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HomeMy WebLinkAboutMinutes - 1999/06/28CITY OF MOUNDS VIEW MEETING MINUTES MONDAY, JUNE 28, 1999 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney, and Thomason. NOT PRESENT: Quick. 3. APPROVAL OF AGENDA A. Monday, June 28, 1999 City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. No additional items were considered. MOTION/SECOND: Stigney/Marty. To accept the June 28, 1999 City Council agenda as presented. Ayes - 4 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, June 14,1999 City Council Minutes Council Member Marty requested the correction of the spelling of the word `Hmong', as indicated twice in the third sentence, third paragraph of Page 2. Council Member Marty requested that the fourth sentence, third paragraph of Page 3 be corrected to indicate `schedule tournaments.' Council Member Marty requested corrections to Page 3, third paragraph, sixth sentence, to indicate `the replacement of water fountains at Hillview Park, Groveland Park, and City Hall.' MOTION/SECOND: Marty/Thomason. To accept the June 14, 1999 City Council minutes as corrected. Ayes - 4 Nays - 0 Motion carried. 5. SPECIAL ORDER OF BUSINESS A. Presentation of 25 ear Service Award to Jerr Johnson Y Y 1 C:\ADMIN\MINUTES\CC\6-28-99.CC CITY OF MOUNDS VIEW MEETING MINUTES MONDAY, JUNE 28, 1999 7:00 P.M. 1. MEETING IS CALLED TO ORDER ;, ~ ~ ~ } ,~~., :::~;; t ~ two, E` ~ e~ EE~; y ~^ ~ :~ q ~i 9"s n ~' +7 `Y ZS 2. ROLL CALL: Coughlin, Marty, Stigney, and Thomason. NOT PRESENT: Quick. 3. APPROVAL OF AGENDA A. Monday, June 28, 1999 City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. No additional items were considered. MOTION/SECOND: Stigney/Marty. To accept the June 28, 1999 City Council agenda as presented. • Ayes - 4 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, June 14, 1999 City Council Minutes Council Member Marty requested the correction of the spelling of the word `Hmong', as indicated twice in the third sentence, third paragraph of Page 2. Council Member Marty requested that the fourth sentence, third paragraph of Page 3 be corrected to indicate `schedule tournaments.' Council Member Marty requested corrections to Page 3, third paragraph, sixth sentence, to indicate `the replacement of water fountains at Hillview Park, Groveland Park, and City Hall.' MOTION/SECOND: Marty/Thomason. To accept the June 14, 1999 City Council minutes as corrected. Ayes - 4 Nays - 0 Motion carried. 5. SPECIAL ORDER OF BUSINESS • A. Presentation of 25 year Service Award to Jerry Johnson B. Presentation of 25 year Service Award to Gary Kardell 1 N:(DATA\USERSUOANB\SHARE\MINUTES\CC\1999\06-28-99.CC C. Presentation of 20 year Service Award to Barb Benesch D. Presentation of 10 year Service Award to Steve Geringer E. Presentation of 10 year Service Award to Jeff Wienke F. Presentation of 5 year Service Award to Tim Fredburg On behalf of the Council and the City of Mounds View, Mayor Coughlin presented Police Officer Jerry Johnson with the City of Mounds View Service Award plaque, given in recognition and appreciation of his twenty-five years of service with the City of Mounds View Police Department. Mayor Coughlin stated that the majority of staff and Police Department awards had been presented at the Staff/Council Golf Retreat. He congratulated and commended the recipients for their years of service and contribution to the City of Mounds View. 6. REPORTS Council Member Marty reported that he had attended the Parks and Recreation Committee meeting where discussion was held in regard to the proposed paving of the trail surrounding Silverview Pond. He stated that he had been misquoted in the local newspapers regarding the location of the trail and, for the benefit of those residents who had indicated their concern, clarified the correct location of the trail to be surrounding Silverview Pond. He stated that the Parks and Recreation Committee was in the process of obtaining estimates on the cost of the • proposed drinking fountains located at City Hall, Silverview Park, and Groveland Park, and were deciding which fixtures to utilize. He stated that the lockers would be installed at the Community Center in the near future, and the paving and completion of the half basketball courts was underway. He added that other ongoing items were discussed at the meeting. Council Member Marty reported that he had attended the League of Minnesota Cities Conference. He stated that the topic of one of the seminars he had attended was the visioning process and its application within different cities, including the cities of St. Louis Park and Burnsville. He informed the Council that the visioning process was a means whereby the neighborhood, Council, staff and other groups gather to create a plan to determine where they would like to see their city in twenty years. He stated that another seminar focused upon neighborhoods, and discussion took place regarding the City of Burnsville's community policing and Neighborhood Watch programs, as well as their visioning process. He stated that he had spoken with the Burnsville City Manager, who offered to meet with the Council to provide information on the subject and assist the City of Mounds View in starting their own visioning process. He added that the City Manager had provided their entire packet containing step-by- step information on the subject. Marty noted that the City of Mounds View did not have an active Neighborhood Watch program at the present time. He stated that he had spoken with the Police Officers involved in the community policing and Neighborhood Watch programs within the City of Burnsville and they had also offered to meet with the Council to provide information on this subject. Council Member Marty reported that the City of Minnetonka had gone through a visioning process, and had offered some recommendations on how to begin the process and get people 2N:\DATA\USERS\JOANB\SHARE\M INUTES\CC\ 1999\06-28-99.CC involved. He stated that they had brought forward a suggestion regarding the appointment of members to commissions. He stated that, as with the City of Mounds View, the appointments • were made by the Mayor, and were then either approved or denied by the City Council. He stated that they had revised their policy to have the interested parties apply for the positions and interview with the entire Council at Work Sessions, leaving the selection process a decision of the Council. He stated that this would provide the Council the opportunity to learn about the applicants, and why they were applying for the commissions. Marty added that this policy might prevent the problems of `mudslinging,' which had occurred with some commission appointments in the past. He stated that, in his opinion, the subject would be worthy of further investigation. Council Member Marty stated that he had also attended a tax seminar, where discussion took place in regard to Tax Increment Financing (TIF). He stated that an expert in the area had advised that, although Tax Increment Funds were necessary as required, they should be paid off within seven to ten years. He stated that loans made for fifteen or twenty-year periods were, in his opinion, invalid. He stated that a Council or staff could make the loans, which may not be paid at the time they are due and, therefore, leave someone other than the party who originally negotiated the term of the loan to deal with the remaining debt. He stated in consideration of the rate that the State has been decreasing industrial and commercial taxes, TIF loans should require a set amount as a guarantee to insure they will be paid back. He noted that without this guarantee, the only way to recoup the possible decrease in taxes would be through a franchise fee. Marty added that the City of Mounds View had discussed eliminating franchise fees and in . light of this information, it would be of merit to further investigate the franchise fee issue, in terms of the existing TIF loans. Council Member Marty stated that he had gained information from these and several other seminars, and found them to be, for the most part, very interesting. He stated that he would be obtaining more information in the future from the numerous contacts he had made at the Conference. Mayor Coughlin reported that he, Council Members Marty and Stigney, City Attorney Long (in his capacity as League Board Member), Assistant to the City Administrator Schmidt, and City Administrator Whiting had all attended the League of Minnesota Cities Conference in Rochester. He stated that Economic Development Coordinator Kevin Carroll had also attended the conference in the capacity as Council Member of the City of Rosemount. Mayor Coughlin stated that he had attended a budget seminar where discussion took place in regard to communicating the needs of the city to the community in a clear and sensible manner. Mayor Coughlin stated that the primary focus of this type of meeting was to provide the Council with the opportunity to communicate with other people throughout the State who may have encountered similar situations, in order to share information. He stated that it was beneficial to pool their resources, and added that he had also made numerous contacts at the Conference. Mayor Coughlin stated that one of the items before the Council was a public hearing regarding the Streets Committee Report, and one of the recommendations mthe Report pertained to what 3N:\DATA\USERSVOANB\SHARE\MINUTES\CC\ 1999\06-28-99.CC percentage should be assessed during road reconstruction. He stated that one of his goals at the Conference had been to seek out other Mayors and Council Members to learn about their policies in this area. He stated that some creative solutions had come forward, he considered the Conference to be very beneficial, and was attempting to compile the information he had obtained, and share it with the members of the Council. Mayor Coughlin congratulated City Administrator Whiting for securing his position on the League of Minnesota Cities Board. He stated that this was a one year position, during which City Administrator Whiting would represent the City of Mounds View. He stated that this was an honor for City Administrator Whiting and also very beneficial for the City of Mounds View in having gained representation with this body. Mayor Coughlin stated that he had attended a community picnic at the Mounds View