an issue in the first agreement, and certainly not one he had contemplated in this agreement. He stated he was not familiar with a policy requiring renters to pay an entire year at a time, in advance. Mayor Coughlin added that there is some benefit to receiving payments on a monthly basis, in that this provides a guaranteed cash flow. He added that if this arrangement helps this organization remain viable, he was all the more m favor of it. Mounds View City Council March 22, 1999 Regular Meeting Page 36 Council Member Stigney stated the fifth sentence on Page 2 of the Lease Agreement indicates "...during the term hereof an amount calculated by multiplying (I) the total gross revenues..." and the seventh sentence indicates "Demised Premises, Time (ii)..." He requested clarification regarding the Roman Numerals. Assistant to the City Administrator Schmidt noted the first Roman Numeral (I) should be lower case. She explained that these numbers simply represent the two different points of the calculations. She indicated the first point pertains to total gross revenues received by the tenant for all children's monthly, weekly, daily and hourly tuition, and the second point represented 2.5 percent, provided. City Administrator Whiting stated these points refer to the calculation used for paying the tuition portion of the monthly rent, which, as agreed upon in the initial agreement, would be calculated for the year 1999, and would be applied for the succeeding years. He advised that this was the amount, over and above the base rent, that the Children's Home Society would pay the City each month. Council Member Marty noted the next sentence that indicates "...Percentage rent to be paid shall be increased to at least three percent (3%) greater than the Percentage Rent payable in the previous year." He inquired if this applied only to the percentage rent, and not the overall rent. City Administrator Whiting stated this was correct. He explained that this is an inflationary factor, which provides that the City does not lose ground to inflationary costs. Council Member Marty inquired if the percentage rent was based upon the number of children at the facility. City Administrator Whiting stated this was correct. Council Member Marty stated it appeared that the overall rent could be increased 3 percent to cover inflation, and that this not only be based upon the number of children. Assistant to the City Administrator Schmidt stated the percentage rent only pertains to the actual tuition, and does not include the base rent of $30,000. Council Member Marty inquired a 3 percent increase could be included each year in the base rent. Council Member Stigney stated this would be appropriate, in that from this point forward, the rent would be fixed, regardless of any inflation factor. City Administrator Whiting stated these were not the issues that led to the reconsideration of the initial agreement with the Children's Home Society. He pointed out that much of that agreement with Children's Home Society was simply transported into the current document, and the concern about their ability to pay in excess of the $30,000, was essentially the only reason for revisiting the agreement at all. He explained that the City has already agreed to this once, therefore, he had never contemplated bringing it up with them again. He stated he could certainly ask them, however, he would request some direction as to the response, if they do not agree to this. Mounds View City Council March 22, 1999 Regular Meeting Page 37 City Administrator Whiting reiterated that the body of this document has already been agreed to, however, the entire agreement had to be redrawn because according to legal opinion, the original agreement did not allow for amendments. He the issue of the Children's Home Society's ability to cash flow had come before the previous Council, and this matter was brought forward in light of those specific concerns, and not for the purpose of reopening the entire agreement. He stated this was simply not something he had anticipated, when carrying out that directive. Council Member Marty stated that with the exception of a couple of questions he had at the beginning of the discussion, this was his only concern. City Administrator Whiting stated this was a five year agreement, and is something that staff could certainly look at in the future. He indicated there were provisions in the instrument that would allow the City to bring the agreement to an end if for example, they found a better paying tenant, however, that would likely have to be addressed at the time it came forward. He noted he knew of none at this time, and when the discussion regarding this matter commenced, staff certainly contemplated that point. Council Member Marty inquired if there would be any problem with continuing this matter, and having staff research these points, and bring it back to the Council Work Session. He inquired if they were under any time constraints. City Administrator Whiting stated they were not, although they were hoping to have this finalized by the first of the year. He