HomeMy WebLinkAboutMinutes - 1999/08/09CITY OF MOUNDS VIEW
MEETING MINUTES
MONDAY, AUGUST 9,1999
8:00 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, August 9,1999 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-I, Discussion Regarding the Information
Request Policies of the City of Mounds View.
Council Member Marty requested clarification of Item 10-I. Mayor Coughlin stated, as per staff
. ..memorandum, there- had been a significant amount of concern and consternation over the City's
request of information policy, and the timeliness of the process.
City Administrator Whiting requested the withdrawal of Item 10-C, Right-of--Way Ordinance
No. 635, Continuation of Second Reading. He stated this item would be available for
consideration at the August 23, 1999 City Council Meeting.
MOTION/SECOND: Quick/Thomason. To accept the July 12, 1999 City Council Agenda as
presented, with the addition of Item 10-I, and the withdrawal of Item 10-C.
Ayes - 5. Nays - 0. Motion carried.
4. APPROVAL OF MINUTES
A. Monday, July 26,1999 City Council Minutes
Mayor Coughlin requested clarification of page 5, first full paragraph, second sentence to
indicate "He stated he had grown up in a strict religious background, and dancin was something
that was >Q highly touted."
Mayor Coughlin requested all inferences to "Minneapolis term limits coalition vs. Keith" be
corrected to state "Minneapolis term limits coalition vs. Keefe"
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Mayor Coughlin requested clarification of Page 23, third paragraph, Motion, to indicate
"...Supreme Court~and After Sixty Days Have Passed. the City Council Will Explore All
Avenues Available To Find Resolution of Said Inconsistencies."
Council Member Stigney requested Pages 16, 17 and 20, with reference to William Dody, be
corrected to reflect the proper spelling of his name, William Dom.
Council Member Stigney requested Page 19 which indicates the spelling of the name of
Samantha Arduna, be corrected to reflect the correct spelling of the name Samantha rduna.
MOTION/SECOND: Stigney/Thomason. To accept the June 29, 1999 City Council minutes as
corrected.
Ayes - 4 Nays - 0 Abstain -1 (Marty) Motion carried.
5. SPECIAL ORDER OF BUSINESS
None.
6. REPORTS
Council Member Stigney reported he had attended the August 4, 1999, Planning Commission
Meeting. He stated there was discussion regarding a conditional use permit application for an •
oversized garage at 2809 Woodale Drive. He stated the Commission unanimously voted not to
approve that request. He stated there was discussion concerning the request by MSP Real Estate
for an assisted living facility, and continuing discussion in regard to parking and staffing
requirements. He stated there was discussion regarding the vacation of a drainage easement for
Lots 17 and 18, Edgewood Squaze, Pinewood Circle, and there was a unanimous vote not to
vacate. He stated the public hearing for this matter was to be set pursuant to the present Council
Consent Agenda. He stated there was consideration of the proposed ordinance amending
billboard codes for PF and CRP Zoning Districts, and the ordinance was unanimously approved.
Council Member Stigney stated that further discussion occurred after the meeting, in regard to a
"flea-market" type sale of rugs at the Holiday Stationstore. He stated it had been determined that
this was the result of an oversight, and the rugs have since been removed.
Council Member Thomason had no report.
Mayor Coughlin stated he had attended non-stop meetings for quite some time. He stated he was
invited by a Ramsey County Commissioner to attend a Focus group, where discussion was held
in regard to the position of County Manager. He stated that the County Manager had accepted a
position in California, and Ramsey County was presently looking for a new manager. He stated
they had attempted to develop a comprehensive plan for the job description to allow for more
effective advertisement of the position.
Mayor Coughlin stated he had attended an I-35W Corridor Coalition meeting with Community
Development Director Jopke. He stated this was a substantial meeting, which focused distinctly
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1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Coughlin, Marty, Quick, Stigney, and Thomason.
NOT PRESENT: None
3. APPROVAL OF AGENDA
A. Monday, August 9,1999 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-I, Discussion Regarding the Information
Request Policies of the City of Mounds View.
Council Member Marty requested clarification of Item 10-I. Mayor Coughlin stated, as per staff
memorandum, there had been a significant amount of concern and consternation over the City's
request of information policy, and the timeliness of the process.
City Administrator Whiting requested the withdrawal of Item 10-C, Right-of--Way Ordinance
No. 635, Continuation of Second Reading. He stated this item would be available for
consideration at the August 23, 1999 City Council Meeting.
MOTION/SECOND: Quick/Thomason. To accept the July 12, 1999 City Council Agenda as
presented, with the addition of Item 10-I, and the withdrawal of Item 10-C.
Ayes - 5. Nays - 0. Motion carried.
4. APPROVAL OF MINUTES
A. Monday, July 26,1999 City Council Minutes
Mayor Coughlin requested clarification of page 5, first full paragraph, second sentence to
indicate "He stated he had grown up in a strict religious background, and dancin was something
that was not highly touted."
Mayor Coughlin requested alI inferences to "Minneapolis term limits coalition vs. Keith" be
corrected to state "Minneapolis term limits coalition vs. Keefe"
•
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Mayor Coughlin requested clarification of Page 23, third paragraph, Motion, to indicate
• "...Supreme Court, and After Sixty Days Have Passed. the City Council Will Explore All
Avenues Available To Find Resolution of Said Inconsistencies."
Council Member Stigney requested Pages 16, 17 and 20, with reference to William Dody, be
corrected to reflect the proper spelling of his name, William Dotv.
Council Member Stigney requested Page 19 which indicates the spelling of the name of
Samantha Arduna, be corrected to reflect the correct spelling of the name Samantha Orduna.
MOTION/SECOND: Stigney/Thomason. To accept the June 29, 1999 City Council minutes as
corrected.
Ayes - 4 Nays - 0 Abstain - 1 (Marty) Motion carried.
5. SPECIAL ORDER OF BUSINESS
None.
6. REPORTS
Council Member Stigney reported he had attended the August 4, 1999, Planning Commission
• Meeting. He stated there was discussion regarding a conditional use permit application for an
oversized garage at 2809 Woodale Drive. He stated the Commission unanimously voted not to
approve that request. He stated there was discussion concerning the request by MSP Real Estate
for an assisted living facility, and continuing discussion in regard to parking and staffing
requirements. He stated there was discussion regarding the vacation of a drainage easement for
Lots 17 and 18, Edgewood Square, Pinewood Circle, and there was a unanimous vote not to
vacate. He stated the public hearing for this matter was to be set pursuant to the present Council
Consent Agenda. He stated there was consideration of the proposed ordinance amending
billboard codes for PF and CRP Zoning Districts, and the ordinance was unanimously approved.
Council Member Stigney stated that further discussion occurred after the meeting, in regard to a
"flea-market" type sale of rugs at the Holiday Stationstore. He stated it had been determined that
this was the result of an oversight, and the rugs have since been removed.
Council Member Thomason had no report.
Mayor Coughlin stated he had attended non-stop meetings for quite some time. He stated he was
invited by a Ramsey County Commissioner to attend a Focus group, where discussion was held
in regard to the position of County Manager. He stated that the County Manager had accepted a
position in California, and Ramsey County was presently looking for a new manager. He stated
they had attempted to develop a comprehensive plan for the job description to allow for more
• effective advertisement of the position.
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Mayor Coughlin stated he had attended an I-35W Corridor Coalition meeting with Community
• Development Director Jopke. He stated this was a substantial meeting, which focused distinctly
upon certain elements of the I-35 comdor, and what could possibly be done to redevelop areas of
this corridor, including Mounds View. He stated an item brought forward by one of the meeting
facilitators was that due to the City's wide right-of--way on what is now called County Road 10,
there is some possibility of redevelopment of some of that right-of--way into additional business
parcels. He stated, however, it would require a significant undertaking and commitment by the
City and the I-35 Corridor Coalition to accomplish this. He stated the Metropolitan Council has
indicated they are willing to underwrite, by several millions of dollars, some efforts of
redevelopment within the entire corridor. He stated both he and Community Development
Director Jopke would be attending several more meetings in this regard, including an all day
lock-in meeting..
Mayor Coughlin stated that Council Member Marty had requested he fill in as liaison at the
Parks and Recreation meeting. He expressed his apologies to Council Member Marty, and
explained that, due to the back to back scheduling of the meetings he had earlier attended, he
arrived at the Parks and Recreation meeting just as they had adjourned. He stated the
Commission had sworn in three newly appointed members at that meeting.
Mayor Coughlin stated he had attended an informational meeting on Single House Legislature,
also known as Unicameral Legislature. He stated, recently the Governor had made an extensive
effort to have the Legislature consider combining the House and Senate into one group, thereby
reducing the number of people required. He stated one of the concerns in recent years, was that
more things were being done in Conference Committee than they were on the floor of the
respective bodies, and a relatively few number of individuals from the House and Senate decide
how a final bill will look. He stated there are times a final bill coming before the Governor is
radically different than how it originated. He stated it is the hope of those people pushing for a
Single House Legislature, to reduce the amount of "pork barrel" projects that are added to the
bills in the Conference Committees. He stated the information he had received at this meeting
was available for the Council Member's review, and was located on the Council/Mayoral desk in
the office.
Mayor Coughlin stated he had met with Representative Haake, and discussed wide ranging
issues, including taxes on city purchases, and the ongoing push to a legislative end to the airport
noise problems.
Mayor Coughlin stated the renaming of County Road 10 had come forward at the I-35 Corridor
Coalition meeting. He suggested renaming the road Mounds View Boulevard. He noted this
would require the acceptance of the surrounding communities. He inquired if the Council would
consider directing staff to pursue this matter, and discuss the renaming with other cities and their
administrators.
Council Member Marty stated he would be agreeable to this. Council Member Thomason stated
. she was agreeable, as long as it was not confused with Mounds View Drive. Council Member
Stigney stated he was agreeable to County 10 or Mounds View Boulevard. He noted, however,
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the road would be Mounds View Boulevard within the City, and further down the road, it would
be Coon Rapids Boulevard. He stated he would like to see some consistency, and possibly retain
the County Road 10 designation m addition to the new name. Council Member Quick stated he
would agree to this suggestion.
Mayor Coughlin stated that the City of Mounds View would be assigned a new area code, as of
January 1, 2001. He stated he believed it would be (763). He stated Mounds View is the only
City in the County of Ramsey that presently utilizes the (612) area code. He suggested the
Council direct staff to request the Public Utilities Commission consider including Mounds View
in the (651) area code, along with the rest of Ramsey County. He stated he had mentioned
retaining (612), but believed this area code would be reserved for the areas of Minneapolis and
Richfield, and did not think this would be an option.
Council Member Quick stated he would be agreeable to the (651) area code. Mayor Coughlin
stated it was the consent of the Council to direct City Administrator Whiting to research this
matter, and report his findings to the Council.
