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HomeMy WebLinkAboutMinutes - 1999/09/13PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting ` ,r ~ 4`,'" September 13,1999 w ~' ~~ ~~ ~ ~° Mounds View City Hall ~• 2401 Highway 10, Mounds View, MN 55112 7:02 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney and Thomason. NOT PRESENT: Quick. 3. APPROVAL OF AGENDA A. Monday, September 13, 1999, City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. City Administrator Whiting requested the addition of 10 A-1, Second Reading of Ordinance 630, which had been inadvertently omitted from the present agenda. City Administrator Whiting explained Item 0, the Authorization of an Interfund Advance from the Special Projects Fund to the golf course, had been discussed with the City's Bond Attorney, and suggested the ensuing information be brought forward to the Council, prior to Council Business. Mayor Coughlin requested Item 0 be removed from the present agenda, and discussed during the consideration of Reports. MOTION/SECOND: Thomason/Stigney. To Accept the September 13, 1999 City Council Agenda as Presented, with the Addition of Item 10 A-1, Second Reading of Ordinance 630, the Withdrawal of Item 0, and Waiving the Readings of All Resolutions and Ordinances Presently Under Consideration, Unless Otherwise Specified By the Council. Ayes - 4 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, August 23,1999, City Council Minutes Mayor Coughlin requested a correction to Page 5, end of second paragraph, to include the sentence "Mayor Coughlin noted that it was the consensus of the Council to pursue the scheduling of a discussion group for possible Highway 10 redevelopment options." 1 minutes09/13/99;cc Mounds View City Council September 13, 1999 Regular Meeting Page 2 Mayor Coughlin requested all references to Bill Varner on Pages 10 through 12, be corrected to indicate the spelling of the name "Bill Werner." Mayor Coughlin requested the vote tally on Page 25 be corrected to indicate "Ayes -3, Nays - 0." Council Member Stigney requested a correction to Page 5, first paragraph, first sentence, to indicate "...incorporating the City of Mounds View in the (65l) area code..." MOTION/SECOND: Stigney/Marty. To accept the August 23, 1999 City Council minutes as corrected. Ayes - 3 Nays - 0 Abstain - 1 (Thomason) Motion carried. 5. SPECIAL ORDER OF BUSINESS None. 6. REPORTS Council Member Marty reported the Park and Recreation Commission had requested he bring before the Council a request to approach Ramsey County to examine relocating the compost site, • from Ardan Park to the golf course. He stated Golf Course Superintendent John Hammerschmidt had suggested this previously, in light of the amount of the compost utilized by the golf course. He stated this would provide that the compost site was accessible to the golf course, and there is sufficient room for this. He noted they had also discussed the reclamation of Ardan Park as a park area. He explained they did not feel the residents in the area would be opposed to the removal of the brush and compost from the area. He commented that Ramsey County would have the final. word on this matter. Mayor Coughlin inquired if Council Member Marty would request this matter be discussed at an upcoming Work Session. Council Member Marty stated he would. Mayor Coughlin stated it was the consensus of the Council to add this item to the agenda for discussion at an upcoming Work Session. Council Member Marty noted discussion regarding retro-fitting the park bleachers at City Hall and Greenfield Park would be considered during the next meeting of the Park and Recreation Commission, in order to bring these into compliance with the new State Statutes. Council Member Marty stated the Park and Recreation Commission was presently obtaining bids for the volleyball court lighting fixtures. He informed the Council that the pathway along a portion of Silver Lake Road and Silver View Pond had been completed, and they had done a very good job. He commented he and his children had visited the site the prior evening, and there were many visitors present. Mounds View City Council September 13, 1999 Regular Meeting Page 3 Council Member Marty stated the project of upgrading the drinking fountains in some of the parks had been approved to proceed, and the two half-court basketball courts at the Community Center have been completed, and are open for public use. Council Member Marty reported he had attended a meeting with Northwest Youth and Family Services, however, he had not received further information concerning their possible expansion into Anoka County. He noted Director Kay Andrews had indicated she would approach Anoka County in this regard, and further information should be available by their next monthly meeting. Council Member Marty stated they had requested that the cities they represent post their facility, which is available to the community, on the City's web page, to provide them with additional exposure. Mayor Coughlin stated he believed Planning Associate Ericson would be pleased to do this. Mayor Coughlin reported he had attended a meeting with the I-35W Corridor Coalition, which is a collective of the cities that surround the north section of I-35W who are attempting to coordinate their efforts for future redevelopment. He stated they had discussed a variety of issues, including the upcoming meeting on October 6, at 5:30 p.m., during which they would discuss the redevelopment plans and potential presented. He requested the Council Members seriously consider attending this meeting, adding that the Metropolitan Council would be present, and, to his knowledge, this body has never before met in an official meeting outside of their chambers. Mayor Coughlin stated the I-35W Corridor Coalition has caught the attention of the Metropolitan Council through a variety of computer information and the global information system. He commented regarding a compact disk containing satellite views and zoning, now available on computer, which information had been culled from the collective work of the various cities involved in the I-35W Corridor Coalition. Mayor Coughlin commented that the Metropolitan Council was looking for an opportunity to significantly fund some of the redevelopment efforts in the Metropolitan community, and the I- 35W Corridor Coalition stands out as one of organizations that could be substantially funded through their sizable budget. He stated this would be a good opportunity to attend on behalf of the City of Mounds View, and show that the City does stand in support of this organization. Mayor Coughlin stated that a regional meeting with the League of Minnesota Cities would be held on Thursday in the New Brighton Family Service Center. He stated he was planning to attend this meeting, and encouraged the Council Members to attend as well. He remarked that this was a good way to touch base with some of the people who represent the City with this body. He noted that Representative Haake would be present, and would likely be one of the featured speakers. Council Member Thomason stated she had no report. Council Member Stigney reported he had not been able to attend the Planning Commission meeting on September 1, as he had was out of town, however, he had reviewed the meeting on videotape. He noted consideration of a variance request fora 44-foot driveway at 8359 Red Oak Drive. He stated the majority of the evening was the discussion of the location of a screen fence Mounds View City Council September 13, 1999 Regular Meeting Page 4 at the Theater property, and some question as to whether or not it was required at the site, in light of the office building. Council Member Stigney reported he had attended the Charter Commission meeting, during which they considered their response to the request of the City Council regarding some changes to the Charter. He stated the changes were reviewed in some detail, and a response had been formulated. He noted some questions had been raised regarding what was being requested, and this matter would be coming forward to the Council. Council Member Stigney noted the newsletter "Council Directions Provided by the Metropolitan Council," which indicated the Metropolitan Council had reduced the sewer rate charges to cities for disposing of the sewage, by approximately seven percent this year. He stated he had not previously heard anything in this regard, and inquired if the reduction had been passed on to the City of Mounds View, and if so, why was the Council not apprised of it. Mayor Coughlin stated he had discussed this matter, that date, with the Public Works Director, and he believed this was one of the items that would be brought forward amidst other discussions of various rates and fees for sewer and water. Council Member Stigney inquired if the rate reduction pertained to the entire year, or was just recently put into effect. Mayor Coughlin stated this was just recently effective, however, he was uncertain if this had been done since the Metropolitan Council had been newly seated. Council Member Stigney requested further clarification of this matter, adding that the Mounds View residents were currently paying a $47.00 flat rate, per quarter. Mayor Coughlin stated the matter would be brought forward to the Public Works Director. Finance Director Kessel commented there had been a number of changes in this regard. He stated that the Metropolitan Council previously took the readings for water usage and billed for this the following year. He explained this was changed to bring them current, and now they are billing monthly instead of quarterly. He noted the rate did go down, however, what they are paid is dependent upon how much water goes through their system, therefore, if the water usage is up, the rate goes up as well. He explained that although the residents pay the same amount per year, the amount the City pays the Metropolitan Council fluctuates, based upon the number of gallons of water they pump. He stated this matter would be addressed during the budget discussion. Council Member Stigney inquired if this rate reduction was effective as of the first of the year. Finance Director Kessel stated this was correct. Council Member Stigney stated, as a Council Member, he questioned why he was not informed of the rate reduction, and had to learn of it through the Metropolitan Council's newsletter. He • stated this made him unhappy. Finance Director Kessel stated this was a matter of knowing what information the Council desires, so staff may provide it. Mounds View City Council September 13, 1999 Regular Meeting Page 5 Council Member Stigney stated this was a matter of communication, and such information should be provided to the Council Members who represent the residents of the City. Finance Director Kessel stated once they are aware of the information, they can forward it to the Council. He explained, however, the City has numerous contracts whose rates consistently fluctuate, and if the Council desired to know when those rates change the information could be forwarded. Council Member Stigney stated he wanted to know whenever rates change which affect what the residents pay for services in the City. He stated if there is a rate reduction for what is being charged for actual services, or monies directed to a fund to be maintained, this information should be conveyed to the Council. He stated the Council should make the decision that this be passed on to the residents, and in which form. Finance Director Kessel reiterated that staff receives numerous reports and budgets and inquired which contracts Council Member Stigney would like to be informed of, in regard to rate changes. He stated every contract within the City affects taxes. He explained if the Council desired to be informed when there was a change in gas rates at the gas pumps that information could be forwarded as well. He remarked that there should be some materiality to this request. Council Member Stigney reiterated he was very unhappy to have learned about this in a memorandum he received as a Council Member, and to find out several months after the fact, • that a reduction had been made to the sewer rates, for which they are collecting money from the residents of the City. He stated as a Council Member, he believed he should be notified of these matters, and any others that affect the rates being charged to the residents. Finance Director Kessel stated the reduction was just one component of this matter, and what they are charged is based upon the water that goes through the system. He explained that if the usage increases, and the rates decrease, they could still be required to pay the Metropolitan Council more than they did the previous year. Council Member Stigney stated he understood this, and this was the reason he would like to see that the rates are based upon actual metered water usage, rather than flat rates. Mayor Coughlin stated this was a point well made. He reiterated he had discussed this matter with the Public Works Director, that date, and suggested Council Member Stigney rely on the knowledge that this matter would be brought forward, in conjunction with a variety of similar issues, at the next Work Session. Finance Director Kessel reported that the City's bulletin board had become inoperable approximately one month prior. He explained this was an older, computer based system, and staff had attempted to locate a vendor in the metropolitan area to service the system, and had found one who indicated the cost to determine the problem would be approximately $600, and could provide no guarantee that it was repairable. • Finance Director Kessel stated new software could be obtained for less that $1,000, and he thought this would be a more prudent approach. He explained they had rented a system for two weeks until the software arrived, and the software was installed last week. He stated the bulletin Mounds View City Council September 13, 1999 Regular Meeting Page 6 board should be operable, and in time, additional pages will be added. He commented this • system provides the capability