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HomeMy WebLinkAboutMinutes - 2001/08/13PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting ~ ~ ~ August 13, 2001 ~, , y ,,' ~~~~d' ~, ~. `' ~ "~ ~ d ' Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA Assistant to the City Administrator Reed requested to add Item 7H Resolution 5602 Approving Business Licenses for Topa Corporation. Assistant to the City Administrator Reed also mentioned she distributed a packet for each Council Member. The first item in the packet is Item 7H, the second is an item that Mayor Sonterre will cover in Reports. The third item is some recent resignations that she will cover in Reports. City Administrator Miller requested to delete item 7G, and she will give an update in the Reports section. Mayor Sonterre requested to add Item Sa under Unfinished Business regarding new lease information on the day care facility at the Community Center. MOTION/SECOND: Thomas/Stigney. To Approve the August 13, 2001, City Council Agenda as amended. Ayes - 5 Nays - 0 Motion carried. 4. PUBLIC INPUT David Jahnke, 8428 Eastwood Road, stated the former mayor suggested calling Mr. Bennett and the Golf Course issues could be solved quickly. Mayor Sonterre responded he did take that route and added this is a state issue. Mr. Jahnke stated he was pleased that some of the issues are being uncovered and are becoming public. He said he is pleased to see there is some accountability. He said he feels bad for some i Mounds View City Council August 13, 2001 Regular Meeting Page 2 people and for City Administrator Miller. He commented that some of these mistakes are mistakes of the past administration. 5. UNFINISHED BUSINESS a) Information Pertaining to the Creative Kids Child Care Center. Mayor Sonterre stated the City has a signed lease for the site for Creative Kids Child Care Center dated September 1, 2001. City Administrator Miller interjected that Ms. Sonterre has not signed, though the document is available for signing. Mayor Sonterre explained the present tenant, Children's Home Society, is paying the lease through August. Ms. Sonterre had hoped to open her child care center on August 1, which wasn't possible. September is the forecasted date. This date coincides well with school starting. However, Children's Home Society has indicated to her that since they have paid for this month's lease, they have no intention to allow her in the facility to clean up and get ready for opening, unless she pays an amount equal to their rate of the lease. Mayor Sonterre's suggestion was to waive the daily equivalent of the lease for the last 14 days of the month. This would allow Creative Kids Child Care Center to set up their business and open September 1. Mayor Sonterre asked for Council input on the matter. Council Member Quick questioned why the City Administrator wasn't presenting this case. Mayor Sonterre explained he wanted to be of assistance, and added that he directed Ms. Sonterre to have her attorney speak with the City Attorney. Council Member Quick asked if City Administrator Miller is aware of the situation. City Administrator Miller stated she was. She explained that Ms. Sonterre did speak with her and indicated that she needed access sooner into the building. City Administrator Miller advised Ms. Sonterre to make arrangements with Children's Home Society since they had paid through August. Council Member Quick stated he thought Ms. Sonterre should not be discussing the situation with the Mayor. MOTION/SECOND: Quick/Stigney. To Table This Item. Ayes - 5 Nays - 0 Motion carried. Council Member Marty asked the City Attorney if Ms. Sonterre's attorney contacted him and the City Attorney replied he did not. 6. CONSENT AGENDA Mounds View City Council August 13, 2001 Regular Meeting Page 3 A. Approve Just and Correct Claims B. Licenses for Approval -None submitted C. Set a Public Hearing for Monday, August 27, 2001 at 7:05 pm, to Consider the Re-Approval of the Preliminary Plat for the Mermaid Addition Major Subdivision. D. Resolution 5597, Renewal of Police Prosecution Service Contract with Hughes & Costello E. Acceptance of Improvements, Walgreens Development, per Development Agreement 00-123 F. Approving and Awarding Bid for 2001-8 Seal Coat Project G. Cancel Public Hearing for Mounds View Drive Council Member Marty requested to pull check number 106253 to Kennedy & Graven which appears on Page 5 of the staff report. He questioned what timeframes this check covered. Council Member Stigney requested that Item E -Acceptance of Improvements - Walgreens Development is pulled from the Agenda. He also asked that the last 4 items on the Just and Correct Claims sheet be pulled which are check numbers 105794, 105828, 105837, 105844. These items were pulled from the June 11 agenda as well. MOTION/SECOND: Marty/Thomas. To Approve Consent Agenda Items B, C, D, F, and G. i Ayes - 5 Nays - 0 Motion carried. Council Member Stigney stated he was curious about the payment to Verizon Wireless in the amount of $192.97 with check number 105844. He learned it was for one service at the Golf Course under the name of John Hammerschmidt. He said the invoice listed many long distance calls around the U.S. and many calls were in excess of 30 minutes. He stated that by contrast, the Police Department, who has five cell phones, had a bill of approximately $59.00 in the same month. Council Member Quick asked what the