manufactured home park where both he and his son had enjoyed a great time. He expressed his thanks to the community of the Manufactured Home Park. He stated that Dare Program Officer Tim Brennen was also in attendance, and noted that he was quite impressed with the impact of his presence upon the children. He stated that Officer Brennen was viewed in a very positive light, both through his work with the Dare Program, and as a role model for the children. He commended Officer Brennen for the excellent job he was doing. Council Member Thomason stated that she had attended the EDC and EDA meetings, and had nothing to report in these areas. She stated, however, that there had been questions regarding the • manner in which the other Council Members addressed her and she wished to clarify that, although she had no particular preference, it was with her permission that the Council Members address her as "Councilwoman." Council Member Stigney reported that during the League of Minnesota Cities Conference, he had attended a seminar which focused upon politics as elected officials, where discussion took place regarding the use of influence and power in constructive ways, and not to abuse them. He stated that he had attended a seminar regarding the rehabilitation, upgrading and replacement processes applicable to manufactured home parks, noting that some of the information brought forward at this seminar might be of interest to the City of Mounds View in regard to their manufactured home parks. Council Member Stigney reported that he had attended a seminar that focused on the financing of technology, and another whose topic was evaluating the City Manager. Council Member Stigney stated that his name had been drawn as the recipient of a $1000 door prize, and that the proceeds of the door prize would be used for the benefit of the City of Mounds View. He listed the names of the numerous companies who had contributed to the door prize. Acting Administrator Mike Ulrich reported on the construction projects within the City. He stated that the Spring Lake Park/County Road I project was proceeding, and that the entire length of Spring Lake Road had been recycled. He stated that the first overlift mat had been laid, and it would be approximately two weeks before the second bituminous layer would be put down. He • stated that, in the interim, City crews would be establishing the grade and installing the manhole covers and castings. Following that, he stated, the landscaping crews would complete the 4N:\DATA\USERSVOANB\SHARE\MINUTES\CC\I 999\06-28-99.CC boulevard and landscaping, and City crews would install the mailboxes and posts. He stated that, weather permitting, the project would be completed by mid July. Acting Administrator Ulrich noted that the City Hall parking lot improvement project was also in the process of being completed. • City Attorney Long had no report. 7. CONSENT AGENDA A. Approve Just and Correct Claims B. 1999-2000 Restaurant License Renewals C. 1999 Garbage Hauler License Renewals D. 1999/2000 License Renewals E. Contractor Licenses for Approval F. Set a Public Hearing for 7:05 p.m., Monday, July 12, 1999 for the Introduction (First Reading) of Ordinance 632, an Ordinance Amending Chapter 1113 of the Zoning Code Pertaining to Permitted Uses within the B- 2, Limited Business Zoning District G. Consideration of Resolution 5350, Authorizing Request for Variance to the Rules of the Municipal State Aid Division of the Minnesota Department of Transportation H. Consideration granting City authorization to Dave and Mary Peloquin to install a driveway surface at 8333 Groveland Road, two feet from City Property (Groveland Park). I. Public Hearing and Second Reading of Ordinance 634, an Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations within the City of Mounds View for July 12, 1999 at 7:25 p.m. Mayor Coughlin asked the Council if anyone would like to remove items for discussion. MOTION/SECOND: Marty/Stigney. To approve the Consent Agenda for items A, B, C, D, E, F, G, H, and I as listed above. Ayes - 4 Nays - 0 r~ Motion carried. Council Member Marty stated that, although he did not wish to remove Item 7C of the Consent Agenda at that time, he requested the subject be considered for discussion at a future Work Session. He stated he was aware that the garbage hauler license expiration date was June 30, but would like to look at the possibility of a one or two day weekly work schedule, to allow for the garbage hauling process within the community. He noted that, at present, garbage hauling is conducted throughout the week, and he had received comments regarding the noise associated with the process. He stated that the City of New Brighton had required all garbage haulers to conduct their business on one day during the week, and suggested that this maybe an appropriate approach to resolving the problem of excessive noise. SN: \DATA\USERSUOANB\SHARE\MINUTES\CC\ l 999\06-28-99.CC Mayor Coughlin stated that it was the consensus of the Council to direct staff to add Item 7C of the Consent Agenda to the future Work Session agenda for further discussion. 8. UNFINISHED BUSINESS None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Sherry Gunn, 8120 Red Oak Court, speaking on behalf of the Festival in the Park Committee, stated that the Festival in the Park would be taking place on July 10 and July 11. She stated that the festival would be afamily-oriented event, and briefly outlined the scheduled events which included a parade along County Road I, the wedding and reception of Ole and Lena, fireworks, and a variety of vendors and food concessions. She extended an invitation to the community to attend the festival. Mayor Coughlin commended Mrs. Gunn for her leadership in the Committee. There were no other requests or comments from the floor. 10. COUNCIL BUSINESS A. Public Hearing 7:05: for Second Reading and Consideration of Ordinance 628, an Ordinance Amending Chapter 1001 of the Mounds View Building Code Pertaining to Contractors Licenses Mayor Coughlin opened the Public Hearing at 7:37 p.m. Planning Associate Ericson stated that this ordinance revises the City Code to allow for the annual renewal of contractors licenses, as opposed to renewal in the middle of the building season. He noted a revision to the ordinance, which was not reflected in the Council's packet. He stated that the ordinance would delete references to "Fire Protection" from the license requirement, as indicated in a footnote, as this is already required by the State. He stated that the text attached to the footnote would also be deleted, causing the other footnotes in the ordinance to be re-numbered. He stated that this change will be incorporated into the ordinance and, other than this, it has not changed from the first reading. Mayor Coughlin closed the Public Hearing at 7:40 p.m. Council Member Marty stated that he found no problem in relation to the ordinance, adding that it had been discussed on numerous occasions. Mayor Coughlin agreed, adding that, as a contractor himself, he found that the revision made much more sense than the previous requirement, and stated his approval for the recommendation. 6N: \DATA\US ERSUOANB\S HAREiMINUTES\CC\ 1999\06-2 8-99. CC MOTION/SECOND: Marty/Thomason. To Waive the Reading and Adopt Ordinance 628, an Ordinance Amending Chapter 1001 of the Mounds View Municipal Code (Building Code) • Pertaining to Contractors Licenses and Work Requiring a City License; Planning Case SP-070- 99 Ayes - 4 Nays - 0 Motion carried. B. Public Hearing 7:10: for Consideration of a Resolution Approving the Request of Merryville Farm Market to Operate an Outdoor Produce Stand at Moundsview Square. Mayor Coughlin opened the Public Hearing at 7:41 p.m. Planning Associate Ericson gave a brief overview of the ordinance, stating that the applicant would Like to operate an outdoor produce stand in the parking lot of Moundsview Square Shopping Center from July 1 through September 30, 1999. He stated that there were no problems associated with the operation in the previous year. He stated that, as with Linder's Greenhouses, the Conditional Use Permit would remain in effect indefinitely, so long as the criteria were met. He added that if the operation were to require a review by Council or staff, the approval could be handled administratively. He stated that there was the possibility of a potential overlap with the operation of Linder's Greenhouses, by as much as 15 days. He stated that this would create no impact, and there was no shortage of parking in the event of an overlap. Ericson stated that staff had drafted the resolution, which provides for the non-expiring Conditional Use Permit, and they and the Planning Commission recommend that Council approve the Conditional Use Permit, with stipulations. Mayor Coughlin closed the Public Hearing at 7:43 p.m. Council Member Marty asked if the possibility of an overlap had been discussed with Linder's Greenhouses and Merryville Farm Market. Ericson stated that discussion may have taken place in the past, and explained that the two vendors were not in competition with each other. He reiterated that there would be no impact in the event of an overlap. MOTION/SECOND: Stigney/Marty. To adopt Resolution No. 5342, a Resolution Approving a Conditional Use Permit for Outdoor Produce Sales at Moundsview Square, Requested by Merryville Farm Market; Planning Case No. 554-99, with stipulations. Ayes - 4 Nays - 0 Motion carried. C. Public Hearing 7:15: for Second Reading of Ordinance 625 Regarding a Limited Gas Franchise Agreement for Reliant Energy Minnegasco Mayor Coughlin opened the Public Hearing at 7:45 p.m. City Attorney Long stated that Ordinance 625, as contained in the Council's packet was exactly the same as the original Franchise Ordinance discussed at the Work Session, with the exception 7N: \DATAiUSERSIJOANBiSHAREiMINUTES\CC\ 1999\06-28-99.CC of two changes. He referred to page 2 of the Ordinance which grants to the company a limited Franchise Agreement, the date of operation to be indicated, executed June 4, 1999 with Fran and Sons. This ordinance allows for the company to operate at one specific property within the City of Mounds View, that is, Zep Manufacturing. He stated that if the company chose to add an additional location in the future, an amendment to the ordinance would be required. City Attorney Long stated that they had