Mayor Coughlin stated, upon re-reading the Charter the prior weekend, he had come across a
stipulation, which requires the Council to read aloud all resolutions, unless they are waived by
unanimous consent of the Council. He suggested, in an attempt to acknowledge the spirit of that
clause in the Charter, and in consideration that most of these resolutions do not necessarily need
to be read aloud during the Council meeting, he would include within the Approval of the
Agenda, the Approval of the Waiving of the Readings of the resolutions presented on the agenda,
unless otherwise specified.
Council Member Quick stated he was agreeable to that.
Mayor Coughlin stated it was the consensus of the Council to direct the City Administrator to
add the appropriate verbiage to the agenda in this regard.
Council Member Marty stated he had no report.
Finance Director Kessel stated at the Work Session of the prior week, they discussed the
certification of outstanding accounts receivable and utility bills. He stated the letters would be
mailed this week, and the item would be listed on the Council Agenda within five to six weeks.
He stated there will be a public hearing on any outstanding bills, and after that public hearing, the
bills would be certified.
Planning Associate Ericson updated the Council regarding the sale of rugs at the Holiday
Stationstore. He stated the rug vendor did act in good faith, and the rug vendor was not Holiday
Stationstore. He stated the vendor had come in to the City for a Solicitation Peddlers Permit,
which is not the appropriate permit for this type of use. He stated this matter was not handled
properly within the administration, and it was staff's responsibility that the rugs were being sold
at that location. He added that, by no means was this something that Holiday Stationstore was
attempting, after the City had approved their conditional use permit. He stated the vendor did
agree to cut short his stay, and the rugs arae now gone. Council Member Thomason stated that
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the rugs had been sold at the Oasis in the past, and inquired if this was the same vendor. Planning
• Associate Ericson stated he was not aware of that.
Director of Public Works Ulrich stated, in regard to the suspension or revocation of Waste
Management of Blaine's haulers license, they had learned that another segment of Waste
Management had purchased this branch, and had been submitting the reports. He stated they had
apologized for not catching this, however, the hauler did not return any of their telephone calls. He
stated the Recycling Coordinator had been retained in the merge and did not follow through with any
of the telephone calls, although they were still routed to him, and had not made them aware of the
purchase of that company. He stated that all was well, and there would not be any action required
on this matter.
City Administrator Whiting stated he had attended several meetings, including one with the Acting
Ramsey County Manager, regarding the appropriate name for Highway 10, which is currently still
a State Highway, but will be going to the County. He stated there was discussion regarding the
issues normally associated in this type of project.
City Administrator Whiting stated he had recently attended a Golf Course Committee Meeting at
the golf course. He stated Mayor Coughlin had also attended that meeting. He stated he thought it
would be worthwhile for the Council to ,spend a Work Session reviewing the golf course operations,
the budget, and the effect of the lawsuit on the budget. He stated there were questions in these areas,
however, they had not had enough time to focus upon them. He suggested the Council schedule a
Special Work Session for the following Monday to provide for this review, and devote some time
to the subject, as it is a unique operation within the City. He stated the subject should be addressed
in a public session format, so that interested parties could attend.
Council Member Marty inquired if the matter could be reviewed at the following Work Session..
City Administrator Whiting stated that Work Session would consist of the budget discussion, and
thought this matter might require more time than that. He stated the golf course budget could
probably be addressed in a solid three-hour meeting, however, in light of the complexities of the City
budget discussion, they would probably only be able to discuss the golf course issues in fairly
general terms. He stated that was a good Work Session to commence discussion, and there would
be other Work Sessions within the month of September. He stated the questions were relatively
simple, however, experience shows there would probably be some issues that would require
additional contemplation. He stated if a Special Session was scheduled for the following Monday,
they could also address the replacement of the Housing Inspector position. He stated, if not, he
would add this discussion as a part of the budget discussion at the next Work Session on August 23.
Council Member Marty inquired how pressing the golf course issue was. City Administrator
Whiting stated the schedule with the golf course differed from other City functions, in that any
different process they might determine to undertake would be required to be known by mid-winter.
He explained when the golf course is operating, it is a seven-day per week, light beyond sundown
operation, and it is difficult to find the time to do make any necessary changes. Council Member
Marty inquired if this issue would fit into the budget discussion, or if it was a totally separate matter.
City Administrator Whiting stated this was a separately funded, and there were issues previously
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discussed, regarding long term cash flow, and issues of that nature to be considered. He stated there
• was some frustration, in that they have not been able to spend as much time as they would like with
the Council, on this particular matter. He stated, m light of the time of year, consideration of this
discussion at future Work Sessions might conflict with the general fund budget.
•
•
Mayor Coughlin stated it was the consensus of the Council to schedule a Special Work Session for
Monday, August 16, at 6:00 p.m. to address the issues regarding the golf course discussion, and to
entertain a brief discussion of the Community Development Department staffing options. He
requested City Administrator schedule the Special Session for that date.
City Administrator Whiting stated he had attended his first League of Minnesota Cities Board
Retreat meeting, where he found his role to be similar to the Mayoral role, and was enlightened
regarding its effects upon the mind. He stated this would be a one-day per month occurrence for
him.
City Attorney Riggs stated he had no report.
No further reports were considered.
7. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Approve Resolution 5358, appointing Park and Recreation Commissioners.
C. Set a public hearing for 7:05 p.m., Monday, August 23, 1999, for the
consideration of Resolution 5353, a resolution contemplating the issuance of a
conditional use permit for an over-sized garage to be located at 2809 Woodale
Drive.
D. Consideration of Pathways Construction Bids.
E. Approval of Final Plans and Specifications for the Woodcrest Park Wetland
Mitigation Project and Authorizing Advertisement for Bids.
F. Set a Public Hearing for 7:10 p.m., Monday August 23, 1999, for the
consideration of Resolution 5345, a resolution contemplating the issuance of a
conditional use permit for an assisted living senior residential facility and for
the Introduction (First Reading) of Ordinance 631, an ordinance rezoning
property located at 2670 County Road I from B-2, Limited Business, to R-4,
High Density Residential.
G. Set a Public Hearing for 7:15 p.m., Monday, August 23, 1999, for the
Introduction (First Reading) of Ordinance 638, an ordinance vacating part of
a drainage and public utility easement over Lots 17 & 18, Edgewood Square.
H. Authorization to Proceed with City Attorney for Personnel Policies Manual.
I. Contractor Licenses for Approval.
J. Set a Public Hearing for 7:20 p.m., Monday August 23, 1999, to consider
amending Chapter 202 of the Municipal Code, entitled "Public Improvements".
Mayor Coughlin asked the Council if anyone would like to remove Items for discussion.
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C~
•
Council Member Stigney requested clarification regarding Item H. Mayor Coughlin stated this item
was the result of discussion at the Work Session. He stated it had been the consensus of the Council
to authorize the final production of the personnel manuals, and to provide the City Attorney the
ability, as he was to peruse the final document, to proceed.
Council Member Stigney stated he agreed with this, however, he did not believe all comments had
been submitted for consideration at this time. He requested they make and effort to providing their
comments, prior to the final review by the City Attorney.
Council Member Stigney requested the removal of Item H from the Consent Agenda.
MOTION/SECOND: MartylThomason. To accept Items A, B, C, D, E, F, G, I, and J of the Consent
Agenda as listed.
Ayes - 5 Nays - 0
Motion carved.
Mayor Coughlin requested further comments, in regard to the policies manual, be presented to the
Council as an entirety at a Work Session, so as to provide the consent of the Council to direct the
City Attorney in the policy matter.
Council Member Stigney stated this was a good idea. He explained this was what he had intended,
and thought all the Council Members should review the personnel policies, and provide their
comments for consideration at a Work Session, prior to the City Attorney's review.
City Administrator Whiting clarified this action simply to authorize the City Council to agree to the
expense of the City Attorney's review of the matter. He stated the City Attorney would work with
the Council on all comments provided at the Work Sessions, in order to prepare the personnel
policies for Council's final approval. He stated there were several questions, yet unresolved, and
the matter is not in final form. He stated Council Member Stigney had provided various comments
over a year ago, and these would be put on the table, and be discussed between the Council Members
and City Attorney in the finalization of the matter.
Mayor Coughlin stated, in that context, he would move approval of Item H.
Council Member Stigney inquired when this would take place. City Administrator Whiting stated
this would be during the September Work Session. Council Member Stigney stated he was
agreeable to that, as long as their input is taken.
MOTION/SECOND: Coughlin/Quick. To Accept Item H of the Consent Agenda, as listed above.
Ayes - 5
Nays - 0 Motion carried.
. 8. UNFINISHED BUSINESS
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None.
THE F OR
9. RESIDENTS REQUESTS AND COMMENTS FROM LO
David Jahnke, 8428 Eastwood Road, stated he had spoken with some of the residents of the City,
regarding the tax on the utilities, which was promised to expire. He inquired if the expiration was
to occur this year.
City Administrator Whiting stated that Mr. Jahnke was referring to the franchise fee. He stated the
original franchise fee agreement was afive-year ordinance, which had expired two years prior. He
stated the last City Council had re-authorized it for one year at a time, therefore, it sunsets every
year, He stated this was to provide the City Council and the residents the opportunity to debate the
merits of the franchise fee during the budget discussion. He stated, if agreed to, this would allow
the City to either commit to the expiration of the franchise fee by early October, or make changes
to the budget to do without that source of revenue.
Mr. Jahnke stated another of his concerns was in regard to TIF. He stated the previous Council and
Mayor had conducted a study, which indicated the average income of the citizens in Mounds View
to be fairly low. He stated he had heard discussion regarding the removal of a home, and replacing
it with a $180,000 home, which would raise the taxes. He stated he felt strongly about TIF
applications to business. He stated, within his neighborhood, there were five widows, all living on
fixed incomes, who inquired if this action represented that the City was going to tear down their
houses. He inquired if the City was attempting to get rid of the middle income houses, construct
these beautiful homes, and raise the taxes, thereby driving the residents into the government housing
along Highway 10, which he so opposes. He stated he realized this example was extreme, however
did have concerns in this regard.
Mayor Coughlin stated the City's housing program is completely and utterly voluntary. He stated
it is simply a tool for those people who wish to upgrade their houses. He stated if a property was
known to be substandard, this program provided a variety of options. He stated that some
individuals have requested funds from the City through this redevelopment fund to demolish an old,
substandard house, so they could redevelop their lot and construct a nicer house upon it, and
continue to reside on that property. Mayor Coughlin stated that he had not heard anyone state that
the City would start marching through the town and drive widows from their homes.
Mr. 3ahnke stated he realized this example was extreme. He clarified, in looking at the big picture,
if the middle income houses are removed, there would be no housing available for a middle or low
income resident.
Mayor Coughlin stated this was a valid point to raise, however, he doubted that in the foreseeable
future, Mounds View would have any deficit in the area of low to moderate priced housing.
