HomeMy WebLinkAboutMinutes - 1999/12/23•
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PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
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1.
2.
MEETING IS CALLED TO ORDER
Regular Meeting
December 13, 1999
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:05 P.M.
ROLL CALL: Coughlin, Marty, Stigney and Thomason.
NOT PRESENT: Quick.
3. APPROVAL OF AGENDA
A. Monday, December 13, 1999, City Council Agenda
Mayor Coughlin asked the Council if anyone would like to add items to the agenda.
MOTION/SECOND: Marty/Thomason
Agenda as Presented.
Ayes - 4
4. APPROVAL OF MINUTES
To Accept the December 13, 1999, City Council
Nays - 0 Motion carried.
A. Monday, November 22, 1999, City Council Minutes
Council Member Marty requested a correction to Page 1, Item 4-A, second paragraph, to indicate
"MOTION/SECOND: Quick/Marty.
Council Member Marty requested a correction to Page 3, second paragraph, first sentence, to
indicate "...where there was approval..."
Council Member Marty requested a correction to Page 3, third paragraph, first sentence, to
indicate "...the needs of the school as it relates to space, air..."
Council Member Marty requested a correction to Page 5, sixth paragraph, second sentence, to
indicate "He further recommended that the Council..."
Council Member Marty requested a correction to Page 7, second paragraph, third sentence, to
indicate "Chamber of Commerce and the community."
Council Member Marty requested a correction to Page 7, sixth paragraph, fourth sentence, to
indicate "...which are more expensive, however, the delivery... "
Mounds View City Council December 13, 1999
Regular Meeting Page 2
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Council Member Marty requested a correction to Page 10, sixth paragraph, first sentence, to
indicate "The Planning Commission, as the City's advisory commission..."
Council Member Marty requested a correction to Page 12, second paragraph, to omit the second
word "if," and to indicate "Mayor Coughlin inquired if this would be based upon..."
MOTION/SECOND: Marty/Stigney. To accept the November 22, 1999 City Council minutes as
corrected.
Ayes - 4 Nays - 0 Motion carried.
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B. Monday, November 22, 1999 Public Hearing Minutes
C. Monday December 6, 1999 Truth in Taxation Minutes
MOTION/SECOND: Marty/Stigney. To accept the November 22, 1999 Public Hearing minutes
and the December 6, 1999 Tnrth in Taxation minutes as presented.
carried.
Ayes-4
Nays - 0
Motion
5. SPECIAL ORDER OF BUSINESS
A. Recognition of Kristin Lavine, Mrs. Mounds View.
Mayor Coughlin stated it was his pleasure and honor to introduce to the City Mrs. Mounds View,
Kristin Lavine. Mrs. Lavine is an active member in Abiding Savior Lutheran Church, and has
been involved with the Mounds View Community Center Teen Night program, the Festival in
the Park, and a variety of other activities within the community.
Mrs. Mounds View, Kristin Lavine stated she has resided in Mounds View for two and a half
years, and in that time, she has grown very fond of the community. She stated she is a member
of Abiding Savior Lutheran Church, and is involved in the Community Center functions,
including the Teen Night program, which services she is very proud of.
Mrs. Lavine stated is proud to represent Mounds View in the Mrs. Minnesota Pageant. She
explained that this is the premiere pageant in Minnesota, which recognizes marriage and family
values, and requires the contestants to have a platform. She indicated her father has
Huntington's Disease, and therefore, she has chosen this as her platform. She explained that
Huntington's Disease is a genetic, neurological disorder, affecting 40,000 Americans, and the
children of a parent with this disease stand a fifty percent chance of contracting it, as well. She
stated it is her belief that there will be a cure for this disorder in the near future, and her hope that
this will be the last generation affected by Huntington's Disease.
Mayor Coughlin thanked Mrs. Lavine for her comments and extended his congratulations to her.
He noted that later in the evening, the current Mrs. Minnesota, Dee Henderson would be joining
• the meeting, at which time the Council would pause to recognize her.
6. REPORTS
Mounds View City Council December 13, 1999
Regular Meeting Page 3
Council Member Stigney reported he attended the December 1, 1999 Planning Commission
meeting, where there was discussion regarding the Sunrise Methodist Church request for a
conditional use permit and development review. He noted this item was listed on the Council's
agenda for discussion that evening. He indicated there was consideration of a resolution
regarding the TOLD Development Company proposal for a Walgreen's drugstore to be located
across the street from City Hall.
Council Member Stigney stated the Planning Commission also held discussion relative to
Ordinance 642, an ordinance amending the Zoning Code pertaining to driveway widths and curb
cuts. He advised that the first reading of this ordinance was scheduled for Council consideration
on the current agenda.
Council Member Thomason reported she and City Administrator Whiting attended the week long
National League of Cities conference, which was held in Los Angeles, California, on November
30, 1999. She indicated this was her first such conference, and she found the many classes and
seminars to be very informative. She stated it was wonderful to meet all of the people attending
the conference, and to learn that Mounds View is not unlike many other small towns in the
United States. She commented this event was a good repoire building and information gathering
opportunity.
Council Member Thomason explained that she is still in the process of reviewing much of the
information she obtained at the conference, and is attempting to share this information with the
• Council. She advised that the conference provided many wonderful tools, and invited interested
parties to review the tapes, which are available in the Council office.
Mayor Coughlin reported he and Council Member Thomson attended the greater St. Paul area
Prayer Breakfast, which was a wonderful time of fellowship with dynamic speakers and singers,
and was a very enlightening and positive experience. He indicated he intends to continue to
attend these functions in the future.
Mayor Coughlin reported that a few weeks prior, a meeting was held in Council Chambers to
discuss the environmental impacts of the proposed Anoka -Blaine Airport expansion. He
indicated that State Representative Barbara Haake was present at this meeting, as well as a
number of individuals from various environmental groups. He stated this was a very long
meeting, lasting almost four hours, and he participated in the discussion until approximately 2:00
a.m. He stated it was a pleasure to have so many ultra-educated individuals in the Chambers,
and a wonderful, dynamic discussion, which would continue in this vein in the future.
Mayor Coughlin stated the Pinewood Elementary School Facilities Task Force, of which he is a
member, is continuing to meet on a frequent basis. He indicated there has been significant
progress with regard to the expansion and redesigning plans, and it is hoped that they will meet
their goal of making that facility more available, and providing even more educational
opportunities for the children, by the end of the year.
Mayor Coughlin reported that the previous Tuesday, the Council and the City Administrator met
in Retreat, to discuss a variety of issues that may impact the budget year of 2001. He indicated
City Administrator Whiting would provide a summary of this discussion later in the evening.
Mounds View City Council December 13, 1999
Regular Meeting Page 4
Mayor Coughlin reported he attended the Chamber of Commerce meeting in Council Chambers,
along with Representative Barbara Haake, and Joseph Murphy, Assistant to County
Commissioner, Tony Bennet, to discuss the difficulties presented with the naming of the two
Highway lOs, and the ongoing problems related to the existing signage. He advised that the
Council would discuss this matter further, later in the meeting.
Mayor Coughlin reported he attended the final Ramsey County League of Local Government
meeting of the year, which was a good meeting, with a wonderful group of individuals that he
has attempted to work with on an ongoing basis. He advised that this was a wonderful
opportunity to touch bases with these knowledgeable people, and to attempt to coordinate their
efforts, to provide more "bang for the buck" in each of their towns.
Mayor Coughlin stated some time ago, the Council received a letter from Mr. Richard
Vandevere, requesting discussion of the City's policy with regard to semi-tractor and truck
parking. He indicated Mr. Vandevere is unable to attend most of the Council Meetings, due to
his work schedule, however, he has requested this matter be brought forward to the Council on
his behalf. Mayor Coughlin stated it would be in order to schedule this matter for discussion at
an upcoming Work Session, and inquired if this was the consensus of the Council.
The Council agreed.
At this time, Mayor Coughlin noted the arrival of Mrs. Dee Henderson, the reigning Mrs.
Minnesota, and offered her the floor.
• Mrs. Minnesota Dee Henderson extended her a olo ies for her late arrival notin that as a
p g g
Mom involved in her children's activities, she had frantically driven from music lessons. Mrs.
Henderson stated it was quite an honor for Kristin Lavine to represent the City of Mounds View
in the upcoming Mrs. Minnesota International Pageant. She explained that this pageant
recognizes married women who have a commitment to marriage, family, community service, and
a platform upon which they speak, through their reign as a City, and then County title holder.
She added that more importantly, if the contestant wins the title, they will have the opportunity to
speak out on their platform, throughout the State of Minnesota.
Mrs. Henderson stated Mrs. Lavine has chosen Huntington's Disease as her platform, and this is
a very important issue for people be aware of, as it is a disease that may not touch us personally,
however, may affect those that we love and care about.
Mrs. Henderson indicated her platform was adoption. She stated she and her husband adopted
their daughter from Russia, thereby providing her the opportunities she likely would not have
otherwise had. She stated her message throughout the State, since she was crowned Mrs.
Minnesota, is that each one of us has the capability and the power within us to change a child's
life through adoption. She stated it has been very exciting to speak throughout the State, and to
be a part of the Council Meeting.
Mrs. Henderson stated Mrs. Lavine has been out and about representing Mounds View for a
short while, and during that time, she has had the opportunity to see her and attend some of her
appearances. She stated Mrs. Lavine has done a great job so far, and wished her the best of
luck, adding that she hopes that she will have some good news, and more crowns to bring back to
Mounds View in March.
Mounds View City Council December 13, 1999
Regular Meeting Page 5
Mayor Coughlin thanked Mrs. Henderson for her comments.
A. Y2K Update.
City Administrator Whiting stated that over the last 18 months to three years, there have been
some concerns regarding the upcoming change in the calendar, and some particular concerns for
cities and governments throughout the country. He advised that the City of Mounds View has
taken a number of steps to insure that all of the systems that are affected by the change in date,
particularly through computer language, will be functioning properly.
Assistant to the City Administrator Reed reported that the City was approved for expanded Y2K
insurance coverage, on November 22, 1999, through the League of Minnesota Cities. She
advised that the cost for this insurance will be approximately $3,400 per year, for 1998/1999, and
1999/2000. She noted that although the premiums were somewhat higher than expected, they
will cover the City indefinitely, either until the City is no longer a member of the League of
Minnesota Cities, or the coverage is exhausted. She explained that there is a 15 percent policy
deductible, with coverage of $750,000 annually, and any remaining amount to be out-of-pocket
expense.
Assistant to the City Administrator Reed explained that the City's contingency plans have been
organized by department, and each department has made an effort to insure that all systems will
be operational on December 31. She indicated that the Fire, Ambulance, and Police Departments
will have officers on patrol in squad cars throughout the City, and if, for example, telephone
service is interrupted, the Police Officers will be able to make any necessary announcements
over public address systems, to residents in their homes. She explained that if residents do not
have telephone service, they can go to the patrolling Police Officers, and make telephone calls
for ambulance or fire services via their cellular telephones.