attempted to synchronize the ordinance with the Charter, noting that Minnegasco had commenced operations at the specified location over one year ago. He stated that due to delays of the League of Cities in attempting to draft a model ordinance for all cities, the process had taken until the present date to complete. He stated that the ordinance being considered, although not yet adopted, was the final draft, and had been reviewed by all of the engineers. Sarah Royals, representing her father, Raymond Royals, 5054 Eastwood Road, stated that her father, who was unable to attend the meeting due to his work schedule, opposed the granting of the franchise to Minnegasco. Milon Lubke, 2509 Hillview Road, an employee of Northern States Power, stated that his employer had provided great service to the community of Mounds View. He stated that, in his opinion, one company providing gas, and in this case electricity as well, allowed for a more clean operation within the community. John Theis, representing Northern States Power, stated that it would be their preference for the • City to allow Minnegasco to continue serving Zep Manufacturing by permit only. He added that the alternative would be to allow them to provide service to this location by limited permit, as proposed. Al Swintek, representing Reliant Energy Minnegasco, stated that they understood the concerns regarding the granting of the franchise, and stated that it was not their intention to extensively run gas lines within the roads of the City of Mounds View. He stated that this would not be cost effective, and would create an unnecessary duplication of service. He added that if they had wanted to do this, it would probably not meet the requirements of the new right-of--way management ordinances, or the permitting processes. He stated that they are also subject to Public Utility Commission rules regarding extended service, which would require cost effectiveness, and reiterated that this was not their intention. Mr. Swintek stated that they were interested, however, in providing service to customers who desired to receive service from them, provided that it would be cost effective and in alignment with the City's new right-of--way management and permitting processes. He stated that there are, at present, two customers who meet that criteria. One, he stated, was Zep Manufacturing, and the other, located directly across the street, was the Realife Cooperative. He stated that Minnegasco has an agreement with the Realife Cooperative, executed June 14, 1999 with Fran and Sons, the contractor who is constructing the project. He provided the Council with a copy of the agreement. He stated that he appreciated the responsibility of the Council in considering this request. He noted, however, that the Council has the authority to manage the rights-of--way and, in their opinion, if a customer meets the criteria and desires service from their company, they should be allowed to provide that . service. He stated that Minnegasco was aware that the ordinance under consideration was drafted to include the Zep Manufacturing location only. He added that it was hoped the Council 8N:\DATA\USERS\JOANB\SHARE\M INUTES\CC\I 999\06-28-99.CC would reconsider this and permit them to provide service to the second location, in light of the signed agreement, and their following the right-of--way management agreement and ordinances • that the City has underway. Michael Mayerchak, representing Northern States Power, stated that they were concerned with the recent request to add the second location. He stated that Northern States Power felt very strongly that this was a completely different situation that the first location, in that the Zep Manufacturing property had two gas mains in front of the property, one belonging to Minnegasco and the other belonging to Northern States Power. He stated that Minnegasco was able to provide service to Zep Manufacturing without running any new main. He noted, however, that in order to provide service to the Realife Cooperative, Minnegasco would have to run 2100 feet of main to the location. He stated that Northern States Power has an existing main at that location. He stated that they did not believe any benefit to the City existed due to the de-regulation which would occur in the future. He stated that the de-regulation would allow customers at residential and commercial levels to chose their providers but, at present, only wholesale customers could make that choice. Mayor Coughlin offered Minnegasco the opportunity for rebuttal. Mr. Swintek stated that this should not be a question of which company is better, and he did not want to place the burden of that decision upon the Council. He stated that as long as both companies have the ability to serve the customer, the customer so desires, and the service does not adversely affect the right-of--way, they should be allowed to provide the service. Mayor Coughlin closed the Public Hearing at 7:57 p.m. Council Member Marty commented that the question of which company was a better company was not an issue with the Council. He stated that, in his opinion, they were equals in quality and service. City Attorney Long noted that Section 2.1 of the ordinance regarding the term of the agreement, was incomplete. He stated that he was attempting to determine the term of the Franchise Agreement with Northern States Power, in order to provide a parallel time frame for Minnegasco. Council Member Stigney stated that the Just Claims of the City included a large billing from Minnegasco, which he assumed was for service to the Golf Course. He asked if Minnegasco was presently providing that service, and added if that was the case, and the Council decided to approve the Franchise Agreement, the City Golf Course should be included on Exhibit A of the ordinance as a second location. Mayor Coughlin stated that he was in favor of open competition between equals, noting that both Minnegasco and Northern States Power were reputable companies, longstanding within their various communities. He noted Minnegasco had indicated they did not intend to run extensive gas lines within the City of Mounds View, and simply desired to provide service to a particular area of the City. He requested, in light of this, that the Council consider including the Realife 9N:\DATA\US ERS\JOANB\SHARE\M INUTES\CC\ 1999\06-28-99.CC Cooperative, who had, in good faith, chosen Minnegasco to be their service provider. He noted that although he held out hope for de-regulation, that might not be a practical possibility in the near future. He proposed inclusion of the Golf Course, if need be, the Zep Manufacturing location, and the Realife Cooperative location into the ordinance, providing they abide by the right-of--way agreement and permitting processes. Council Member Marty stated that the franchise is limited to Zep Manufacturing, which is a different situation that the Realife Cooperative. He stated that his understanding was that they would discuss the Realife location at a later date. He stated that he had no problem with Exhibit A, as it is written, and the possibility of the addition of the Golf Course, but would like further discussion before granting a blanket franchise. Mayor Coughlin clarified that he was not proposing a blanket franchise but, rather, a compromise to an agreement previously reached by the Council. He stated that a very limited amount of work and doubling of pipeline was being proposed, which would provide a development with a choice. He added that they were either going to stand for what is essentially a monopoly or not. He stated that, as a contractor and proponent of the free market, he was proposing a very limited Franchise Agreement to include no more than the three specified locations, and requested the Council's support. Council Member Thomason stated that the agreement between Reliant Energy Minnegasco and the Realife Cooperative had been signed prior to the Council's last discussion. She stated that, in • her opinion, they should not suffer the inability to obtain the service they had chosen, and that leniency was indicated. She stated that she supported Mayor Coughlin in a limited Franchise Agreement to include the Golf Course, if need be, Zep Manufacturing, and the Realife Cooperative. Council Member Marty stated that the agreement was made 24 days prior, and that the issue had come to the attention of the Council some time before that. He stated that, in effect, the agreement had not been signed until after the Council had been informed of the issue. He acknowledged that they had not had extensive discussion on the matter, however, in his opinion, the 24 day time period was not significant. Marty stated that at the last Work Session, City Attorney Long had advised that action should have been taken on the matter some time ago in regard to Zep Manufacturing, possibly one year ago. He stated that he was not in favor of monopolies, however, he did not see how the addition of another gas line would benefit any residents of the City, other than possibly the Realife Cooperative residents. He reiterated that he had no problem with accepting the ordinance as written, with the possible addition of the Golf Course, but stated that he could not support the addition of another location without further discussion and examination. He stated that before the addition of gas lines in and under the City streets, he would like more research. Mayor Coughlin reiterated that the Council and Realife Cooperative's time line may not be the same. He stated that, at this point, they had discussed the subject at great length. He stated that the Council would be considering the Right-of--Way Ordinance during the present meeting, • which provided immense control for the City and the Public Works Director in determining whether or not something is viable. He stated that Public Works Director Ulrich and others are l ON:\DATA\USERSVOANB\SHARE\M INUTES\CC\ 1999\06-28-99.CC the experts in the area of gas lines. He stated that he and the Council desire everything to be done properly, and that the reason for the Right-of--Way Ordinance is to hold paramount the issue of safety. He stated that he would again request the Council's support as a contractor and someone who desires as much competition m the realm of utility provision as possible, so as to keep everyone's cost down. Mayor Coughlin stated that only the