explained that currently, the Children's Home Society is simply paying the City $2,500 per month, and he was not aware of a legal situation, however, the City would probably want an agreement with them fairly quickly. He stated he would follow the Council's direction. Council Member Marty stated he would like to insure that the City recoup the cost of inflation, if nothing more. Mayor Coughlin stated these were minor changes to an agreement that has already been approved. He stated there is some question with regard to interest, however, this is rent, and he would go so far as to say he would move approval of the resolution as it stands. MOTION/SECOND: Coughlin/Thomason. To Approve Resolution 5324, a Resolution Authorizing the City to Enter into a New Lease Agreement with the Children's Home Society. Council Member Stigney stated he would like to amend the motion to incorporate a cost of living interest adjustment factor as discussed. Council Member Marty stated he would like to address this as well, because this would represent 15 percent in the fifth year, which is somewhat substantial, on $30,000 per year. City Administrator Whiting advised that the initial discussions, and the reason they formulated this type of an agreement in the first place, came from an understanding of what it would actually cost to improve the building, in order to accommodate the Children's Home Society. He stated there was really nothing else to base this on, except possibly the rent that is charged for other similar facilities. He indicated that he had attempted to correlate that fact that the City desired to Mounds View City Council March 22,1999 Regular Meeting Page 38 have a tenant of this sort, the cash flow from this tenant would help with the operations of the building, and the relationship to the cost of the improvements for the property. He advised that the improvements to this portion of the building cost between $800,000 and $900,000, and at that time the City was attempting to obtain an agreement that would recover 100 percent of that cost. City Administrator Whiting pointed out that realistically speaking, the Children's Home Society could not see themselves in one location for 15 years or more, with one agreement, and the City was attempting to get them to commit that entire time period. He stated the basis for these figures was an attempt to recoup the money the City invested in the building, however, in reality, it would act as a cash flow for the building. He stated if that was the understanding at that point, the value of the building was incurred when it was constructed, and it does not have an inflation value, except in terms of its market worthiness, and the money has not been expended. He explained that this was the logic he utilized to negotiate this agreement, therefore the inflation clause based upon tuition was related to their ability to raise tuition for their clients, whereas the base rent, which costs had already been incurred by the City, was simply not examined. Council Member Marty suggested changing the term of the contract from five years to two years, and instead of making long commitment to this, they could evaluate the Children's Home Society's financial position in two years, and readdress this at that time. Council Member Thomason stated she would not be opposed to this. Mayor Coughlin requested City Administrator Whiting's opinion. City Administrator Whiting stated he believed this was somewhat self-defeating. He explained that the City would like to have a guaranteed cash flow for as long as possible, and staff has been attempting to secure the longest agreement possible, which was one of the objectives. He stated the Children's Home Society may actually accept a shorter agreement, however, the City would only know two years in advance, and less than that at any given point., if they were going to have a tenant in the building. He stated the service the Children's Home Society provides is one consideration, however, the $30,000 to $45,000 per year in rent should not be discounted either. City Administrator Whiting stated the concern of attempting to recoup the City's money in some way, shape or form, was behind many of these clauses, and not whether the Children's Home Society was paying interest on money, when they were paying it. He reiterated that reasoning was not employed in this effort. City Administrator Whiting stated there was a judgement call to be made, however, if the Council opens this matter up to the point that the Children's Home Society is constantly seeking a better situation elsewhere, this could very easily occur. He added that he did not see the Children's Home Society as a charity case. He stated they were doing a good job, and the problems they have had in the City's facility have related to the timing of the construction, and the unforeseeable need of the entire organization to re-group, and secure their funding mechanisms. He pointed out that this was something staff could not have foreseen either. Mayor Coughlin stated before the Council was a motion, which has been seconded, to approve Resolution 