Assistant to the City Administrator Reed stated for the most part, the Public Works Department
systems can be manually operated, and there are generators for the water system, in the event
water service can not be provided electronically. She stated the City also shares a water system
with the cities of Spring Lake Park, New Brighton and Fridley, which will provide fresh water,
in the event the City's water system should fail. In terms of financial applications, the issuance of
payroll checks could potentially be the most difficult task, however, this and other financial
functions can be performed manually.
Assistant to the City Administrator Reed stated three Fire Chiefs will be available, and 20 Fire
Fighters will be located at five fire stations, including the Mounds View Fire Station. Police will
have a total of eight staff on duty, including one sergeant, two officers, two patrol officers, the
Lieutenant, the Police Chief, and the Administrative Assistant. The Department of Public Works
will have three staff members on duty, including asewer/water operator, a wastewater operator,
and a presently unidentified member of staff, and the City Administrator, the Finance Director
and one City staff member will be on call.
City Administrator Whiting stated staff is confident this will be a typical New Year's Eve, with
. the typical considerations. He stated staff has not been informed by any of the utility providers
that there are any foreseeable problems with the City's system. He indicated approximately
$75,000 has been invested in the water system to maintain operations. He explained that the City
Mounds View City Council December 13, 1999
Regular Meeting Page 6
has had some problems with regard to maintaining water in the system due to some inaccurate
readings on the computer, however, staff does not foresee anything of that nature occurring on
New Year's Eve. He pointed out that in the event something does occur, it can be taken care of
manually. He advised that staff was preparing for normal stand-by readiness for this night,
during which many people will be celebrating, and expects that things will be relatively calm in
Mounds View.
Assistant to the City Administrator Reed added the City has received a number of letters from
vendors, indicating they are Y2K compliant, which was required for insurance purposes, and
staff has checked with those people who do provide service to the City.
Mayor Coughlin inquired if the Police and Fire Department personnel, who will be on call and
present within the community, will be available for the entire night. Assistant to the City
Administrator Reed stated they would, however, those individuals who are on call will not be on
site, but rather dispersed throughout the area.
Mayor Coughlin pointed out that some churches and other civic oriented organizations have
made preparations for this event as well. Assistant to the City Administrator Reed stated this
was correct. She added that staff has received a number of inquiries from residents, and has
responded to each individual inquiry with information specific to the area of concern.
Mayor Coughlin requested Assistant to the City Administrator Reed provide an overview of the
recommended steps that citizens should prepare for, in the event of a Y2K related occurrence.
Assistant to the Cit Administrator Reed noted an in i i u 1 h d c n a ted staff re ardin a
y dvd a a o t c g g
concern related to plumbing, and whether or not she should prepare some type of out-house
facility, however, staff does not believe anything this serious in nature is likely to occur. She
advised that the recommended amount of water to keep on hand is one gallon per day, per
individual. It is also recommended that battery-operated radios, flashlights, canned food,
blankets, and candles be kept on hand, as well as cellular telephones, if available.
Mayor Coughlin stated it has frequently been recommended that one should prepare in the same
manner they would for athree-day snowstorm. He advised that the City has its own generators
for the water system and the lift stations, therefore, those systems should be fully operable. He
noted the incentive of money is present in terms of telephone service, therefore, it is unlikely this
service will go unattended. He stated that Assistant to the City Administrator Reed was available
to answer telephone inquiries relating to this matter, and citizens may contact City Hall, and
request to speak with the Y2K Coordinator.
Assistant to the City Administrator Reed stated staff worked diligently to prepare and distribute
the Council packet. She noted there were a number of revisions to the Council Agenda, and
through E-mail, staff was able to distribute the packets in a shorter amount of time. She
extended her apologies for any inconvenience, and thanked the Council Members for their
patience.
City Administrator Whiting extended his congratulations to Mayor Karen Anderson of the city of
Minnetonka. He stated Mayor Anderson has won the nomination for Second Vice President of
the National League of Minnesota Cities, which puts her in line for the presidency in three years.
Mounds View City Council December 13, 1999
Regular Meeting Page 7
He stated this is a prestigious position, held by only two or three Minnesotans over the last 70
years.
City Administrator Whiting reported he had met with the Council at retreat, which was held at
the Northland Inn, in Brooklyn Center, the previous Tuesday evening. He indicated the purpose
of this meeting was to review the upcoming year, and to incorporate some teamwork into their
efforts. He stated each individual of the group mentioned the issues they felt were important at
this time, and in the upcoming year. He noted one suggestion, which should come to fruition in
the within the next two to three months, was the unanimous agreement to hold a City Council
Board and Commission Appreciation Dinner, to review some of the issues that affect the
Commissions and the Board in general. He explained that at the League of Minnesota Cities
Conference last year, Council Member Stigney won $1,000 for the City, and he has indicated his
desire to contribute to the cost of this dinner.
City Administrator Whiting stated he and the Council Members examined other issues they will
pursue within the upcoming weeks and months. He noted some discussion with regard to land
use development, related to the area surrounding the golf course, and the area south of Highway
118, extending to the eastern border of the community. He stated this area was discussed in
terms of how it is impacted by the wetlands, and the interest that has come forward regarding
development of the area.
City Administrator Whiting stated there was discussion of the trail system and park
improvements, and from these topics stemmed discussion pertaining to determining effective
• ways to serve the community in the upcoming year, and the issues presented with Highway 10,
and its impact on the community. He explained that City finances were also discussed, mcludmg
the budget, and the use of TIF funds, and there was some emphasis upon the housing stock, and
how it is shaping in relation to other communities in the Metropolitan area.
Council Member Stigney stated there was consideration of a raise for the City Council, which
idea he is strongly opposed to, however, he felt this subject should be brought forward, as it was
also discussed at the Council/City Administrator Retreat.
Mayor Coughlin stated this matter had been brought forward in the form of a suggestion, as well
as a suggestion of a possible meager stipend to offset the costs of time and gas for commission
members. He advised however, these matters would not be decided at retreats, but rather at
official functions, such as Council Meetings. He pointed out that these proceedings are a public
document, and any interested parties may request copies from City Administrator Whiting.
City Attorney Long advised that a meeting will be held in Senator Novak's office at 11:15 on
Thursday, to discuss legislative strategy relating to the airport issue, and to assist in the forward
progress of this matter. He indicated State Representative Haake will attend this meeting, and
there should be an interesting discussion in this regard.
Mayor Coughlin added he would also be attending this meeting.
City Attorney Long stated the meeting that was held in Council Chambers on Monday pertaining
. to environmental impacts, has led to a series of new points to discuss, as relate to legislation and
the merits of expanding the runway. He explained that the current discussion pertains to the
removal of approximately 150 acres of wetland to make room for the runway, however, this was
Mounds View City Council December 13, 1999
Regular Meeting Page 8
never clearly represented by the Metropolitan Airport Commission in previous discussions, and
did not become part of the legislative debate last year. He pointed out that now that this proposal
is on the table, and the Metropolitan Airport Commission has brought their plans forward to the
Watershed Districts, it has prompted many people to take another look at this issue, and this
should assist in their efforts tremendously.
No further reports were considered.
7. CONSENT AGENDA
A. Approve Just and Correct Claims.
B. Contractor Licenses for Approval.
C. Authorize Hiring Debbie Jaspers as PayrolVUtility Billing Clerk Effective
December 27, 1999.
D. Resolution No. 5404, Approving Personnel Policies Manual.
E. Resolution No. 5403, Approving Data Practices Procedures.
F. Resolution No. 5402, Regarding reappointment of Donald Wiski to the
Transportation Advisory Board.
G. Awarding of Bid for the Electronic Message Board.
Mayor Coughlin asked the Council if anyone would like to remove Items for discussion.
Council Member Stigney requested Items C and D be removed from the Consent Agenda for
further discussion.
Council Member Marty requested Item G be removed from the Consent Agenda for further
discussion.
MOTION/SECOND: Marty/Stigney. To Approve the Consent Agenda for Items A, B, E, and F
as presented.
Ayes - 4 Nays - 0 Motion carried.
Council Member Stigney stated he did not support Item C, Authorizing the hiring of a
Payroll/Utility Billing Clerk. He stated that this was an opportune time to research the
possibility of outsourcing this position, or making it a part-time position. He indicated the City
currently has electronic water meters, which are only read on a quarterly basis, therefore,
outsourcing, or a part-time position would better serve.
Mayor Coughlin stated staff has considered the outsourcing of this particular position. He noted
that the person who previously performed this job actually held two positions in one. He advised
that he did not believe it would be possible to further condense this function into apart-time
position.
• Council Member Marty stated that a previous staff report on this matter had indicated it was
more cost effective to operate this function within the City, as there had been problems in the
past, and a potential for numerous problems, which require the oversight of the City.
Mounds View City Council December 13, 1999
Regular Meeting Page 9
City Administrator Whiting stated staff has researched this matter. He advised that the work
performed by the outside consultant still requires to be reviewed and checked for accuracy on
• behalf of the City. He explained that he is aware of previous situations, where they have
outsourced utility bills, and actually had afull-time person on board to check the accuracy of the
work this service provided, and this person found several mistakes that amounted to
approximately $30,000 in one year. He indicated that these problems might be able to be
resolved, however, the larger issue is in teems of the customer service aspect of the utility billing.
He advised that much deeper discussion of this matter would be required in terms of outsourcing
this position to a firm which Mounds View residents would have to contact via the telephone or
the Internet, in order to resolve issues with their utility bills, rather than through City Hall.
City Administrator Whiting explained that the combination of these two considerations led staff
to believe that at this point, this is the most cost effective manner in which to proceed. He stated
staff could continue to research means to achieve some efficiencies through outside sources,
however, at this time, additional staffing would be required to do this. He pointed out that if they
actually found some savings, it would be in terms of the time of this employee, allowing them to
perform other tasks. He stated that three years prior, two people were performing this job, and it
has since been condensed down into one position.
Finance Director Kessel indicated that this individual would be hired at the Step 2 level,
however, the salary would be approximately the same as the starting salary of the previous
position. He advised that in the long run, this proposal would save several thousand dollars.
• Council Member Stigney stated he disagreed, and felt this was a somewhat biased report. He
advised that whether or not residents call outside the City to resolve water bill issues, this
process could be handled in the same manner as gas or electric utility services, which are also
outside the City.
Mayor Coughlin stated these services are performed outside the City, however, they are still an
in house consideration.
MOTION/SECOND: Marty/Thomason. To Approve the Consent Agenda for Item 7C, as
presented.
Ayes - 3 Nays - 1 (Stigney) Motion carried.
Council Member Stigney stated in regard to Item 7D, Approving Personnel Policies Manual, he
had submitted several changes to those procedures, which the Council chose to ignore. He
indicated the current proposal would have an adverse effect upon the taxpayers of the City, and
he does not support it.
Mayor Coughlin stated that "ignore" is a harsh and inflammatory word. He stated the Council
considered Council Member Stigney's list of suggestions, and to state that the Council ignored
them is incorrect.