for a number of pages and pictures, and if there is any information the Council would like to see included on the board, they can contact the City Administrator, the cable television producer, or himself, and they would attempt to do this. Mayor Coughlin commented the bulletin board looked very good. He stated Patrick Toth, the cable technician had shown him some of the capabilities of the system and he was very impressed. He noted it was quite timely that they were researching a new system at the time the old system failed, and providence had worked in their favor. Finance Director Kessel noted the Council had requested to obtain standards for televising cable cast meetings. He reported the Cable Commission would be meeting the following day, to finalize those standards, and they will be presented to the Council at the Work Session on September 20. He stated the camera utilized for videos, whether for screen shots from the podium, or for connecting to the computers, could not be connected to the system. He noted that three months prior, staff had rented a system for a presentation, and were considering purchasing this system, at this time. He stated this matter would likely be addressed to the Cable Commission at the meeting as well. He commented that it was hoped they could have a system in place to utilize for the upcoming budget presentations. He added that this system was portable, and could be used for other meetings in other facilities. Finance Director Kessel stated they have commenced the purchase of laptop computers for the Council Members. He stated two Council Members have received their computers, and one in on order, and should be available the following week. He suggested interested Council Members contact City Administrator Whrtmg or himself, and they would attempt to provide them with a computer, as soon as possible. City Administrator Whiting reported staff had received notification that the meeting held by the Metropolitan Council in August, concerning the allowable decibel levels in the developments surrounding airports was not well attended. He noted Representative Haake had attended the meeting, however, due to poor noticing on the part of the Metropolitan Council, they have scheduled a second meeting to be held in Fridley on October 13th. He indicated the time and location of the meeting would be brought forward to the Council at a future meeting. City Administrator Whiting stated a meeting was held that afternoon, regarding the golf course issues, including future cash flow, the ability to meet the requirements of the operations, and debt obligations. He explained at the previous Work Session, they had discussed some form of an interfund loan to assist the golf course through periods when it would not be able to meet those obligations, based upon the projections provided by staff. He stated one of the suggestions was to borrow from the Special Projects Funds, and to utilize some form of Council action to guarantee its repayment. He explained after further examination, they considered the option of a different fund, and essentially attempting to keep that action as far removed from the General Fund as possible. He indicated they had consulted an attorney from Briggs and Morgan, who had done the bond work for the golf course, as well a majority of the TIF agreements, regarding whether or not they could utilize tax increment funds for this purpose. He commented the . attorney advised this would probably not be the case. He indicated, however, there are some provisions that have come forward through the Legislature and the State Auditor's Office, which may suggest that some of the TIF funds could be accounted for in a manner which would relieve Mounds View City Council September 13, 1999 Regular Meeting Page 7 them of some of the restrictions they typically assume exist with TIF. He noted that this matter required further research. City Administrator Whiting suggested that if the Council is interested in reviewing this option, staff be directed to conduct the research in time for the Work Session next week, and revisit the issue at that time. He reiterated the purpose of this would be to remove this loan as far from the General Fund as possible, and hence, remove any tax liability which may occur in that regard, which was indicated as a concern during previous discussion. Finance Director Kessel stated the TIF Districts will expire in the years 2013 through 2015. He explained at point, unless some other mechanism comes forward, or some other TIF District is created, the funding sources for any economic development activities, housing replacement programs, etc, will cease to exist. He noted in light of this, many cities attempt to set up revolving loan funds, and various permanent funding sources to provide they can continue to proceed with they types of projects. He explained that they could set up an economic development fund, restricting the money to economic development, and therefore, when the TIF Districts expire, there would be some means to continue with these projects. He commented this was a matter worth pursuing, as once the TIF Districts expire, further funds can not be expended from them, and any funds that they do have would require to be paid back to the County for redistribution. He stated this appeared to be a valuable tool for the Council in the future. City Administrator Whiting stated he believed this matter was worthy of further investigation, if the City desired to pursue along-term economic development program. He stated this option would provide some flexibility in regard to what is eligible in terms of non-economic or development issues as well. He stated it would be worthwhile to spend some time on this matter, and postpone making a decision as it is proposed on the present agenda. Mayor Coughlin stated he had also attended the meeting, and concurred that this option was worthy of further discussion at the next Work Session. City Administrator Whiting stated that over the years, the Metropolitan Council has done much to curb the cost of metropolitan sewer treatment. He stated he would encourage the Council Members who are interested in this issue to attend the meetings that have been held to determine new efficiencies in this area. He stated he was not aware that all of the comments have been passed along to the member cities as a cost savings, or if there was any particular notice to the City of Mounds View regarding the rates. He stated he was uncertain if there was anything in the article Council Member Stigney referred to, that specifically targeted the City of Mounds View. He commented that one of the successes of the Metropolitan Waste District, is their ability to bring under control some of the costs that have not been previously monitored. City Administrator Whiting commented that he and Council Member Stigney had discussed the issue of changing the method of calculation of the sewer rates to a user based formula, a month earlier. He stated at that time, he had suggested this was an appropriate issue to bring forward during the budget discussion in the fall, at which time, they would be more aware of the related funds and expenses. . Mayor Coughlin welcomed City Attorney Long back from his vacation. Mounds View City Council September 13, 1999 Regular Meeting Page 8 City Attorney Long thanked Mayor Coughlin, and commented regarding the signage changes on • County 10. Mayor Coughlin informed City Attorney Long that the Council has requested discussion of the name change and the possible redevelopment of County 10 in the future. He stated there had been considerable difficulty in giving directions to people in light of the new signage. City Administrator Whiting stated one of the projects he had undertaken was to discuss the old Highway 10 with the City Administrator from Spring Lake Park and the City Manager from Blaine, and inquire if they had noticed any changes in regard to traffic levels on that road. He stated that some business owners and residents had commented in this regard, and had not noticed anything in particular. He added they did not appear to consider Highway 10 to be one of the main focuses of transportation within their community. He advised, therefore, if there was interest in this regard in Mounds View, it should be brought forward and discussed. He explained that if anything were to happen, he would think they would have to work on the issue, which may go beyond a name change. He stated the City's stretch of Highway 10 through the community is not the primary focus of the I-35W Corridor Coalition, however, it may be for the Council, Planning Commission and the residents, and it would be helpful to determine what options and interests the people have. Mayor Coughlin noted that at the last Council meeting, they had planned to set up a meeting for discussion, and a focus group comprised of interested parties to address these issues, before the matter is further underway. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Set a Public Hearing for 7:05 p.m., September 27, 1999, to Consider Resolution 5366, a Resolution Contemplating the Issuance of a Conditional Use Permit for an Over-sized Garage at 8011 Sunnyside Road. C. Set a Public Hearing for 7:10 p.m., September 27, 1999, to Consider Resolution 5369 Certifying Delinquent Accounts to the Associated Property's Property Taxes. D. Licenses for Approval. Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. MOTION/SECOND: Marty/Stigney. To Approve the Consent Agenda for Items A, B, C, and D as presented. Ayes - 4 Nays - 0 Motion carried. 8. UNFINISHED BUSINESS i None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Mounds View City Council September 13, 1999 Regular Meeting Page 9 David Jahnke, 8428 Eastwood Road, stated it was a "breath of fresh air" to attend the Council meetings under the new Mayor and Council Members. He noted he had seen Mayors throw papers at other Council Members and belittle them, and Council Members belittle each other, and this was very disturbing. He thanked Mayor Coughlin and the Council for not behaving in this manner. Mr. Jahnke stated when the new Council and Mayor were elected the people had thought there would be a change in City policy, in terms of expenses. He commented that he was aware that Mayor Coughlin had inherited many of these expenses, one in particular, was the golf course, which did not ever seem to go away. He stated the people were promised that the golf course would "never cost them a nickel," however, he was presently hearing about a new proposal. Mr. Jahnke suggested the Council might wish to take another look at the golf course issue. He stated one of the Council Members had suggested they abandon the golf course and turn the property into some type of a business park. He commented that he was formerly the president of a credit union, and was knowledgeable of financial matters, and was beginning to question the current policy in this regard. Mr. Jahnke stated another of his concerns was that they were promised that the franchise fees on the sewer service would expire. He stated this matter has come forward several times, and to date, the expiration has not occurred. He noted the item was again present on the agenda. • Mr. Jahnke stated he had been involved in the Community Center discussion from its inception, and it has been the subject of many debates. He inquired although he did not disagree with the current proposal for showers at the Community Center, how much more money would be put into this project. He stated Mounds View is a community of approximately four square miles, which is not a big community. He commented that some of the projects have been vested with a large amount of money, and he was beginning to wonder if they were going to get out of these obligations. He stated the Council was elected to implement changes. Mr. Jahnke commented that he was pleased that money had been saved during the purchase of the golf course pickup truck. He noted, however, they still have the old pickup. He stated it appears they continue to purchase, and the problem never diminishes. He requested the Council be more conservative in these matters. Mr. Jahnke stated he had discussed these issues with each of the Council Members, individually, and that he and some of the residents were wondering if a change was going to occur. Mayor Coughlin thanked Mr. Jahnke for his comments. He stated Mr. Jahnke was correct in his statement that, with the change over of representation in the City, he was operating under a budget that was not set by himself, or the majority of the present Council Members. He explained the Council is, therefore, somewhat restrained in what they can and can not do, in that they are essentially acting under someone else's vision. • Mayor Coughlin stated the Council was keeping abreast of the issues, and in fact, were operating below the set budget for the previous year. He explained that, with few exceptions, such as the airport issue, they are keeping well within the budget. Mounds View City Council September 13, 1999 Regular Meeting Page 10 Mayor Coughlin stated the issue of sewer and water fees would likely be discussed at great • length during the Work Session meeting on the following Monday. He noted that the golf course has obligations. He explained that bonds had been set up long before he was Mayor, and whether or not they operate the golf course, they are still obligated to pay those bonds. He advised that the good credit and faith of Mounds View had been put up behind those bonds, and the obligations must be met. Mayor Coughlin stated he was putting his best effort towards attempting to meet the City's obligations, and get out from under them, however, this takes time. He commented he had 22 years left in which to pay the mortgage on his house, and it always appears like this obligation will never end, however, as his father had once stated "If you live long enough, you will accomplish it." He explained that it was hoped they would outlive the obligations at the golf course, and would ultimately be money far ahead. Mayor Coughlin