Realife Cooperative may directly benefit, the fact that they have a choice would put pressure on both Reliant Energy Minnegasco and Northern States Power to keep their prices low. He noted that Minnegasco has been consistently lower by one or two pennies for years, and that their ability to compete with another provider and still maintain a slight edge should be honored and respected. He added that the difference might not be slight to someone on a fixed income during the wintertime. Mayor Coughlin stated that competition in and of itself did not create pressure, but added to the pressure to compete to prevent an executive board from going to the Public Utilities Commission to request a rate increase. He stated that every day, week, and month that executive boards hold off was "money in the pockets of you and I." He stated that, in the spirit of free enterprise, and anti-monopoly, and as a contractor, he would encourage the Council to include the Realife Cooperative in this very limited Franchise Agreement. Council Member Stigney stated that the Council had discussed the ordinance extensively at the previous Work Session. He stated that there were still several legal issues that were not resolved, including a question regarding placing a moratorium on additional franchise agreements. He stated that City Attorney Long had been directed by the Council to pursue the matter as a limited agreement. He stated that he had received several telephone calls from residents who were concerned regarding gas service, and possible service duplication. Council Member Stigney stated that he was also in favor of competition, however, he noted, the area in question was not new but, rather, had already been developed and, therefore, the question was duplication of services. He stated that the reference to Realife Cooperative in Exhibit A had been deleted at the Work Session, and that Exhibit A was only to reflect Zep Manufacturing, pursuant to the Council's discussion at that time. He stated that the reason the issue was before the Council at this meeting was to clear up the documentation associated with the ongoing service at Zep Manufacturing, which has not yet been resolved. He stated that he was in favor of the agreement in regard to Zep Manufacturing, and if it is determined that Minnegasco is presently providing service to the Golf Course, he was in favor of that addition to Exhibit A. He stated, however, that as far as expanding to the Realife Cooperative, more information should be provided to the Council and the residents, noting the duplication of services and that some risks were involved. He stated that his main concern was that they not incorporate the Realife Cooperative into the ordinance at this time, and approve what they had agreed upon. Mayor Coughlin stated that he recognized they had discussed the subject at the Work Session, and the Council meeting provided an opportunity to add to or subtract from the ordinance as necessary. Council Member Stigney stated that, in his opinion, he would not add the Realife Cooperative at • this time. He stated, however, he would go ahead with Zep Manufacturing and the possible addition of the Golf Course, if it was determined that Minnegasco was already providing that 11 N:\DATA\USERS\JOANB\SHARE\MINUTES\CC\1999\06-28-99.CC service. He stated that the Council could pursue the Realife location further, when the legal issues were resolved and more information had come forward. • Council Member Thomason stated that the Realife development was presently under construction. She stated if the Council was to only allow Zep Manufacturing, and placed a moratorium until more information was available, there was a possibility that the Realife Cooperative would lose the option to have Reliant Energy Minnegasco as their service provider. She stated that the Council should add the Realife location to Exhibit A at this time, or it would be delayed so much that it would not be an issue. She noted that Realife and Minnegasco had entered into their agreement in the beginning of June, and the Council was just discussing the matter at that time. She stated that no opinions had yet been formulated by the Council, and Reliant Energy Minnegasco did not know whether the Council would approve or disapprove the matter at that time. She stated that she believed Realife and Reliant Energy Minnegasco had entered into their agreement in good faith, and she had reservations regarding not granting the limited use because of this. Council Member Stigney stated that he could understand Mayor Coughlin's opinion as a contractor, however, the questions and concerns regarding legal and safety issues had not yet been answered to his satisfaction. He stated that he was not prepared to vote at this time. Mayor Coughlin stated that Council Member Stigney still had time left, and asked if he would care to yield the floor. Mr. Mayerchak stated that both Reliant Energy Minnegasco and Northern States Power were good companies, and he did not believe that was a matter of dispute. He stated that both companies had served their communities well. He stated, however, that he would like to provide clarification regarding the present issue. He stated that Northern States Power had recently received a request for gas availability at Norwest Bank on Washington Avenue in Minneapolis, traditionally a Reliant Energy Minnegasco service area. He stated that, because he was an aggressive salesman, he decided to look into the matter. He determined that Northern States Power would have had to run more than a quarter mile of main to provide service to that building, and determined that in order to follow the proper steps, they would be unable to serve that location. He stated that, in this case, Reliant Energy Minnegasco was aware that in order to get a signed agreement with Realife Cooperative, they needed a Franchise Agreement first. He stated that they were aware of this a long time ago, noting that six weeks prior, Mr. Melander had stated that they were serving Zep Manufacturing by permit only. He stated that to enter into a contractual agreement prior to a Franchise Agreement would create an invalid transaction, and having a signed agreement does not necessarily supersede a Franchise Agreement. He stated that, in this case, the process had been somewhat violated. Mayor Coughlin asked Council Member Stigney if he would care to yield the floor for rebuttal. Mr. Swintek stated that Reliant Energy Minnegasco was aware of how the permitting and Franchise Agreement processes work. He stated that in this particular case, there was no reason for them to think that a Franchise Agreement would not be granted. He stated that it is a 12N:\DATA\USERSVOANB\SHARE\M INUTES\CC\1999\06-28-99.CC common practice in other cities. He stated that they were of the opinion that a Franchise Agreement would be granted, and this and the Minneapolis situation were not the same. City Attorney Long stated that he had spoken with Public Works Director U1rlch regarding the term of the Northern States Power Franchise Agreement, which was a twenty year period. He stated that in the interest of providing an equal term for Reliant Energy Minnegasco, the date of expiration of the term should be July 1, 2019. He stated that procedurally, and in order to prevent the need to re-draft the ordinance in the event of a split vote, the Council could request that the blank space in Section 2.1 of Ordinance 625 contain the date July 1, 2019, and could request the addition of Item 2 to indicate "City owned property receiving service from Reliant Energy Minnegasco from the date of enactment of Ordinance 625." He stated that the legal description of the golf course could be added at a later date. He stated that this clause would be sufficient to cover the golf course property if it was determined that Reliant Energy Minnegasco was the service provider at that location. MOTION/SECOND: Marty/Stigney. To Adopt Ordinance 625, an Ordinance Granting Reliant Energy Minnegasco, a Natural Gas Utility, a Division of Reliant Resources Corporation, a Delaware Corporation, Its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Public Ground of the City of Mounds View, Minnesota for such Purposes; and Prescribing Certain Terms and Conditions Thereof, to Include the Addition of the City Owned Property Receiving Service From Reliant Energy Minnegasco. Ayes - 3 Nays - 1 (Coughlin) Motion carried. Mayor Coughlin stated that he would move to amend the motion to adopt Ordinance 625, to include the Realife Cooperative to the List on Exhibit A, Description of Customer Accounts, on this limited Franchise Agreement. MOTION/SECOND: Coughlin/Thomason. To Adopt Ordinance 625, an Ordinance Granting Reliant Energy Minnegasco, a Natural Utility, a Division of Reliant Resources Corporation, a Delaware Corporation, Its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Public Ground of the City of Mounds View, Minnesota for such Purposes; Prescribing Certain Terms and Conditions Thereof, with Additions and as Amended. Ayes - 2 Nays - 2 (Stigney, Marty) Motion failed. D. First Reading of Ordinance 633, an Ordinance Implementing a Moratorium on Additional Franchise Agreements Mayor Coughlin opened the Public Hearing at 8:30 p.m. • 13N:\DATA\USERS\JOANB\SHARE\MINUTES\CC\ 1999\06-28-99.CC City Attorney Long stated that this ordinance was the result of discussion which had taken place at the Council's Work Session. He stated that it provided for an interim ordinance, or • moratorium, which granted new franchise ordinances or an extension of an ordinance, as in the case of Reliant Energy Mmnegasco. He stated that the moratorium could specify a date, or run until the final adoption of an amended ordinance to regulate rights-of--way. He stated that it had been the consensus of the Council to have this moratorium in place until the rights-of--way ordinance was adopted and implemented. He noted that moratoriums are routinely upheld in relation to land use issues, and there is a relative land use in terms ofrights-of--way excavations. He stated that they could extend a time period for up to one year, by statute, and he believed that any lesser time period would certainly be upheld. He stated that he had not heard of this type of moratorium being utilized in conjunction with a franchise issue, but it was possible through the land use authorization in Minnesota