5324, Children's Home Society Agreement, as presented. Mounds View City Council March 22, 1999 Regular Meeting Page 39 Council Member Stigney indicated there was also an amendment to the motion that has been seconded. Mayor Coughlin requested clarification regarding the amendment. Council Member Stigney stated the amendment was to have the City Administrator examine a 3 percent inflation increase with the Children's Home Society to determine if there would be any problem in this regard. Mayor Coughlin advised that such an amendment would defeat the main motion, because the Council could not approve a motion with an amendment that leaves something up in the air. Council Member Stigney requested they leave the amendment to incorporate a cost of living adjustment in the base rent. Mayor Coughlin called for a vote on the amendment. He stated he was opposed to the addition of an amendment at this point. Ayes - 1 Nays - 3 (Coughlin, Thomason, Marty) Motion failed. Mayor Coughlin stated before the Council was the motion approving the Children's Home Society agreement. He asked if there was any further discussion. There was no further discussion. Ayes - 3 Nays - 1 (Stigney) Motion carried. Council Member Stigney advised that per the hour on the clock, the Council would require a motion to extend the meeting. Mayor Coughlin stated the meeting was officially over, unless there is an act by the Council to extend the meeting. He inquired if there was a motion to extend the meeting, according to house rules, and the resolution the Council had passed on their first day, up to one-half hour. MOTION/SECOND: Marty/Coughlin. To Extend the City Council Meeting Up to One-Half Hour. Ayes - 4 Nays - 0 Motion carried. F. Consideration of Resolution 5313, Chief Ramacher's Severance Agreement Mayor Coughlin stated Council Member Thomason had presented information at the Council Work Session pertaining to this item, and the matter was discussed. He requested City Administrator Whiting provide a brief overview. City Administrator Whiting stated the request before the Council was essentially two-fold. He indicated that employees are offered the opportunity to take a severance payment based upon the number of sick leave hours that they have accumulated. He advised that in the two Union contracts, a variation of this option is also offered. He explained that this allows the employees Mounds View City Council March Z2, 1999 Regular Meeting Page 40 to take 65 percent of the total value of their accumulated sick leave, and apply it to ongoing • health insurance premium payments, to be paid out either until the funds expire, or the retiree reaches 65 years of age. He noted that this option has not been incorporated into any form of a personnel policy. City Administrator Whiting stated Chief Ramacher has expressed an interest in attempting to reach an agreement with the City, which would allow his ongoing health insurance premiums to be paid for from his accumulated sick leave hours. He noted that under no circumstances would the other employees that have this option be allowed to change their mind after they have exercised that option, and in the event they do chose to do something else, the funds cease to be paid. City Administrator Whiting stated the funds are maintained by the City, and paid on a monthly basis. He indicated that currently, the premium for family health insurance is approximately $400 per month. He stated the question before the Council is whether or not they would desire to consider an agreement with the outgoing Chief of Police to allow this option, and if so, to what extent. City Administrator Whiting stated there have been a number of opinions expressed on all sides of this issue. He indicated the Council met at Work Session for discussion of this matter, and Council Member Thomason had proposed an alternative to the options provided by staff. He requested Council Member Thomason provide an overview of her proposal for the Council. • Council Member Thomason stated she had attempted to suggest a compromise since Chief Ramacher does not fall under the policy which covers the Police Officers, and was not covered under the Collective Bargaining Agreement. She indicated her proposal incorporates both of those policies. She explained that she had taken the number of sick leave hours the Police Chief had accrued as a Police Officer, and multiplied those by 65 percent, and took the 960 hours at 50 percent, which staff employees are allowed, and added these two amounts together. She indicated these amounts totaled $45,514, which would be held in an interest bearing account, paying out approximately $400 per month, over 114 payments. She advised that the interest accrued on this amount would be approximately $10,100, which would reduce the principal, for a final pay out of $35,404. She stated this formula was basically a collaboration of the two policies, which would not otherwise apply to the Police Chief. Mayor Coughlin inquired if Council Member Thomason would care to move approval of Resolution 5313, as stated, and presented before the Council. Council