stated it would be exceedingly difficult to turn the golf course into a business park, or even sell the land to a private developer, due to the origin of the land. He explained that some of the land came from park dedication, some from MNDot, and a variety of plots were dedicated for different purposes. He stated he had recently written an article for the Mounds View Matters, which indicates that it is not possible for a group of five to make everybody happy. He stated all they can do is try their best, and Lord willing, they are given God's grace to do the right thing at the right time. Council Member Marty stated the Council was aware that the golf course would have to be paid • off, however, the golf course would be a good source of revenue when this is accomplished. He stated that Bnghtwood Hills golf course, in the City of New Bnghton has been around for quite some time, and it has been paid off. He stated it has been supplying quite a source of revenue for New Brighton, and in fact, they are doing so well, they will be constructing an entirely new clubhouse at that golf course. He stated the present Council did not ask for the golf course, however, it was up to them to determine how to get the point where it pays off. He stated he appreciated Mr. Jahnke's comments. Mayor Coughlin added that in the months he has been the Mayor, the Council has worked very well, and is very committed to doing the right thing. He noted they do not always agree, however, in the mix of ideas, the majority of what is done is good, and hopefully, that which leaves something to be desired, is limited in its nature. He extended his appreciation to the Members of the Council, and the support staff for making this Council an effective working group. Rich Sonterre, 5060 Red Oak Drive stated he was a businessman who was considering Mounds View as a location for a new site. He stated his company had performed a traffic count between the hours of 4:00 and 5:30 p.m., on Highway 10 and Silver Lake Road, prior to the change over, and once again, since that time. He stated, in an hour and a half period there were approximately 250 fewer cars on the highway, which represents a significant difference. City Administrator Whiting inquired if this would affect Mr. Sonterre's business planning. Mr. . Sonterre stated this would make a significant difference in what he would expect the property owners to charge him for the subject site. Mounds View City Council September 13, 1999 Regular Meeting Page 11 Mr. Sonterre stated his reason for attending the meeting was to discuss the future of Woodcrest Park. He stated he did not think there was a great amount of public notification, in terms of the specific details of the project. He stated he had heard a variety of comments regarding the proposed plans for the park, and requested clarification in this regard. Mr. Sonterre stated he had lived on Red Oak Drive near Woodcrest Park, for approximately six years, and in that time, has seen many changes in the demographics of that neighborhood. He stated that, being the father of a two and four-year old, the issue that most concerns him, is the great number of children on his block and the block adjacent to the Red Oak Drive. He commented that children are everywhere. He stated the parents in the neighborhood have come together to express concerns regarding the amount and speed of the traffic in the area, as well as another of their main concerns, which is the park. Mr. Sonterre stated between County Road H and H-2, Long Lake and Silver Lake Road, Woodcrest Park is the only park their children can get to without having to cross a major intersection. He explained the only other park in the City that they can bring their children to is Random Park, which limits the children that it is appropriate for, to a very young age. He commented that they could use some of the parks in New Brighton, as well, and these parks have undergone some appealing changes, however, as a resident of Mounds View, he would like to see a quality park for the children in their neighborhoods. He added that he would like that park to be located so as not to necessitate their children to cross a major intersection. Mayor Coughlin noted this item was scheduled for consideration later in the meeting, however, • in the interest of time, suggested it be addressed at this time. Public Work Director Ulrich provided the Council with a copy of the preliminary plans for Woodcrest Park, noting that some changes had been made. He explained that a walking trail was proposed to go through the entire park. He stated the water quality pond in the southeast corner would be changed slightly, however, the path will continue to the northeast, and the northeast corner will contain a playground structure. Director of Public Works Ulrich. commented they might encounter some difficulty when attempting to raise the existing playground structure, which is l3 years old, and was originally placed in a very wet area of the park. He stated the concrete footings of the structure are substantial. He indicated they would attempt to raise the structure, and some of the pieces may be used, replaced, or a new structure might need to be budgeted for, and placed on the site in the future. Director of Public Works Ulrich explained that the reason this park was identified as the top site in town for the wetland mitigation of the Community Center project, was because it was a very wet parcel 25 years ago. He stated they have performed some borings of the land, and have identified approximately 4,000 yards of fill that has been placed on the site, primarily consisting of street sweepings and asphalt. He noted it was very common in the past, for communities to utilize such sites for dumping purposes. Director of Public Works Ulrich noted that the park was difficult to maintain, particularly in the wet years, and that was the reason it was considered the number one site to turn back to a wetland status, and develop into a somewhat passive area. He stated the City Council had Mounds View City Council September 13, 1999 Regular Meeting Page 12 decided to utilize the northeast corner for the playground structure, based upon some of the • resident comments that they keep some type of a playground in that park. Mayor Coughlin stated a public hearing was held, and a fair amount of input was received from the residents of the area. He stated the majority of the residents recognized the parcel was wet, and wanted it to remain a park, therefore the Council has returned most of the park to its natural stated, with the addition of a nature trail with park benches. He noted some of the Cub Scout Leaders had indicated this would be ideal natural area for their troops to collect leaves and nuts for merit badges, and yet maintain the spirit of the park by relocating the playground equipment to a relatively dry area. He explained that this would allow for greater use of the park, even during the wet years. He noted the original playground equipment had been placed on one of the lowest spots on the parcel, and inquired regarding the reason for this. Public Works Director Ulrich stated he believed this was because the hockey rink boards took up the dry lands that were farther to the north and east, and when all the other amenities were installed, this seemed to be the logical placement for the playground. He noted there was also a sand volleyball court at the site, which in many years, is under water and unusable. He stated this was not an ideal location for the type of equipment that is presently there, and he thought the drier area of the northeast corner would be much more conducive to use. Council Member Marty stated it was his understanding that there is a peat bog in this area. Director of Public Works stated this was correct, and added that there was additional wetland. to the north. He explained that a portion of the park serves as a storm water holding area because • there are ditches on both sides to the south and west. He stated the proposal would remove the ditches, and there would be a more gradual slope into the lowlands of the park. He explained that the highlands will be outlined with the walking path, and there will be gradual wetland area in the entire middle section of the park. He commented that only the existing water quality ponds are expected to hold water, and are expected to have a high water level, which will then overflow into the wetland. He stated, however, the majority of the water should be contained in the ponds. He added that this was also a reason that the Rice Creek Watershed District and the Board of Water Resources was very favorable to this park location. Council Member Marty inquired if the park, the equipment and the path would be maintained once the playground is completed. He noted it did not appear that Woodcrest Park had been well maintained in the past. Director of Public Works Ulrich stated the park has received maintenance, however, it has not received a large amount of capital investment dollars in the past. He stated the park is mowed on a regular basis, and the unsightly aspect is due to the ditches. He explained that the Public Works Department did not have any equipment, nor have they been able to locate a contractor who can mow the ditches, as they are at an extreme slope. He stated the perimeter of the park appears somewhat unsightly, however, all of the areas that are accessible have been maintained and mowed. Director of Public Works Ulrich stated that when the path is constructed, there would be a two- foot area in which to operate a mower to keep the weeds from the path. He noted there would also be some sod laid to keep the encroachment of weeds on the path. He commented there would also be natural grasses and wetland grasses planted to bring the area back into its natural state. Mounds View City Council September 13, 1999 Regular Meeting Page 13 • Mr. Sonterre stated he agreed with Council Member Marty, in that the mowing has occurred in areas where there is grass, however, he has not once in six years found the volleyball court to be usable. He stated the amount of grass and weeds growing in that area, in addition to the lack of a net, made using the volleyball court impossible. Mr. Sonterre stated the residents have not used the playground equipment in the past two months, because there had not been any maintenance to the playground area during the entire summer. He commented that the playground area is presently knee-high in weeds and thistles, He acknowledged that mowing has been done, and has improved the situation, however, he would like some verification that the park will be maintained in the future. Mr. Sonterre stated the plans appeared to be very attractive, and he would be happy to have this in his neighborhood. He commented that the area was a breeding ground for mosquitoes, and inquired if there had been any consultation with the Department of Natural Resources in this regard. City Administrator Whiting stated he was uncertain if they specifically target Woodcrest Park, however, they do spray the City once a month via helicopter, and if the area is indicated on their map as wetland to treat, it is treated. Mr. Sonterre inquired if they would be made aware of the significant increase in the amount of wetland in that area. City Administrator Whiting stated staff would provide notification in this • regard. Director of Public Works Ulrich stated they had gone through the process for many months, in the knowledge that the park was planned to become a wetland, and acknowledged that the maintenance on the playground structures has been slack. He explained they had installed sand volleyball courts in both Woodcrest and Greenfield Parks, twice replacing the nets, and within days the nets are gone. He explained that the Park and Recreation Commission had advised the nets be kept in the office, and be available to the residents upon requests. Council Member Marty stated he had been to the park recently with his 2'/z-year old. He acknowledged that the rest of the park was mowed. He commented, however, the ditches do give the impression of a lack of maintenance in the park. Mike Doran, 1592 Mounds View Drive, stated he had purchased a home in the area, and had lived there for approximately five months. He explained that the primary reason they chose this house was because of the park. He stated he was concerned regarding the playground, and felt it was used quite regularly. He stated he did not see any thistles in the area. He stated he had been to the park with his Godchildren, and he and his wife were expecting a child. He commented that County Road H is a busy road. He explained that both he and his wife worked, and he did not want to have his children crossing the roads to get to the park. He stated he was not concerned with the rest of the park, and if it was a swamp or tall weeds, in his opinion, it would look the same, however, he would hope they keep the playground. i Mayor Coughlin stated it had been the unanimous consensus of the Council to keep the park at this location. He explained that the playground equipment would simply be relocated to a higher and drier area in the hope that it could be used more often. Mounds View City Council September 13, 1999 Regular Meeting Page 14 Mr. Doran stated this has been a fairly wet year, and there has never been a time they could not go out and play in the park. He stated he did not realize that they could rent a net, adding that they had considered purchasing a net. Mayor Coughlin stated staff would make this point better known to the residents. Mr. Doran requested earlier notification of the public hearing date. He stated he had just received his notification that date, and if it could be received a day or two earlier, it would help to bring people in to the meetings. Mayor Coughlin stated a public hearing to discuss the matter had been held several months prior, and the notices were sent out at that time. He stated he had also corresponded with Mr. Sonterre in this regard. Mr. Doran thanked the Council for their time. Mayor Coughlin thanked Mr. Doran for his comments. There were no further requests or comments from the floor. 