Mr. Jahnke stated that the City of Mounds View was currently 15 to 17 million dollars in debt. He
. stated, with the upcoming budget discussion, the City should review every department to determine
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how they can lower the deficit. He stated it seemed to him the departments were not looking into
this matter.
Mayor Coughlin stated the City was not running a deficit. He explained that he had debt, in the form
of a mortgage, and he was meeting that obligation, and living in it as well. He stated he took on that
debt with the knowledge that he was obtaining something in return. He stated it could be argued
whether or not previous bonding within particular sections of the budget were prudent or not,
however, the City was meeting its obligations, and was not running a deficit.
Mr. Jahnke noted that the State of Minnesota had been in debt, and they had heard their
Representative explain how they got out of debt. He stated this should be the City's goal.
Mayor Coughlin stated the State of Minnesota, in a funding authorization to provide Community
Centers for every large community within the state, had undertaken a massive amount of bonding
in order to finance that project. He stated, at the same time it is claimed the state is running a
surplus, it can also be argued they had added significantly to their bonding. He stated all levels of
government had bonds, including the federal government.
Mr. Jahnke stated his comment was in concern for awareness at the upcoming budget.
Mr. Jahnke stated he had driven along Spring Lake Road on his scooter. He stated the road was
beautiful, and the City had saved a million dollars on this project. He expressed his thanks to Mayor
• Coughlin, Mary Malerick, Chair of the Streets Policy Committee, and Representative Haake for
doing this. He stated he hoped they could convince the Director of Public Works to never put
another cement curb in the City.
Mayor Coughlin stated the Streets Policies Committee's recommendation was to leave these matters
in the hands of the residents of the neighborhoods, to determine what they consider best. He stated,
with that recommendation, the neighborhoods which wish to retain the trees, and keep the curbs out
of their communities, would certainly have the opportunity to do so.
Jolyn Vigen, 5108 Sunnyside Road, stated she was a homeowner in the City of Mounds View. She
stated she had purchased her home one year ago, and in December she had experienced a water main
break. She stated the break was located in the area from the shut-off valve to the street. She stated
that she immediately felt she should not be responsible for that repair, however, in speaking with the
utility company, Council Member Thomason, and an attorney, and in looking at the statutes, she felt
she had no recourse but to pay the bill. She stated the cost of the repair was $1,850.
Mrs. Vigen stated the Saturday before the Fourth of July, she was in her residence, a farm in Thief
River Falls, and in the process of moving to her home in Mounds View. She stated her son had
come up with a U-haul, and informed her that water was again bubbling in the same site as it had
in December. She stated she had not planned to be in Mounds View for two weeks, at that time. She
stated Director of Public Works Ulrich had informed her that it would not be satisfactory to leave
• the situation as it was for two weeks. She stated Director of Public Works Ulrich indicated he would
obtain bids and estimates on the current repair, and be in touch with her. She stated that in the
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ensuing month, the repair has not been done, the bids have not come in as expected, and she has had
some time to reflect on the situation. She stated she was not certain Mounds View was such a good
place to live at present, and they would have to convince her.
Mrs. Vigen stated Kay's Mechanical, out of Elk River, did the repair in December, on a referral from
a City employee. She stated, in trusting the City employee she went ahead with the repair by this
contractor. She stated that she had since learned that Kay's Mechanical is not licensed in Mounds
View. She stated he does not have a general contractors license from the State Department of
Commerce. She stated he did not apply for a digging permit. She stated that when he made the
repair, City staff was present, however, did not inquire if he had obtained a permit. She stated that
she had trusted City employees to send people who were reliable and responsible to do the repair.
She stated, in retrospect, Kay's Mechanical indicated the entire line was bad and needed to be
replaced, and that he had told her this at the time of the repair. She stated he did not. She stated if
this had been an ethical contractor, the entire process could have been resolved originally, rather than
resulting in the controversial situation they find themselves in at present.
Mrs. Vigen stated another issue that has arisen in her mind, is the attitude towards solving this
situation. She stated it does not appear to her that any long-term solution is being sought. She stated
these homes were approximately 25 years old, and were only going to get older. She stated that she
had wondered if the plan was to get rid of all the houses on that street. She stated hers was not the
first repair, and as closely as she can ascertain, it was probably the twelfth on that block. She
inquired how many more there would to be, and what the City would do about this situation.
• Mrs. Vi en stated that a arentl there is word out amon lumbers in the Metro olitan area that
g pP Y, g p p
Mounds View was not the place to come and do work, that there is soil incompatibility with the type
of tubing that is used, which leads to a breakdown of the pipes, and work can not be guaranteed or
warranted. She stated there was also a high water table in Mounds View. She stated she was unable
to obtain a private bid from any of the contractors she has contacted, and apparently the Director of
Public Works Ulrich was having difficulty obtaining bids from contractors who are familiar with the
area.
Mayor Coughlin inquired what Mrs. Vigen would request of the City.
Mrs. Vigen stated she was requesting that she not be held liable for this repair. She stated the
Director of Public Works Ulrich had obtained two bids, one for $3,500, with a couple thousand
dollars thrown in for water removal, and the other bid was $9,700. She suggested that there be some
effort to consider this situation in the long term. She suggested that the City crew do this work,
which would save the homeowners the dilemma and frustration of facing this situation. She stated
this would provide that materials could be tested and tried to work with the soil conditions, the
repairs would all be consistent and completed in a timely fashion. She explained that the water was
currently running down the street. She stated, in the winter, that water rapidly turned to ice, and
sanding crews had to be out, and it created a rather treacherous situation.
• Mayor Coughlin requested Director of Public Works Ulrich provide his input in this regard.
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Director of Public Works Ulrich stated he had become involved in this matter after the Public Works
foreman had spoken with Mrs. Vigen regarding the leak that had surfaced. He stated he had spoken
with her on the telephone and explained the City ordinance, whereby the homeowner is responsible
for repairs from the water main to the house. He stated he had also explained why this provision had
been established, and that the ordinance had been revised to require the City be responsible for the
repair of any impervious surface. He stated Mrs. Vigen explained that she did not have any money
for this repair.
Director of Public Works Ulrich stated that any time a resident contacts them regarding this type of
repair, whether it be sewer or water, staff provides them with a list of licensed contractors that is
available through the Community Development Department. He stated he was not aware, and found
it hard to understand it could be taken in this manner. He stated they have inspected good jobs and
bad jobs, and they are aware of what the contractors actually do. He stated staff might provide three
or four names, however, are not recommending or endorsing any particular contractor. He stated
the fact that the repair was performed without a permit or license was unknown at the time. He
stated that typically, they receive a telephone call from the contractor requesting they come out and
inspect the job, and in many cases, with the water conditions such as they are in the high water table,
this has to be done almost immediately. He stated they do require 24-hour notice, however, there
are times when they go to the site and find out the contractor does not have a permit. He stated, in
this event, they will stop the work, and make the contractor obtain a permit, and if not licensed, the
contractor is required to pay the fees and obtain a license, as well. He stated there are times they
inspect a job, as the ground is about to cave in, and if the if the contractor does not come back, the
repair is already made and out of their control.. He explained they do not always have control over
the situation, when they are required to complete the process m such an expedient manner.
Director of Public Works Ulrich stated he had explained to Mrs. Vigen, that the City does have a
clause whereby the homeowner can be specially assessed, and can petition and sign a waiver,
whereby the repairs will be paid for by the City an assessed on the homeowner's tax bill. He stated
this clause was in consideration of elderly persons, or those living on a fixed income, that are not
able to make the repair and pay for that type of improvement. He stated Mrs. Vigen declined that
option. He explained, if she did not want to make payments on an annual basis, and she was 65
years or older, the cost could be placed on a deferred assessment, as provided by the Municipal
Code. He stated, in this event, the repair would be paid for at the time the house or property
exchanged hands. He stated he explained that there would be interest accruable for that period of
time. He stated Mrs. Vigen had declined this option as well.
Director of Public Works Ulrich stated he had offered to obtain as many bids as possible for Mrs.
Vigen, and that Tim Pittman was also working in this regard. He stated he had received bids, which
Mrs. Vigen had not yet reviewed, as she has been out of town for a while. He stated he had talked
to both of these contractors, who had determined this was a complicated repair. He explained the
water main was down eleven to twelve feet. He stated that one contractor came in, of his own
volition, to determine what the job would cost him, and bored holes which indicated the water table
was at eight feet, and the entire repair will have to be de-watered.
•
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Director of Public Works Ulrich stated there was a substantial sugar maple tree, directly across the
• street, which would be lost in the course of the repair. He stated they had spoken to that property
owner and stated they would replace the tree, which is located in the boulevard, however, happens
to be in the wrong place. He stated, in his opinion, they have done as much as they can to assist Mrs.
Vigen in this situation. He stated he did not believe Mounds View had soil conditions that are
incompatible to any types of irons. He stated there were some locations, particularly along county
roads, which have "hot soils" which have corroded and eaten through the pipe. He stated they have
between three to five of these surface breaks, per year, sometimes more. He stated that a majority
of the defects are in the workmanship. He stated that if there were imperfections in the workmanship
and the flange was not made property, throughout the years, the water pressure will continue to wear
a spot in the flange, which starts as a small pinhole in the flange, and it continues to expand. He
stated, for the most part, Mounds View has sandy soils, and they have not had many problems in this
regard. He stated these situations were the reason the ordinance was revised to provide repair paid
for by the City for any impervious surface repair.
Mayor Coughlin clarified it was the present City Code, that the homeowner is responsible for the
service coming off the main and to the house. Director of Public Works Ulrich stated this was
correct, and added that the homeowner is also responsible for all of the appendages between those
points, for water and sewer lines alike.
Council Member Marty inquired regarding the definition of "hot soils." Director of Public Works
- Ulrich explained this represented an organic soil. Mayor Coughlin added it was a soil that would
affect the pH factor, relative to the metal in the ground.
Mrs. Vigen stated, in her understanding of the Code, the homeowner was not responsible to the
main, but to the street. She stated that she is being asked to pay for the repairs across the street. She
stated is seems to her that the addition of $9,700 to the cost of her home would never be recovered.
She stated she was a widow and, in regard to the waiver offered in light of her senior citizenship, she
would be paying twice for that repair. She stated that 6.5 percent interest on $9,700 is $7,205, and
with that, the principal is not even impacted. She stated she did not think this would be recovered
at the time the house was sold. She stated she could only appeal to the Council's sense of fairness
and equity in this matter. She stated this was not the first problem. She stated the first time this
occurred she decided to follow the guidance of Council Member Thomason, and what she had read
in the Charter. She stated she believed something else was being referenced in regard to her
responsibility to the water main. She stated she would have to go back and re-read the Charter.