Member Thomason stated she would. MOTION/SECOND: Thomason/Marty. To Approve Resolution No. 5313, a Resolution Authorizing the Severance Package of Tim Ramacher, and to Take the Number of Sick Leave Hours Chief Ramacher Had Accrued as a Police Officer, and Multiply Those by 65 Percent, and to Take the 960 Hours at 50 Percent, Which Staff Employees are Allowed, and Add These Two Amounts Together, to Total $45,514, To Be Held in an Interest-Bearing Account, Paying Out Approximately $400 Per Month, Over 114 Payments. Council Member Stigney stated City staff had provided four options, one of which in his view applied to the Police Chief, in that it utilized the current policies of the City, and would treat Mounds View City Council March 22, 1999 Regular Meeting Page 41 Chief Ramacher as any other non-Union, management employee of the City. He stated this would be 50 percent of his accumulated sick leave, not to exceed 960 hours, or I20 days. He stated this option applies to the Police Chief, and represents an amount of $15,676. Council Member Stigney stated the next option staff provided was to combine the Union provision and the non-Union provision, and give the Police Chief 65 percent of 960 hours. He stated he does not believe this applies to the Police Chief, because he was not a member of the union, except during his service as a Patrol Officer, and at that time, the 65 percent policy did not apply. He indicated this policy never applied to the Police Chief, and still does not. He explained that this option would represent an amount of $20,379. Council Member Stigney indicated that because the Police Chief had accumulated 2,700 hours of sick leave, staff negotiated with the Police Chief, to offer 1,800 hours payable, and that option would represent a total of $38,212. He explained that the fourth option would be to treat the Chief just like any other Patrol Officer, and allow him 65 percent of all his accumulated sick leave hours, which would cost the City $57, 318. Council Member Stigney stated in addition to these options, Council Member Thomason has brought forward an alternative that would cost the City $45,514. He stated he had contacted other communities to determine their procedure in similar situations, and it appears that City's current policy of 960 hours is very generous. He explained that the other cities, including Maplewood, N. St. Paul, Roseville, Shoreview, Falcon Heights only pay up to a maximum of 45 days, which is 50 percent of 90 days. He advised that the City's policy was very liberal, and he . was opposed to setting a precedent, which others would follow. He stated he opposed the motion in its present form. Council Member Marty indicated this has been a tough decision. He stated his mind had been made up, until the previous City Council meeting, at which time Assistant to the City Administrator Schmidt had brought forward further information, and since that time, he has attempted to search out an equitable solution to resolve this situation. Council Member Marty stated that weekend, Council Member Thomason had contacted him regarding her proposal. He indicated he had run for his office under the premise of being fair, and in reviewing some of the options, found them to be simply numbers pulled out of the air, however, Council Member Thomason's alternative would be fair. He explained that Chief Ramacher was a Police Officer for 13 years, and since that time, has served as the Police Chief and is considered staff. He stated this approach was justified in that it would allow 65 percent for the years the Police Chief was an officer, and 50 percent of 960 accumulated sick leave hours, for the period of time he was in management. Council Member Marty pointed out that Option D, as presented by staff, would pay 65 percent of 2,700 accumulated sick leave hours, and this would total $57,318. He indicated he had spoken with Chief Ramacher that day, and he had indicated he was willing to settle for less. He stated he was unable to find any justification for some of the other options, and this alternative would be the fair decision, although a bit of a hard pill to swallow. He indicated the Police Chief was only the second person in the City of Mounds View to retire from the City. He pointed out that if they were going to send a message to other employees, or prospective employees, that Mounds View is a good place to live and work, they must be fair. He stated he supports Council Member Thomason's formula. Mounds View City Council March 22, 1999 Regular Meeting Page 42 Bruce Brazenly, 5127 Long Lake Road, stated he appreciated the effort that Council Member . Thomason had put forward in this regard, and believes this to be a reasonable compromise. He stated he would prefer Chief Ramacher receive 65 percent of all his accumulated sick leave hours. He explained that even during the time he was considered management and staff, he continued to patrol the streets along with other officers, and therefore, should be treated as the other officers are, and receive the higher compensation. He indicated however, he believed this was