Council Member Marty noted that during the previous discussion of this item, he did not have
his copy of Council Member's Stigney's suggestions, and he requested a copy, however, Council
Member Stigney did not have one. He stated he took exception to the statement that the Council
Mounds View City Council December 13, 1999
Regular Meeting Page 10
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ignored these suggestions, in that this matter was afforded the opportunity for consideration,
however, the presenter did not provide the information to the Council.
Council Member Stigney stated that all of his comments were provided to Council Member
Marty, as well as to the City Attorney. He reiterated he did not support this item, due to its effect
upon the taxpayers.
Mayor Coughlin stated as a point of order, major discussion of a motion must be made after there
is a motion to react to.
MOTION/SECOND: Marty/Thomason. To Approve Consent Agenda Item D as presented.
Ayes - 3 Nays - 1 (Stigney) Motion carried.
Council Member Marty requested clarification if Item G, Awarding of Bid for the Electronic
Message Board, in terms of how the monetary figures differed from the original amounts
discussed by the Council.
City Administrator Whiting explained that the same two bidders resubmitted their bids. He
stated the company who questioned the accuracy of the specifications rebid at a higher amount,
and the company who previously won the bid, resubmitted at approximately $4,000 less than
their original bid, therefore the total cost of the electronic message board will be between
$40,000 and $41,000.
Council Member Marty inquired if this would be approximately $4,000 m savings for the City.
City Administrator Whiting stated this was correct.
MOTION/SECOND: Marty/Thomason. To Approve Consent Agenda Item G, as presented.
Ayes - 4 Nays - 0 Motion carried.
8. UNFINISHED BUSINESS
None.
9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
David Jahnke, 8428 Eastwood Drive stated he had recently seen two articles printed in the
newspaper, and although he was uncertain if they were directed toward him, he would like to
clarify his position in this regard. He stated he has always maintained that he will ask the
questions, however, he has never accused anyone of any wrongdoings. He indicated he will hold
the Council and the City accountable for the things they do, and he will continue to ask
questions.
Mr. Jahnke stated he has friends who live in the city of Cambridge, and was uncertain if people
were aware of what has occurred in this city. He indicated this is a sad story, and he wished that
all of the Council Members would read about what had occurred, when the citizens did not
question the goings on m that village. He requested that when the Council Members have the
opportunity, they research this matter, and learn what occurred in Cambridge when no one was
Mounds View City Council December 13, 1999
Regular Meeting Page 11
held accountable. He pointed out that he was not implying that people in the City are not
accountable, however, when he hears of these matters, he will ask questions.
Mr. Jahnke stated he would be unable to stay for the remainder of the meeting, as he had a
family function to attend. He wished the Council Members happy holidays.
There were no further requests or comments from the floor.
10. COUNCIL BUSINESS
A. Public Hearing to Consider Resolution 5387, Approving a Conditional Use
Permit and Development Review for Sunrise United Methodist Church, 7687
Long Lake Road.
Mayor Coughlin opened the Public Hearing at 7:53 p.m.
Planning Associate Ericson stated the applicant, Vanman Companies, representing the property
owner, Sunrise United Methodist Church, is requesting approval of a conditional use permit and
development review to allow for the expansion of their Church facility located at 7687 Long
Lake Road.
Planning Associate Ericson stated the expansion of the existing 13,000 square-foot facility will
add approximately 7,5000 square feet of area, to be utilized as additional office space, a kitchen
area, multi-purpose space and an expanded Sunday school area. The worship area will also be
expanded and reoriented to accommodate more seating, mcreasmg capacity from the exisring
275, to the proposed 368.
Planning Associate Ericson stated the City Code requires churches and similar types of
institutional uses within the R-1 district to obtain a conditional use permit, however, Sunrise
Methodist Church does not have a conditional use permit. He explained that the Church existed
before the City was a city, and therefore, it predates the Zoning Code. He indicated that this
proposal presents an opportunity to make the requested alterations, and grant the Church the
conditional use permit that the City Code requires.
Planning Associate Ericson advised there are specific Code requirements with regard to churches
and similar uses, and these requirements are met. He indicated there are general conditional use
permit requirements that every conditional use must satisfy, which include not creating an
excessive burden on existing parks, schools, streets and other facilities, and screening and
appearance issues. He stated that all of the general requirements are met by this proposal, as
well as by the existing facility, and staff is not aware of any outstanding issues or problems with
regard to the facility.
Planning Associate Ericson stated in terms of the development review, all of the expanded areas
will match the existing architecture and style of the facility, and should compliment the facility
quite nicely. He noted that when the Church was reconstructed after undergoing irreparable
damage due to a tornado, the facility won an award for its design from an architectural group in
• Minnesota. He indicated that this is a rather prestigious award of which the congregation and the
Church are very proud.
Mounds View City Council December 13, 1999
Regular Meeting Page 12
Planning Associate Ericson stated all of the dimensional requirements for this use, the existing
use, and the proposed changes are met, with the exception of the parking lot setback along Long
Lake Road. He explained that the setback is only 2 feet from the property line, however, the
Code requires afive-foot setback. He indicated that staff and the Planning Commission
determined this should be approached simply as anon-conforming item, and if at some point in
the future, should the parking lot be reconstructed or re-paved, and it is possible to eliminate the
non-conformity, it would be done at that time. He advised that there is sufficient room on the
site, should the Church decide to alter the design of the parking lot in the future. He pointed out
that the proposed expansion will not alter the configuration of the parking lot, which is another
reason the Planning Commission determined it would not make sense to require the applicant to
address this issue, at this time.
Planning Associate Ericson stated there is a wetland on the property, however, it is located in
excess of 100 feet from any of the development areas, therefore, no Wetland Buffer Permits are
required. He explained there is extensive landscaping on the site, and some landscaping will be
removed with the expansion, however, the Church plans to replant and re-landscape this area.
He stated that given the extent of the existing landscaping, staff and the Planning Commission
felt it was unnecessary to require the applicant to submit any landscaping plans.
Planning Associate Ericson stated at their meeting on December 1, 1999, the Planning
Commission approved Resolution 598-99, which recommends approval of the requested
conditional use permit and development review. He explained that the resolution contains
stipulations, one of which indicates that the design and character of the expansion area meet,
match, and complement the existing architecture of the Church, which is the plan. He stated
another stipulation indicates that the existing non-conforming parking lot setback shall be
allowed to remain until such time as the parking lot is reconstructed or resurfaced.
Planning Associate Ericson stated there is a third stipulation in the resolution, which indicates
that two additional parking stalls are to be added, marked, and posted as handicapped, to comply
with ADA requirements. He advised that at present, there are two such stalls on site, and for the
amount of parking stalls the Church will be providing, the ADA sets the minimum number of
handicapped accessible parking stalls at four. Therefore, the applicant will be required to
designate two more stalls handicapped accessible, and post them as such. Planning Associate
Ericson explained that the two existing handicapped stalls are van accessible, therefore, the
applicant can utilize an existing stall, and will simply have to post a sign in front of the stall
designating it as handicapped parking.
Planning Associate Ericson indicated the last stipulation, which is present with all conditional
use permits, requires that the applicant record the resolution with Ramsey County, within 60
days of approval.
Planning Associate Ericson stated representatives of the Church were present to answer any
questions with regard to this proposal, and indicated that staff recommends approval of
Resolution 5387, approving the conditional use permit and development review for Sunrise
Methodist Church.
There was no public input.
Mayor Coughlin closed the Public Hearing at 7:59 p.m.
Mounds View City Council December 13, 1999
Regular Meeting Page 13
MOTION/SECOND: Marty/Thomason. To Approve Resolution No. 5387, a Resolution
Approving a Conditional Use Permit and Development Review Request for Sunrise United
Methodist Church, Located at 7687 Long Lake Road; Planning Case Nos. 574-99, 575-99, as
Amended to Waive the Reading.
Council Member Marty stated earlier that date, he had some questions regarding this proposal,
however, he had spoken with Planning Associate Ericson in this regard, and his questions were
answered sufficiently.
Council Member Stigney inquired if the Motioner had intended to waive the reading.
Mayor Coughlin inquired if the Motioner and Seconder would agree to waive the reading.
Council Members Marty and Thomason agreed.
Mayor Coughlin added that houses of worship, although sometimes receiving a "bum rap"
because they do not pay taxes, are some of the strongest cornerstones of any community. He
commented that it was a wonderful thing that a vibrant Church, which has existed for a number
of years, is currently taking such an upswing in attendance that it is necessary to expand in order
to accommodate its congregation. He stated this is a wonderful opportunity for the community to
re-invest in itself, and he is in favor of this proposal.
• Council Member Stigney noted that the year the tornado went through town, he had been caught
on the corner, next to Abiding Savior Lutheran Church. He stated his car had been demolished,
and he ran into the rectory of the Church. He commented that at that time, he was not certain
what had occurred, and wondered if, like a hurricane, the storm would hit again, however, the
Pastor assured him that it was a tornado, and had passed. He stated he remembered seeking
refuge in the Church at that time, and was in very much in favor of this proposal.
Ayes - 4 Nays - 0 Motion carried.
B. Public Hearing for the First Reading (Introduction) of Ordinance 642, an
Ordinance Amending Title 1100, Chapters 1104 and 1121 of the Zoning
Code, Related to Driveways and Curb Cuts.
Mayor Coughlin opened the Public Hearing at 8:01 p.m.
Planning Associate Ericson stated Ordinance 642 is proposed to make the Zoning Code
consistent with Chapter 902, which was recently amended with the Council's adoption of
Ordinance 640. He explained that in addition to resolving inconsistencies, this ordinance makes
changes to driveway and curb cut widths by zoning district.
Planning Associate Ericson indicated that the Planning Commission also viewed this as an
opportunity to look at other issues that it faces, with regard to driveway widths and curb cuts,
and the like, and have suggested some changes with these Chapters of the Zoning Code. He
indicated this matter was discussed at the Council Work Session on December 6, 1999, and
there have been some changes from the first version presented to the Council.
Mounds View City Council December 13, 1999
Regular Meeting Page 14
Planning Associate Ericson stated the first significant change is that driveway widths have been
removed from their currently obscure hiding place within the setback section of 1104.01, Subd.
• 4, and added to Section 1121.09, Subd. 1, "Dimensions" in a table. He indicated that The table
format is a new addition since Planning Commission forwarded this ordinance for Council
review-staff realized that in making the change to the R-1 district alone, driveway widths in
other residential districts had become undefined.
Planning Associate Ericson stated the ordinance creates a distinction between zero-lot line
subdivisions (separately owned side-by-side-twin homes) and duplexes, both of which are zoned
R-2. He advised that the Code currently allows properties in an R-2 district to have a 35-foot
wide driveway, however, because zero-lot line properties (such as the new twinhomes on Silver
Lake Road) are individual 50-foot wide parcels, the result could be 70 feet of driveway within
100 feet of the lot. He stated staff and the Planning Commission are confident that this was not
the intent of this provision when the Code was drafted.