dates are on those calls. Council Member Stigney explained it is the billing for the month of May. Mayor Sonterre asked the City Attorney if this should be researched. City Attorney Riggs responded it should be researched to learn if it is an authorized expense. However, the bill must be paid whether or not it is an authorized expense. The City may need to be reimbursed from the user. Council Member Quick asked who would be responsible for looking into this issue. City Attorney Riggs stated the City Administrator would. Council Member Stigney raised questions on check number 105828 for $306.00 to PGA of America. He understood this payment was for one PGA member at the golf course for national membership dues plus life insurance premiums, plus liability insurance premiums above what the Mounds View City Council August 13, 2001 Regular Meeting Page 4 City pays, and incorporates member national and sectional dues. He asked why the City would be paying the PGA's national dues. This particular payment was for Ronald Houston. City Administrator Miller responded she was uncertain to what the policy is. She said she had asked the Finance Department how many of the memberships the City usually pays and the answer was that the City paid the Pros' membership dues. Mayor Sonterre requested City Administrator Miller to look into the situation and see if a policy is in place. Council Member Stigney questioned check number 105837 in the amount of $13,309.87 to Springsted, Inc. He stated he felt his questions were not answered within the study they produced for the City Council. He said that Springsted, Inc. did not perform a market area analysis and used 1997 data for their analogies. Council Member Stigney stated Springsted, Inc. surveyed only 11 cities and made no attempt to contact the other 30. He said he spoke with Bob Thistle at the League of Minnesota Cities Conference. Mr. Thistle indicated he thought Springsted should look at more options with the Golf Course to see if it could break even. Council Member Stigney commented that in the section regarding the 9 holes, there is no indication that anything could be done. He summarized he questions paying this amount. Council Member Marty stated he felt Springsted did complete the work and they answered all the original questions. What they initially provided in first presentation to the Council was what the Council initially asked of them. Then further questions arose and Springsted needed to work more to find the answers. Mayor Sonterre pointed out that the Council had asked Springsted back twice to answer questions more fully, and by doing so the expenditure increase was technically approved. He agreed with Council Member Stigney that Springsted could have pre-informed the City that if they came back to the Council, they would bill additionally. Council Member Stigney explained that he had been seeking clarification on the check to Corporate Presentations, Inc., check number 105794 in the amount of $8337.52. The payment was for cable equipment. The invoice shows that microphones were on backorder. As Council Member Stigney made phone calls regarding this issue, he found that Alpha didn't seem to know they provided a quote. However, Alpha offered to give a quote and that quote was close to $1,000 less than Corporate Presentation's quote. Council Member Stigney questioned why the contract was awarded to Corporate Presentation when they had the higher quote. City Administrator Miller responded this was an expenditure authorized by the previous administration. Council Member Stigney questioned whether this purchase was approved by the Council. City Administrator Miller stated it should have come to the Council; the equipment is on hand. • Mounds View City Council Regular Meeting August 13, 2001 Page 5 Council Member Thomas stated that the City is in possession of something that's not paid for and it would be unethical in her mind to put that problem on someone else. She stated the bills for Verizon and Corporate Presentation should be paid. Council Member Quick added the comment that the City has the report and needs to pay for it. MOTION/SECOND: Quick/Marty. To authorize payment of checks 105794, 105828, 105837, 105844. Council Member Marty stated that if the check for Corporate Presentations was submitted in the cable department budget for this year, it would appear it was approved. Council Member Marty suggested that if Council Member Stigney had questions about the presentation from Springsted that he contact them directly. Council Member Thomas pointed out that it would be inappropriate for a Council Member to call; it could present another bill. She asked that City Administrator Miller call Springsted and ask Council Member Stigney's questions as well as inquire about overtime charges. Ayes - 4 Nays - 1 (Stigney) Motion carried. . Council Member Marty questioned check number 106253 to Kennedy & Graven in the amount of $39,132. He was aware that information on the payment was not readily available, and requested it be researched. He said he knew the bill would be paid but dust wanted clarification. Mayor Sonterre commented on check number 106285 to Nextel fora $1,500 phone bill. Mayor Sonterre asked the Council to formulate a policy for cell phone usage. He requested City Administrator Miller to look into creating a policy. Council Member Marty commented that Nextel has the two-way radios, so it seems the cell