a reasonable compromise, particularly in light of the fact that Council Member Marty has spoken with Chief Ramacher, and he has indicated he is agreeable to this. He stated Council Member Thomason's compromise was a very good one. Council Member Stigney stated the Police Chief has never worked as a Union employee when the Union contract provided 65 percent, and to apply this policy to the Police Chief retroactively was not fair to the taxpayers who would have to pick up the cost. He stated in regard to sending the wrong message to other cities, other cities he had mentioned are perhaps sending the wrong message to their employees because the City of Mounds View is far ahead in the area of benefits. He stated he was aware that he was in the minority, however, he disagreed with this proposal. Mayor Coughlin stated in as much as he and Council Member Stigney disagree on this issue, he would like to personally state that he appreciates the effort he has put forth in terms of calling the other cities, and the like. He stated he did not wish to appear to be discounting these efforts in any manner, particularly in light of the Retreat. He stated he had promised to give everyone on the Council voice, and would add that Mr. Brazenly's comments were very similar to Council Member Quick's leanings in this regard. He indicated that he had assured Council Member Quick that he would mention the fact that his perspective was to allow 65 percent of the entire 2,700 hours of accrued sick leave time. He stated even though Council Member Quick did not have a vote that evening, he had wanted him to have a voice as well. Ayes - 3 Nays - 1 (Stigney) Motion carried. Mayor Coughlin expressed his appreciation to the Council and staff for their diligent efforts in this regard, adding that he was aware this was an agonizing decision for all. F. Consideration of Resolutions 5325 and 5326 for Severance Package for Rick Jarson Assistant to the City Administrator Schmidt stated the City is in the process of potentially contracting with the Blaine/Spring Lake Park Fire Department for their Building Official services. She indicated that in the interest of moving forward with this matter, and in consideration of the noticing requirements, once City employees are potentially laid off, staff had desired to bring this severance package before the Council at this time. Assistant to the City Administrator Schmidt stated before the Council were Resolutions 5325 and 5326, which establish a severance plan for the City of Mounds View Building Official, and also abolishes the Building Official position within the City. She pointed out that this was the same . severance package that was offered to the Parks and Recreation Department employees that were displaced when the City contracted out with the YMCA. Mounds View City Council March 22, 1999 Regular Meeting Page 43 Council Member Marty requested clarification regarding Item 13 of the severance agreement, "Veterans' Preference." . Assistant to the City Administrator Schmidt explained that Veterans are afforded different notice requirements than non-veterans, and because the Building Official is a Veteran, the City was required to provide him separate notice. Council Member noted a blank space in this clause, and requested clarification regarding this. Assistant to the City Administrator Schmidt stated, although she was aware that the Building Official was a Veteran, she was uncertain which branch of the military he had served under, and therefore, neglected to fill in this black space. Mayor Coughlin stated he would move approval of both resolutions, contingent upon the inclusion of the branch of the military the Building Official had served under. MOTION/SECOND: Coughlin/Marty. To Approve Resolution 5325, Service Plan/Program for City of Mounds View Building Official Displaced by the Outsourcing of the City Building Inspection Services, and Resolution 5326, Recognition of the Abolition of the Position of Building Official within the City of Mounds View Due to the Outsourcing of Building Inspection Services for Budgetary Reasons. Ayes - 4 Nays - 0 Motion carried. City Administrator Whiting advised that the discussion pertaining to Long Distance Telephone Calls had been delayed to follow Council Business. Mayor Coughlin inquired if there was anything of great import that could not be dealt with privately between Council Member Stigney and Council Member Marty. He advised that this would be with the awareness that the Council would make this information known to people who are concerned, and suggested Council Members Stigney and Marty take it upon themselves to communicate this directly with Mr. Jahnke. Council Member Stigney stated the matter has not come to conclusion because the information is still not available. He suggested the City adopt a policy that simply indicates "No Iong distance telephone calls." Mayor Coughlin stated a new telephone system would be coming into the City that would probably allow for tracking of specific telephone calls and the individuals making the calls. He stated much of the problem would be