Planning Associate Ericson stated the ordinance allows for wider driveways in an R-1 district,
increasing the maximum width from 35 feet to 3S feet or the width of the garage plus an
additional 12 feet. After much discussion, the Commission concluded that the 35-foot limitation
was too restrictive, especially for properties having wide three-car garages-the driveway could
not be as wide as the garage. This will resolve that, yet will also open the door for more cars on
a property and additional impervious surface. He explained that while both are legitimate
concerns, the Commission believed the benefits of the change outweighed the potential
environmental consequences and risk of abuse.
Planning Associate Encson stated it is possible that one other change could be made to the
ordinance, pertaining to Subdivision 4 of Section 1121.09, regarding angled parking dimensions.
Staff has become aware that the dimensions may be inaccurate, and do not take into
consideration other possible stall configurations. He indicated that staff will research this issue,
and if a change is necessary, will come back before the Council at their next meeting with a
revised angled parking dimension and graphic. He stated staff recommends the Council
introduce the first reading, and schedule the second reading of Ordinance 642.
There was no public input.
Mayor Coughlin closed the Public Hearing at 8:06 p.m.
MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve the First Reading of
Ordinance 642, an Ordinance Amending Title 1100, Chapters 1104, 1007, and 1121 of the
Mounds View Municipal Code Pertaining to Driveways and Curb Cuts; Special Planning Case
No. SP-074-99.
Council Member Marty stated he had spoken with Planning Associate Ericson regarding a
correction to the ordinance. He explained that in order to be consistent with the curb cut widths
listed on Page 4, the graph on Page 6, relating to zero lot line subdivisions, should be amended to
indicate 20 feet, rather than 18 feet.
Planning Associate Ericson stated this change would be made prior to the second reading of the
ordinance.
•
•
Mounds View City Council
Regular Meeting
Ayes -4
December 13, 1999
Page IS
Nays - 0 Motion carried.
C. Continuation of Public Hearing to Consider a New Tobacco License at 2563
Highway 10.
Mayor Coughlin continued the Public Hearing at 8:09 p.m.
Assistant to the City Administrator Reed stated at the Council's direction, she advertised a
continuation of the November 22, 1999 public hearing regarding an application for a new
tobacco license at 2563'/2 Highway 10. She indicated the application had been determined to be
incomplete, due to incorrect information regarding an insurance policy, and the fact that the
Police Department was unable to confirm the existence of the applicant.
Assistant to the City Administrator Reed stated she has attempted to notify the applicant, Nayfha
Wraidt, of the continuation of the public hearing, via certified letter, which was mailed
November 29, 1999. She explained, however, she has not received the return receipt from the
certified letter to date, and the post office has advised that this could take up to 21 days. She
stated she also attempted to contact Ms. Wraidt via telephone, on December 8 and 9, and
although she did not speak to the applicant herself, the person who answered the telephone at the
number provided, indicated that Ms. Wraidt no longer required the tobacco license.
MOTION/SECOND: Thomason/Marty. To Deny Application for a Tobacco License for
Nayfha Wraidt, Based Upon Untrue Statements and the Inability to Confirm Information.
Council Member Marty inquired if this was the appropriate action, m that there was technically
no application.
Mayor Coughlin stated this action was simply to declare the matter officially concluded.
Ayes - 4 Nays - 0
Motion carried.
D. Public Hearing, Second Reading and Adoption of Ordinance 644 Concerning
Billboards.
•
Community Development Director Jopke stated on November 22, 1999, the City Council, gave
first reading approval to Ordinance No. 644, an ordinance amending the Sign Code of the City to
allow billboards by conditional use permit on City owned property, along new Highway 10
(118). He indicated there was additional discussion at the December 6, 1999 Work Session, and
this item is the public hearing and the second reading of Ordinance 644.
Community Development Director Jopke stated Ordinance No. 644 sets standards for the
location of billboards, indicating the billboards must be located along and north of State
Highway 10, formerly Highway 118, and sets minimum spacing requirements of 1,000 feet,
maximum sign area of 700 square feet, with some extensions allowed. It further requires the
billboards consist of no more than two faces, and that they either be back-to-back, or angled at
no greater than 35 degrees. He advised that the maximum sign height is 35 feet, and the
billboards may not obstruct vision or cause any traffic safety problems.
Mounds View City Council December 13, 1999
Regular Meeting Page 16
Community Development Director Jopke indicated there have been two changes, which were not
included in the version that was given first reading approval on November 22, 1999, and there
are based upon City Council input at the December 6, 1999 Work Session.
Community Development Director Jopke stated an amendment was made to subdivision lOb to
deal with the City Attorney's concern about restricting billboards to City-owned property, and
indicates "The billboard must be located along and north of State Highway 10 (118)." He
advised that the minimum spacing requirement of 1,500 feet has been decreased to 1000 feet, to
maximize potential billboard sites on City-owned property, based upon the Work Session
discussion regarding maximization of potential locations on the golf course.
Community Development Director Jopke suggested an amendment to the location paragraph,
second sentence, to indicate "The applicant must have an approved lease with the property
owner." He explained that this would address concerns that billboards can not be limited to City
owned property.
Community Development Director Jopke stated staff recommends the Council conduct the
public hearing on this matter, and approve or deny Ordinance No. 644.
Community Development Director Jopke stated staff has received correspondence from Mrs.
Krozak, a long term resident of the community, who was unable to attend the meeting, however,
desired to forward her opinion that billboards should not be allowed in the community.
There was no further public input.
Mayor Coughlin closed the public hearing at 8:15 p.m.
MOTION/SECOND: Thomason/Marty. To Waive the Reading and Approve the Second
Reading and Adoption of Ordinance No. 644, an Ordinance amending Chapter 1008 (Signs and
Billboards) of the Mounds View Municipal Code Pertaining to Billboards; Planning Case SP-
071-99, As Amended To Contain Additional Language Proposed by the City Attorney to Amend
the Caption of the Ordinance to Indicate "An Ordinance Amending Chapter 1008 (Signs and
Billboards) of the Mounds View Municipal Code Pertaining to Billboards as an Interim Use;"
and Subdivision 10, Billboards to indicate "A permit shall not be issued for any new billboard
unless it complies with the following interim use requirements:" and Subdivision 10, a. to
indicate "...shall automatically expire no later than January 1, 2015, or when the lease agreement
for the billboard expires, whichever date is earlier," and Subdivision 10, b to indicate "The
billboard must be located along and north of State Highway 10 (118). The applicant must have
an approved lease agreement with the Property Owner."
Council Member Thomason stated that prior to the Work Session discussion, the matter of a
sunset clause had come forward, in relation to when the TIF Districts expire, and she had
concerns in this regard, however, this did not appear to be addressed in the Staff Report.
Council Member Marty stated he had similar concerns, and requested City Attorney Long to
advise regarding this matter.
City Attorney Long stated there is some question regarding amending the ordinance to indicate a
time restriction on the use of billboards. He explained there is authority in State Statutes for
Mounds View City Council December 13, 1999
Regular Meeting Page 17
interim use, Section 462.3597, however, this is usually applied in terms of a Zoning Ordinance,
and this matter has been incorporated into the Sign Ordinance. He indicated that language could
. possibly be added to this particular ordinance, which would restrict the conditional use permit,
and allow this matter to proceed at this time.
City Attorney Long noted Page 1, Item a, of the ordinance, which indicates "Any conditional use
permit issued for a billboard shall automatically expire when the lease agreement for the
billboard expires." He explained that this language was originally written under the assumption
that the billboards would be located on City property, and the City would control the leases. He
stated the City could enter into a lease agreement, as the owner of the property, and require that a
billboard only exist for a specified amount of time. He explained that this rime restriction could
be clarified in the lease, thereby providing notice to all parties in advance, however, this would
not address privately owned property. He pointed out that language to this effect could be added
to the ordinance, and as this appears to be an interim use provision, language could be added to
the Zoning Code to describe billboards as an interim use in the future, for clarification.
Mayor Coughlin inquired if there was any way to set a sunset date within the ordinance itself,
and not specifically the signage issues, indicating that these proposed changes, unless acted upon
differently by a Council in the future, will automatically cease to exist after a period of time.
City Attorney Long stated this was possible, however, in terms of the amortization of billboards,
it is more important to clarify within the conditional use permit that the permit expires at the end
of 15 years, or the end of the lease period, whichever comes earlier. He advised that it is
necessary to notify the parties that the billboard will come down in 15 years, at the latest, in
order to prevent any property value issues from arising in the future. He pointed out that this
consideration differed from the franchise ordinance, in that it would deal with outside parties.
He indicated that if the Council so desires, this language could be crafted into the conditional use
permit, and reflected in the Zoning Code in the future.
Golf Course Superintendent, John Hammerschmidt stated another option they had considered
was to simply incorporate the 15-year sunset into the lease agreement, with automatic removal
after this time, unless a new permit is issued, since the City has complete control over the lease
and the lease terms.
City Attorney Long stated this was correct, however, this ordinance will allow billboards on
privately owned property as well, and if a competitor offers a 30-year lease, the City will be
forced to compete with this option. He indicated the appropriate policy direction would be to
indicate a 15-year duration on billboards in the specific district. He advised that this could be
accomplished through the State Statutes, with the theory being that things could change in the
district, and the City would not wish to commit for more than 15 years. He explained that in this
manner, the restriction would be consistent for both City owned and private property.
Mayor Coughlin explained that the issue of billboards had evolved out of the necessity to
determine a means to generate additional revenue sources for the golf course. He stated that on
one hand the golf course was wildly successful, and is meeting, and in many ways surpassing
their wildest expectations, in terms of the amount of money that is coming through that
organization. He explained, however, that on the other hand, there is the manner in which a
previous Council decided to fund the bond payments of the golf course, which has created quite
a financial burden for the golf course.
Mounds View City Council December 13, 1999
Regular Meeting Page 18
Mayor Coughlin stated that even though the golf course is exceeding the financial expectations,
. this rather shortsighted view regarding how to finance the facility has bound this Council with
the task of finding a means to pay for these obligations, to prevent the City's bond ratings from
declining. He explained that the Council is attempting to do so, in a manner as far removed from
the general public as possible, and with as little transferring of monies from one fund to another
as possible.
Mayor Coughlin stated he is not a fan of billboards, and this is the reason they have crafted this
ordinance with language which restricts billboards from being located outside of any residential
areas whatsoever, and permits them only in the area north of old Highway 118. He added that at
least from the City's perspective, this is for the specific purpose of raising additional revenues
for the period of time during which the bonds are outstanding, which will end in 2014. He
advised that the Council is discussing a sunset clause on billboards, because they do not want
billboards, however, would tolerate them for the purpose of generating the necessary revenues in
the short term. He explained that when the bonds are paid off, and the revenues from the golf
course begin to come back into the General Fund, the City will no longer need billboards, and
will be able to eliminate them in a big hurry.
Council Member Marty stated he did not believe any member of the Council liked billboards,
and if some type of action was not necessary, they certainly would not go along with this. He
stated however, the bond payments on the golf course increase by $33,000 per year, and this
annual increase continues on until 2014. He explained that this is the reason the Council is
concerned and attempting to determine additional means to generate revenue. He commented
this was a bitter pill to swallow, however, it is a solution that would prevent them from having to
dig into the City's pockets.