Angela Vigen, 5108 Sunnyside Road, stated she was Mrs. Vigen's daughter. She stated, in
December, a City worker had informed her that she and her mother were responsible for the repair
from the curb to the house. She stated that being required to go across the street adds more to the
cost of the repair.
Mayor Coughlin requested Director of Public Works Ulrich confirm for the Council the present
Code, which indicates from the main to the residence. Director of Public Work Ulrich stated this
was correct, as set forth in Section 906.08.
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Mayor Coughlin stated that it was not the City's responsibility to find a contractor or to deem
whether or not they are ethical, only that they are in keeping with the Code. He stated it is
incumbent upon any resident with a problem concerning a contractor, to do research with the Better
Business Bureau, Department of Commerce and other similar agencies, in dealing with these people.
Mayor Coughlin stated there is no conspiracy to get rid of houses or to run people out of the City.
He stated if there were, it was a conspiracy hatched twenty years ago when the developers ran these
lines, and it would be their conspiracy, not the City's. He stated they would not want to tie up the
City work crews with situations like this. He stated the City crews had enough work to carry out in
regard to the maintenance of City streets and the like. He stated, in his recollection of the Code, if
the City goes any farther than to allow this to be put on a deferred tax basis, it would set a precedent.
He explained for example, that the next time his sewer line gave way, he would ask the City to come
in and pay for that. He stated they had just heard a resident request the Council to be very prudent
with its budget. He stated, in light of this, to start intervening with what is deemed by the Code to
be a residential situation, would highly impact the budget at some level. He stated he did not think
it appropriate for the City to underwrite these situations. He stated he agreed that this was a lot of
money, and a horrible situation to have to face, however, it was no different than if the transmission
went out on your car. He stated the City does not have the authority or responsibility to deal with
private property.
City Attorney Riggs stated that Director of Public Works Ulrich's statement was correct, and the
Code does indicate the homeowner is responsible for the line between the water main, and the
structure located on the property.
Mayor Coughlin stated in light of the time, he would request further discussion of the matter be held
privately between Mrs. Vigen and staff. He stated with the consent of the Council he would
recommend they maintain present City policy, and request that staff attempt to accommodate the
financial issues, as best they can. He requested that staff additionally explore any possible county
or state resources that might be available to assist Mrs. Vigen in this regard.
City Administrator Whiting offered to meet with Mrs. Vigen and Director of Public Works Director
Ulrich, to discuss options that may assist in making the situation less painful for Mrs. Vigen, at her
convenience.
Council Member Quick asked City Attorney Riggs if the seller of the house had some responsibility,
as this is a newly purchased residence.
City Attorney Riggs stated this was highly possible, depending upon the contract entered into. He
stated that many times private real estate transactions include provisions indicating that the property
is accepted "as is". He stated these concerns were out of the purview of the Council, however, this
would be worthwhile for Mrs. Vigen to investigate, in terms of the contract and any warranties
provided to her. He stated this might provide an avenue by which to recover the costs of the repair.
Director of Public Works Ulrich stated that prior Friday, they had a repair very similar to this on
Silver Lake Road, which had been inspected by the Public Works Department. He stated, at that
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time, they invited this contractor to stop by Mrs. Vigen's property and provide a bid for the repair,
in light of the difficulties Mrs. Vigen was experiencing in locating a contractor. He stated he was
currently awaiting this information. He stated they should attempt to complete this repair as soon
as possible, as the line has been leaking for three weeks. He stated the hole is getting bigger, and
they are possibly losing thousands of gallons per day.
Mayor Coughlin expressed his appreciation to Director of Public Works Ulrich for going above and
beyond what was required of him, in his efforts to coordinate and obtain bids for Mrs. Vigen. He
added that these matters were out of the purview of his job. He stated he appreciated his going the
extra mile to assist this resident.
There were no further requests or comments from the floor.
10. COUNCIL BUSINESS
A. Senator Steve Novak Legislative Wrap Up.
Senator Novak stated he appreciated the invitation to come before the Council. He stated he
attempted to do this every year at the end of the Session, to provide a review of the Legislative
Session, and to answer any questions the Council or anyone else might have regarding the results
of the session in relation to state and local issues.
• Senator Novak reported that the state of the state is "pretty darn good." He added this comes from
someone who has watched state budgets come and go for many years. He stated this was based upon
the traditional barometers utilized to gauge the state's economy, the budget, the tax policy, and so
forth. He stated that he does not know of a time that was better, and that this was part of a three-year
trend in that direction.
Senator Novak stated most Minnesotans, depending upon where they work, and how they receive
their paychecks, had probably noticed a change in their withholding tables. He stated this reflects
the permanent tax cut, which probably received less discussion than the rebate, however, has the
more significant impact going forward over time, because it is permanent. He stated all three rates
in the income tax system of the state were cut significantly, and the result of that is permanent tax
relief.
Senator Novak stated, within the next week to ten days, the question he had heard since last fall,
regarding when the rebate check will arrive, will finally be answered. He stated this would happen
sometime before the end of the month of August. He stated this was always the schedule of the
rebate, although it had become somewhat confusing at times. He stated this matter is governed by
the practical application of revenue department computers, than it is by any grand scheme or a
particular campaign promise. He stated the rebate represents the same amount of money as the
permanent tax cut, which is approximately 1.2 billion dollars. He stated the difference is significant
in that the rebate is one-time money coming in, and one-time money going out in the form of a
rebate. He stated this is the third rebate within the last three years. He stated the first two rebates
were related to the property tax, and this rebate is related to sales and income tax tables. He stated
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it would be significant by anybody's measurement. He stated average rebates will be in the range
• of $700 to $1,500, depending upon the size of family, expenditures, and so forth. He stated some
could be as low as $500 and some could be as high as $5,000, however, on average across the state,
for a couple of million taxpayers it will be approximately $1,000.
Senator Novak stated approximately 1.2 billion dollars in permanent expenditures has been made
in the area of K-12 education funding. He stated the Mounds View School District 621, will benefit
from this significantly, as will all school districts in the state on the (perfutifully?)formula which
is the uniform payment by the state to school districts throughout Minnesota. He stated there were
a variety of special factors in the formula, based upon the way school districts are constituted, and
how their tax base is structured. He stated that Mounds View would also benefit from this.
Senator Novak stated the Legislature had gone into this year facing a significant deficit, and will
come out of the year essentially in balance. He stated they are moving forward, which is a very
positive thing.
Senator Novak reported he was involved directly in a number of issues that affected the local area,
and one of these has statewide significance. He stated it was a rare opportunity to be involved in
what he would calla "Mega-Project," which relates to the significant expansion of Medtronic in the
neighboring community of Fridley, which would dominate the north suburban skyline for the next
generation. He stated this expansion would lead directly to the doubling of employment in
Minnesota by Medtronic of 4-8,000 jobs. He stated the average wages would be $55,000 per job.
He stated this was significant hi-tech growth, presented by a local company, which they are all
familiar with, that has grown to worldwide stature. He stated Medtronic had options to relocate,
however, chose to stay, not only m Mlnnesota, but also m the northern suburbs. He stated rt took
several changes in law to put this package together. He stated this involved the extension of the
existing TIF Districts in Fridley, as well as special changes in law related to the environment in
regard to the impact upon Moore Lake. He stated, additionally, there were changes in law related
to the Department of Transportation and freeway exit and entry ramps, and a coordinated effort in
conjunction with the Ventura Administration, the Republican House and the Democratic Senate.
He stated this represented the best of what can happen with combinations of political philosophies
all understanding the importance of making some changes to allow a major project to go forward.
He stated that many will benefit from this directly, however, it is clearly a project of the scope of half
a dozen projects he could recall in 25 years with the state, in terms of public policy combining with
the private sector to go forward.
Senator Novak stated they would see some increases in local government aid formulas in terms of
the state's relationship to all levels of local governments; cities, counties and schools, and a variety
of special factors related to the metropolitan area. He stated this was a significant Legislative Session
by any historical standard, and one that all Minnesotans can feel good about. He stated all
Minnesotans will benefit from personally, directly, and collectively, in terms of the communities
across the state, as well as in regard to state public policy, in terms of continuing a coordinated bi-
partisan, now tri-partisan effort to position Minnesota's economy for the 21S` Century.
•
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Council Member Marty stated he had never met Senator Novak, however, would like to express his
personal thanks and appreciation to the Senator for his assistance with the airport issue, which is
something that is near and dear to the hearts of many of the residents of Mounds View.
Senator Novak stated he appreciated Council Member Marty's comment very much. He added that
he was going to bring this matter up, if no one else did, and begin by thanking Mayor Coughlin, City
staff, and particularly City Administrator Whiting and others he had worked with on this issue for
many years. He stated they had applied themselves very constructively to the matter. He stated he
had worked with Mayor Coughlin and various delegations of people from Mounds View, as well as
Representative Haake from Mounds View on this issue, as he had with previous House members of
both political parties.
Senator Novak stated this was a bi-partisan issue, and an issue of real interest and concern to the
community. He stated it continues to amaze him how difficult it is to "get their arms around this,"
and come to a final conclusion, because over the years, they have had significant successes that
indicated they had finally resolved the matter.. He stated that almost twenty years prior, Holman
Field in St. Paul, and the military, had attempted to move the helicopter base to the area. He stated
they all united and worked very hard with the National Guard and others who went to Washington,
and gained permanent resolution to that issue. He stated he thought they were all glad that this
change did not take place. He stated that 12 to 15 years prior, they were faced with the same issue
they are currently addressing, which was the issue of noise and flight patterns. He stated, after years
of negotiations, they were successful in moving the runway a mile north, and this appeared to
alleviate the problem at that time. He stated the issue is back, due to a variety of reasons, which
include the consolidation of metropolitan agencies. He explained that the Metropolitan Airport
Commission is no longer totally independent, and the Metropolitan Council has also been
intervening to some degree. He added that the review of the Metropolitan plans, which take place
automatically every ten years, has brought some of these issues back.
Senator Novak stated he believed they had a lot of good people that were negotiating in good faith.
He complimented the Mayor, the Council and the staff for their hard work on this issue. He stated
he has been working hard on it, and hoping they come to a resolution that is satisfactory to everyone.
He stated they did have legislation introduced, which was passed through the committees, and had
attempted to negotiate directly with the Metropolitan Airport Commission regarding the issue. He
stated it has been frustrating at times, however, they are staying with it, and he hopes they will come
to an agreement that will satisfy everyone involved.