10. COUNCIL BUSINESS A. Public Hearing and Second Reading of Ordinance 635, an Ordinance to Enact a New Chapter of the Mounds View Code of Ordinances to Administer and Regulate the Location, Relocation, Installation and Reinstallation of Facilities in the Public Right-of--Way in the public Interest. Mayor Coughlin opened the Public Hearing for Items 10 A and 10 A-1, at 8:10 p.m. City Administrator Whiting stated there are three related ordinances on the agenda that evening, including the added agenda item 10 A-1, Ordinance 630. He explained that Item A is the Public Hearing and Second Reading of Ordinance 635, and after the public comment is taken, if the Council so chooses, they would vote to adopt this ordinance. City Administrator Whiting stated the same condition exists for Item C on the agenda, which is indicated as the Public Hearing and First Reading of Ordinance 640, however, is actually the Second Reading. He noted Item 10 A-1 is the Second Reading and continuation of the Public Hearing of Ordinance 630. City Attorney Long stated the ordinances presently before the Council had been discussed at several meetings. He explained Ordinance 630, the right-of--way ordinance, is the City's general right-of--way authority, and is modeled after the model right-of--way ordinance compiled by the League of Minnesota Cities. He explained that this ordinance provides cities more control over issues relating to the rights-of--way, including the recovery of cost to the taxpayers which might occur with the degradation of roads due to utilities, cable television companies, and other similar • service providers. He explained that the Legislature had provided this to the cities as their authority to maintain some control over what goes into the right-of--way. He stated that Item 10A, Ordinance 635, is related in terms of providing the City authority to require a utility to Mounds View City Council September 13, 1999 Regular Meeting Page 15 underground their services. He explained that the adoption of Ordinance 635 would provide the . City the authority to require undergrounding, however, the City would not be obligated to do so. City Attorney stated Item lOC, Ordinance 640, was an ordinance amending Title 900 in different areas, to make it consistent with the other two proposed ordinances, and is basically an housekeeping item, once the first two ordinances are adopted. There was no public input. Mayor Coughlin closed the Public Hearings for Items 10 A, and 10 A-1, at 8.13 p.m. Council Member Marty stated he was under the impression they had desired to include stronger language in Ordinance 630, Chapter 910, however, the only place he had seen this reflected was on Page 18, Section 910.30, which indicates "to enforce the general ordinances necessary to protect the health, safety and welfare of the public." He inquired if this language should be more specific and firm. City Attorney Long advised that the general language is to the City's advantage, as the language pertaining to the protection of health, safety, and welfare of the public is accompanied by a history of case law regarding cities having police and regulatory powers when they are acting in this capacity. He explained that in this context, if they were exercising the police powers to protect the health, safety and welfare of the public, to prevent someone from digging underground, they would be acting within their broadest range of powers. He explained by • leaving the language general, they would actually have broader powers than if they were to make the language more specific, from a legal standpoint. MOTION/SECOND: Stigney/Thomason. To Approve the Second Reading and Adopt Ordinance 635, an Ordinance to Enact a New Chapter of the Mounds View Code of Ordinances to Administer and Regulate the Location, Relocation, Installation and Reinstallation of Facilities in the Public Right-of--Way in the Public Interest. 1. Roll Call: Coughlin, Marty, Stigney, and Thomason. Not Present: Quick 2. Vote Ayes - 4 Nays - 0 Motion carried. A.1. Continuation of the Public Hearing and Second Reading of Ordinance 630, an Ordinance to Enact a New Chapter of the Mounds View Code of Ordinances to Administer and Regulate the Public Right-of--Way in the Public Interest and to Provide for the Issuance and Regulation of Right-of- Way Permits. City Attorney Long stated this is the general right-of--way management ordinance that creates a new Chapter 910, which sets forth the new frame work for managing the rights-of--way, both in terms of when they can be restricted, and in terms of recovering costs for the degradation of streets. Mounds View City Council September 13, 1999 Regular Meeting Page 16 MOTION/SECOND: Thomason/Marty. To Approve the Second Reading and Adopt Ordinance 630, an Ordinance to Enact a New Chapter of the Mounds View Code of Ordinances to Administer and Regulate the Location, Relocation, Installation, and Reinstallation of Facilities in the Public Right-of--Way in the Public Interest. 1. Roll Call: Coughlin, Marty, Stigney, and Thomason. Not Present: Quick 2. Vote Ayes - 4 Nays - 0 Motion Carried. B. Public Hearing and First Reading of Ordinance No. 637, an Ordinance Amending Section 1008 of the Mounds View Municipal Code to Set Signage Standards in the PF (Public Facilities) and CRP (Conservancy, Recreational and Preservation) Zoning Districts. Mayor Coughlin opened the Public Hearing at 8:21 p.m. Community Development Director Jopke stated the City Council had requested the Planning Commission and City staff to review whether or not the City might want to allow billboards • within the community, specifically in the golf course area, as a potential source of revenue. He explained that as the research of this matter progressed, they discovered additional issues, which required further investigation. He stated one of these issues is that the current Sign Code does not specifically allow any Signage within the PF (Public Facilities) or CRP (Conservancy, Recreational and Preservation) Zoning Districts, which includes the City Hall, parks and the golf course. He stated the Planning Commission felt there were some legal issues relating to the overall billboard discussion, and that they should move forward with this item, to clarify the existing problem within the Code. Community Development Director Jokpe stated City Attorney Long is presently reviewing the matter, and has indicated that the separation of these two considerations might result in some complications. He stated Ordinance 637, the ordinance presently before the Council, would amend the Code to allow Signage within the PF and CRP Zoning District, utilizing the same basic standards that are allowed in Neighborhood Business Districts. He stated this would allow both building Signage of 100 square feet, and pedestal freestanding signs, with the provision that if the sign is within 100 feet of a residence, it can not exceed 40 square feet in area. Community Development Director Jopke stated the existing Signage at the parks and the City Hall will fit into the standards that are being proposed. He stated the Planning Commission has unanimously recommended approval of this ordinance. City Attorney Long stated Ordinance 637 is acceptable as it stands, however, between this and the Second Reading of this ordinance they may learn more about what the Planning Commission would like to accomplish with the question relating to billboards near the golf course. He noted language in the ordinance, in both clauses m and n, which indicates "such signs shall identify or relate to the activities that are intended to occur on that site," and explained that this would limit Mounds View City Council September 13, 1999 Regular Meeting Page 17 any outside party advertising, and relate only to the use on that site. He explained that if the long-term desire is to include outside advertising from a private company, they might wish to incorporate the ability to allow for this in this zoning amendment, to prevent the necessity of different ordinances for different treatment. City Attorney Long stated the deed restrictions have been reviewed, and it has been determined, from a legal standpoint, that a major parcel of the golf course land originated from the State of Minnesota, and is subject to a deed restriction that it must be utilized for a public purpose. He stated the first question for consideration was if you could you have billboards on that property and meet the public purpose restriction in the deed. He stated the answer to this is yes. He stated the second question was how to handle the zoning issue, and that is where there may be some relationship. He reiterated that the present ordinance is acceptable, however, if they learn that there is a way to incorporate that change in this language, it may come back for Second Reading in such a manner that covers both issues. There was no public input. Mayor Coughlin closed the Public Hearing at 8:26 p.m. Council Member Marty stated City Attorney Long had brought forward some very good points. He commented he is not an advocate of billboards, however, there are escalating bond payments at the golf course, and if it was necessary to incorporate this language in the ordinance, they should also include a date to remove the billboards when the bonds would be paid off. • Mayor Coughlin explained this was a separate issue, and the present consideration related more to the zoning issue than the billboard issue. Community Development Director Jopke stated they were presently considering an additional ordinance section, which indicates that in certain districts, billboards can be allowed by Conditional Use Permit. He explained that they would set a number of standards in regard to size, height, design, and the like, as a part of that process. Community Development Director Jopke commented that he understood the concern City Attorney Long had brought forward, regarding the language of the ordinance. He explained that this language was added to the original ordinance, in that the Planning Commission wanted the signs to relate to the activity at the site, in general. He noted this matter required additional discussion, and an understanding of the impact these considerations would have on each other. Mayor Coughlin inquired if this matter would come before the Planning Commission again, prior to City Council action. Community Development Director Jopke stated it would. He explained that they were waiting to receive the opinion from the City Attorney's office, and when that is forwarded they will proceed. Council Member Stigney stated in his understanding as Council Liaison, the ordinance presently before the Council was for housekeeping purposes, to accomplish allowing the valid use of signs that currently exist within the City. He explained that in terms of going beyond that toward billboards, the matter is still undetermined. Mounds View City Council September 13,1999 Regular Meeting Page 18 Council Member Stigney noted the Planning Commission was directed to review the feasibility of the billboard issue, and what the legal ramifications of it were. He stated that this is a separate issue, and he did not want to see the present consideration be directed towards billboards, because it does not pertain to billboards. He stated if staff desired to come out with some change to support billboards, and create a special Conditional Use Permit to do so, this should be handled as an entirely different matter. He stated he believed this was also the perspective of the Planning Commission. Council Member Marty stated he agreed. Mayor Coughlin stated this was also his understanding. MOTION/SECOND: Marty/Thomason. To Approve the First Reading of Ordinance No 637, an Ordinance Amending Chapter 10089 (Signs and Billboards) of the Mounds View Municipal Code Pertaining to Permitted Signage in PF Public Facilities and CRP Conservancy, Recreation, Preservation Zoning Districts, Planning Case SP-073-99. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney stated that he believed this item should stand alone, and it appeared to him that it is being modified at this time. He stated he would like to see any modifications that are different from this ordinance, handled separately, and not as a part of this ordinance. Mayor Coughlin stated this could be addressed upon the Second Reading and if necessary, it can be amended at that time. Council Member Stigney stated that if the wording was going to expand to allow billboards at the golf course, he objected to it at this time. He added he was in favor of approving the First Reading of the ordinance, as it is presently written. C. Public Hearing and Second Reading of Ordinance No. 640, an Ordinance Amending Title 900, Chapter 902 Relating to Driveways and Repealing Provisions of Chapter 902 Relating to Street Openings Mayor Coughlin opened the Public Hearing at 8:30 p.m. There was no public input. Mayor Coughlin closed the Public Hearing at 8:31 p.m. Mayor Coughlin stated that one of the first volatile episodes with the Council was the discussion of curb cuts and corner lots. He stated the spirit of this issue is in regard to the sections being removed from this Chapter, due to the addition of the undergrounding. He stated he thought it would be more efficient, and would save the City both time and money to incorporate the discussions of curb cuts into this Chapter. He added he was in favor of approving the First Reading of this ordinance, as written. He stated, however, he would request the Council direct staff to include the curb cut discussions and related issues from earlier in the year, into the language, to provide that the same ordinance does not have to go through the entire process again. Mounds View City Council September 13, 1999 Regular Meeting Page 19 City Administrator Whiting explained that this item was the Second Reading of this ordinance, and any changes should be made prior to the vote. Mayor Coughlin stated he would then request the Council continue this matter until a later meeting for final approval. MOTION/SECOND: Marty/Thomason. To Continue the Second Reading of Ordinance 640, an Ordinance Amending Title 900, Chapter 902 Relating to Driveways and Repealing Provisions of Chapter 902 Relating to Street Openings, Until a Later Meeting. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney inquired if this matter would be brought forward at the next Work Session. Mayor Coughlin stated this was correct, or an upcoming Work Session. D. Public Hearing and First Reading (Introduction) of Ordinance 639, an Ordinance Amending Chapters 1109 and 1110 of the Mounds View Zoning Code Pertaining to Conditional Uses within the R-4 and R-5 Zoning Districts. Mayor Coughlin opened the Public Hearing at 8.36 p.m. Planning Associate Ericson stated this is the ordinance that was suggested by the Planning Commission in conjunction with a request by MSP Real Estate to construct a senior residential facility on a vacant lot, behind SuperAmerica, on Mounds View Drive. He stated one of the concerns was that the City Code is somewhat vague and ambiguous in regard to group housing. He noted the discussion centered upon amending the Code with regard to senior housing, and rather than "nursing homes and similar group housing," the language be amended to indicate "nursing homes and other senior congregate housing." He explained that this eliminates any question as to what type of housing is being proposed. He noted the intent of the Code appeared to indicate that the use be senior housing, however, the language "other similar housing" made it somewhat vague, and this ordinance would change that. Planning Associate Ericson stated this ordinance stipulates specific parking requirements for these types of uses, which are based upon the number of beds, which would be one stall for every three beds. He explained it also requires one stall for every employee on the maximum shift having the most personnel present. He stated the ordinance before the Council contains some language that staff would propose be changed, and this will be done for the Second Reading. He explained that Ordinance 639, Item 1 is amended to include the following: "The required parking ratio shall be one stall per employee on the busiest shift," and staff was proposing that be changed to "one stall per employee on the shift having the most personnel present." He stated this was to insure that the amendment does not add any more confusion, and this language appears to be very clear regarding the number of parking stalls that would be required. There was no public input. Mayor Coughlin closed the Public Hearing at 8.39 p.m. Mounds View City Council September 13, 1999 Regular Meeting Page 20 MOTION/SECOND: Thomason/Marty. To Approve the First Reading of Ordinance No. 639, an Ordinance Amending Section 1109.04 of the Mounds View Municipal Code Pertaining to Conditional Uses Within the R-4, High Density Residential Zoning District; Mounds View Planning Case 559-99. Aye - 4 Nays - 0 Motion carried. Council Member Stigney stated he understood the parking requirement to be one stall per employee on the busiest shift. He inquired regarding the implications of the word "employee." He explained that many employees are contract people coming in and out of the building. He inquired if someone was contracted for a day, would they also require a parking stall to be provided for them, or does this just pertain to full-time employees. Planning Associate Ericson stated the intent was to consider a person an employee, if they were going to be present eight hours a day, five days a week, on any given shift. He explained that it would probably be a judgement call at the time this type of use came before the City with the Conditional Use procedure, as to how they would clarify or quantify the number of employees. He stated this was a valid point. He noted staff did not want to further complicate the issue by indicating full-time equivalent, consultants, and the like, and given that this type of use would have to come before the City Council, they felt this language would be adequate. He explained that they could respond to each proposal coming forward, knowing that the number of stalls would be for the number of people present on one shift, be that consultants or employees. He added that he did not think the Code intends to provide a stall for someone who is there, for • example, two hours each week, but certainly for someone who will be present on a full-time basis. Council Member Stigney noted that it was presented that a large portion of the facilities' staffing would be handled on a contract basis, however, he thought this language provided would probably be sufficient for the overall purpose intended. E. Consideration of Resolution 5370, a Resolution Regarding Changing Rooms/Showers at the Community Center. Teri Blattenbauer, YMCA Program Executive, provided the Council with information requested at the August 23, City Council Meeting, in regard to the additional projected revenue from the additional amenity to the Community Center. She stated that very conservatively, through additional in-house and MSS sponsored tournaments at different times throughout the day, they projected $5,600 for the first year. She reiterated this was a conservative estimate. Ms. Blattenbauer stated the additional projected expense, which would include the cleaning and maintenance supplies, water, etc, would be approximately $7,500 for the first year. She noted they anticipate that in subsequent years they could increase the revenue to almost double the estimate, approximately $10,000. Ms. Blattenbauer stated staff had contacted two architectural firms, to determine the architectural fees, which were not included in the original cost estimate, and the original fee would be approximately $12,000. She stated of the two contacts she had made, one was $4,000 less than the other. She stated it would be her recommendation to hire the architectural engineers who had bid in at the lower end. Mounds View City Council September 13, 1999 Regular Meeting Page 21 Ms. Blattenbauer stated at this point, the cost estimate provided by the plumbers and the construction company totaled $111, 300, and the total amount with the architectural fees would not exceed $130,000. She stated staff would like to proceed with the bidding process. She noted they had received additional information pertaining to TIF funding that date, as well. Finance Director Kessel clarified that the total numbers of the original estimates did not come up to $130,000, however, these were estimates, and not bids, therefore staff slightly increased the amount to insure that there would be adequate monies when the bids are received. He noted that if the bids come in based upon the estimates they expect they will be $10,000 to $15,000 less than that. He explained these were the same architects that handled the remodeling of City Hall, and the City has worked with them in the past. He added this was the firm who bid in $4,000 less than the architects involved in the construction of the Community Center. Finance Director Kessel stated staff had discussed TIF at the meeting that date, and had determined this to be an eligible TIF expenditure, provided the contracts are entered into, or the project completed prior to December 31, 1999. Mayor Coughlin added that a letter of intent toward the concept would also suffice. Council Member Stigney inquired if TIF funds were presently available, or if this was based upon projected excess TIF funds. • Finance Director Kessel stated there are $100,000 TIF dollars available at this point in time. He explained they would be receiving the grant funds for the Community Center. He noted the number that has always been used prior to this $110,000 to $130,000, is 6.2 million. He stated that actually the TIF funds that are required are $354,000 less than that, because they have received a state grant, and those funds should be delivered to the City within the next several days. Council Member Marty inquired regarding the amount of this grant. Finance Director Kessel stated it was $354,000. Council Member Stigney inquired if this was a grant for the City to utilize at the Community Center. Finance Director Kessel stated this was correct. Council Member Stigney inquired why, therefore, TIF funds were necessary for the present proposal. Finance Director Kessel explained these were still TIF funds, however, since the grant was for the Community Center, the 6.2 million was what the Council had authorized up to this point. He commented that if the present resolution is approved it would increase the amount to 6.3 million, and if they subtracted the state grant, it would be $350,000 less than that. Council Member Marty inquired if they could not just utilize the grant money, or if it was already spent. Finance Director Kessel stated this money was intended for the Community Center, not for showers,. He explained that, in addition, the City had to match the grant amount, • and would therefore have to spend twice the amount. He explained that they reimburse the cost up to $350,000. He stated the total project cost with this resolution would be $6,330,000.00, the funding source would be 5.9 million of TIF, and $350,000 state grants. Mounds View City Council September 13, 1999 Regular Meeting Page 22 City Administrator Whiting stated the grant was received through the Department of Children Families and Learning. He explained that part of the reason they obtained the grant was because they were creating a space for youth, specifically 7 to 13 year old boys and girls, and in the programming for them, they financed the construction of that project. He stated they had to show the project was completed before they would be reimbursed, and those funds are going back into the Special Projects account. MOTION/SECOND: Marty/Thomason. To Approve Resolution 5370, a Resolution Authorizing Use of Tax Increment Financing for Shower and Changing Rooms at Community Center and to Authorize Hiring of Architect, Preparation of Plans, Specifications, and Bidding of Project. Ayes - 3 Nays - 1 (Stigney) Motion carried. Council Member Stigney stated he thought when they set the limit on TIF at 6.2 million, this was the limit. He explained that the addition of showers could have been done at much less expense at the time of construction, and he did not believe that doing this retroactively was the thing to do. He stated in regard to TIF, there might be grant money available that can be utilized for such projects, however, TIF is not free money. He stated he did not support making this type of change at this time. F. Staff Report regarding Woodcrest Park Mitigation Project. Mayor Coughlin noted the staff report for this item had been provided earlier in the meeting. Director of Public Works Ulrich provided an overview of the bids staff had received from seven contractors for the Woodcrest Park mitigation project as follows: Arnt Construction Forest Lake Contracting G&L Contracting FF Jedicki, Inc. FM Frattalone Jay Brothers, Inc. W.B. Miller, Inc. $126,569.50 $126,798.60 $131,416.10 $152,276.50 $166,787.50 $183,237.45 $198,950.25 Director of Public Works Ulrich stated staff recommends Council award the project to the low bidder, Arnt Construction. Director of Public Works Ulrich stated there were six or seven alternates for the removal of some of the park equipment, which includes grills, picnic tables, a drinking fountain, a slab, and some associated fixtures. He stated the most expensive consideration was the removal of an approximate 4,000 feet of timbers that surround the playground equipment. He stated staff would request and recommend the Council approve the alternates as well. He noted staff thought they would advertise, and if they received a favorable bid, they would have a contractor do the removal, rather than City staff. Director of Public Works Ulrich stated the shelter located at the park was planned to be burned by the Fire Department, as an exercise. He explained that after the bids were already received, Mounds View City Council September 13, 1999 Regular Meeting Page 23 the Fire Chief expressed to staff that he had some concerns regarding the burning of the building, with relationship to smoke, and possible indications to the neighborhood, and informed staff that he would not burn the building. Director of Public Works Ulrich stated he had left a voice mail message with the Fire Chief requesting he change his mind, or provide some funds to have the contractor demolish the building and haul it off the site. He explained they were presently investigating the shelter to determine if there are any hazardous materials contained in it, however, they do not believe this to be the case, as it was previously, just a temporary classroom. He advised that staff was anticipating a change order on this item, for the contractor to demolish the building and haul it off the site if it is not allowed to be burned. He stated this was why the change order percentage was at 15 percent. He stated typically, this would be approximately 10 percent, however, staff was not fully aware of what the contractor would charge if they have to haul the building off the site. MOTION/SECOND: Thomason/Marty. To Approve Awarding the Woodcrest Park Mitigation Project to Arnt Construction for a Total Bid of $131,930.50, and to Authorize the Director of Public Works to Sign Off All Change Orders Up to a Maximum of Fifteen Percent of the Project. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney stated the change order was previously 10 percent contingency of the bid, and inquired why staff was requesting 15 percent. t Director of Public Works Ulnch stated this appeared to be a very simple project, pnmanly the excavation and the removal of the dirt, however, the change order is typically 10 percent. He explained that the only thing that had come into the proposal late, was the removal of the building, which according to the Fire Chief is not going to be allowed to be burned, and therefore, they would have to have someone haul it off the site. Council Member Stigney stated he thought Director of Public Works Ulrich had indicated he was still working with the Fire Chief in this regard. Director of Public Works stated he had left a voice mail message for the Fire Chief the previous Friday, and the Fire Chief had indicated through his voice mail, that he was conducting other business related to his job. He explained at this point, he had not heard whether or not the Fire Chief would change his mind. Council Member Stigney stated that change order norm was 10 percent, and he would suggest staff remain at 10 percent. He added if there is some other consideration to deal with, and if the Fire Chief can not burn the structure, then staff can come back and request additional funds. Director of Public Works Ulrich stated they had utilized the statements that authorize staff to sign the change orders, in the event they get into the project, and the contractor indicates they need a certain amount of dollars to proceed. He stated that any delay in this project could also • cost them money through the contractor because he is being denied work. He stated this is why staff always incorporates the last sentence to sign change orders so they do not have to come back before the Council within two weeks. He stated that they attempt to keep this within a reasonable amount of money related to the project. He explained that if they wish to lower the Mounds View City Council September 13,1999 Regular Meeting Page 24 percentage, and anything comes in higher than that amount, staff would have to come back to the Council for approval. Council Member Stigney inquired if this was not the norm. Director of Public Works Ulrich stated this would depend upon the project. He explained the Community Center project change order was only 5 percent. He stated that typically, the higher the project value, the lower the change order authorization. He stated the seal coat project change order authorization was 15 percent, and this was a $90,000 project. Council Member Marty inquired when the project would commence. Director of Public Works Ulrich stated commencement was anticipated within the next two weeks, however, it could be three or even four weeks. He noted this might be good, in terms of allowing time to remove some of the play equipment, and determine how it comes out of the site. He explained the contractor is also working this contract with their removals to go to another site, and some of this project is dependent upon that. He stated, other than the 90-day completion period, the project does not really have a time sensitive grow period. Council Member Marty noted it was nearing the end of the season for construction. He requested clarification regarding the amount of fill placed on the site. Director of Public Works Ulrich stated the common excavation is 11,554 cubic yards of fill which must be removed from the site. Council Member Marty noted this was a considerable amount of fill. He explained that they might encounter some fill that would be difficult to remove, such as asphalt or concrete. Mayor Coughlin stated the 15 percent change order would cover a situation like this. He noted that borings were taken, and he would lean somewhat on what was determined from that process. Council Member Marty stated they had discussed the change orders in the past, and had agreed as a Council to lower the authorization to 10 percent without Council approval, and he had no problem with this. Mayor Coughlin noted it would take an amendment by Council Member Thomason and Council Member Marty to amend their motion to the change order amount to 10 percent instead of 15 percent. Council Member Thomason inquired how long this would delay the project. She stated that if they were attempting to complete the project by the end of the year, a delay could cost the City more money. She explained that she would like to have a change brought back before the Council if it exceeded 10 percent, however, she did not want to incur additional costs through higher contractor fees and delays in the project. Director of Public Works Ulrich stated that any amount was probably acceptable to staff. He noted that 15 percent would represent approximately $19,000 with this project, and 10 percent might decrease that amount to $10,000 or $12,000. He explained that if they get to the point where they exceed that amount, and require another dollar or $10,000, the project would have Mounds View City Council September 13,1999 Regular Meeting Page 25 commenced by that time, and did not think it likely that the Council would deny a request for additional funds. Mayor Coughlin inquired if the City must mitigate the wetland at the Community Center prior to the end of the year, in keeping with its agreement with the Community Center. Director of Public Works Ulrich stated this was correct by the guidelines established by the Rice Creek Watershed District. Mayor Coughlin explained that as a contractor himself, and in light of the unpredictability of the weather, they could begin to get frost on the ground, and may actually incur additional costs in having to break the ground up, and possibly thawing it out, if necessary. He stated he would not want atwo-week delay to result in additional expense. Council Member Stigney stated that Director of Public Works Ulrich had adequately answered his question regarding the change order authorization. G. Consideration of Resolution 5365, a Resolution Approving a Wetland Buffer Permit for Vista Construction to Construct a Home at 6991 Pleasant View Drive per the EDA Approved Purchase and Redevelopment Agreement. Planning Associate Ericson stated the subject property was one of the homes purchased by the EDA, through the Housing Replacement Program. He stated the existing home on the site was demolished, and the lot was cleared to make way for a new home. Planning Associate Encson stated one of the issues with this lot is that rt is within the 100-foot wetland setback, which would require the Council to approve a wetland buffer permit in order to proceed. He explained that there are standards for the approval of these types of permits, and staff has reviewed all of these standards, and is fully confident that they are met, and that the wetland buffer permit would be appropriate in this situation. Planning Associate Ericson stated that Resolution 5365 approves the Wetland Buffer Permit for this property, subject to the plans provided by the developer. He noted a stipulation, which pertains to the erosion control fence being installed along the edge of the grading to prevent any erosion back toward the wetland. Council Member Thomason noted Item 3 of the standards for approval, which indicates "Any alteration shall not reduce the existing wildlife habitat value of a wetland as .measure using methods approved by the City." She inquired if there were set methods for determining this. Planning Associate Ericson stated this issue is addressed through the terminology "Any alteration shall not reduce the existing wildlife habitat." He explained that there is no alteration. He noted this terminology was specific to the alteration of a wetland, for which there are standards and criteria, however, it is not the case with this proposal. Council Member Thomason commented that many times during her 20 years in mortgage • banking, she had seen situations where part of the land was at a lower elevation, and the building was above grade, and does not affect anything. She explained that if the home is located in the flood plain, the purchaser would probably have to obtain flood insurance or go through the Mounds View City Council September 13,1999 Regular Meeting Page 26 process with the Federal Emergency Management Association, and the responsibility would be theirs. Council Member Stigney inquired if there was a difference in size of the structure previously on the property, and the structure that was proposed to be constructed, in terms of encroachment into the wetland buffer area. Planning Associate Ericson stated the proposed structure would be approximately 175 percent larger than the home and garage structures that were previously on the site, and it would take up more of the buffer. Council Member Stigney inquired if the previous structure was within the buffer. Planning Associate Ericson stated it was. He explained that the buffer line goes up to the street, and most of the homes on this block are within the buffer. He stated there is no way to change anything in order to minimize the impact to the buffer, however, the extreme elevation change would not normally constitute this area as buffer, and the impact to the wetland is minimal. Council Member Marty commented that it appeared the entire lot was within the wetland or the buffer. Planning Associate Ericson stated this was correct. He noted the elevation change between the high point of the lot, and the low area, which is the wetland. He explained that as the grade changes and comes up to the building site, there is an approximate 15-foot difference in the elevation. Council Member Stigney inquired if no mitigation was required. Planning Associate Ereson stated there was not. Council Member Stigney inquired how these homes were originally constructed within the buffer, in that the previous requirements were more stringent in regard to the wetlands. Planning Associate Ericson stated the majority of these homes were constructed in the 1940's and 1950's, long before any wetland requirements were in place. MOTION/SECOND: Thomason/Stigney. To Approve Resolution No. 5365, a Resolution Reapproving the Wetland Buffer permit for aSingle-Family Dwelling at 6991 Pleasant Vie Drive as Requested by Vista Construction; Planning Case No. 510-97. Ayes - 4 Nays - 0 Motion carried. Council Member Marty thanked Planning Associate Ericson for the maps, graphs, and topographical information he had provided to the Council. H. Consideration of Resolution 5354, a Resolution Denying a Wetland Alteration Permit Request by Oakwood Land Development. Mayor Coughlin stated that three of the Council Members had voted to deny a request for the vacation of a drainage easement on this property, three weeks prior. Mounds View City Council September 13, 1999 Regular Meeting Page 27 ~~ ~J Planning Associate Ericson stated Resolution 5354 is very clear in that the Council is also denying the request for a Wetland Alteration Permit. He stated the action of Council at their last meeting was to deny the request to vacate the easement. He noted the applicant had also applied for the Wetland Alteration Permit. He explained at that time, there was no resolution before the Council for action. He explained that this matter was basically a formality, and having already denied the vacation, there is no possibility of this request moving forward or being approved. He stated, however, because there was an application made for the Wetland Alteration Permit, staff and the City's legal counsel felt there should be a resolution to deny that permit as well. MOTION/SECOND: Stigney/Marty. To Approve Resolution 5354, a Resolution Denying a wetland Alteration Permit for Lots 17 and 18, Edgewood Square, Requested by Oakwood Land Development; Planning Case No. 565-99. Ayes - 4 Nays - 0 Motion carried. I. Second Reading and Adoption of Ordinance No. 631, an Ordinance Rezoning Property Located at 2670 County Road I from B-2, Limited Business, to R-4, High Density Residential. • • Mayor Coughlin inquired, in light of their relationship, if there would be any opposition among the Council to consider Item N in conjunction with Item I. Mayor Coughlin stated it was the consensus of the Council to consider Item N, in conjunction with Item I. Planning Associate Ericson stated this was the ordinance before the Council at their previous meeting, which approves the rezoning of the property located at 2670 County Road I, from B-2, Limited Business, to R-4, High Density Residential. He explained that this is in conjunction with the request of MSP Real Estate to construct a senior residential facility at this location. He stated there are no changes from the First Reading of the ordinance. MOTION./SECOND: Marty/Stigney. To Approve the Second Reading and Adoption of Ordinance No. 631, an Ordinance Approving a Rezoning of 2670 County Road I From B-2, Limited Business Commercial, to R-4, High Density Residential and Amending the City's Official Zoning Map; Planning Case NO. 559-99. 1. 