Mayor Coughlin requested clarification of the proposed language. He indicated he would like to
proceed with the matter, however, he would prefer to continue the discussion to a future date, if
additional time is required to prepare appropriate language.
City Attorney Long stated the cleanest way to proceed would be to come back before the
Council, with appropriate language to address this issue, at a future point. He indicated the
Council would not meet again in December, and was aware they were interested in proceeding
expeditiously. He stated the proposed language would allow the Council to act upon the
ordinance at this time, and further action may not be necessary. He stated that upon further
investigation, it may be determined that the only required action might be to consider some
changes in the zoning districts for purposes of clarification.
City Attorney Long suggested the caption of the ordinance be amended to indicate "Pertaining to
Billboards as an Interim Use...," and Subdivision 10 be amended to indicate "...unless it
complies with the following interim use requirements:" He stated that the conditional use permit
process should indicate "Any conditional use permit issued for an interim use billboard shall
automatically expire fifteen years after the date of issuance or when the lease agreement for the
billboard expires, whichever date is earlier." He advised that this language indicates, as a matter
of policy, that no billboard will be allowed to stand in this district for more than 15 years,
whether upon City or privately owned land.
Mounds View City Council December 13, 1999
Regular Meeting Page 19
City Attorney Long advised that if a 15-year restriction is to be included, there should be a basis
for this as relates to the future. He explained that justification for this policy would be that the
City is considering potential development issues in this area, and therefore, does not desire to
allow this use for an indefinite period. He pointed out that that is the reason the Legislature
allows cities to utilize interim use provisions.
Community Development Director Jopke inquired if a permit application is made in 2010, would
the permit be valid for 15 years from that date, or 15 years from the date of adoption of the
ordinance.
City Attorney Long explained that the language "15 years from the date of issuance of the
permit," defines the maximum duration of the permit. He explained that through the conditional
use permit process, the City would have the ability to deny the permit, and indicate that they are
attempting to eliminate the billboards by a specific date.
Mayor Coughlin requested City Attorney Long provide an overview of the suggested language
for clarification.
City Attorney Long stated that in the caption of the ordinance, the words "as an interim use"
would be added after the word "billboards." He stated in Subdivision 10. Billboards, which
indicates "unless it complies with the following," the words "interim use requirements" would be
added. He stated that Subdivision 10 a,. second sentence, would indicate :Any conditional use
permit issued for an interim use billboard shall automatically expire 15 years after the date of
issuance, or when the lease agreement for the billboard expires, whichever date is earlier." He
stated Community Development Director Jopke's earlier concern would be addressed in
Subdivision 10 b, LOCATION, to indicate "The billboard must be located along and north of
State highway 10 (118). The applicant must have an approved lease agreement with the ro ert
nwnPr "
City Attorney Long suggested that if the Council desired to specify a date, the language could be
further amended to indicate "..shall automatically expire no later than January 1, 2015, or when
the lease agreement for the billboard expires, whichever date is earlier."."
Council Member Stigney inquired if the date of expiration should be 2014.
City Attorney Long stated the year 2015 would be cleaner. Mayor Coughlin agreed, adding that
the bonds would be paid off in 2014.
Mayor Coughlin inquired if the Motioner and Seconder would agree to the proposed language
amendment.
Council Members Thomason and Marty agreed.
Council Member Stigney stated as a Iong term resident of Mounds View, he opposes billboards.
He commented he believed they were doing well in eliminating the billboard located on the Rent
All facility on Highway 10, and the City was attempting to eliminate the billboard located across
• the street from City Hall. He stated he was certainly opposed to allowing 10 to 15 more
billboards into the Crty. He stated the Planning Commission had voted unanimously to
Mounds View City Council December 13, 1999
Regular Meeting Page 20
recommend denial of this ordinance, finding billboards to be an inappropriate land use, and he
supports this vote. He reiterated that he opposes this motion.
Mayor Coughlin stated he did not believe this proposal involved 10 to 15 billboards, but rather
the maximum number of billboards allowed would be less than ten.
Community Development Director Jopke stated they were considering 5 or 6 billboards on City
property, and potentially one or two billboards on other property.
Mayor Coughlin stated the Planning Commission had not discussed the economic aspects of this
consideration, and simply considered the land use issues. He indicated that the Commission
ruled upon what was presented to them.
Council Member Marty stated he wholeheartedly agreed with the Planning Commission, and the
basis for their decisions. He pointed out that the Commission was doing a very good job, having
considered this issue within their purview, and making their recommendation accordingly,
however, it is the City Council's responsibility to consider the economics factors, and therefore,
they are reluctantly proceeding upon those grounds.
Council Member Stigney stated whether there are 8, 10 or 5 billboards, there would be too many
in his opinion. He explained that the inappropriate land use finding is distinct, and the Planning
Commission provided six reasons why billboards should not be allowed in the community,
whether or not money is involved. He stated the City could permit billboards along Highway 10
or upon any City property, to bring in revenues, however, he did not believe the residents would
support this. He reiterated he agreed with the recommendation of the Plamm~g Commission, and
does not support this motion.
Kendra Gross, 8133 Woodlawn Drive, inquired where the billboards were proposed to be
located, and if they would be lighted.
Mayor Coughlin stated the Council has pushed to insure the billboards are kept north of
Highway 118, in the area of the golf course, and in the industrial and public facilities zoning
districts of Mounds View. He indicated that lighting of the signs would be an option, if desired.
Ms. Gross pointed out that on the other side of the highway, there is a visible glow from the
Sysco Corporation. She inquired if the billboards would be additional things glowing in the
dark. She stated she agreed with Council Member Stigney.
Ayes - 3 Nays - 1 (Stigney) Motion carried.
E. Consideration of Resolution 5401, a Resolution Approving a Wetland Buffer
Permit at 2551 Ridge Lane, requested by owner, Jamie Sharp.
Planning Associate Ericson stated the applicant, Jamie Sharp has made an application for a
Wetland Buffer Permit for 2551 Ridge Lane, which is his property, and is located at the
northwest corner of Long Lake Road and Ridge Lane, south of Highway 10. He advised that the
City requires any development occurring within 100 feet of a wetland to be issued a Wetland
Buffer Permit. He stated the applicant has retained Arlig Environmental Inc. to conduct a
delineation of this property and the adjacent wetland, and this delineation indicates there is no
Mounds View City Council December 13, 1999
Regular Meeting Page 21
wetland upon the property, however, the 100-foot buffer extends onto the lot, thereby
necessitating the Wetland Buffer Permit for the proposed development.
•
Planning Associate Encson provided the Council with the Zoning and Wetland Maps, the
boundary survey, and the proposed location and footprint of the house. He stated the Council
has also been provided a grading plan for this lot, which indicates that some areas would be
filled, and others would be excavated, and is represented as a manipulation of the flood storage
capacity of the wetland basin. He explained that there is always some concern when there is fill
and alteration, however, the area to be filled lies below the flood storage capacity elevation, and
it is allowable to fill in an area such as this, if additional flood storage is created to offset this.
Planning Associate Ericson stated the proposed plan has been forwarded to the City Engineer,
who has reviewed the matter, and has indicated that proposal will provide a net gain in the flood
storage capacity on this lot. He indicated the area being filled is less than one tenth of one
percent of the flood storage capacity, and this will be offset by additional flood storage capacity.
Planning Associate Ericson stated staff is aware there was some concern among the residents in
this area, in that permits have not been issued for this property, in order for work to move
forward, and this is correct. He advised that no permits are required for the removal of trees, and
the property owner has the right to proceed with this. He explained that unfortunately, the City
has no tree replacement provision, or tree protection ordinance, therefore, there is nothing to
prevent the property owner from clearing the property of trees.
• Planning Associate Ericson provided the Council with a letter from Beth Peterson, Project
Engineer for SEH, which is m response to staff's question regarding whether or not the property
owner could construct a dwelling below the recommended building elevation for this area. He
explained that Ms. Peterson has indicated that the City should not allow this to occur, in that it
would create unnecessary risk, and could possibly expose the City to litigation in the future. He
pointed out that the present proposal indicates the house would be located above the minimum
recommended building elevation for this area, therefore, this is no longer an issue.
Planning Associate Ericson stated Rice Creek Watershed District has gone to the site, and has
found the delineation to be accurate. He stated there was concern among staff and the Council,
in that the wetland map indicates a wetland going right through this lot. He pointed out however,
this map was created from an aerial photograph in the 1980's, which was taken in conjunction
with the National Wetland Inventory, and does not delineate the wetland, but simply indicates
the elevation in which the wetland is located. He stated this map does not indicate with any
certainty the exact location of the wetland, therefore, while it does depict wetland on the lot, the
delineation, which has been reviewed and approved, indicates that the wetlands are in fact, off
site.
Planning Associate Ericson stated another issue of concern to staff is the proposed filling of the
flood storage capacity. He stated the City Engineer has reviewed this matter, and feels that the
amount of area filled, in conjunction with the additional flood storage capacity created, is
acceptable, and will not impact the wetland or any potential flooding in this area, in the event of
a 500-year flood. He pointed out that even if this were to occur, the elevations indicate that the
water would run off the site toward the corner of Long Lake Road and Ridge Lane, and would
not impact the neighboring properties. He added that there is an outlet to the wetland in the
Mounds View City Council December 13, 1999
Regular Meeting Page 22
event of such a flood, therefore, it would not impact the proposed house to be constructed on the
site.
•
Planning Associate Ericson stated although a public hearing is not required for the Wetland
Buffer Permit, staff has notified the residents on Ridge Lane of this impending action, and has
received a letter from a neighbor who is very concerned, and does not want the buffer permit to
be approved.
Planning Associate Ericson stated that given the information provided by the City Engineer, and
the Rice Creek Watershed District, and the grading plans that have been supplied, staff has
drafted a resolution approving the Wetland Buffer Permit request. He indicated that if the
Council chooses to act upon this matter at this time, there is language on Page 2, Item 5 of the
resolution, which indicates "No grading shall be allowed within the City's drainage easement
along the property's western boundary," and this language requires revision. He explained there
is there is a storm sewer pipe in this area, and staff was concerned that the applicant not bring fill
in over the exiting pipe, however, it is located on the adjoining property, and there would be no
problem bringing in some fill from this location.
Planning Associate Ericson stated there is sufficient concern with this proposal that if the
Council feels it is necessary, staff could attempt to obtain additional input from the City
Engineer, and the Council could hold over action until a later date. He indicated the property
owner and the prospective homeowner were present to answer any questions.
. Mayor Coughlin stated there were many issues presented with this proposal, and some of the
information contained in the packet may not have been quite germane to the Wetland Buffer
Permit request. He explained that he would like the opportunity to discuss this matter in a Work
Session environment, where they can attempt to resolve some of the issues. He indicated that the
property owners have property rights, and a vested interest in this discussion, however, he would
rather ere on side of caution, than rush forward without fully addressing the issues.