Mayor Coughlin expressed his thanks to Senator Novak for handling himself with calm and grace,
in the midst of the relatively tense discussion. He stated the issues involved are very passionate on
all sides. He stated he was very impressed and proud to have had the opportunity to sit next to the
Senator in the Committee meeting, and testify to his bill. He stated he had also had the opportunity
to discuss the issue privately in the Senator's office, and attempt to negotiate a compromise to
prevent the expenditure of millions of taxpayer dollars to continue to fight this year after year. He
reiterated his thanks and appreciation to Senator Novak for his efforts, adding it was a valiant effort
on his part, and that he hoped, during the next session, they could come to an equitable resolution
•
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Senator Novak stated he appreciated those comments, noting that these were complicated issues, and
life was not as simple in the Legislature as some people might think. He stated everyone has a point
of view on everything these days, and an open forum m which to explain and describe rt. He stated
working through all of that is not always simple, however, he thought they have a lot of the facts and
history on their side, and was hoping that in the end, they will find a way to resolve the issue in a
manner acceptable to the public.
Council Member Stigney expressed his personal thanks and appreciation to Senator Novak for the
efforts he had made on their behalf with the airport issue, and hoped he would continue this during
the next Legislative Session as well.
Mayor Coughlin inquired regarding the status of the sales tax on City purchases. Senator Novak
stated that at the moment, it was status quo. He stated that over the years he has served on the Tax
Committee, and there have been very few years that he did not vote for the tax bill. He stated one
of these was the year that provision was included in the tax bill. He stated it was part of a deal that
was supposed to bring other revenues, in the form of dedicated sales tax revenues and local aid to
the cities. He stated that deal was not honored for more than a year, and in exchange for that they
have ended up with the sales tax on city purchases, which, in his opinion, is a tax on a tax. He
stated, as will many things in government, once it occurs, it seems to be very difficult to change.
He stated it is placed on the books as an expenditure, and it appears to be in tens of millions of
dollars, and the process of eliminating this particular provision is not so glamorous, nor does it strike
so close to home, as a rebate does. He stated it has become somewhat of a philosophical struggle,
and an ongoing issue, which does come up publicly in the Committee discussion. He stated people
do attempt to address it, but they have not been successful m changing it at this point m time. He
stated the direct answer to Mayor Coughlin's question is that the tax on city purchases is still there,
and still being debated, however, it is yet to be resolved.
Mayor Coughlin clarified for the residents that this is a provision that requires cities to pay sales tax
on purchases. He stated the residents are taxed to fund the City, and out of those funds purchases
are made, upon which a state tax is applied. He stated there has been some effort to eliminate that
tax on city purchases, which would essentially reduce the cost of local government.
Senator Novak stated that it had occurred to him that they have an entire generation of Legislators
who have never had to vote for a tax increase. He stated, however, about ten years ago they were
in one of the cycles where the state was in deficit. He stated it took about a decade to recover from
the depths of the recession, and the budgetary crisis in Minnesota during the early 1980's. He stated
that at this time, the state completely lost its credit rating and at one point did not have enough
money to pay its employees. He stated, out of all this, from the Perpich administration and through
the Carlson administration, and Legislatures of both parties, they have gradually developed a fiscal
strategy and a program that has led to not only regaining the credit rating, but a triple A credit rating.
He stated this has led to the tax cuts and other changes that most people view to be very positive.
However, at that period of time, there were a number of things done to raise money to help stop the
"bleeding" at the state level, and the cities paid the price on that particular issue. He stated he agreed
• that this should be corrected.
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City Administrator Whiting stated that he was familiar with other City Managers and Council
• Members who, upon reviewing these activities, were concerned with the anti-city attitude that
appears to have developed wrthm the Legislature. He inquired if Senator Novak would speak to this
issue.
Senator Novak stated that this was not his personal view and that he thought local and municipal
government was probably the most effective government, and "the best buy for the buck, with the
exception of the legislature." He stated, however, he had heard this expressed by others including
Legislators. He stated that over a continuum of 10 to 20 years, going back particularly to the Perpich
years, there had been some changes in law. He stated one of these was changes was that the salaries
of all local government officials would be frozen at a level no higher than the governor's salary. He
stated this seemed to particularly pose a problem for school districts and the hiring of school
superintendents, and the districts became pretty creative in working around this.
Senator Novak stated what many people do not seem to understand about the state budget, is exactly
where the state dollars are spent. He stated he thought there was a perception on a segment of the
public, that the vast majority of state dollars collected in state income taxes are spent to pay the
salaries of state employees performing state functions, for example, the Department of Natural
Resources official, the Department of Transportation highway worker, or the Health and Human
Services social worker. He stated that the reality of this is over the last 25 years the percentage of
the state budget that is actually spent on the salaries and benefits of state employees has shrunk
significantly as a percentage of the state budget, and at present is approximately 12 percent.
•
Senator Novak stated the vast ma~onty of state dollars that are collected and spent, are spent on
formulas that direct money back to local governments, principally school districts, counties, and
cities. He stated the rest of the dollars that generally make up the budgets of local governments are
those levied locally through the property tax. He stated that combination of these state general fund
dollars and local property tax dollars, along with fees, make up the budgets of local government.
He stated, in some people's view, the real growth in government, highly opposes in the 1980's and
1990's, was at the local level, not the state level, and yet, much of the "heat" for this was being taken
at the state level.
Senator Novak stated this began to play out in campaigns, largely inaccurate, in terms of people
defending themselves against attacks on "big government" and what that really meant, and where
the growth of government really was. He stated that most objective studies of that period of time
indicated there was substantial growth in the number of employees at local levels of government,
and not significant growth in the numbers of actual state employees. He stated this data for that
comes from the United States Department of Labor and various other national collecting points. He
stated he thought, out of that data, came attention that developed particularly with the first state
budget crises.
Senator Novak stated that the state's word had always been good, in terms of its relationship to local
government, and oftentimes the state's promises were high, however, were kept. He noted the
increase in state aid to public schools by 20 percent in the 1970's. He stated this was part of the
Minnesota Miracle, when they shifted from property tax to income tax and were later criticized for
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big budget surpluses. He stated that property taxes were relatively low, and the state was pumping
money into local governments at significant rates.
Senator Novak stated this all changed radically in the 1980's, when there was a reaction against the
income tax, which was really priming the pump. He stated, however, people valued how these
dollars were spent through state budgets, and that had to be restricted also. He stated that out of a
combination of these, came some natural tensions between different levels of governments, and the
interactions between governmental units. He stated he believed this was how this happened, as a
transition in terms of a historical period of time, and relationships of one level of government to
another.
Senator Novak stated he thought this situation was getting better, and hoped that continues. He
stated that all local levels of government are creatures of state government, and ideally all here to
serve the same people. He stated they have different functions, but they all represent the same
collective group of people in different combinations of jurisdictions. He stated their ability to
coordinate their efforts, and get the best "bang for the buck," and deliver the most effective services
for the least amount of money is what they all should be there to do. He stated he believed they all
attempt to do this, however, the different philosophies and approaches on how they direct their
efforts and sometimes result in conflict, which is why there are elections. He stated he thought this
sentiment does exist, however, has lessened from its high point, and hopes they are moving forward
in a positive way.
Council Member Thomason stated she would echo Council Member Marty and Council Member
Stigney's praises for Senator Novak's efforts in working with them on the Airport Legislation. She
stated she looked forward to his continued effort.
Senator Novak stated he appreciated the opportunity to work with the City of Mounds View. He
stated he presently represented five different cities in the northern suburbs, and continued to be very
proud of the north suburban area, and its ranking with the rest of the state. He stated that one of the
real indicators of how well they were doing, was the level of voter participation. He stated they had
an exceptional situation the prior year, with the election of Governor Ventura bringing out many new
voters. He stated, historically, in the northern suburbs, the percentage of voters is extraordinarily
high in comparison to the rest of the state. He stated, in addition, this area has polled its citizens to
obtain their views regarding local governments, and the quality of life that they enjoy. He stated
consistently, across the north suburban area, the people have indicated they have a high quality of
life, and feel very well served by their different levels of government.
Senator Novak stated he thought they should continue to work hard together, have their partisan
battles if necessary, which he believes are very small in comparison to a much wider array of issues
that they work on collectively in a bi-partisan manner. He stated if there is any message to be drawn
from the last election, it is that people want government to get things done. He stated they wanted
practical solutions to problems, a little less rhetoric, and a lot more action. He stated the more they
could work together, the better off they would be.
•
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Mayor Coughlin reiterated his thanks to Senator Novak for taking time out of his busy schedule to
come before the Council. He stated it had been an honor to work with him and he looked forward
to working with him m the future.
Senator Novak stated he was more than happy to come to Mounds View to report. He stated he had
been doing this for many years, and he enjoyed it.
B. Resolution No. 5356 Regarding Council Approval to Participate as a member
of the Anoka County-Blaine Airport Advisory Commission By-Laws and Call
for Board Applicants.
Mayor Coughlin stated this item had been discussed at the Council Work Session. He stated the
Council had been provided a copy of the by-laws, and this resolution essentially approved them as
presented, and authorizes staff to post in the newspaper a call for applicants of anyone who is
interested in applying to the Commission. He stated staff would generate an application form.
MOTION/SECOND: Marty/Thomason. To Approve Resolution No. 5356, a Resolution Approving
the City of Mounds View's Participation as a Representative Member of the Newly Formed Anoka
County-Blaine Airport Advisory Commission and Authorization to Seek Applicants for
Appointment to the Commission.
Ayes - 5 Nays - 0 Motion carried.
t
Council Member Marty inquired if they could waive the reading of this resolution.
Mayor Coughlin requested that all further resolutions before the Council that evening, have their
readings waived, unless specifically requested otherwise by the Council.
MOTION/SECOND: Coughlin/Thomason. To Waive the Readings of All Further Resolutions
Before the Council that Evening, Unless Specifically Requested by the Council.
Ayes - 5 Nays - 0 Motion carried.
C. Right of Way Ordinance No. 635, Continuation of Second Reading.
This Item was withdrawn at the request of the City Administrator.
D. Consideration of Resolution No. 5357, Adopting Streets Committee
Recommendations for Future Reconstruction projects.
Mayor Coughlin stated that Mary Malerick, Chair of the Streets Policies Committee was present,
and any questions regarding this issue could be directed to her.
Mary Malerick, Chair of the Streets Policies Committee, stated she would like to reiterate her
support for the recommendations. She stated that the recommendations do not provide a new agenda
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for road reconstruction, rather they broaden the existing agenda. She stated that Director of Public
Works Ulrich and the previous Council were limited in regard to what they could offer the residents,
and these recommendations provided more options, and made the entire process much smoother.
•
Mayor Coughlin requested, with the consent of the motioner and seconder, to add as a
recommendation or specify in these policies, that in the discussion of the 18-36 months of discussion
on a project prior to it officially coming before the Council for action, that in addition to Best Water
Management Practices and others, an explanation of MSA funding and its options, and potential
variances be included.
Council Member Marty stated he would agree to this.
Council Member Stigney stated he would agree to this.
Chair Malerick stated she thought this would be a good addition.