Statutes. City Attorney Long stated that the Council has the Second Reading of the rights-of--way ordinance before them at the present meeting and he would recommend laying the item over, as it would probably require amendments. He stated that aright-of--way ordinance could be adopted within thirty to sixty days. He noted, however, that implementation of the ordinance may require a longer period of time. Mayor Coughlin closed the Public Hearing at 8:34 p.m. Mayor Coughlin asked if the phrase "final adoption and implementation" should be added to • page 2, Subparagraph 2, which indicates "or until final adoption of an amended ordinance." City Attorney Long stated that if the right-of--way ordinance is adopted, implementation steps are required for review of a permit when it comes forward, and the addition of this language might not be necessary. He stated, however, that the question would be whether to set a time frame or leave it until the final adoption of the amended ordinance. He reiterated that the moratorium could not extend beyond one year. Mayor Coughlin stated that he would be in favor of aninety-day moratorium, adding that this would provide an adequate amount of time for discussion. Council Member Marty asked City Attorney Long and Acting Administrator Ulrich if everything could be accomplished within ninety days. City Attorney Long stated that he thought this would be a reasonable amount of time. Acting Administrator Ulrich stated that they could attempt to complete their study, and get the franchise fees and other matters in order during that time period. Council Member Stigney asked if it would be possible to extend the moratorium in the event that Public Works Director Ulrich was to have difficulty meeting the deadline. City Attorney Long stated that if they were aware of the need for an extension, possibly two weeks ahead of time, they could extend the moratorium by up to nine months. • 14N:\DATA\USERSUOANB\SHARE\M INUTES\CC\1999\06-28-99.CC Council Member Marty presented a portion of the proposed ordinance for the benefit of the public. He stated that he would be in favor of approving the ordinance with the ninety-day stipulation. MOTION/SECOND: Marty/Thomason. To Adopt Ordinance No. 633, an Emergency Interim Ordinance Regulating the Presence and Siting of Gas Utility Projects within the City of Mounds View, as amended. Ayes - 4 Nays - 0 Motion carried. E. First Reading of Ordinance 634, an Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations Within the City of Mounds View Mayor Coughlin opened the Public Hearing at 8:40 p.m. Mr. Swintek stated that it was Reliant Energy Minnegasco's understanding that as part of the Franchise Agreement, the fee would be aligned with other gas customers in the City of Mounds View, and the language would be somewhat similar to that of Northern Stites Power. Mayor Coughlin closed the Public Hearing at 8:41 p.m. • Mayor Coughlin stated that the franchise fee was presently set at two and one-half percent. MOTION/SECOND: Stigney/Marty. To Adopt Ordinance No. 634, an Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations within the City of Mounds View. Ayes - 4 Nays - 0 Motion carried. F. Public Hearing 7:30: for the Second Reading of Ordinance 630, Right of Way Management Mayor Coughlin opened the public hearing at 8:41 p.m. Harold Bagley, Senior Attorney for Northern States Power Company, stated that this was a very complex ordinance, which followed a proposal of the League of Minnesota Cities, not yet in final form. He stated that they had concerns regarding the League model which, he stated, was still a type of Minneapolis/St. Paul model, and far too complex for the average city. He stated that they had been existing for some time with permit ordinances, usually much shorter in length, and did not see the need or advantage to the city to have all the complexities. He stated that the Public Utility Commission had adopted regulations, by direction of the legislature, regarding restoration of the right-of--way, in terms of what the requirements are from an engineering standpoint. He stated that the city has input into them in regard to how much, and the maximum amount they • can require of the utility or other right-of--way user in restoring the right-of--way. He stated that in regard to the right-of--way having an impact on the franchise, he felt he must clarify. He stated 15N:\DATA\USERSUOANB\SHARE\MINUTES\CC\ 1999\06-28-99.CC that a franchise was a contractual agreement between a city and utility to provide service within an area depicted by the city. He stated that this could be a limited or unlimited area, and that once you have a franchise, you have the right to provide service in whatever area the city gives you. He stated that in regard to rights-of--way, a person properly having the nght to use the street is subject to the franchise and reasonable regulation. He stated that reasonable regulation was setting forth the terms and conditions upon which you can use the streets. He stated that both Reliant Energy Minnegasco and Northern States Power have the right to use the streets of the City of Mounds View by State Statutes. He stated that if Minnegasco has a franchise and they come to the City for a permit to extend to a customer that the franchise by area allows them to serve, the City does not have the right to deny them. He stated that when aright-of--way ordinance is passed, it is usually administered by the Department of Public Works, and the Department of Public Works does not have the right to deny a permit if the permittee has met all of the terms and conditions of the ordinance. He stated that 237; 163 and 164 of the statutes, which allowed the Public Utility Commission to adopt these regulations, made it clear that the franchise will prevail over the ordinance. Attorney Bagley stated that the franchise agreement generally provides the right to serve and the insurance and bonding requirements might be unnecessary for some utility providers. He noted that in the case of an unknown provider, more stringent requirements might be in order. He stated that it was their desire to work out these issues, first, with the League of Minnesota Cities, if possible. He noted that the League had invited their comments and concerns on what was a very fresh draft. He stated that they would then like to work through the ordinance with the City's Director of Public Works to determine if the provisions really benefit the City, possibly provide additional options, and have the City staff determine what was best for their city. Mayor Coughlin stated that the Council was open to entertain any evidence they would like to present, which was contrary to the proposed ordinance. He noted that City Attorney Long had suggested the ordinance be laid over, and added that staff had the opportunity to discuss the matter. Attorney Bagley stated that there were many good things in the ordinance and they would just like the opportunity to work through it with staff. He stated that the other concern was in regard to the under grounding of electrical facilities. He stated that Northern States Power has a franchise to provide electricity, as well as a service area assigned by the Public Utilities Commission. He stated that they have filed a tariff with the Public Utilities Commission, and they will go underground if the city pays. He stated that this tariff was attacked by the City of Oakdale, who had an ordinance in place requiring that they go underground, and they were forced to litigate the matter. He stated that the courts determined, under 216b of the statutes, the City had the right to require under grounding and, under their tariff, Northern States Power had the right to surcharge the added cost to the residents of the community requiring the under grounding. He stated that the tariff has been filed, and not yet approved, noting that it will be another sixty to ninety days before it is in final form and approved by the Public Utilities Commission. He stated that if the City orders under grounding, the added cost will be charged to the residents. He added that without an ordinance, the City is free to request Northern States Power to underground. He advised that under grounding was at such a great cost, the City should look at it on aproject-by-project basis, and not a blanket requirement, unless they decide that their residents can afford it. 16N:\DATA\USERSV OANB\SHARE\MINUTES\CC\ 1999\06-28-99.CC Council Member Marty asked if a date had been set with the League of Minnesota Cities for discussion of these issues. Attorney Bagley stated that they had not yet received a commitment • from the League, but he had made comments to the General Counsel and Jim Strummond, who indicated they will review them and get back with him. He stated that he had received no commitment from the League in regard to when they will come out with the final form, or to what degree they would take his comments into consideration. Mr. Swintek stated that he had written comments regarding some very minor changes to the ordinance, and requested the Council's consideration. He presented the written comments to the Council. Mayor Coughlin closed the Public Hearing at 8:52 p.m. Mayor Coughlin asked City Attorney Long if he was recommending the Council lay over action on the ordinance until a time to be determined. City Attorney Long stated if the Council was going to proceed with the ordinance, they could include under grounding with a statement to the effect of "they could request under grounding on aproject-by-project basis," adding that he thought the Council should lay it over. He stated that Attorney Bagley's comments were appropriate. He stated that the League of Minnesota Cities had spent approximately one and one-half to two years meeting with engineers in the industry, and although the ordinance had not yet been formally adopted, it was the ordinance that was being distributed as the model ordinance. He stated that a number of cities had acted upon it. He stated that there would be modifications and an additional two weeks would provide the opportunity to take Attorney Bagley's comments into consideration, as well as the comments presented by Mr. Swintek, and others. He stated that the Council might wish to discuss the matter one more time at a Work Session. Council Member Stigney commented that he had not received a complete copy of the