Council Member Stigney stated the letter submitted by Susan Hugglestead indicates there is a
culvert running under the lot, and inquired regarding the significance of this.
Planning Associate Ericson explained that the City has a 45-foot wide drainage easement along
both 2551 and 2555 Ridge Lane, under which there is a storm sewer that connects to the wetland,
and empties out onto Ridge Lane. He commented he was uncertain why this was such a large
easement, as there would be no overland drainage at this point, and because of the change in
elevation, any water or run off from this site would occur toward the corner of Ridge Lane and
Long Lake Road. He explained that the easement is in place for the underground storm sewer,
which acts as an outlet for the wetland.
Council Member Stigney inquired if the culvert would be disturbed.
Planning Associate Ericson stated it would not, however, there is some concern that the culvert is
not operational, and that any activity on the site could create additional problems in this regard.
He indicated that he believed this was simply a matter of the City insuring that the culvert stays
open and operational. He stated it has come to his attention that this culvert has not been
properly maintained by the City, however, this is something that staff can examine on an
ongoing basis in the future.
Mounds View City Council December 13, 1999
Regular Meeting Page 23
Council Member Thomason stated she would move to postpone this item until it can be
• discussed at a Work Session. She commented that the more she hears from staff, and particularly
since this is the first time this item has come before the Council, rt appears that further
information is necessary. She indicated she had concerns that this construction would occur in a
buffer area. She pointed out that although she did not wish to deny a property owner the right to
build on their lot, she would prefer to postpone consideration, until further information is
provided, and the Council has the opportunity to discuss this matter at the next Work Session.
MOTION/SECOND: Thomason/Stigney. To Postpone Consideration of Resolution No. 5401, to
a Work Session Discussion, and Take the Matter Up at a City Council Meeting to .Occur in the
Future.
Council Member Marty stated the proposed resolution indicates "Whereas the entirety of the
proposed house and portion of the proposed attached garage encroaches into the 100-foot buffer
area adjacent to the wetland." He stated he was also concerned with regard to the buffer area,
adding that when he ran for office, he pledged to protect the wetlands and woodlands.
Jamie Sharp, the property owner stated the proposed structures will be 92 feet away from the
wetland. He indicated this proposal would not harm the wetland, wildlife or water quality in any
manner. He stated they have been attempting to obtain the Wetland Buffer Permit since August,
and if the Council holds this matter over until next year, they may not be able to begin
construction at that time. He indicated that after the ground freezes, it will cost more money to
• construct the house, and are already paying interest while they wait.
Mr. Sharp stated they have complied with everything that the City requires, and nothing in the
Staff Report indicates that they are harming the wetland in any way. He stated he could not
understand why a permit could not be issued.
Mayor Coughlin stated the Council must weigh all of the issues involved in this consideration.
He pointed out that as builder himself, he could appreciate the problems with regard to freeze
and frost however, the Council must take a broader view, as this discussion is interwoven with
other issues pertaining to Wetland Buffer Permits. He advised that regardless of the affects of
this particular proposal, these issues should be resolved at a Work Session.
Mr. Sharp indicated that the Rice Creek Watershed District had approved this project, and they
are in charge of the wetland.
Mayor Coughlin stated he understood that wetland considerations are within the purview of the
Rice Creek Watershed District, however, the Wetland Buffer Permit variance is dictated by City
ordinance.
Mr. Sharp stated he did not understand this. He reiterated that they have complied with
everything the City has asked of them.
Mayor Coughlin stated he could not speak for the Council, however, the Council must determine
what the entire intent of the wetland buffer process is for the City, and whether this is something
the City should maintain and consider, or if variances should continue to be granted. He
explained that every time a variance is granted, the ordinance is weakened. He commented that
Mounds View City Council December 13, 1999
Regular Meeting Page 24
this might be proper course of action, however, that dialogue has yet to take place. He indicated
that he did not wish to move forward in a piece meal fashion with this proposal, and approach
the next situation differently. He stated he would rather be consistent in this regard.
Mr. Sharp inquired if the City would purchase the land, since they would not issue a permit.
Mayor Coughlin stated this motion was simply to continue the discussion over, and was not a
denial of the Wetland Buffer Permit request. He suggested Mr. Sharp discuss the matter further
with Planning Associate Ericson.
Council Member Thomason explained that her intention for postponing the consideration was
not to imply denial of the permit. She explained that this was the first time this matter has come
before the Council, however, typically, all considerations go through a Work Session, to provide
the Council the opportunity to discuss them. She stated that staff has indicated some qualifiers
with regard to the report from SEH, and there is additional information that can be obtained. She
stated she would like to make as informed a decision as possible, with hopes that they can
proceed and grant approval of the permit, however, as the matter presently stands, it would be
difficult to make a decision.
Mr. Sharp stated the only problem SEH indicated was with regard to the elevation of the
basement floor. He explained that they have complied with the City Code, and raised the floor
an inch above the minimum elevation, therefore they have resolved this situation. He inquired
when this matter would be rescheduled for consideration.
Ma or ou hlin to d he xt o i 1 1 0 t e
y C g s to t ne W rk Sess on wou d be he d on January 3, 20 0, and he matt r
would probably be scheduled for discussion at that time. He explained that if everything is in
order, this item would probably be scheduled for official consideration the following week, at the
first Council Meeting of the new year.
Ayes - 4 Nays - 0 Motion carried.
Mayor Coughlin stated this was a difficult issue, however, it would be best to consider if from a
global perspective.
F. Second Reading and Adoption of Ordinance 645, an Ordinance Adopting the
1999 Long Term Financial Plan.
G. Resolution 5399 Adopting the Year 2000 Budget and Property Tax Levy.
H. Resolution 5406 Adopting the Year 2000 Budgets for Funds Other than the
General Fund.
I. Resolution 5405 Approving 1999 Transfers and Budget Revisions.
Mayor Coughlin stated there are a variety of budgetary items scheduled for Council
consideration. He requested staff provide a brief overview of all Items G through J, and if the
• Council has any questions, they can be brought forward at one time.
Mounds View City Council December 13, 1999
Regular Meeting Page 25
City Administrator Whiting stated the Long Term Financial Plan is essentially in the same form
that was proposed several weeks prior, and it has been reviewed by the Council. He indicated
two public hearings have been held with regard to the Plan, however, there has been no public
comment upon it. He explained that the ordinance is quite beef, and simply indicates that the
Plan is adopted. He advised that the purpose of adopting the Long Term Financial Plan as a part
of the City Charter, relates to concerns regarding the ability of the public to take an action
against a City commitment, and it is a formality of the Charter. He commented that he would
like to think that if Council comes across issues with the community, regarding any particular
aspect of the Plan, it will use its judgement at that time, however, staff recommends that the
Council proceed with this matter, and adopt Ordinance 645.
Finance Director Kessel stated Item G, Adopting the Year 2000 Budget and Property Tax Levy,
pertains to the General Fund, and the budget as originally prepared, with some changes that have
been discussed at the Council level. He indicated that Item H, Adopting the Year 2000 Budget
for Funds Other Than the General Fund, pertains to the Enterprise Funds, the Community
Center, and other miscellaneous funds of the City. He stated that after the Council adopts these
ordinances, he will have the updated books printed, and distribute this to the Council Members,
and the library. He indicated there would also be a public copy at City Hall.
MOTION/SECOND: Thomason/Marty. To Waive the Reading and Approve the Second
Reading and Adoption of Ordinance 645, an Ordinance Adopting the 1999 Long Term Financial
Plan.
Council Member Stigney stated he did not particularly support this item or the proposed budget
for the year 2000.
Ayes - 3 Nays - 1 (Stigney) Motion carried.
Mayor Coughlin asked City Attorney Long if, in the interest of time, the Council could consider
all of the other budget resolutions simultaneously.
City Attorney Long advised that this would be acceptable.
Mayor Coughlin stated he would entertain a motion to approve Resolutions 5399, 5406 and
5405, dealing with all aspects of the year 2000 budgets.
MOTION/SECOND: Thomason/Marty. To Approve Resolution No. 5399, Adopting the 2000
Property Tax Levy and General Fund Budget, Resolution No. 5406, Adopting the 2000 Budgets
for Funds Other than the General Fund, and Resolution No. 5405, Approving 1999 Transfers and
Budget Revisions.
Council Member Stigney reiterated that he did not support the proposed budget.
Ayes - 3 Nays - 1 (Stigney) Motion carried.
Mayor Coughlin thanked Finance Director Kessel for his hard work on the City budget,
including his presentations at the last few meetings. He stated Finance Director Kessel had done
a fine job, and should be commended for this. Council Member Marty agreed.
Mounds View City Council
Regular Meeting
December 13, 1999
Page 26
J. Resolution to Continue Participation in the Livable Communities Act Local
Housing Incentives Program in 2000.
Community Development Director Jopke stated the City has participated m the Livable
Communities Program since 1997, and to continue to participate in the program the City must
annually pass a resolution, which is Resolution 5395.
Community Development Director Jopke advised that by passing Resolution 5395, the City will
continue to have access to several pots of Metropolitan Council monies, including the Tax Base
Revitalization Account, which assists in the clean up of contaminated sites, the Livable
Communities Demonstration Programs, and the Local Housing Initiative Account. He explained
that these are programs that provide the City with monies for housing programs. He pointed out
that in the past, the City has utilized Local Planning Assistance Grants from the Metropolitan
Council.
Community Development Director Jopke stated staff recommends that the City Council approve
Resolution 5395, to continue in the program.
MOTION/SECOND: Marty/Thomason. To Waive the Reading and Approve Resolution No.
5395, a Resolution Continuing to participate in the Local Housing Incentives Account Program
Under the Metropolitan Livable Communities Act, Calendar Year 2000.
Council Member Marty stated this action is necessary for the City to be able to apply for these
• programs, and through approval of this resolution, the City can obtain additional funding. He
commended staff for bringing this matter forward to the City.
Mayor Coughlin stated he was of a dual mind on this subject. He explained that he had concerns
with regard to the Livable Communities Act, and some of the mandates they place upon cities,
although the City of Mounds View falls squarely in the middle of the Metropolitan Council's
definition of the livable community, and those restrictions do not really apply. He stated this is
somewhat a moot point, however, he had wanted to indicate his concern that this is not the finest
pieces of legislation.
Ayes - 4 Nays - 0 Motion carried.
K. Report on Commissions' Review of City Remnant Parcel.
Community Development Director Jopke stated the City has had a number of discussions
regarding the remnant parcel, created by the realignment of Edgewood Drive that is owned by
the City, and the adjacent 9.4 acre Midland/Videen property. He stated TOLD Development
Company is interested in purchasing both properties to construct a Walgreen's store, and an
additional building that could be occupied by a restaurant, clinic, or similar type use.
Community Development Director Jopke stated TOLD has proposed a land swap, in which they
would trade the City approximately 7.4 acres of the Videen property, for the 1.5 acre City owned
property. He stated they propose to relocate the storm pond on the remnant parcel, and have
indicated a willingness to contribute toward the costs of recreational improvements on the 7.4
acres that they would trade to the City.