MOTION/SECOND: Marty/Stigney. To Approve Resolution No. 5357, a Resolution Adopting the
Streets Committee Recommendations for Future Reconstruction Projects, and to Add as a
Recommendation or Specify in These Policies that In the Discussion of the 18-36 Months of
Discussion on a Project Prior to It Officially Coming Before the Council for Action, that In Addition
to Best Water Management Practices and Others, an Explanation of MSA Funding and Its Options
and Potential Variances Be Included, as Amended.
Ayes - 4
Nays - 1 (Quick) Motion carned.
E. Resolution No. 5355, Approving/Denying Action for the Pleasant View
Drive/TH 10 Signal Survey.
•
Director of Public Works Ulrich stated this discussion was in consideration of Resolution 5355, a
resolution approving the construction of a traffic signal at the intersection of Pleasant View Drive,
and Ramsey County Road 10. He stated this item was discussed at the last Council meeting, and a
survey had been sent out to the residents inquiring if they were in favor of this traffic signal. He
stated the results of the survey indicated 29 in favor, and 16 opposed.
Director of Public Works Ulrich stated staff had contacted the City Administrator of Spring Lake
Park, who indicated the plans had not changed from the previously drawn plans. He stated there was
a plan presently before the Council, and described each area, and what it represented. He stated staff
had one concern in regard to this proposal, which was the location of the island on Pleasant View
Drive, and southbound traffic directed toward the intersection. He stated the concern was in regard
to whether or not there was enough room between the north and south or east and west portion of
the road, or if the traffic was intended to go around that island. He stated staff would require
additional clarification of this matter.
Director of Public Works Ulrich stated the funding of this project was approximately 12.5 percent,
and it was estimated that it would cost the City of Mounds View approximately $16,500 for their
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participation in the traffic signal only. He stated there was some right-of--way purchase, and some
additional bituminous in the geometry of the intersection and the design. He stated, when he was
at the meeting he had indicated if the city of Spring Lake Park wanted this, they should provide for
the cost, and if the City of Mounds View should provide for the cost of traffic signal only.
Director of Public Works Ulrich stated that this resolution does support and approve the construction
of that traffic signal. He stated it also identifies the funding source of Mounds View's MSA account.
Council Member Marty stated the survey indicates two to one residents in favor of the traffic signal,
and he would base his determination on this information.
Mayor Coughlin stated, with respect for the residents input, he lived just one street from the
proposed site, he tends to drive to Red Oak Drive when going south on County Road 10, and meets
up with the signal at that location in order to access County Road 10. He stated, in recognition of his
own nature, he would probably attempt to cut through Pleasant View Drive, a less traveled roadway,
in order to speed his travel to County Road 10, if he were heading eastbound on that road. He stated
he had significant concerns regarding traffic flow, and the impact to that particular neighborhood,
and therefore, would be opposing this measure. He added that he believed there were other options
that could be considered, which would accommodate the same resolution of problems.
Council Member Stigney stated he believed this would assist in access to County Road 10, and some
of the benefit to Mounds View would be in the form of improved access from the Fire Station. He
stated some question was raised regarding moving it further to the west, however, he thought it was
too close to the other intersection in that area. He stated that he was in favor of the proposal.
Council Member Quick stated there were also considerable changes further up the road, that would
alleviate some of the problems with Sunset Drive. He stated the proposal would also change some
of the flow in and around the trailer court. He stated that overall, this would improve the situation
on County Road 10. He stated that the current reception to this proposal was 100 percent more in
favor than was indicated previously.
Director of Public Works Ulrich stated that a more detailed plan was available for the Council's
review. He stated the reason this proposal was presently at this stage, was that they had received
some Hazard Reduction money that had been applied for from the Department of Transportation,
and this project was finally coming to the drawing board, and appears it will be constructed in 2000.
He stated it was correct that the Anoka County Road, or Sunset, will no longer access County Road
10, and will be somewhat of a frontage road for the businesses along the highway, and back through.
the trailer court. He stated this would involve the vacation of some land in that area, and will create
another access to Pleasant View Drive on the south side.
Council Member Stigney noted an error in the third paragraph of the resolution which states "the
City will utilized," and requested a correction to indicate "the City will utilize."
• Council Member Thomason stated that she travels that stretch of road on a daily basis. She stated
she agreed the proposal would help with the Fire Station access. She stated, however, further down
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the line, there is so much congestion at the intersection of Sunset Drive, she believed it was "an
accident waiting to happen." She stated she did not see how this would help the matter, and was not
in favor of utilizing the City's MSA funds for the proposal.
MOTION/SECOND: Quick/Marty. To Approve Resolution No. 5355, a Resolution Supporting and
Approving the Construction of a Traffic Signal at the Intersection of Pleasant View Drive and
Ramsey County Road 10.
Ayes - 3 Nays - 2 (Coughlin, Thomason) Motion carried.
F. Request to reconsider Resolution 5349, a Resolution approved on July 26,1999,
to allow for an automobile rental facility to operate at 2975 Highway 10.
Planning Associate Ericson stated that this was a late addition to the Agenda, and a copy of the Staff
Report had been provided for Council's consideration. He stated, at the City Council meeting on
July 26, the Council approved a conditional use permit for Thrifty Car Rental to operate a car rental
facility at 2975 Highway 10. He stated, at that meeting, a stipulation had been added to the
resolution, which prohibits panel trucks, recreational vehicles and trailers from being parked upon
the lot. He stated the applicant, who was not present at the meeting was requesting reconsideration
of this stipulation.
Ericson stated that staff consulted with the City Attorney, who indicated if it were the Council's
• desire to reconsider this, or to at least reconsider the resolution, not necessarily to drop the provision,
but to simply reconsider this, rt would require a public hearing. He stated the Council has two
options. One is to deny the applicant's request for an amendment to the resolution, and the other is
to move to reconsider the matter, and direct staff to set the required public hearing dates, mail
notification to the residents, and send the notice for publication to the newspaper. He stated, if the
Council desires to take the second option, staff would request the applicant be responsible for the
costs involved, and to pay that amount in advance.
Ericson stated that the applicant was present. He stated he had provided pictures of the type of
vehicles the applicant was proposing.
Council Member Marty stated the resolution includes the stipulation prohibits panel trucks,
recreational vehicles, and trailers. He inquired if the applicant was proposing to rent the panel
trucks, as represented in the pictures the Council was provided.
Dave Besonen, representative of Thrifty Car Rental, stated their business does not consist of the
rental of recreational vehicles or trailers, and the concern was in regard to panel trucks. He inquired
regarding the definition of panel trucks. He stated they had provided pictures of what they called
"box trucks," which are not the 24-foot trucks that are rented by Rider and U-Haul, and no special
license is required to drive them. He stated this was the largest vehicle their facility rents. He stated
they rent 10-foot cargo vans, which are approximately one half the size of the vehicles represented
• in the pictures. He stated they also rent 15 and 12-passenger vans, which have the same wheelbase
as the 10-foot cargo vans.
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Mr. Besonen stated he believed the main concern was in regard to the 15-foot box trucks. He stated
• their business has several offices in the Twin Cities area, and these vehicles are moving constantly.
He stated that one might be parked on the lot for a day or two. He stated they might have two on the
lot one day, and none for a week straight.
Mayor Coughlin stated procedurally, to reconsider a vote, a motion and second would be required
of the individuals previously voting in favor of the resolution. He noted it was a unanimous vote of
the Council at that point, and any member of the Council could move to reconsider.
Council Member Stigney stated he would move to deny an amendment to Resolution 5349.
Council Member Marty inquired if this would allow them to have rental vehicles, just not the box
trucks. Council Member Stigney clarified the only thing that would not be allowed would be panel
trucks, recreational vehicles, and trailers.
Council Member Stigney stated that he was attempting to prevent the situation at the Rent-All
facility, where they have Rider trucks, panel or U-Haul trucks for rent. He stated to start that on the
other side of the City was not what he was interested in. He stated he had seen the trucks and the
extended vans. He noted he did not prohibit the extended vans, although he does not particularly
approve of these either. However, the panel trucks were a stipulation that he brought forth. He
stated he did not mind the rental of vehicles at the location, but the rental of panel trucks was
something he opposed.
•
Mr. Besonen stated he had noticed Steve s Appliance, located one block away from their business,
presently had five 15-foot box trucks on their lot. He stated he did not know if the concern was in
regard to the rental of these vehicles, or having them sit at the location. He stated these vehicles
would help the residents of Mounds View and the surrounding areas with their moving needs. He
stated it was difficult to locate box trucks for this purpose at the end of the month..
Mayor Coughlin stated he saw this as an important function of this particular business, and he would
not be opposed to reconsidering the matter, simply to allow the business to maximize its
effectiveness in the community, and to refrain from micro-managing a particular business. He stated
that all of the City Codes and regulations do this to some degree, however, he will be opposed to the
motion to deny.
Council Member Stigney stated that Steve's Appliance had been at their location for many years,
and it was within a different zoning district than the applicant's business. He stated the applicant
had requested a conditional use permit, which provides for stipulations. He stated that he had
requested this stipulation because he did not think it would be desirable to have the panel trucks
along the Highway 10 Corridor. He reiterated he had no objection to the car rental business, but the
truck rental business was not something he would support.
Council Member Marty inquired regarding the size of the lot, and how many vehicles would be
parked on the lot.
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Mr. Besonen stated the lot was approximately 1.6 acres, and the maximum number of vehicles on
the lot would be 23. He stated he was the manager of the business, and was not in the business of
having the vehicles srttmg on the lot.
MOTION/SECOND: Stigney/Marty. To Deny Reconsideration of Resolution 5349.
Ayes - 3 Nays - 2 (Coughlin, Quick) Motion carried.
G. Consideration of Resolution No. 5359 Accepting Jurisdictional Transfer of
Ramsey County Road I.
Director of Public Works Ulrich stated before the Council was Resolution 5359, a resolution
accepting jurisdictional transfer of Ramsey County Road I from West County Line to Silver Lake
Rod from Ramsey County. He stated this road is currently being recycled and overlaid. He stated,
when this project is completed, it would complete the jurisdictional transfer, pursuant to legislative
action in 1991. He stated this resolution would transfer the authority of that road from Ramsey
County to the City of Mounds View.
Director of Public Works Ulrich stated the resolution indicates that through legislation, the cities are
allowed to take the additional turnback mileage and add it to their MSA system, above the 20 percent
they are currently allotted, and that this is somewhat of a unique situation. He stated the resolution
that follows this would revoke the current MSA status, and the road would be added back as a
• turnback. He stated this matter was before Council during the Spring Lake Road/County Road I,
mformational meetmgs, and was not acted upon at that time. He explamed that the reason for this
resolution is to accept this as a turnback, and use the existing .6 mileage somewhere else in the
system, should it be applicable and warranted. He stated this would allow a window of opportunity
in the future, should the City choose to utilize that designation and maximize the allotment. He
stated, if they do not, they will lose the turnback option, and it will stay an MSA road. He noted that
staff had contacted the state in regard to this, and the state had indicated this was allowed.