2. J. Roll Call: Coughlin, Marty, Stigney, and Thomason. Not Present: Quick. Vote Ayes - 4 Nays - 0 Motion carried. Consideration of Resolution 5367, a Resolution Setting the Date for the Truth in Taxation Public Hearing and the Associated Maximum Property Tax Levy for the Year 2000. Mounds View City Council September 13, 1999 Regular Meeting Page 28 Finance Director Kessel explained Resolution 5367 contains three items for consideration. He • stated Item 1 is the General Fund Levy, and as it was originally presented, the General Fund includes the Fire Bonds in the amount of $73,755.00. He stated this is the City's share of the Fire Bonds that are paid to the city of Blaine. He noted the remainder of the General Fund is $3,759,257.00, and explained that this was the preliminary amount between that date, and the adoption of the final levy and budget. He added that in December that number could change. Finance Director Kessel stated Item 2 is the maximum amount the state allows the City to levy. He stated the Fire Bonds are $73,755.00, and the balance of the Property Tax General Fund is $1,695,897.00, which is the maximum levy, and represents a .93 percent increase. He explained that when the Fire Bond levy decreases, the total levy for the City is approximately .5 percent. He noted that this number can decrease, however, it can not exceed that amount if adopted as is. Finance Director Kessel stated Item 3 is the requirement to set a Truth in Taxation meeting date. He explained that the date of the meeting indicated in the Resolution is December 6, at 6:00 p.m. He noted there were additional available dates, should there be a conflict with the date presented. He stated the dates that were not allowed for the scheduling of this meeting were also indicated. He recommended the Council schedule a date in December, if they do not wish to hold the meeting on December 6. City Administrator Whiting stated December 6 falls upon a normal Work Session day. He stated he would be attending the National League of Cities conference the week prior to this date, however, he was certain he would be back in time for the meeting. He stated he was not aware • how much preparation was necessary for this meeting, however, in light of the Work Session that date, he did not know how much preparation time they would have. City Administrator Whiting noted there was also a Vikings game scheduled for that evening, if they were looking for attendance. Mayor Coughlin stated the options would be one week earlier, with a spill over date, or a week later, although this might conflict with people's vacation plans. Council Member Thomason suggested they let the December 6 date stand. Mayor Coughlin noted that one resident traditionally attempts to attend most meetings, and if a continuation of the meeting is necessary, they may wish to incorporate it to 7:00, and hold the actual Council Meeting of that date, after those proceedings. Finance Director Kessel advised that the continuation meeting is not supposed to be held during a regularly scheduled Council Meeting. Mayor Coughlin stated they could hold the Council meeting immediately following the Truth in Taxation meeting. Mayor Coughlin inquired if it was the consensus of the Council to hold the Truth in Taxation • meeting on at 6:00 p.m. on December 6, and if it requires to be continued, the continuation be held at 7:00 p.m. on December 13. Mounds View City Council September 13, 1999 Regular Meeting Page 29 MOTION/SECOND: Thomason/Stigney. To Set the Truth in Taxation Hearing for 6:00 p.m. on December 6, 1999, in the Council Chambers, and Should it Need to be Continued, the Continuation be held at 7:00 p.m. on December 13, 1999, in the Council Chambers, and to Include the Consideration of Items 1 and 2 of the Resolution as well. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney stated he did not have a copy of the resolution, and inquired if the information provided was strictly preliminary. Finance Director Kessel stated this was correct. He explained the amounts stated could not be exceeded, however, they could be amended downwards. K. Consideration of Resolution 5368, a Resolution Authorizing an Increase in the City's Property Tax Rate for the Year 2000. Finance Director Kessel provided the Council with a copy of a facsimile from Ramsey County which lists the preliminary tax capacity and market values for payable 1999 and 2000 taxes. He explained the total tax capacity value for local rates has increased by $245,192.00 for pay in 2000, versus pay in 1999. He explained that this represents an approximate increase of 5 percent in the City's tax capacity. Finance Director Kessel stated the City's levy limit is less than one percent based upon the formula that the state utilizes. He explained this represents a tax rate increase. He explained that although the denominator is increasing more than the numerator, the rate would actually go down, however, the method the state uses to calculate the property tax increase indicates that rt has increased. Finance Director Kessel explained that in order to levy the maximum levy, the state requires there be a resolution on the books authorizing an increase in the tax rate as they define it, and this is required to be completed prior to October 20. MOTION/SECOND: Stigney/Marty. To Approve Resolution No. 5368, a Resolution Authorizing a property Tax Rate Increase for the Year 2000, Pursuant to Stated Statutes. Ayes - 4 Nays - 0 Motion carried. Council Member Thomason was not present for the vote. L. Consideration of Ordinance 641, an Ordinance Implementing a Franchise Fee on Electric and Natural Gas Utility Companies for the Operation of the Utility with the City. L.1. First Reading of Said Ordinance Finance Director Kessel stated this was the First Reading of Ordinance 641. He explained that • this ordinance was the same as the ordinance approved the previous year, with the exception of the addition of Reliant Energy/Minnegasco. He stated the item that should be considered prior to Second Reading and adoption of this ordinance is Subdivision 3, the amount of the Franchise Agreement. He stated there has been some discussion in the past regarding lowering the feet to Mounds View City Council September 13, 1999 Regular Meeting Page 30 two percent, and also discussion regarding increasing the fee and earmarking a portion of it to a street reconstruction fund. He explained that the language currently indicates the Franchise Agreement of the sales of electric and natural gas within the City will be 2.5 percent, which is the present rate. Finance Director Kessel stated another item for consideration is Section 8, the Sunset Clause, which indicates the ordinance will automatically sunset on December 31, 2001. He explained when the ordinance was originally adopted, it was for afive-year term, and in the last two years it has been one-year terms. He advised if some of the money was to be earmarked towards a street reconstruction fund, he would recommend that the term be a minimum of three to five years. Finance Director Kessel stated the ordinance has not been reviewed by the City Attorney, Reliant Energy/Minnegasco, or Northern States Power, however, staff will submit a copy to them if the Council is in favor of moving forward. He stated it was preferable to adopt the ordinance in October to provide the notice that is required under the Franchise Agreements to both Reliant Energy/Minnegasco and Northern States Power to provide they have it on their books prior to January 1, 2000. Council Member Marty stated he had discussed this matter with City Administrator Whiting, that date. He noted the ordinance indicates Northern States Power (the Company) under Subdivision 2, and only contains mentions of Minnegasco. He inquired if this was sufficient to identify the parties to the Franchise Agreement. Finance Director Kessel explained that in Subdivision 2, Northern States Power Company is defined as (the Company), and Reliant Energy Minnegasco is defined as (Minnegasco). City Attorney Long explained they could insert Northern States Power wherever (the Company) is indicated. Finance Director Kessel stated if the Council so desired, the ordinance could be amended to reflect that. He reiterated that the language had not been reviewed in detail by the City Attorney, and that prior to its adoption, this would be done. Council Member Marty noted they were in the process of implementing a new street policy to reduce the burden of assessment to the residents by 50 percent. He commented that through the Franchise Fee, they might be able to earmark monies to the Streets Policies Committee, to build a fund. He suggested the ordinance be adopted for athree-year term, after which they can revisit the issue in 2002. Council Member Stigney commented that there has been discussion regarding setting up a fund and utilizing a franchise fee, or increasing a franchise fee, to offset the burden of street reconstruction of properties. He stated he was opposed to increasing any franchise fee. He explained that the money was there, and he felt they should be allocating some of the money that is there on the present percentage for the streets, and begin to reduce the amount they are collecting from the taxpayers in the General Fund, which is $240,00 to $260,000. • Finance Director Kessel stated at 2.5 percent of this is approximately $200,000. Council Member Stigney stated this was an additional flow of money that is coming into the City, which in his opinion, should be utilized to directly offset what is being taxed from the Mounds View City Council September 13, 1999 Regular Meeting Page 31 residents to the General Fund. He explained that they should reduce what they were asking the • residents to pay out of the General Fund, rather than increasing a franchise fee. He reiterated he was opposed to increasing the franchise fee, and that he would like to see it reduced, or reduced off of the General Fund. C~ Council Member Stigney stated the sunset clause was previously indicated as a two-year term, and Council Member Marty requested three years. He stated he would like to see the franchise sunset clauses are for terms of one year, because Council Members change quite often, and he did not like the idea of one Council locking another Council into a decision they did not make. He stated they should let the people on the Council make that decision every December 31, in time for whatever action is needed. Mayor Coughlin stated this was the First Reading of this ordinance, and it would be subject to further discussion during at least one Work Session. He explained they could, as a formality pass the First Reading as written, and then add whatever verbiage they would like at a future date, through determination at a Work Session. Council Member Thomason stated she would move approval of the First Reading with the discussion at a future Work Session, prior to the Second Reading. Council Member Stigney stated he would second the motion with the stipulation that they address the views and comment brought forward at the meeting. MOTION/SECOND: Thomason/Stigney. To Approve the First Reading of Ordinance 641, an Ordinance implementing a Franchise Fee on Electric and Natural Gas Utility Companies for the Operation of the utility Within the City of Mound View, with Discussion at a Future Work Session Prior to the Second Reading, and with the Views and Comments Brought Forward at the Meeting to be Addressed. Ayes - 4 Nays - 0 Motion carried. L.2. Set Date for public hearing and second reading of said Ordinance for 7:15 p.m., on October 11, 1999 MOTION/SECOND: Coughlin/Thomason. To Set Date for Public Hearing and Second Reading of Said Ordinance for 7:15 p.m., on October 11, 1999. Ayes - 4 Nays - 0 Motion carried. M. Approval of Applicant Hiring for Assistant to the City Administrator Position. • City Administrator Whiting stated he had come to an agreement regarding the applicant whom he believed to be the top candidate for the Assistant to the City Administrator position, that afternoon. He stated he had prepared a memorandum in that regard, which indicates as follows: "I received 30 applications for the position of the Assistant to the City Administrator. I interviewed five of these individuals. I felt three candidates in particular stood out, and I am recommending Givonna Reed to fill the position. Ms. Reed is currently the Director of Mounds View City Council September 13, 1999 Regular Meeting Page 32 Community Initiatives for Summit Academy, OIC, and previously worked for two years with the City of Minneapolis as Assistant to the City Council Vice President, which is one of the Council Members. She has a Masters degree from Hamline University, and also worked as a research assistant for the Minnesota Senate. I found Ms. Reed to be confident and articulate, with a career interest in city government, hence her interest in the position, and I feel that she will make an excellent addition to the City staff. I also contacted several of her references, some of which are familiar to me, and found them to be enthusiastic about her and her abilities. Ms. Reed and I have discussed employment terms, and reached agreement on the following items today. Her starting pay would be at Step 2, which is $39,397 of the pay plan for this position, with an adjustment to Step 3, which is $42,966, in six months, pending a satisfactory performance evaluation. Succeeding Steps would proceed annually. She will also be granted five days of vacation banked, and six days of sick leave banked, upon starting. These two conditions in the Step 2 start reflect an acknowledgement of Ms. Reed's current work history and pay level, and a level currently commensurate with this position is the position Step 4. All of the personnel policies would apply normally. Her start work date would be October 4. These terms are conditional upon Council approval, only after which she will notify her employer. I think the Council will be as equally pleased as I am with Ms. Reed and her abilities. Her work suggests a strong commitment to community issues, and the ability to work with the public in a forthright manner in addressing the work before her. I again recommend her strongly for the position and ask approval of her hiring with the conditions outlined above." Council Member Marty noted the starting pay would be Step 2, at $39,397. He inquired if Ms. Reed would be taking a pay cut to accept this position. City Administrator Whiting stated that Ms. Reed has an interest in city government administration, and views this position as gaining a foothold into the profession, so that she can pursue it as a career. He stated for that reason she is willing to consider less than what she is presently earning, however, at some point, the money does become an issue. He stated he had looked at starting at Step 2, with the normal process through the Steps. He stated he had also discussed the pay plan adjustment at the first of the year, pending Council approval, which helped make the offer a bit more attractive. City Administrator Whiting explained in regard to the days of vacation and sick leave, he had found quite often when hiring administrative staff, that they are currently receiving something either in excess of that, or are looking for that. He stated if Ms. Reed does not get sick, this would not present a problem, and the five days of vacation is budgeted, and he did not think this would represent a burden to the City. Council Member Marty stated he knew another of the candidates, and found that individual to be quite capable as well. He stated if City Administrator Whiting felt this to be his best choice, he would be in favor of that. . Council Member Stigney inquired regarding the Step 5 salary at this level. Mounds View City Council September 13, 1999 