Mounds View City Council December 13, 1999
Regular Meeting Page 27
Community Development Director Jopke stated the City Council referred this item to the
Planning Commission and the Parks and Recreation Commission for additional input. He
indicated the Parks and Recreation Commission considered this matter in October, and generally
supported the proposed land swap, and the Planning Commission was also m favor of the
proposal, and approved Planning Commission Resolution No. 599-99, which supports the
concept.
Community Development Director Jopke stated at this point, staff is requesting City Council
direction regarding how they would like to proceed with this matter. He explained that if the
land swap is to occur, a plat must be prepared to create legal parcels. The applicant, TOLD,
would be required to formulate a plan of development, and other zoning approvals might be
required from the City
Community Development Director Jopke indicated Bob Cunningham, representing TOLD
Development Company, and Terry Moses, representing Robert Videen were present to answer
any questions.
Mayor Coughlin stated he had attended the Parks and Recreation meeting, and they were very
supportive of this proposal. He indicated the Commission had discussed various ideas regarding
the configuration of the property, and what could be done with the wetland and some of the other
marginal land that could be swapped out. He stated the Commission had even considered this
proposal in the context of the entire wetland discussion in the City of Mounds View, including
this particular site.
M
ayor Coughlin stated m his opinion the Council should move forward on this matter. He
suggested they set some time aside, possibly at the first Work Session of the new year, for more
detailed discussion. He stated they should also authorize staff to meet with Mr. Cunningham and
Mr. Moses in an informal session, to discuss the possibilities, and bring this information back
before the Council in the form of a report.
Mayor Coughlin asked the Council if it was the consensus to consider this matter at the next
Council Work Session. The Council agreed.
L. Consideration of Resolution 5397 Appointing Commission Members and
Clarifying Commission Membership.
Mayor Coughlin requested Assistant to the City Administrator Reed provide a brief overview of
this item, and at the same time, touch upon item M, the introduction of Ordinance 646,
Amending the Chapter related to the Parks and Recreation Commission terms and vacancies.
Assistant to the City Administrator Reed stated that before the Council is the revised version of
Resolution 5397, which appoints new commission members and clarifies membership on all
commissions. She explained that at the top of the resolution, she has listed the seats that are
currently available, and at the bottom, she has indicated which members have been either newly
appointed or re-appointed, and their term expiration dates.
• Assistant to the City Administrator Reed stated Jean Miller, Gary Stevenson, and Greg Johnson
will be re-appointed to the Planning Commission for three-year terms, which will expire in 2002.
She stated Frank Silvas, Sherry Gunn, and Dave Long, will be appointed to the Parks and
Mounds View City Council December 13, 1999
Regular Meeting Page 28
•
Recreation Commission for three-year terms, expiring in 2002, and Mike "S" and Anthony Zuch
will be appointed to two-year terms, expiring in 2001.
Assistant to the City Administrator Reed stated Robert Toborg will be appointed to the Police
Civil Service Commission for athree-year term, expiring in 2002, leaving one seat available on
this Commission, which has been advertised. She stated Greg Belting will be appointed to the
Economic Development Commission for athree-year term, expiring in 2002.
Assistant to the City Administrator Reed stated Ordinance 646 amends a section of the Code to
allow two-year terms, or terms of less than three years, in order to perpetuate staggering. She
advised that the appointments of Mike "S" and Anthony Zuch are contingent upon adoption of
this ordinance.
MOTION/SECOND. Thomason/Stigney. To Approve Resolution No. 5397, a Resolution
Appointing Commission Members and Clarifying Membership.
Council Member Thomason requested Page 2 of the resolution be amended to indicate the
correct spelling of the name "Julie Olsen."
Mayor Coughlin stated a total of six individuals have applied for appointment to the Parks and
Recreation Commission, including two new individuals, and members who have reapplied for
seats that have recently expired. He explained that there were not enough seats available to
appoint all of the applicants, therefore, he thought it only fair that members of the community
who desired to participate in their City government should be encouraged at all levels.
Mayor Coughlin noted that Gary Stevenson is a member of both the Parks and Recreation
Commission and the Planning Commission, and it is with reservation that he will not reappoint
Mr. Stevenson to the Parks and Recreation Commission. He indicated however, this is not to say
that his contributions have not been noted or honored. He stated Mr. Stevenson has done a
wonderful job, and his membership on both commissions has benefited both bodies on occasion.
He reiterated it was with great reluctance that he would not reappoint Mr. Stevenson, however,
he must hold to the value that if there are new people who desire to be involved in their local
government at the grass roots level, they should be afforded the opportunity.
Council Member Marty extended his appreciation to all of the individuals who applied and/or re-
applied for commission membership. He advised that the City needs public involvement and
good people, and he applauds all of the applicants.
Assistant to the City Administrator Reed pointed out that James Harelson and Sharon Croon
were appointed to the Airport Advisory Commission in November 15, with terms to expire in
2001. She indicated they have been listed in the resolution to provide further documentation of
the commission appointments.
Ayes - 4 Nays - 0 Motion carried.
•
Mayor Coughlin extended his congratulations to the recently appointed commission members.
Mounds View City Council
Regular Meeting
December 13, 1999
Page 29
M. First Reading (Introduction) of Ordinance 646, an Ordinance Amending
Title 400, Chapter 405, Related to Parks and Recreation Commission Terms
and Vacancies.
Mayor Coughlin stated this item is to bring the rotation schedule of commission terms back into
synchronization. He indicated there were nine members on the Parks and Recreation
Commission, and five seats would expire this year. He advised that this amendment would allow
for three terms to expire in any given year, and provide that a large number terms will not expire
simultaneously.
MOTION/SECOND: Marty/Thomason. To Waive the Reading and Approve the First Reading
of Ordinance 646, and Ordinance Amending Title 400, Chapter 405 of the Mounds View
Municipal Code by Amending Section 405.03, Subd. 1 as to the Term of Office for Members of
the Parks and Recreation Commission.
Ayes - 4 Nays - 0 Motion carried.
N. First Reading (Introduction) of Ordinance 647, an Ordinance Amending
Title 300, Chapters 301-309, Related to Personnel Regulations.
City Administrator Whiting stated this item corresponds to the resolution approving the
Personnel Policies Manual. He stated some of the policies are reflected in the ordinance and
require to be dealt with. He requested City Attorney Long address this item.
• City Attorney Long stated the decision was made that the City would establish a Personnel
Policy by resolution, that could be amended by resolution from time to time. He stated that
through the approval of the corresponding resolution earlier in the meeting, this item moves
forward to delete all of the provisions in the ordinance, and leaves only the new language which
indicates "The Council shall establish by resolution, a uniform and equitable system of personnel
administration by resolution for employees of the Municipality, which may be revised as
necessary by amendments to such personnel policy resolution." He advised that this is a typical
manner in which to accomplish this, to provide that cities do not have to continually amend
ordinances to address changes in State and Federal regulations.
MOTION/SECOND: Thomason/Marty. To Waive the Reading and Approve the First Reading
of Ordinance No. 647, and Ordinance Relating to Personnel Regulations and Amending Title
300 by Deleting Title 300 in its Entirety and by Creating a New Title 300 and Adding a New
Section 301.01 in the Mounds View Municipal Code.
Council Member Stigney stated he supports the first reading of this ordinance, as it merely
removes this matter from the Code as an ordinance, and sets it off separately as a resolution for
personnel policies. He stated he disagreed with the policies themselves, however, he does agree
that they can be removed from the Code as ordinances.
Ayes - 4 Nays - 0 Motion carried.
. O. Review of Ordinance 648, an Ordinance Amending the Charter, Section 3.01,
Related to the Calling of Special Meetings by the Mayor and City Counal.
Mounds View City Council
Regular Meeting
December 13, 1999
Page 30
P. Review of Ordinance 649, an Ordinance Amending the Charter, Section 3.04,
Subd. 1, Related to Adoption of Ordinances, Resolutions and Motions.
Review of Ordinance 650 an Ordinance Amendin the Charter Section 5.05
Q• ~ g
Related to the Initiative Process and Resolutions Proposed in the City
R. Review of Ordinance 651, an Ordinance Amending the Charter, Section 5.07,
Related to the Referendum Process and Resolution Adoption.
S. Review of Ordinance 652, an Ordinance Amending the Charter, Section 4.02,
Related to Terms for Elective Office.
Mayor Coughlin requested that in the interest of time, staff provide and overview of Items 0
through S, so that the Council might address them simultaneously.
Council Member Marty stated that this was simply a review of the draft, to be forwarded on to
the Charter Commission.
Mayor Coughlin stated this was noted earlier on in the meeting, with an apology as to the
wording of the agenda.
City Attorney Long stated these items were the review of the proposed drafts that would be
forwarded to the Charter Commission. He explained that the drafts were prepared with the
assumption that they would come back to the Council from the Charter Commission with a
recommendation, which is what the Statute requires. He explained however, this was not
intended to be presumptive, but only to reflect the proper form.
City Attorney Long stated the Charter Commission has retained or has been consulting with
Attorney Ray Faricy, who is a very highly respected attorney from St. Paul. He advised that
Attorney Faricy is an expert in the area of charters, and at his request, they reviewed these items
with him. He stated the first item is substantively the same issue, in that they are attempting to
delete reference in the Charter to the 24-hour notice, and simply reference Minnesota Law,
which currently calls for athree-day meeting notice for special meetings.
City Attorney Long stated the second change was actually cleaner, because it removes the
second 24-hour notice. He explained that Attorney Faricy indicated concern regarding Council
rule in compliance with this, which made it appear as if there was a separate set of Council
procedures. He indicated that this has always been in the Charter, and they had not initially
considered changing it, however, to truly clarify this matter, the current issue was more
appropriate. He stated this would accomplish that goal, and would provide that Charter does not
require to be amended, if the State Statutes change by the Legislature.
City Attorney Long stated Ordinance 649, amends Section 304 of the Charter by simply adding
the words "by ordinance." He explained that if the City Council chooses to set "Super-majority
requirements" for certain actions, such as those available for the conditional use permit process,
this amendment would allow the Council to impose a higher vote requirement by ordinance, than
the simple three-vote majority, which is currently in the Charter. He stated this is necessary
because State Law imposes certain requirements, and the Charter may indicate specific
requirements, however, there are certain provisions in the Code where a 4/Sths vote is required.
Mounds View City Council December 13, 1999
Regular Meeting Page 31
Council Member Stigney inquired if the comma after the word "Charter" was intended to be
deleted.
City Attorney stated that technically, the comma should remain in the ordinance, to indicate
"Except as otherwise provided in this Charterz by ordinance or state law,..."
City Attorney Long stated Ordinance Nos. 650 and 651 are the same issues, and relate to the case
file in Minnesota which states that resolutions are not the proper subject of referendum or
initiatives. He explained they are removing reference to resolutions in the initiative and
referendum sections of the Charter, to bring the Charter into compliance with the State Supreme
Court rulings on this matter.