Council Member Marty inquired if the road has to be redone in the next 20 to 25 years, and they
keep the MSA funding, could the state come in and impose whatever regulations or stipulations
were in place at the time, or could the MSA be declined..
Director of Public Works Ulrich stated there are currently three standards for MSA, which are 26,
32, and 38 feet wide, with parking restrictions on some. He stated, in his understanding, through
discussions with the City Engineer, as long as they do not request any MSA funds on an MSA road
for any type of improvement, there is no penalty. He stated they will utilize general fund dollars or
assessment dollars, before anything will be done with that road again. He stated that as long they
are not requesting state aid funds, and submitting a plan for any type of overlay or reconstruction,
they would not be required to do any state project on that road.
Mayor Coughlin stated the stipulation he had added to the Street Policies Committee
• recommendations, was to insure this entire process also be discussed in the 18 to 36 month period
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of discussion of the matter prior to Council's action. He stated this was to provide an understanding
of the particular standards and the implications of those at that time.
Mayor Coughlin stated, in light of its relativity to the current discussion, and with consent of the
Council, he would request Director of Public Works Ulrich also address Resolution 5192, a
resolution revoking Municipal State Aid Street Status, the next item on the present agenda.
Director of Public Works Ulrich stated he was aware this matter had not been previously acted upon,
and therefore reviewed the file from the previous proposal. He stated he had in his research he had
encountered Resolution 5110, which was adopted by the Council on Apri128, 1997, in conjunction
with the turnback on Spring Lake Road. He stated this was the same procedure the Council was
presently considering. He stated when the County turns a road back to them, they adopt a resolution
accepting the turnback, and simultaneously adopt a resolution to establish an MSA street, and the
turnback thereof, pursuant to the turnback language. He stated, throughout the 18 to 20 months they
have been going through this process, staff and the consultants had forgotten about this. He stated
in lieu of requesting certification of the system, they did not know if Council would like to add the
two roads to the MSA system, knowing certain current standards would not be met during the
certification process. He stated that would prolong the certification process. He stated, in staff"s
opinion, there are other MSA streets in the City that would not meet the certification standards, and
would have to be upgraded to some extent in the future so the requirement can be met.
Director of Public Works Ulrich stated they are presently receiving approximately $330,000 in state
• aid, of which some $80,000 is given to the City in maintenance checks to be utilized on the MSA
streets, as well as where the City deems necessary. He stated the portion of construction funds they
would be allowed to utilize is only a percentage of the current $230,000 they would receive if they
were to have the total system certified.
Director of Public Works Ulrich stated Resolution 5110, had been sent to MNdot and was accepted,
however, the MSA system has other requirements whereby municipal state aid, county state aid, and
state highways that make up the system must all be interconnected. He stated the holding point on
this interconnection from the Commissioner's standpoint, was that a section of this road was missing
from state designation, and that is Spring Lake Road, a section from Hillview to Trunk Highway 10.
He stated the city of Spring Lake Park owns this section as a turnback. He stated there were issues
beyond that, and that Spring Lake Park wanted to hold off on designating that portion of the road
MSA, until some other matters were resolved, and those appeared to be resolved at this time. He
stated he had requested they submit this section of Spring Lake Road for state aid approval, and that
the MSA status would then be forwarded to their City Council.
Mary Malerick requested they do not designate the roads MSA. She stated that when she was a
member of the Streets Policies Committee, they looked at different ways the City could pay for road
reconstruction, and that was when they discovered the certification process. She stated that what this
means is that when all of the MSA roads are up to standard, the City can begin to utilize some of
those funds for off-system roads for reconstruction. She stated she had contacted MSA that date,
• and they had indicated, if the system had been certified the prior year, they could be using $200,000
this, and every year, off-system. She stated if Spring Lake Road is designated as an MSA road, they
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would be locking themselves out of the money for off-system, simply because it does not meet MSA
• standards. She stated certification means all the roads are brought up to standard. She stated she did
not believe they would grant a variance for the 1.49- mile stretch of road. She requested the Council
consider this. She stated she would like to see the City leave all their options open, and be able to
utilize the money that is available to them in the future.
Council Member Stigney stated he had some questions at the last Work Session, and it was his
understanding that there is some confusion with the some of the residents who seem to think, if they
designate this road MSA, they must install curbs, gutters and sidewalks. He stated even during the
reconstruction period, possibly 25 years from now, it would still not require curb, gutter, and
sidewalk. He stated it would be strictly up to the residents at that time, to determine what funding
source they chose to utilize, and if they chose to use MSA funds for the reconstruction at that time,
it would have to meet the current standard.
Council Member Stigney stated another matter for consideration was the monies coming in for this
segment of road, which is currently a construction allotment of $18,980 per year. He stated, over
a period of 25 years, this would accrue to an amount of $474,500. He stated there was an additional
$5,700 per year for maintenance that could be used anywhere in the City, not only the MSA roads,
and that amount would accrue to $142,500 over the same period of time.
Director of Public Works Ulrich stated this was a correct and complete summary of the matter. He
stated it would be very similar to the situation at Groveland Road, which is an MSA street, and is
not up to standard because it does not have current curb and gutter. He stated if they went into
Groveland Road, and did a recycle and overlay, knowing they would not be granted MSA funds,
they would not request them, and would pay for this from somewhere within the existing City funds.
He stated the sidewalk plan had been put in place by the Sidewalk Task Force, and outlined
numerous areas they identified location in the City where sidewalks or trails should be placed and
that was what they had based this on. He stated that sidewalks and trails are MSA qualified, and no
one in the City is assessed for these. He stated that is why they are particularly identified in the
MSA streets. He stated many of the MSA streets segment the City in somewhat logical
designations, so that the sidewalks would have some trail use and logic to them, and some do not.
Director of Public Works Ulrich stated another issue in the near future, was Groveland Road, Red
Oak Drive and Highway 10, all possibly state aid roads, and all in close proximity to each other. He
stated the discussion was in regard to which or all of these should have sidewalks. He stated that this
does not presuppose that if you live on an MSA street, you are going to have a sidewalk.
Council Member Stigney clarified that the MSA designation provides the choice for the project that
will support funding for the project. He stated deeming a road an MSA system road, does not mean
anything except that the money is being accrued for use or not, and this would be determined by the
people who reside on that road. He stated this was the same stipulation that Mayor Coughlin had
included in the street Committee's report. He stated this money could accrue, and be used for traffic
. lights, and MSA roads. He stated the maintenance funds could also be utilized for any roads in the
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City. He stated there are some sizeable amounts being considered, and he thought this would be the
way to go.
Mayor Coughlin requested a motion to extend the meeting for no more than one-half hour.
MOTION/SECOND: Quick/Stigney. To Extend the Council Meeting For No More Than and Up
To One-half Hour.
Ayes - 5 Nays - 1 (Coughlin) Motion carried.
Mayor Coughlin stated it was his understanding that, until the entire MSA system is certified, the
maintenance dollars can not be utilized on any road, except a designated MSA road.
Director of Public Works stated that the maintenance dollars could be used anywhere. He stated,
theoretically, they are for the maintenance of the MSA roads. He stated they would be for the seal
coating, and every MSA road does not require seal coating every year. He stated they do striping,
plowing, and patching, but they do not seal coat every year, therefore, some of that money is also
put into the street construction fund for capital, and utilized on any roads that require it. He stated,
while this is a decision that would probably have to be lived with forever, County Road I was
currently an MSA road, and would maintain the City's certification for quite some time. He stated
that another street might not. He stated there maybe some variances that might be allowed on other
streets to bring them closer to the standard, but they were considering two roads that have just
. undergone extensive reconstruction that they hoped would last for a very long time.
Mayor Coughlin inquired if the resolution contained a stipulation indicating that the segment of
County Road I would be added as an MSA status turnback. Director of Public Works Ulrich stated
it did.
Mayor Coughlin stated he had some misgivings regarding the addition of these roads to the MSA
system for the same reasons the Chair of the Streets Policies Committee had indicated. He stated
he was concerned in regard to the certification of the road, although he would acknowledge the road
had just been redone and would probably last for some time to come.
MOTION/SECOND: Quick/Marty. To Approve Resolution No.5359, a Resolution Accepting
Jurisdictional Transfer of County Road I from West County Line to Silver Lake Road From Ramsey
County.
Ayes - 4 Nays - 1 (Coughlin) Motion carried.
H. Consideration of Resolution No. 5192, Revoking a Municipal State Aid Street.
This item was discussed in conjunction with the previous item.
• MOTION/SECOND: Quick/Stigney To Approve Resolution No. 5192, a Resolution Revoking
Municipal State Aid Street.
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Council Member Quick stated that when these streets were replaced, he would venture that 95
percent of the people living in Mounds View today would not be there. He stated attitudes, ideas,
and concerns could be greatly altered.
Council Member Stigney stated he agreed. He stated at this point in time, the residents on Spring
Lake Road, and County Road I, preferred to have their road done without MSA standards, however
25 years from now, this might completely change. He added that this does not lock the City into
anything in his understanding, rather, it allows for the choice. He stated he believed that choice
should be given to the residents at that time. He stated in the meantime, it would accrue a large mass
of money, which can be utilized for maintenance and construction of other roads.
Mayor Coughlin stated for the record, he was opposed to the Municipal State Aid status of Spring
Lake Road.
I. Discussion Regarding the Information Request Policies of the City of Mounds
View.
Mayor Coughlin stated Council had been provided, as an addition to their packet, a staff report in
regard to a set of situations, involving a particular resident and Commission Member requesting
information from the City. He stated this matter had been discussed at a Council Retreat with Carl
Neu.
• Mayor Coughlin stated the situation had arisen wherein an individual requested information in a very
hasty manner, and did not hke the way the request was handled. He stated, this mdividual contacted
a Council Member who made the request for them, thereby circumventing a set policy of the City,
which is, in his opinion, wrong. He stated that if a staff member did an "end run" around a policy,
they would be "hung out to dry." He stated he had added this item to the agenda, as he desired to
not only reiterate the present policy, which was essentially to set up some form of order to the City
in regard to the handling of these matters, and who sets the priorities of the City. He stated one of
the elements of his campaign was, in as much as a government entity can be run as a business, he
desired it be run as a business. He stated a person with a title or a resident who demands information
immediately, and goes around set policies for charging for the associated costs, runs the risk of
anarchy at City Hall.
Mayor Coughlin stated that the City Administrator had indicated he was resigned to the issue, and
when there is a demand for information from the City, the policy be to set all else aside, and provide
that information. Mayor Coughlin inquired what happens when the next person, three minutes later,
demands their information. He inquired if the priorities of staff would once again be shifted,
therefore nothing would be accomplished. He stated, in his opinion, some form of working policy
should be set in the interim until the matter was resolved. He stated, once this policy is set, the entire
Council, will be in keeping with Section 6 of the Charter, first sentence, "This Council as a body will
carry out the administration of the City." He stated that it is not incumbent upon one Council
Member, or a minority of Council Members to dictate authority, or to unilaterally decide what
. policies can or can not be enforced.