ordinance in his packet. He stated that he had previously read that under grounding was up to the discretion of the city, and not a requirement. Attorney Bagley stated that his comment was that the city could request under grounding without it being referenced in the ordinance. He stated that they already have rules and regulations on file, and if the city pays for it, they will go underground. He stated that if the city did not want to pay for it, Northern States Power had the tariff available to surcharge the residents. Another option, he noted, would be to amend the franchise agreement to cover the additional cost of underground facilities. He stated that the city had the ability to request under grounding without putting it into the ordinance, and he did not think any action would be necessary at this time. Council Member Stigney stated that the ordinance simply indicates that the city has the option of requesting under grounding, and Northern States Power would be surcharging its customers for that process. He stated that he understood Northern States Power had other avenues of covering the costs, but this did not mean that many of the things in the Right-of--Way Management were not good. He stated that he would like Attorney Bagley's input into the matter. He stated that the ordinance had been looked at for a long time, and he did not wish to disregard it. Attorney • Bagley stated that he agreed and would forward their comments to City Attorney Long for his 17N:\DATA\USERSV OANB\SHARE\MINUTES\CC\ 1999\06-28-99.CC consideration. He noted that this ordinance was basically identical to that drafted by the League of Minnesota Cities, which provided the opportunity to cover both ordinances at the same time. • Council Member Marty commented that he also did not receive a complete copy of the ordinance in his packet. MOTION/SECOND: Thomason/Marty. To Postpone Second Reading of Ordinance 630, an Ordinance to Enact a New Chapter of the Mounds View Code of Ordinances to Administer and Regulate the Public Right of Way in the Public Interest, and to Provide for the Issuance and Regulation ofRight-of--Way Permits, until a later date. City Attorney Long suggested that, in the interest of preventing a time delay, rather than postponing the Second Reading, the Council could consider this the Second Reading and lay over the ordinance until the date that they choose for adoption. Council Members Thomason and Marty agreed to substitute the amended motion as stated in place of the previous motion. MOTION/SECOND: Thomason/Marty. To Approve Second Reading of Ordinance 630, an Ordinance to Enact a New Chapter of the Mounds View Code of Ordinances to Administer and Regulate that Public Right of Way in the Public Interest, and to Provide for the Issuance and Regulation ofRight-of--Way Permits and lay over adoption until a later date. • Ayes - 4 Nays - 0 Motion carried. G. Public Hearing 7:20: for Review of Streets Committee Report Mayor Coughlin opened the Public Hearing at 8:59 p.m. Director of Public Works Ulrich outlined the seven recommendations contained in the Streets Policies Committee Final Report. Mary Malrick, 8289 Spring Lake Road, Streets Committee Chair, stated that the Streets Committee recommendations had been re-printed in the latest Mounds View Matters. She stated that this was a good working document, which brought the goals of the City and the goals of the public closer together. She stated that she hoped the Council would consider each of the recommendations contained in the Report. She added that Brian Kaden, a member of the Streets Committee, was also present. Mayor Coughlin expressed his thanks to Ms. Malrick and Commissioner Kaden for their participation in the Committee. Mayor Coughlin closed the Public Hearing at 9:02 p.m. • Mayor Coughlin stated that there was no action pending on this Item. He stated that it was one of two public hearings put in place to receive citizen comments. He stated that he had received 18N:\DA TA\USER5\JOANB\SHARE\MINUTES\CC\1999\06-28-99.CC several E-mail communications regarding the final report, all of which were positive. He stated that there would be a second public hearing on July 12, with members of the Streets Committee • in attendance to answer questions at that time. H. Public Hearing 7:25: for Approval of Renewal of Intoxicating Liquor Licenses Mayor Coughlin opened the Public Hearing at 9:03 p.m. Assistant to the City Administrator Schmidt listed the six intoxicating liquor licenses up for renewal. She stated that three of the licenses were for off-sale intoxicating liquor establishments, and three for on-sale intoxicating liquor establishments. She stated that the background reports indicated that all of the utilities had been paid to date. She stated that they had received the Police Department Reports, and the fire inspections, although not finished, were currently being completed. She stated her understanding that one of the Council Members had questions regarding one of the licenses, and City Attorney Long had some information to provide on these as well. Mayor Coughlin closed the Public Hearing at 9:04 p.m. Council Member Thomason stated that she had received some comments from the public regarding Code violations and noise problems. She stated that there were concerns associated with the license renewal of the Robert's Off 10 establishment. She stated that she had spoken with some of the residents at that location who stated there were problems in regard to excessive noise and people in the streets after hours. She stated that the residents had indicated they would like to have some type of noise and privacy screening in place, specifically, a fence. She stated that the previous Council had requested that trees be planted to accomplish this, but these did not provide an effective buffer for either problem. She stated that the residents were not against the license renewal, but would like to have some assurance that the issue would be resolved. She stated that it was suggested the requirements could be connected with the license renewal process and asked City Attorney Long if he would address the issue. City Attorney Long stated that the City had ordinances in place, in particular the noise ordinance, which dealt with these types of problems. He stated that, as a condition of the license, compliance with the conditions of the ordinances was implicit. He stated the license could specify that, as a new requirement, the owner comply with specific issues. He stated that, in regard to screening or fencing, it was allowable to include these as a condition of the license. He stated that the complication arose in obtaining and drafting the specific conditions of the requirements through negotiations with the owner of the establishment. Council Member Marty stated that, of the three on-sale liquor establishments, the Robert's Off 10 was the only one that affected a residential area. He stated that he could see the possible need for action. Mayor Coughlin stated the only comments that he had heard were in regard to the front and rear doors of the establishment being left open, and the noise levels after normal hours. He stated that 19N:\DATA\USERSV OANB\SHARE\MINUTES\CC\ 1999\06-28-99.CC some of the residents were forced to keep their windows closed and run their air conditioners throughout the summer in order to cope with the excessive noise levels. He stated that the establishment was located in a somewhat residential area, and it was the owners' responsibility to be a good neighbor. Mayor Coughlin suggested a stlpulatlon of the condltlons include that the doors be closed during operating hours, in sensitivity to the noise levels in the neighborhood. City Attorney Long stated that if they were going to have specific conditions of this nature, the additional requirement should be clarified. He stated that the conditions could be general and if they reached an agreement with the owner, approved by the Building Inspector. Mayor Coughlin asked if they could stipulate in the requirement, a time period during which staff and the owner could discuss the issues and come to some conclusion, and then bring the matter back before the Council for consideration. City Attorney Long stated that the procedural dilemma the Council was facing was in dealing with the renewal of the license which is granted for a year. He stated that once the license is granted, they could not add conditions. He stated that this has to be done at the time of the renewal action. City Attorney Long suggested that, if the applicant was present, they might obtain a general agreement that the renewal would contain a condition that some type of noise buffering be provided, in a form acceptable to the Building Inspector. Mayor Coughlin asked if the Council should separate this license renewal from the others, in • order to approve those not being contested. City Attorney Long stated yes. Mayor Coughlin stated that the Council would remove Robert's Off 10 from the motion, at that time. MOTION/SECOND: Thomason/Stigney. A Motion to Approve the Intoxicating Liquor License Renewals for Network Liquors, 2345 County Road H2, Budget Liquor, 2577 Highway 10, ABC Liquor, 2740 Highway 10, Donatelle's, 2400 Highway 10, and Mermaid, Inc., 2220 Highway 10. Ayes - 4 Nays - 0 Motion carried. Council Member Marty asked about the possibility of issuing a temporary or partial license to Robert's Off 10, so that the Council could revisit the matter in the future. He stated that he did not wish to close down the operation, but was uncertain if they could resolve all the issues during the meeting. City Attorney Long stated that he would like the opportunity to confer with staff regarding the matter, to determine whether the Code provided authorization to renew the license for less than a one year period. Mayor Coughlin suggested that with the consent of Council, they could postpone this consideration, and reconsider it later in the meeting. City Attorney Long stated that this would be helpful. I. Consideration of Resolution 5344 Approving a Development Review for a Four-plex on Vacant Land at 7613-7619 Woodlawn Drive 20N:\DATA\USERSUOANB\SHAREIMINUTES\CC\ 1999\06-28-99.CC Planning Associate Ericson stated that this was a request for a Development Review for afour- plex to be located on Woodlawn Drive. He stated that the applicant has already received approval for afour-plea