Regular Meeting Page 33 City Administrator Whiting stated he was uncertain, however, he believed it was approximately $46,000. He stated this would change by the time the applicant attained this level. Council Member Stigney inquired regarding the nature of Ms. Reed's Masters Degree. City Administrator Whiting stated this was in Public Administration. Council Member Stigney stated they were duplicating exactly what they did with the former Assistant to the City Administrator, Cari Schmidt. He stated they were hiring someone with a Masters Degree who wanted to get their foot in the door, gain some experience, and then move on. He noted she was willing to take a pay cut in order to do so, however, within a very short time, she would be back to her present pay level, and would now have experience to move on. He stated, in his opinion, this is not the type of people they should be hiring into the City. He stated he opposed this particular candidate, in that he did not see any long-term benefit for the City. He reiterated he did not think this was the type of candidate to hire. Council Member Stigney stated he believed they should hire people pursuant to the employment policies, rather than waiving the policies every time they desired to hire a new applicant. He stated there were 30 applicants, and he felt that some of the applicants would be able to work within the City's original policies, in regard to vacation and sick leave. Council Member Stigney inquired if City Administrator Whiting was aware of his reservations regarding whether or not the position is necessary. He stated perhaps if the City Administrator Whiting would take more interest and time in handling the internal administration of the City, he would not think this position would really be required. He stated if rt were required, he believed they should be looking at the staffing options of how to handle it. He explained that there is presently a secretary, and that position could be an elevated secretarial position that could handle the secretarial duties as well as assist the City Administrator with the administrative duties, and incorporate these into one individual. Council Member Stigney stated that if they were going to maintain the staffing of a secretary and an assistant, the assistant position should be handled on an intern basis. He explained that the intern would move one, however, would be very interested in learning, and would come in at a lower rate, and work very hard for it. He stated, in his view, the proposed candidate would come in at a high rate of salary, which would increase very shortly, and move on. He stated he did not support this item. Mayor Coughlin stated he thought it unfair to cast dispersions on the City Administrator in terms of what he does or does not do. He stated he works with City Administrator Whiting very closely as Mayor, and attends many of the same functions both within the City, and outside the boundaries of the City, and he thought Council Member Stigney's statements could be construed as damaging to Mr. Whiting's character. Council Member Stigney stated this was his opinion, and that City Administrator Whiting is aware of his opinion. He explained that he did not state City Administrator Whiting did not require anybody to assist him, and if in fact he does require an assistant, it should be someone who comes in to assist him. He stated to his knowledge there were City Administrators in the past who were able to effectively run the City without any assistance. He commented that now that they have all of the technology and the prices and fees are higher, they can not operate without an assistant. He stated he questioned this. Mayor Coughlin remarked that people used to run around in horse and buggies, too. He stated that things change. He explained the demands on city government, both from rules and regulations from above, and demands from the residents for further goods and services, continue to rise, and those demands have to be met. He stated, although Council Member Stigney's opinion is just, stating it in a public manner, as part of the official record of the City, he felt was inappropriate. Council Member Stigney stated he disagreed. He stated this was a public forum, he was a public Council Member, and this was the discussion for determining whether or not a position is necessary, and the type of person being considered. Mayor Coughlin stated that this was very nearly approaching a personnel matter. Council Member Stigney stated he was discussing whether or not a City Administrator function requires an assistant, and if so, what other methods of staffing might be able to handle it. He added if there were none, they should consider an intern position. Mayor Coughlin commented that Ms. Reed, contrary to what was indicated, would not only be taking a pay cut, but would have to enter into her third year of employment with the City of Mounds View to attain what she is currently earning. He stated she would not be coming into • the City and immediately earning a high salary. He explained that Ms. Reed would actually be earning less than former Assistant to the City Administrator Schmidt did m the same position, which represents a savings to the City. Council Member Marty inquired regarding the term and salary of Step 1. City Administrator Whiting stated this was typically a six month term, and the salary is five percent lower than the stated Step 2. Council Member Marty stated, therefore, they would be starting Ms. Reed at the six-month period. He commented that if she were in this for the money, she would not accept this job and take a pay cut. He stated this proposal would obtain someone for the City with a Masters Degree in Public Administration, and accelerate her pay level by six months. Council Member Stigney stated this would add another the burden to the taxpayers of the City, which he does not feel is justified. He stated that if someone is needed, they should be looking at a different person to fill this position. He stated he had provided options of how to do this. He stated an individual who indicates they want to get some experience to move on is the wrong candidate. He reiterated that an intern or a restructuring of the secretarial position would be appropriate. Mayor Coughlin stated he would not want to "invest in stock for gold watches" for any . government employee whether with the City of Minneapolis or Mounds View. Council Member Stigney stated they have a City Administrator, and are not hiring someone to run the City. He stated they were hiring someone who assists in running the City. Council Member Thomason stated Council Member Stigney had brought forward some valid concerns. She stated in regard to someone coming in and using the system in order to get their "feet wet, "having been in management and a supervisor for approximately 20 years, that is the name of the game, and is why you would accept a position. She stated the average length of employment of a person coming in to a position is approximately three years, because they do want to gain experience and then move on. Council Member Thomason stated she had come into a position as an assistant to her manager, when she was in mortgage banking. She explained that if she was not promoted within a year and a half, she was going to move on, because the point was to become a manager herself. She explained she had done this several times, adding that when you get into upper management, this is the name of the game. Council Member Thomason stated that this would be an ideal position to fill with an intern, a secretary or an assistant, however, in today's work force this is par for the course. She stated Ms. Reed has indicated she would like to make a commitment, and it will be three years before she will be earning her currently salary. Council Member Stigney stated this was his point in regard to an intern, because the person would not be staying with the City regardless. He stated that if they are looking for someone to remain with the City, they should consider elevating a secretarial position to perform both functions, which would probably provide for along-term person. Mayor Coughlin stated that essentially they were not dust hmng a warm body, they were hmng a collection of skills and abilities. He explained that if you want a particular level of skills and abilities you have to pay for it. City Administrator Whiting stated he certainly took all the comments into consideration. He stated Council Member Stigney was correct in that he is aware of his position on this matter. He stated they had discussed this on several occasions, and certainly disagreed. He stated it was not so much that he disagreed with Council Member Stigney's point of view, but that he was attempting to exercise his judgement in regard to what is best for the City and the City Council, not just himself. He stated he believed that by investing in good people, based upon their abilities, the return you receive for the investment makes sense. He stated that if the employee is good enough to move on in time that is acceptable. He explained that not everyone is motivated by finances, and most people who enter the public service field are not motivated by the money that they make. City Administrator Whiting stated he believed that the individual he has indicated will do a very good job. He stated regardless of how the vote goes, if the hiring is done, he would certainly hope and request that the Council would support the individual once that position is in place, regardless of the non-personal nature of the viewpoints expressed. He stated those matters were always up for scrutiny, however, he believed the intentions were honorable. He stated that some of the issues brought forward could certainly be discussed, whether they are in regard to where • his time is spent, or where the Council wants him to spend his time, and he is open to that discussion at any time. Council Member Stigney stated his assumption is that this salary range is based once again on • Stanton Survey of cities up to 25,000 population. City Administrator Whiting stated this is not entirely correct. He explained that in general, that is still the City's policy, however, as he has indicated in the past, there are ways of dealing with this if that policy is to be changed. He stated he is presently faced with the problem of having no one to assist him in making those changes, and this is one of the duties that this position would perform. He stated he was open to suggestions in regard to the pay plan. He stated that if they could come to some agreed upon methodology for determining a pay plan, and the size and scope of City personnel he would be happy to have that done. He stated neither the Council nor himself wanted to go through this every single time they consider some type of a personnel issue. Council Member Stigney stated they already have a suggested list and policy in place for how to accomplish this using tax capacity, however, they don't seem to be able to get the matter addressed or approved. He stated he hoped that during the next Work Session they could address the issue, and finally approve a method that will have some meaning. MOTION/SECOND: Coughlin/Marty. To Approve the Offering of the Position to Givonna Reed for the Terms Stipulated in City Administrator Whiting's Memorandum Dated September 13, 1999. Ayes - 3 Nays - 1 (Stigney) Motion carried. . Mayor Coughlin requested the City Administrator contact Ms. Reed at his earliest convenience. N. Consideration of Resolution 5345, a Resolution Approving a Conditional Use Permit for an Assisted Living Senior Residential Facility at 2670 County Road I, requested by MSP Real Estate. Planning Associate Ericson stated at the last meeting of the City Council, on August 23, in conjunction with the First Reading of the rezoning ordinance, a public hearing was held for the Conditional Use Permit request by MSP Real Estate, and discussion took place regarding this particular use. Planning Associate Ericson stated staff was directed to draft a resolution of approval, Resolution 5345, which is presently before the Council. He explained that the criteria for approving a Conditional Use Permit for this use are met and satisfied. Planning Associate Ericson stated staff has added stipulations which include that the developer record the Conditional Use Permit with the County, and the applicant apply for and receive approval of a Development Review for this project. He noted that the use would be allowed to display facility identification signage, which would be reviewed at the Development Review stage, and is not to exceed 32 square feet, and not to include any incidental or directional signage. Planning Associate Ericson indicated that all state laws and statutes governing such uses would be adhered to, and the facility will be secured at all times to protect the health and safety of the facility residents. He added that the use would be subject to parking requirements equivalent to one space for every three beds, and one stall for every employee on the shift having he most ~~ ~~ personnel present, as was discussed in the code amendment ordinance considered earlier in the evening. MOTION/SECOND: Marty/Thomason. To Approve Resolution No. 5345, a Resolution Approving a Conditional Use Permit for an Assisted Living Senior Residential Facility to be Located at 2670 County Road I; Planning Case No. 559-99. Ayes - 4 Nays - 0 Motion carried. O. Consideration of Resolution 5372, Authorizing Interfund Advance from Special Projects to Golf Course. • This Item was removed at the request of the Mayor, and discussed during the consideration of Reports. 11. Next Council Work Session: Next Council Meeting: 12. ADJOURNMENT Monday, September 20, 1999 - 6:00 P.M. Monday, September 27, 1999 - 4:30 to 7:00 P.M. Monday, September 27, 1999 - 7:00 P.M. MOTION/SECOND: Thomason/Stigney. To Adjourn the City Council Meeting at 9.59 p.m. Ayes - 4 Mayor Coughlin adjourned the meeting at 9:59 p.m. Transcribed and recorded by: Trish Pearson Timesaver Off Site Secretarial, Inc. Nays - 0 Motion carried.