phone usage wouldn't need to be high. Mayor Sonterre also commented on a check to Brighton Veterinary Hospital and explained the reason this invoice is paid is because they have a boarding facility and that is not allowed in Mounds View. MOTION/SECOND: Thomas/Marty. To Approve Consent Agenda Item A. Ayes - 5 Nays - 0 Motion carried. Council Member Stigney raised questions on item 6e -Conditional Acceptance of Improvements, Walgreens Development. He stated he was concerned with the trailway along County Highway 10. \J Mounds View City Council August 13, 2001 Regular Meeting Page 6 Community Development Director Ericson stated he had left a message for the County to seek permission from them for signage. He said the County is looking into installing crosswalk signs that would not be typical. Throughout the County, there is no signage utilized to call attention to crosswalks at intersections. The intent is to install some type of signage. Staff has not spoken with the developer yet regarding signage on the other side of the access. However, Staff has discussed adding striping on the trailway, which the developer has made arrangements to complete. Also, Staff has not yet discussed drawing attention to motorists that there is a trailway. He stated the City and developer are looking into the best way to make sure it is well marked. Council Member Stigney pointed out the actual resolution doesn't state the City should be provided with a Mylar copy of the site plan as builts. Community Development Director Ericson responded it is in the development agreement and should be in the resolution. Community Development Director Ericson noticed the Resolution is numbered wrong. He said the considerations should be renumbered, and the current number 12 should be amended to include a Mylar copy of the site shall be provided. MOTION/SECOND: Stigney/Thomas. To Waive the Reading and Approve Resolution 5600, A Resolution to Conditionally Accept the Public Improvements. Ayes - 5 Nays - 0 Motion carried. 7. COUNCIL BUSINESS A. Continuation of Public Hearing to Consider the Intoxicating Liquor and Sunday Sales License Applications for Topa Corporation dba Donatelle's. Mayor Sonterre opened the public hearing at 7:56 p.m. Assistant to the City Administrator Reed stated this issue was before the Council in June and July and she was pleased to report it can move forward. Topa Corporation has changed the business name to Notty Pine. The public hearing had been advertised with Topa Corporation as the name. She continued that Mr. Stuart, the applicant is present. He met with Staff to assure all requirements were being met. The background check has been completed and is satisfactory. The Department of Revenue has given their approval to issue the license. The Health Department has a few more hours of work to complete, though they reported they don't have any hesitations in issuing a restaurant license. The applicant still needs to acquire an intoxicating liquor license, which is later in this agenda. Mr. Stuart, applicant, invited questions. Council Member Stigney questioned when the restaurant will open. Mr. Stuart replied he hoped in 10 days to 2 weeks. He added that hiring will be the biggest obstacle. The restaurant will have a similar menu to the Main Event restaurant. There will be a short menu early on in the business, and more choices will be added in time. Mounds View City Council August 13, 2001 Regular Meeting Page 7 Mayor Sonterre asked if Mr. Stuart felt all the issues were handled. Mr. Stuart replied he does. Assistant to the City Administrator Reed stated the license would be valid from 8/14/01 and expire on 6/30/2002. Mayor Sonterre asked if the Council approved the license, and the Department of Health gave their approval later, if that would extend the expiration date of the license. City Attorney Riggs explained the license automatically goes through June 30. Council Member Thomas suggested that since there is another application on this agenda for this applicant, it maybe more efficient to vote on both licenses at the same time. City Administrator Miller explained the approval would then need to be contingent on the Health Department approval. She was under the understanding that some equipment still needed to be delivered. She cautioned the Council to make their motion contingent. Assistant to the City Administrator Reed noted this item is a public hearing and the other item is not part of this public hearing. Council Member Thomas suggested that since the public hearing has been held, a motion can wait to be given until the other item is presented. She noted that Item 7h cannot be moved up on the agenda since it is not a public hearing. Public hearings must be presented first. David Jahnke, 8428 Eastwood Road, asked if the parking issue had ever been resolved. Mayor Sonterre responded the Director of Economic Development has been in discussions with the theatre and restaurant owners and steps have been taken to alleviate that problem. Mayor Sonterre closed the public hearing at 8:02 p.m. MOTION/SECOND: Thomas/Stigney. To Carry Item 7a over until Item 7h is Presented. Ayes - 5 Nays - 0 Motion carried. B. Public Hearing to consider an Appeal of Planning Commission Resolution 660-01, a Resolution Denying a Variance Request. Mayor Sonterre opened the public hearing at 8:03 p.m. Planning Associate Atkinson stated Arlen Baumhoefner, petitioner, appeared before the