adjacent to this property which is currently under construction. He stated that all of the dimensional requirements have been met and the only issue of concern was in regard to the drainage, which was a problem with the adjacent four-plex as well. Ericson stated that the property owner to the north had agreed to permit the applicant to install a storm sewer that would drain into a catch basin in County Road I. He stated that this should resolve any potential problems. He stated that the City Engineer had reviewed a substitute drainage plan, which provided for on-site drainage that could be utilized if the storm sewer could not be installed. He stated, however, that it appeared the storm sewer would be installed. Ericson stated that there would be three three-bedroom units, one two-bedroom unit, and each will have atuck-under garage. He stated that the three-bedroom units would have two- car garages each, and the two-bedroom unit would have aone-car garage. He stated that all of the units will have two parking spaces in front and staff feels there would be no problems with parking on this site. Ericson stated that the easement documents had not yet been dedicated or executed, and they were waiting for the completion of the title work. He stated that the subject property was formerly atax-forfeit property over which the City previously had control, and there were some issues with the County in regard to resolving the paperwork. He stated that the applicant has signed an Intent to Dedicate Easement document, and provided the Council with a copy of that . document. Ericson stated that the applicant would be dedicating the easements and this would authorize the building permits in place of the easement documents, until the paperwork was completed. Council Member Marty stated that it appeared there was progress in regard to the easement for drainage. MOTION/SECOND: Marty/Thomason. To approve Resolution 5344, a Resolution Approving a Development Review for aFour-Unit Multiple Family Residential Dwelling Located at 7613- 7619 Woodlawn Drive; Planning Case No. 558-99. Ayes - 4 Nays - 0 Motion carried. J. Consideration of a Motion Authorizing the Mayor and Clerk-Administrator to Finalize the Agreement with the YMCA for Management of the Community Center, Parks and Recreation and to Execute said Agreement for and on Behalf of the City Finance Director Kessel stated that various minor changes had been made to the YMCA Agreement based upon the review by the City Attorney. He stated that there was one slight adjustment not reflected in Council's packet, relating to the YMCA use of City vehicles. He stated that the draft indicated that the YMCA agreed to maintain liability insurance for such usage, naming the City as an additional insured. He stated that this does not address the issue of 21 N:\DATA\USERSUOANB\SHARE\MINUTES\CC\1999\06-28-99.CC damage, and recommended the addition of a statement indicating that if a vehicle was damaged, the City would be reimbursed for the cost of the damage. Council Member Stigney requested clarification regarding the automatic renewal of the contract for two five-year terms. He stated that the language indicates that the contract could either be terminated or renegotiated, noting that there was no provision for amendment, even if both parties agreed to amend. He suggested the language specify that amendment of the contract was allowable. Finance Director Kessel stated that Article 8, Item B of the Agreement allows for this provision, noting that the City Attorney may wish to address the issue further. City Attorney Long stated that the issue was properly addressed in this Item, adding that notice of termination of the contract would also provide for amendment of the Agreement. Council Member Stigney stated that another concern was in regard to the duties and responsibilities of the YMCA, as specified in the Agreement. He stated that he did not see any language pertaining to the general management and operations operating within a budget. He noted that if there was a loss, the City would pay for the first $2000 and any remaining debt would be equally shared by the City and the YMCA. He stated that he would like to see terminology indicating that they would operate in a prudent and economical manner. Finance Director Kessel stated that there were three components to the Agreement. He stated that one was the operation of the Community Center, one was the operation of the recreation programming, and the third was the general administration of the recreation program. He stated that the Agreement provides that the recreation program will not operate if a project is expected to lose more than $50, unless the City approves to fund the loss. He explained that if the YMCA generated a loss of $50 and the City had not agreed to fund the remaining deficit, the YMCA would be responsible. He stated that in regard to the Community Center, the City would be paying for equipment and utilities and would, therefore, be monitoring those costs. He stated that there are provisions in place relating to the monitoring of the HBA system for efficient use. He added that the City would be responsible for the cost of the janitorial services. He stated that he believed these provisions would cover any possible deficits. Council Member Stigney stated that he had a concern regarding Article 4, Item A, regarding compensation in relation to the Consumer Price Index. He noted the third sentence, "On January 1st of subsequent years, the annual compensation and corresponding monthly payment shall increase by the Consumer Price Index," and requested the addition of the phrase "for the Twin Cities Metropolitan Area" before the comma. He stated that this would align them with the costs for living in the Metropolitan area, as opposed to those of the national Consumer Price Index. Mayor Coughlin stated that during discussion at the Work Session, they had concluded that they would leave this provision to staff's discretion. Council Member Marty stated that he was not present for discussion of that issue and felt it had merit, in that the national average varies, and the local price index was more relative to them. 22N:\DATA\USERSUOANB\SHARE\M INUTES\CCi 1999\06-28-99.CC Mayor Coughlin stated that the matter had been discussed at length, noting that Finance Director Kesel had provided extensive information on the subject. He stated that he thought it was the consent of the Council, and for the sake of continuity, that they allow staff to make this determination. Council Member Stigney stated that they could contact the AMM, to determine which Consumer Price Index they utilized. He added that the suggestion to leave the matter to the determination of staff had been suggested by Council Member Thomason, and he had not given his consent at that time. He stated that he had wanted the Council to consider the matter. He added that City Administrator Whiting had expressed to him that, in his opinion, it would be good to incorporate the Twin Cities Metropolitan area into the Agreement. Finance Director Kessel stated that the wording was the same as that in the School District contract. He stated that if Council was receptive to the idea, they could discuss the matter with the School District, the Children's Home, and the YMCA, to determine if they would all be agreeable to define the index in their respective contracts. He stated that there was concern in utilizing one index on the revenue side, and another on the expense side. Mayor Coughlin stated that he would leave the wording as is, and direct staff to discuss the matter with all parties to see if they were agreeable to amending their contracts. City Attorney Long stated that he believed this would be the proper way to proceed. i Council Member Stigney stated that he was still uncomfortable signing this contract and would like the Consumer Price Index to refer to the Twin Cities Metropolitan area. MOTION/SECOND: Marty/Thomason. To Approve the Mounds View Community Center, Parks and Recreation Management Agreement, and to Authorize the Mayor and the Clerk- Administrator to Execute said Agreement for and on behalf of the City of Mounds View, with stipulations. Ayes - 4 Nays - 0 Motion carried. K. Consideration of a Motion Approving Insurance Coverages for 1999-2000 Finance Director Kessel gave a brief overview of the Insurance Summary. He stated that insurance coverages had increased and premiums had decreased, adding that the premiums have remained approximately the same, with a slightly higher level of coverage. Chuck Clysdale, representing the Maguire Agency, stated that he and his son Matt Clysdale, also present, were part of a team charged with the service of the City of Mounds View account within their Agency, adding that the Maguire Agency had served the City of Mounds View since 1987. He stated that the City's package and liability coverages were all placed through the League of Minnesota Cities program, and that the Workers Compensation coverage was with Berkley Risk Administrators, an affiliate of the League. He stated that this was a program 23N:\DATA\USERS\JOANB\SHARE\MINUTES\CC\ 1999\06-28-99. CC designed for Minnesota cities and the City of Mounds View had participated in it for quite some time. Mr. Clysdale stated that they had reviewed the comprehensive program with Finance Director Kessel during the previous week. He stated that the overall total cost for the insurance plan was about the same as that of the previous year, in spite of several changes as far as the increase in property values, and nominal adjustments for the inflation of other buildings and personal property throughout the City. He stated that the general liability rates had decreased, in spite of an increase of expenditures projected for the upcoming year. He added that the premiums for general liability had decreased, even though the method of charging was at a higher premium base. He stated that this was also the case for the Workers Compensation rates, noting that each rate had been reduced, and that overall, the programs remained the same. He stated that the League of Minnesota Cities program was specifically designed for Minnesota cities, and that each year they broaden the coverage. He stated that this year, coverage had been increased on the golf course to $100,000, as opposed to the $60,000 coverage of the previous year. He stated that