City Attorney Long stated Ordinance 652 likely received the most discussion. He indicated that
Subdivisions 2, 3 and 4 of the Charter set term limits, and amended Section 4.02, Filing for
Office, which came as a result of the citizens' vote. He advised that subsequent to the citizens'
vote came the Supreme Court Ruling, striking down the authority of cities by City Council,
ordinance, or citizen petition, to adopt the term limit provision. He explained that this ordinance
would simply remove those three subdivisions, and restore the language of the Charter to its
original form, prior to the vote.
City Attorney Long stated the Charter Commission was concerned that if they were being asked
to vote to remove the term limit provision, they would somehow be voting against the citizen's
wishes. He explained this was an understandable concern, however, this is not an attempt to
thwart the people's wishes, but rather an attempt to bring the Charter into compliance with the
Supreme Court Ruling.
Council Member Marty inquired if these items should be referred to as ordinances or draft
ordinances.
City Attorney Long stated that they are drafts. He explained that most likely staff had seen the
draft ordinances, and inadvertently assumed this was the first reading, and assigned numbers to
them. He advised they are probably all draft ordinances, and the numbers could remain, for the
purpose of keeping track of them, or they could remove the numbers and see if they come back
to the Council in the same form. He stated that technically, the Charter Commission will review
these items, and if they refer them back to the Council with a recommendation, they will
probably be assigned ordinance numbers in chronological order.
Mayor Coughlin stated in keeping with the previous Council motion to grant the Charter
Commission time in January and February to discuss this matter, he would request the consent of
the Council to refer these items on to the Charter Commission, and allow them the opportunity to
comment, and then refer them back to the Council.
The Council agreed.
City Attorney Long stated staff would send a transmittal letter, and forward the draft ordinances
to the Charter Commission, and clarify that the Council is requesting them to utilize their
authority to consider these items and refer them back to the Council. He pointed out there was
Mounds View City Council December 13, 1999
Regular Meeting Page 32
•
some concern that the Council was forwarding these items, having already acted upon them, and
this is not the case.
Mayor Coughlin stated it was the consensus of the Council to authorize staff to proceed in this
manner.
Council Member Marty thanked City Attorney Long for his time and effort. Mayor Coughlin
concurred, adding that it was a large amount of work in a small amount of time.
T. Action to Enter into an Agreement with Peterson Environmental Consulting,
Inc. for Wetland Planning and Land Use Options Facilitation.
•
Mayor Coughlin stated the Council has discussed this matter, and inquired if it stands as
previously proposed.
City Administrator Whiting stated nothing new has come forward. He noted the total proposal is
$23,842, and there are two or three provisions in the agreement that require that Peterson
Environmental, on behalf of the City, facilitate some of the public discussion. He indicated that
this was one of the key issues to note, in that interested parties will have the opportunity to
participate and see what the data reveals. He indicated staff would report back to the Council
when the schedule is available.
Mayor Coughlin stated a very strong point of this proposal is the element of garnering as much
public input as possible.
Council Member Marty stated he would like Task 4.0, the open house, to be conducted long
before a public hearing is held on this matter.
MOTION/SECOND: Thomason/Marty. To Approve Entering into an Agreement with Peterson
Environmental Consulting, Inc, for Wetland Planning and Land Use Options Facilitation.
Ayes - 4
Nays - 0 Motion carried.
U. 2000 Proposed Pay Plan.
•
City Administrator Whiting stated the Council reviewed the proposed pay plan at their last
meeting. He indicated Finance Director Kessel has compiled a list of positions, their pay points,
the 1999 monthly maximums in comparison to the year 2000 maximums, and what the actual
percentage adjustment is for each position. He noted that because this is ongoing work, they are
reviewing the points of some of the positions, and if any adjustments are required at a later date,
staff will bring this forward to the Council.
City Administrator Whiting stated staff recommends the Council approve this item.
MOTION/SECOND: Marty/Thomason. To Approve the 2000 Proposed Pay Plan.
Council Member Stigney stated the proposed pay plan includes a 3 percent Cost of Living
Adjustment.
Mounds View City Council December 13,1999
Regular Meeting Page 33
City Administrator Whiting stated a 3 percent increase has been budgeted for the entire payroll
m the 2000 budget.
Council Member Sti ne advised that individuals on Social Securit will onl receive a 2.4
g Y Y Y
percent increase, and other Federal employees and retirees will receive approximately 2 percent.
He stated last year, when the Federal government increased its Cost of Living Adjustment by 2.1
percent, the City obtained a 3 percent increase. He stated the City appeared to be ahead of the
game in this regard, and if this amount were determined on a local basis, it would be a lesser
percentage. He stated that if this is a Cost of Living Adjustment, it should more accurately reflect
that. He stated he does not support this item.
Finance Director Kessel advised that State retirees will receive an 11 percent increase this year.
Ayes - 3 Nays - 1 (Stigney) Motion carried.
V. Resolution 5407 Requesting Ramsey County to Include Identifying Language
on County Highway 10 Signs for Mounds View
Mayor Coughlin stated this item was discussed briefly at the Work Session, and he had
mentioned it in his report to the Council.
MOTION/SECOND: Marty/Thomason. To Waive the Reading and Approve Resolution No.
5407, a Resolution Requesting Ramsey County to Include Identifying Language on County
Highway 10 Signs for Mounds View.
Council Member Marty commented that he had not seen any language in the resolution
pertaining to the new name of the Highway.
Mayor Coughlin stated the Acting Public Works Director for Ramsey County indicated there are
some limitations at the State and County level, as to what can specifically be written on a sign,
and they are still researching this matter. He explained that the Assistant to the County
Commissioner, Joseph Murphy, has a full understanding of this situation, and the desire for the
name change. He indicated that Mr. Murphy would work with the Acting Public Works Director
to find language that is allowable by statute and law, which will obtain the desirable result.
Council Member Marty inquired if this matter would come back before the Council in the future.
Mayor Coughlin stated it would. He explained that this consideration is essentially a stopgap
measure, and the Chamber will be taking a survey of all those affected on Highway 10, to gather
recommendations for a more permanent name change. He indicated that they recognize there is
a need, in that people are getting lost, and are not coming to Mounds View businesses because of
direction and signage problems, however, they desired to proceed with the matter at this time.
Ayes - 4 Nays - 0 Motion carried.
W. Resolution 5396, a Resolution Requiring Cable Broadcasting of City Business
Conducted at Open Public Meetings.
Mounds View City Council December 13, 1999
Regular Meeting Page 34
Mayor Coughlin stated this item was discussed at some length at the previous Council Work
Session.
MOTION/SECOND: Thomason/Mart To Waive the Readin and A rove Resolution 5396 a
Y g pP
Resolution Requiring Cable Broadcasting of City Business Conducted at Open Public Meetings.
Council Member Stigney stated as the Council was aware, all of the commissions and
committees that are appointed by the Council are currently being braadcast on cable television,
therefore, the only body that is really affected by this item is the Charter Commission. He
commented that there has been some friction between the Charter Commission and the City
Council, and it has been pointed out that the Charter Commission meets in separate
subcommittees, which makes the broadcasting of meetings an awkward process, and he was
uncertain how it could be handled.
Council Member Stigney stated the Charter Commission is not a commission appointed by the
Council, but rather a body appointed by a Ramsey County Judge. He explained that this is a
separate body that directly represents the residents of the community, and as such, they have a
vote in terms of whether or not they wish to have their meetings broadcast.
Council Member Stigney stated because of the way they are structured, and the information they
have to present to the community at this time, the Charter Commission has held off broadcasting,
requesting broadcasting, and accepting the request to be broadcast on cable television. He stated
their vote should be honored, and they should not have to answer to the Council. He stated the
• proposed resolution is simply a means to show authority, therefore, he does not support it.
Council Member Marty stated when he ran for office, he pledged to provide as much City
information to the citizens as possible. He stated he is also a member of the Charter
Commission, and he was originally reluctant with regard to this policy, for similar reasons as
those indicated by Council Member Stigney, however, the decisions of the Charter Commission
can also affect every citizen in the City. He stated he did not view this matter as a power play,
but rather as information that could be germane to every citizen in the City. He advised that if
citizens wish to view the Charter Commission meetings, which are open meetings, they should
have the opportunity to do so.
Council Member Stigney stated he believes the Charter Commission would be more that happy
to advertise and gain as much publicity as they can, to support the changes they are proposing to
make to the Charter. He explained however, it would be awkward to attempt to broadcast the
meetings when there are two subcommittees meeting in separate places simultaneously. He
explained that when the discussions have been formalized, the Charter Commission as an
entirety, would likely request the City to broadcast the meetings, so that they can disseminate
some information, and would wholeheartedly support it at that time, however, the decision
should be theirs.
Mayor Coughlin stated this policy resolves a variety of issues, and certainly attempts to provide
information to the residents, which is something he campaigned upon heavily. He indicated that
he has attempted to distribute as much of this information as possible through cable
broadcasting, to provide an opportunity for those who are not able to attend the meetings to learn
what is occurring from the initial stages nght through to the final product.
Mounds View City Council December 13, 1999
Regular Meeting Page 35
Mayor Coughlin advised that this issue also speaks to some of the criticisms made to the Council
with regard to the four "vision" meetings, at which certain agenda items were not broadcast, due
• to timing considerations. He stated that some of the residents had expressed their need to know
what was taking place in this regard. He explained that this policy would resolve all of those
issues as well He stated if the Council meets in the City Hall in an official manner, those
proceedings would be broadcast on television. He indicated there will be no exceptions, and this
will clear the air completely.
Mayor Coughlin requested that as a consent item the Chair of the Charter Commission, City
Administrator Whiting, and Video Producer, Patrick Toth, arrange a meeting to discuss the
broadcasting process.
Council Member Marty stated that any City business or dealings should be open and available to
the public, and the Charter Commission conducts City business, and deals with City issues. He
stated he does not want the Council, City government, or the Charter Commission to be accused
of any "backroom deals," or "dealings," and he would like everything to be on the "up and up,"
"above board," and "all hands on the table," which was another of his campaign promises. He
stated the Charter Commission is the Mounds View Charter Commission, and it conducts City
business.
Council Member Thomason moved the question, and called off the debate.
•
•
Ayes -3 Nays - 1 (Stigney) Motion carried.
Ayes -3 Nays - 1 (Stigney) Motion carried.
Mayor Coughlin extended his appreciation to Council Member Stigney for standing in for him at
the time his daughter was born. He stated he was aware his is not an easy job, and Council
Member Stigney had done a valiant job.
Mayor Coughlin extended his appreciation to staff. He explained that for each agenda item,
from 10-A to 10-W, there is a staff person or multiple staff persons, and each of these items
receives a lot of work behind the scenes.
Council Member Marty extended his appreciation to staff as well, and also thanked his fellow
Council Members. He stated they originally stated they would agree to disagree, and they
certainly have.
Council Member Thomason wished all of the staff members, their families, and the Mounds
View residents Happy Holidays.
11. Next Council Work Session:
Next Council Meeting:
Monday, January 3, 2000
Monday, January 3, 2000
12. ADJOURNMENT
Mayor Coughlin adjourned the meeting at 9:50 p.m.