nipped in the bud, simply because they would have the ability to track the telephone calls. Council Member Marty requested Mayor Coughlin explain how tracking would be accomplished. Mayor Coughlin explained that when he was in college, and he is assuming the technology has changed somewhat since that time, everyone was issued a particular entrance code into the long distance system. He stated a computer logged the entries, and provided a printout of the telephone calls made by that individual, and that was their phone bill. He stated he saw this as a Mounds View City Council March 22,1999 Regular Meeting Page 44 means to further track the telephone calls, and to add the accountability that Council Member Stigney is requesting. Mayor Coughlin suggested that in the interim, the Council might direct staff to provide the directive that barring an emergency situation, the telephones not be utilized for personal long distance calls. He pointed out that when the new phone system is installed, they could address this matter electronically. Council Member Stigney stated this was acceptable. He indicated out that there was really no reason to charge any telephone calls to the City, and require additional bookkeeping, but rather charge these telephone calls to a third party number. He noted that that many questions remained with regard to this matter. He stated there are many calls listed on the telephone bill, from many different States, and no one has accounted for these. He stated there is a problem, and whether or not it is significant, it is a policy issue. He stated that if the Council would like to handle this as Mayor Coughlin suggested, on an interim basis, that would be acceptable, however, he would like to revisit the matter when the new telephone system is installed. Mayor Coughlin stated he would agree to this. Council Member Stigney pointed out that since he has brought this matter forward, the long distance telephone calls have decreased approximately one third from the previous billings. He stated if this was the result of this discussion, they were headed in the right direction. City Administrator Whiting stated he certainly respect the right of the Council and the residents to hold the Crty accountable for the use of these services, however, he could not agree with the categorization that this was somehow irresponsible and unaccountable behavior. He stated they could do a better job, and he would not argue with this, however, this was not the same problem that occurred within the State Legislature a few years prior. He advised that the entire telephone bill was $68.82. City Administrator Whiting stated that in talking with Council Member Stigney for approximately an hour, with some of the discussion pertaining to this matter, he gained a better appreciation for his point of view. He indicated that the new telephone system would certainly help, however, he was not convinced that the decrease in telephone calls was related to the fact that these questions have come forward. Mayor Coughlin stated he learned in statistics class that correlation does not necessarily mean causation. City Administrator Whiting stated this was an issue that staff has discussed from time to time, and have changed their practice, as the situation warrants. He pointed out however, if the word needs to go out once again to employees to minimize, if not eliminate all long distance telephone calls, the means are available to accomplish this. Mayor Coughlin suggested that if Council Member Stigney has further questions regarding this • matter, in light of the discussions held at the Retreat, he allow City Administrator Whiting to deal with these directly. He indicated the item would be revisited, per his request, after the new telephone system is installed, if for no reason than to review whether or not the policy needs to be amended based upon the new technology. Mounds View City Council March 22,1999 Regular Meeting Page 45 Council Member Stigney stated he would be agreeable to this. He indicated he would like to comment to the City Administrator that there are many calls on the telephone bill, to many states, that no one remembers making, and in his opinion, this is not accountability. He added that hopefully this would be resolved in the near future. Mayor Coughlin stated he certainly did not want to leave the impression that the City Administrator and his staff are conducting themselves in an improper fashion. He pointed out that simply because particular telephone calls to a particular number have not been completely accounted for, this does mean that someone is dialing 1-900 numbers to obtain their horoscope. He stated unless it is proven otherwise, he sees this as a matter of "innocent until proven guilty," with the understanding that Council Member Stigney has concerns, which he had voiced. 10. Next Council Work Session: Next Council Meeting: Monday, Apri15,1999 - 6:00 P.M. Monday, April 12, 1999 - 7:00 P.M. 11. ADJOURNMENT Mayor Coughlin adjourned the meeting at 10:25 p.m. Transcribed and recorded by: Trish Pearson Timesaver Off Site Secretarial, Inc. •