loss of revenue coverage was increased from one million dollars to five million dollars, and that the computer coverage was one million dollars. He stated that, during the previous year, the City had received a dividend on the liability and property package of $28,000, and a dividend on the Workers Compensation portion of over $11,000. He stated that the deductible on the policy was $10,000 per loss, with a $50,000 per year maximum, and that this had saved the City $38,000 this year. He stated that, in general, the City had an excellent year in regard to losses, noting only one severe loss at the golf course, and a few minor, routine losses. He stated that it • was from this standpoint that the rates had decreased, adding that the League of Minnesota Cities recognize the City of Mounds View to be an excellent risk in the areas of safety and loss. He stated that every year, the City's rates have been reduced as a result of their good operation. Council Member Marty asked if the clause regarding business income related to the golf course. Mr. Clysdale stated that this clause applied to all of the revenue producing activities of the City and in this area, the City had more coverage than they could ever conceivably require. Marty asked if they were to have damage to the golf course or a problem at the Community Center, would this coverage make up for the loss of revenue. Mr. Clysdale stated that if a loss were to occur in the height of the golfing season, the City would have coverage for the loss itself, as well as reimbursement of the lost revenue. Marty asked if this included "Acts of God." Mr. Clysdale stated that this was an all-risk policy in very broad terms. He stated that the policy does not list all the perils, but removes the exclusions. He added that all expected losses would be covered. Mr. Clysdale stated that every year the City is given a quote for an increase in liability coverage, noting that, in the past, they have opted to insure themselves under the provisions of Governmental Immunity. He stated that the current policy provided for $300,000 coverage per injury, per individual, with a $700,000 annual maximum for all losses of that nature. He stated that this provided immunity for losses in excess of that. He stated that every year, the City is given the option of increasing the coverage by one million above that, noting that the current premium is $17,000, and stated that in the past, the City of Mounds View, as most cities, has relied upon their government immunity. • i the ast. Council Member Stigney stated that he would exclude the excess habihty, as n p 24N:\DATA\USERS\JOANB\SHAREIMINUTES\CC\ 1999\06-28-99.CC Council Member Marty asked if the City had any coverage over and above that of the League of Minnesota Cities. Finance Director Kessel stated that State Statutes provide immunity from the need for additional coverage. Mr. Clysdale added that those losses have been recently confirmed with the recent terrible tragedy at the Holidazzle Parade. Mayor Coughlin thanked Mr. Clysdale for his report. MOTION/SECOND: Stigney/Thomason. To Approve Insurance Coverages for 1999-2000, with the Exclusion of Excess Liability Coverage Premium. Ayes - 4 Nays - 0 Motion carried. Mayor Coughlin stated that, at this time, they would continue consideration of Item H, concerning the Intoxicating Liquor License Renewal as it pertains to Robert's Off 10. H. Public Hearing 7:25: for Approval of Renewal of Intoxicating Liquor Licenses -Continued City Attorney Long stated that conditions could be added to the license, the typical procedure being with the consent of the applicant, and explained that the applicant could bring forth some general conditions that would meet with the objective of the Council. He stated that if the • applicant consented, they could move forward requiring a separate adverse hearing. He stated that if a motion was made in regard to the license renewal, it be subject to two stipulations. One stipulation would be that the licensee shall remain in full compliance with the City's noise control ordinances. The second stipulation would state that the licensee will implement additional noise control measures at the licensed premises, in consultation with the City, which are economically practicable. He stated that the specific conditions could be established through discussion and consultation between City staff and the applicant. Mayor Coughlin asked the applicant if he would be agreeable to these two stipulations. Gregory Waites, Manager of Robert's Off 10, stated that he would agree to discuss the issue with the City to determine a reasonable solution. He stated that his "track record" indicated he had done very well by the neighbors, adding that he was open to discussion with the neighbors to resolve the issues and to keep them happy. Mayor Coughlin asked if he would be open to assisting staff in arranging a forum by which staff, the neighbors, and he could address the issues. Mr. Waites stated that he would, as in the past. He stated that Council Member Stigney was aware that they had resolved previous issues with the neighbors, and that all parties were reasonable. Mayor Coughlin suggested they plan for staff to work with Mr. Waites and the surrounding neighbors to resolve the issues. 25N:\DATA\USERSUOANB\SHARE\MINUTESICC\ 1 999106-2 8-99.CC Council Member Marty asked if, after their discussion, the matter could come before a future Work Session, with the neighbors present. Mayor Coughlin stated that discussion of the matter • may not rise to the level of a Work Session, but certainly could be open to the public and any mdlvidual Council Members who desired to address the issue. Acting Administrator Ulrich stated that they should obtain the input of staff, and after their meeting with the owner and neighbors, have staff report back to the Council. Council Member Thomason agreed. She stated that she had a concern regarding the second stipulation, in relation to the requirement that some type of buffer be placed, which would be economically feasible. City Attorney Long stated that he would like the opportunity to research whether or not the matter was previously imposed as a condition of the license. He stated that if the specific steps were outlined through dialogue between the owner and staff, the inclusion of a condition could be added to indicate that if the owner did not act in good faith, action could be taken against the license. He stated that, in consideration of the license renewal deadline, this approach was possibly the best way to bring forward a set of measures that would be workable. Mayor Coughlin assured that the matter would come before the Council in its present membership, they would have the opportunity to revisit the issues, and discuss the reports generated by staff at a later date. S MOTION/SECOND: Thomason/Marty. To Approve the Intoxicating Liquor License Renewal for Robert's Off 10, 2400 County Road H2, with stipulations. Ayes - 4 Nays - 0 Motion carried. L. Consideration of Resolution 5347 Approving the Ninth and Tenth Rider to the Agreement with St. Paul Water Utility to Construct a Bituminous Path within the Right-of--Way on County Road I Mayor Coughlin stated that this item had been approved in regard to the Spring Lake Road re- constructionproject noting, however, that it required a formal resolution in severalty. Director of Public Works Ulrich stated that he had received the Ninth and Tenth Rider from the St. Paul Water Utility, noting that he had not been provided with the first eight Riders to date. He stated that the Ninth pertains to the Realife Cooperative's sidewalk, which would cross a small portion of the St. Paul Water Utility easement. He stated that the sidewalk would be maintained by the City. Director of Public Works Ulrich stated that the Tenth Rider was in regard to a bike/pedestrian path on County Road I. He stated that there were two stipulations in regard to the path. One stipulation was that it was subject to City approval. The second stipulation states that no heavy machinery be operated within five feet of their conduit. He stated that anything larger than a loader would probably be considered heavy equipment. 26N:\DATA\USERSVOANB\SHARE\MINUTES\CC\ 1999\06-28-99.CC • • Mayor Coughlin asked if skidloaders would be acceptable for snow removal purposes. Ulrich stated that they would, noting that the main concern in this area was construction. Director of Public Works Ulrich stated that by State law, the resolution required the signatures of all officials, noting that it was currently only tagged for the signature of the Mayor and the City Administrator. He added that City Attorney Long was presently researching the matter, but believed that this was the standard requirement. MOTION/SECOND: Marty/Stigney. To Approve Resolution No. 5347, Approving the Ninth and Tenth Rider to the Agreement with St. Paul Water Utility. Ayes - 4 Nays - 0 11. Next Council Work Session: Next Council Meeting 12. ADJOURNMENT Motion carried. Tuesday, July 6, 1999 - 7:00 PM Monday, July 12, 1999 - 7:00 PM Mayor Coughlin adjourned the meeting at 10:00 P.M. Transcribed and recorded by: Trish Pearson Timesaver Off Site Secretarial, Inc. 27N:\DATA\USERS\JOANB\SHARE\M INUTES\CC\ 1999\06-28-99.CC CITY OF MOUNDS VIEW MEETING MINUTES MONDAY, JULY 12, 1999 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Quick, Stigney, and Thomason. NOT PRESENT: None 3. APPROVAL OF AGENDA A. Monday, July 12,1999 City Council Agenda • Mayor Coughlin asked the Council if anyone would like to add items to the agenda. Mayor Coughlin requested the addition of Item 10-G, Consideration of Appointments to the Parks and Recreation Commission, to the present agenda. No additional items were considered. MOTION/SECOND: Stigney/Marty. To accept the July 12, 1999 City Council Agenda as presented with the addition of Item 10-G. Ayes - 5 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, June 28,1999 City Council Minutes Council Member Marty requested that Pageg fifth paragraph, first sentence indicate the correct spelling of the name John T eis. Council Member Marty requested a correction to Page 8, first paragraph, fourth line, to indicate "...executed June 4, 1999 with Fran and Sons," MOTION/SECOND: Marty/Thomason. To accept the June 28, 1999 City Council minutes as corrected. Ayes - 5 Nays - 0 Motion carried. 1 c:\admin\minutes\7-12-99.cc