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Mayor Coughlin stated that he would request consideration of an information request form, very
similar to the form the present Council has at its disposal to maintain order and civility. He stated
the residents would request items m writing, so that they can be documented according to data
practices law within the state. He stated the City Administrator would direct the information request
form to staff, and a response would be given no later than five working days after the receipt of that
particular request. He stated any costs associated with the request, would be presented and paid for
accordingly. He stated members of boards, commissions, committees including the Council, would
request any information regarding the next meeting through the chair or staff liaisons of those
bodies. He stated the Council would direct their requests through the City Administrator. He added
if any information requested was not directly in regard to an item being considered at the next
meeting, that request would be presented to the entire board, commission or Council for
consideration. He stated that this would assist in preventing individuals from attempting to set
policy for the City. He stated the data practices act provides that anyone could request information
from the City. He stated that he was attempting to set some form of order to this situation. He stated
at worst, they could triage the problem, and at best, they provide an orderly dissemination of
information. He stated for example, if the Finance Director was working on an element of the
budget, and was required to waylay the entire process, in order to deal with a particular request that
same day, he would considered this to be circumventing the will of the Council. He stated he
believed the five working day period should also pertain to the Council. He stated any board
member or Council Member who has concern regarding this process could appeal to the City
Administrator and/or the City Council.
• Mayor Coughlin stated that the fee schedule was last updated in 1996. He requested the Council
direct the Finance Director and staff to update the fee schedule, as per inflation rates, and any other
things that may have changed since that time.
Council Member Quick inquired if Mayor Couoghlin was making a motion. Mayor Coughlin stated
that he was.
Council Member Stigney requested clarification of the motion.
Mayor Coughlin stated he would direct the City Administrator and staff to create an information
request form to be at the front desk at City Hall, so that any and all residents of the City, requesting
written information from the City, have it documented and tracked by the City, and that the City
would then respond within five working days of the request. He explained this does not necessarily
mean the request would be competed in five days. He explained, for instance, a request for
personnel information was restricted information. He stated this would be to get a response to the
request, and in most cases, obtaining the information requested. He stated furthermore, all boards,
commissions, committees, and the Council would direct all requests for information through their
staff liaisons, or the City Administrator in the case of a Council Member's request. He stated this
would be for information pertaining to the next meeting. He stated, in regard to any additional
information, it would be incumbent upon the board or commission member to bring the request
forward to that entire group for discussion to determine if it was the will of that board or group to
move forward with that request, thereby stemming off at least some of the requests which may
require thousands of dollars worth of staff time to research, and a considerable sum just in raw
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product in paper and copy machine toner. Furthermore, if any board member, commissioner or
• Council Member feels that their request was not addressed properly, they can appeal to the City
Administrator or the Council to determine if the response was adequate or proper. Furthermore, to
direct staff to update the fee schedule to reflect inflation and other issues that have come up, since
the 1996 fee schedule was set.
Council Member Stigney stated he agreed wholeheartedly that Mayor Coughlin was attempting to
resolve something that he perceived to be a real problem. He stated that Mayor Coughlin had not
been a party to what transpired, and in his opinion, was overreacting. He stated that he does not
completely agree with the way the Finance Director reported the situation. He stated this was his
opinion, and that he was the Council Member involved in it.
Council Member Stigney stated, at the retreat, he had brought forward the problem the Chairperson
of the Charter Commission was experiencing in obtaining information. He stated the Charter
Commission members voted unanimously among themselves to request documentation required by
the Charter Commission members, and to have the Chairperson be the access to obtain that
information as required for the Charter Commission's action. He stated there was a question
regarding who would pay for what, and if the Charter Commission should be charged, or if the
Chairperson should be charged out of her pocket and reimbursed by the City, and that question was
really not answered.
Council Member Stigney stated this matter had to do with City business, in terms of Charter
• business, and obtaining information from the City. He stated in this particular instance, it had to do
with a TIF document which was dated late December of 1998. He stated this document was
supposed to be available, and it finally became available. He stated that the Chairperson of the
Charter Commission was of the understanding that she had the approval of the City Administrator
to obtain that information, when it came available. He stated, as it happened, she requested it a day
or two after it had come in, and the Finance Director was not willing to respond to that request unless
the City Administrator was present to approve it.
Mayor Coughlin stated that he did not wish to have anyone impugned, and that was why he had not
used Council Member Stigney's name. Council Member Stigney stated he had no problem using
his name. He stated he believed Mayor Coughlin did not understand the circumstances. He stated
that the Charter Chair thought she had approval. He stated he did not know if this was or was not
the case. He stated that she could not obtain the document and there was a need for it within a short
period of time. He stated he had called the Finance Director and inquired if he could request that
document as a Councilperson. He stated he did not demand the document be provided immediately.
He stated the Finance Director inquired how soon he would like to have the document, and he had
indicated that he would like to have it as soon as he could get it. He stated the Finance director
indicated that he had meetings to attend. Council Member Stigney stated he told the Finance
Director if he could get the document before he went to his meeting that would be fine, however, to
call and let him know, rather than have him come to City Hall at 2:00 p.m.
•
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Council Member Stigney stated that as a Council Member he requested a document. He inquired
if, as was his understanding of Mayor Coughlin's motion, he could not request a document from the
City unless he obtained prior Council approval.
Mayor Coughlin stated this was correct, if the document that is being requested was not specifically
germane to an upcoming meeting, the request should be brought before the Council.
Council Member Stigney stated that he totally disagreed with this. He stated he was an elected
official, and if he desired to have access to any document in the City for whatever purpose, whether
for the next meeting, next year's meeting, or whatever purpose he deems necessary, he views it
within his purview as an elected official to request that document from the City. He added he
expects to get it, unless it, for some reason is an extremely long document, however, any normal
document that he requests in his business as a Council Member he believes he should have access
to.
Mayor Coughlin stated that this was circumventing the will of this Council and the policy set forth
by the City.
Council Member Stigney stated that he totally disagreed with this. He stated, in his opinion, this
particular document should have automatically been provided to the entire Council as soon as it
became available. He stated it was a TIF financing document that was compiled and completed at
the end of 1998. He reiterated that as soon as this document came available the Council should have
• had it.
Mayor Coughlin inquired if all documents that come to the City should therefore be immediately
provided to Council Members. Council Member Stigney stated, in light of the upcoming budget
discussion, he thought this was a primary concern document. Mayor Coughlin inquired who was
to determine what is a primary concern document. Council Member Stigney stated, as he had
requested it, he has obviously determined it was a primary concern. He stated that if the Charter
Chair requested it, she had determined it is a primary concern.
Mayor Coughlin stated that they must set some priorities. He noted the Council has set aside some
agenda items, as they have deemed other things more important. He stated if there are only a certain
number of staff hours in the day, and if a good deal of those are tied up in looking for particular
items such as this, it reduces the amount of staff time left to do the will of the full Council. He stated
he was not denying that the information could be requested, however, there needs to be a policy in
place. He stated that nobody on the Council should come in as a maverick and order things to be
done. He stated if you hear objections from a particular resident, it is incumbent upon the Council
and its membership to inform them that they can request the information, however, they must
recognize that there is going to be some lead time required. He stated the will of the Council should
be primary.
Council Member Stigney stated that Mayor Coughlin was overreacting to a matter of which he had
• no first hand knowledge. Mayor Coughlin stated this was in regard to taxpayer's money that is being
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•
•
spent in staff time and materials, and that he was desperately attempting to keep that spending to a
minimum.
Council Member Stigney stated he understood what the Mayor was trying to do. He stated that he
was attempting to prevent something, which in his view, has not occurred. He stated that he had not
demanded anything. He stated Mayor Coughlin was referring to someone coming in and demanding
information immediately. He asked Finance Director Kessel if he had demanded anything.
Finance Director Kessel stated that Council Member Stigney's request, as he understood it, was that
he wanted to come down immediately and get the document. Council Member Stigney stated this
was correct, he would like to, if he could. He stated that Finance Director Kessel indicated it was
not available at that time, and he inquired when it could be available. He stated this was a relatively
simple request and he did not demand anything. He stated he had never demanded anything out of
a time frame from this staff at any time. He stated that he had made requests, and assumed in a
timely manner they would be accommodated. He stated his comment to Finance Director Kessel
indicated, if the document was not available presently, and he thought it could be available before
2:00 p.m., he would prefer he call so that he wouldn't come there at 2:00 to find out it was not
available. He stated that as far as what preceded this, in regard to the Charter Chair and Finance
Director Kessel, he was not aware.
Mayor Coughlin stated it would require a motion of the Council to extend the meeting at this point,
or all further discussion gets carried over to the next meeting.
MOTION/SECOND: Quick/Coughhn. To Extend the Meeting of the City Council.
Ayes - 4 Nays - 1 (Thomason) Motion carried.
MOTION/SECOND: Quick/Marty. To Move the Question on the Information Request Form, and
Close the Debate.
Ayes - 4 Nays - 1 (Stigney) Motion carried.
MOTION/SECOND: Coughlin/Quick. To Direct the City Administrator and Staff to Create an
Information Request Form to Be At the Front Desk At City Hall, So that Any and All Residents of
the City Requesting Written Information From the City, Have the Request Documented and Tracked
By the City, and That the City Would then Respond Within Five Working days of the Request.
Furthermore, All Board, Commission, and Committee Members Direct All Requests For Information
Through Their Liaisons, and the Council Direct Their Requests Through the City Administrator for
Any Information Pertaining to the Next Scheduled Meeting, and For Any Additional Information,
It Would Be Incumbent Upon the Board, Commission, or Committee Members to Bring The
Request Up to the Entire Group for Discussion To Determine If It Was the Will of that Board or
Group to Move Forward With That Request. Furthermore, If Any Board, Commission, Committee,
Or the Council Feels that Their request Was Not Properly Addressed, They Can Appeal to the City
Administrator, Or the Council To Determine If the Response Was Adequate and Proper.
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•
Furthermore, To Direct Staff to Update the Fee Schedule To Reflect Inflation and Other Issues that
Have Come Up Since the 1996 Fee Schedule Was Set.
Ayes - 4 Nays - 1 (Stigney) Motion carried.
MOTION/SECOND: Quick/Thomason. To Adjourn the Meeting at 10:33 P.M.
Ayes - 5
11. Next Council Work Session:
Next Council Meeting
Nays - 0
Monday, August 16, 1999 - 6:00 PM
Monday, August 23, 1999 - 7:00 PM
Motion carried.
Transcribed and recorded by:
Trish Pearson
Timesaver Off Site Secretarial, Inc.
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