Planning Commission last month. His request was denied and he is appealing this decision before the Council. The Planning Commission unanimously denied the request. Planning Associate Atkinson commented there have been no comments from neighbors. However, one neighbor appeared at the last Planning Commission meeting and was in favor of this request. Mounds View City Council August 13, 2001 Regular Meeting Page 8 • Mr. Baumhoefner, 5532 St. Stephen Street, distributed pictures of the building. He thanked the Council for their time and explained this building is not a normal tool shed. He informed the Council he is licensed in electrical, plumbing and HVAC. He said he understood why the City has rules. Though in this instance there are no power or phone lines nor drainage access that is being disturbed. He pointed out the landscaping on the pictures and stated it is complementary to the building. He said decorating is important to his wife. The neighbor who testified at the Planning Commission meeting was excited for this and added some flowers as well. He said he is aware that if he moves, the new owner may want to move the shed. It is on cross bars and this enables the shed to be moved east or west. The dimensions are 10x16 feet. It functions as a storage facility for non-profit props. His wife puts on plays, proms, etc. and has fairly large props. Council Member Thomas questioned letter F on the variance which states the variance would not be materially detrimental to the purpose of this title. Assistant Planner Atkinson explained this is actually City Code. Council Member Quick questioned whether the City requires tie downs. Assistant Planner Atkinson deferred to the building inspector. Council Member Quick noted the building is already built and asked if a permit was obtained and followed. • Community Development Director Ericson explained the applicant did have a permit before requesting the variance. The applicant was told what the requirements were and the building was then made movable. If the Council denies this request, it can be moved back. Council Member Stigney stated his concern is the Planning Commission unanimously denied the request. He asked Mr. Baumhoefner is there is some reason he could not pull the building five feet from the property line. Mr. Baumhoefner explained that if the building were four feet closer, it would destroy the site lines of the back yard. He also stated that four feet could help create a junk pile. He does not intend to start one, as most people have that intention, but it tends to happen. This building is meant to be attractive. Council Member Stigney asked if the Planning Commission saw the pictures. Community Development Director Ericson said they did not. Planning Associate Atkinson stated the Planning Commission's concern was the seven criteria. They felt they couldn't approve the variance based on the seven criteria. Community Development Director Ericson said the Planning Commission considers every request carefully. If the lot would be sloped and there would be no other place to put a shed, then this variance would be approved. He explained that in this case, there is no hardship case to Mounds View City Council August 13, 2001 Regular Meeting Page 9 having the shed where it is. In the Planning Commission's denial, they recommended to the Council that this be denied. City Attorney Riggs stated the Council needs to make findings to establish the hardship. Council Member Thomas asked if hardship guidelines are established. Director of Community Development Ericson stated he could not think of any. Council Member Quick pointed out that oversized garages fall under conditional use permits. David Jahnke, 8428 Eastwood Road, stated he has watched this type of case before and understands the hardships. He said he has heard people say the Council can overturn decisions. He has seen variances given for oversized garages. He gave his opinion that he thought this request should be approved. Mayor Sonterre closed the public hearing at 8:21 p.m. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 5583, A Resolution Denying a Variance Request. Council Member Marty suggested that if this building was there five to ten years, and a new . owner moved in and didn't want the building, it could be destroyed in moving it four feet. If this request is approved, and new owners moved in, the shed would be considered grandfathered in and the new owners would not have a choice. Council Member Quick stated he could not see the benefit in challenging the Planning Commission. He said he has a shed and it is five feet from the property line. He didn't see why Mr. Baumhoefner couldn't follow the guidelines as other residents do. There is no reason such as a 100-year old oak tree or situations created by subdivisions that this shed would be in the way and did not find reason to grant the request. Council Member Thomas stated she was conflicted. She said she is "a letter of the law" type of person in that when there is a list of criteria, she feels it should be followed. She said she is never in favor of overturning a unanimous decision of our Planning Commission. She continued that on the other hand, this is a neighborhood and the neighbors should have a say in what is going on around them. She stated there is nothing that can be done now, though a policy should be effected stating neighbors could have an influence. Council Member Quick said that if people wanted a say in what happens in their neighborhood, they have the right to run for office. He felt this was an isolated case since there are not a lot of people with this type of situation. He stated that Mr. Baumhoefner was aware of the rules and since he is licensed in several trades, he knows the code should be followed. • Council Member Stigney expressed his view that the City Attorney demonstrated the Council does not have the option to approve the appeal. Mounds View City Council August 13, 2001 Regular Meeting Page 10 • Council Member Marty said that based on the City Attorney's comments and the Planning Commission's decision, he did not see demonstrated hardship. He felt the Council would be hardpressed to overrule the seven points. Mayor Sonterre stated he was taking solace in that this building was a fixed building. Since at some point someone could move it into the zoning code, he could not support the appeal of the denial. Ayes - 5 Nays - 0 Motion carried. C. Public Hearing to Consider a Conditional Use Permit for an oversized Garage at 8368 Groveland Road. • • Mayor Sonterre opened the public hearing at 8:32 p.m. Planning Associate Atkinson stated the applicant appeared before the Planning Commission on July 18. He has not had contact with any neighbors regarding this case. He added that Mr. Clasen has been in contact with the neighbor directly to the north of him and that neighbor is in approval. Mayor Sonterre closed the public hearing at 8:32 p.m. Council Member Marty questioned whether the neighbors around Mr. Clasen need to be contacted. Planning Associate Atkinson explained all neighbors were notified before the Planning Commission meeting. A public notice was printed in the paper as well. There have been no responses. Council Member Thomas asked if there was a specific intent to build an oversized garage. Jack Clasen, 8368 Groveland Road, explained the reason for the size is for the items in his yard that he does not want in his yard. He added that the next phase of improvement will be to re-side his house. He cannot match the siding of the house which was from 1968, so he will re- side the entire house. Council Member Quick asked Mr. Clasen if he works on his own vehicles. Mr. Clasen replied he does not; however his neighbor works on his own cars. This neighbor will be the most affected neighbor and he has mentioned to Mr. Clasen that he is in favor of building this garage. MOTION/SECOND: Quick/Marty. To Approve the Conditional Use Permit for an Oversized Garage at 8368 Groveland Road. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council August 13, 2001 Regular Meeting Page 11 D. Public Hearin to Consider A Conditional Use Permit for Mounds View g Animal Hospital to Operate an Animal Hospital at 2625 County Highway 10. Mayor Sonterre opened the public hearing at 8:37 p.m. Planning Associate Atkinson stated the Mounds View Animal Hospital would like to relocate. They have been in front of the Council and Planning Commission several times. Planning Associate Atkinson recapped the rezoning issue. The Planning Commission recommended approval of the conditional use permit as they did not find adverse effects that were significant. It is up to the Council to look for any adverse effects. He noted the neighbors were concerned about access. Dr. Barcus of the Mounds View Animal Hospital did address that issue at a previous meeting, and the issue will be discussed at the development stage. Discussion at this meeting should center around the business use. The owners are requesting to board animals and boarding is not approved in the City Code. Staff recommends tabling this request until Ordinance 685 is adopted. City Attorney Riggs asked if the public hearing would need to be re-noticed if it was continued. Director of Community Development Ericson responded that further public comment is not needed since there has been significant public input. Council Member Thomas asked how long the hearing would be continued. Planning Associate Atkinson stated it would be until the ordinance is m place. Council Member Thomas questioned if that would cause developmental delay for the hospital. Planning Associate Atkinson explained that Mounds View Hospital is waiting for a development review and that will be discussed on Wednesday. Council Member Thomas inquired if it would be appropriate for the Mounds View Animal Hospital to be at the Planning Commission on Wednesday if the Conditional Use Permit is not granted. Director of Community Development Ericson stated it would be appropriate. The conditional use permit will be before the Council before the Planning Commission acts on the development review application. City Attorney Riggs concurred that it would be appropriate. Director of Community Development Ericson explained that no action is necessary until the Ordinance is presented for discussion. Mayor Sonterre closed the public hearing at 8:42 p.m. E. Public Hearing and First Reading (Introduction) of Ordinance 685, an Ordinance Amending the Title 1100 (the Zoning Code) of the Mounds View Mounds View City Council August 13, 2001 Regular Meeting Page 12 Municipal Code to Allow the Commercial Boarding of Animals within the B- 2, Limited Business District. Mayor Sonterre opened the public hearing at 8:43 p.m. Planning Associate Atkinson stated this ordinance will amend the municipal code. The Mounds View Animal Hospital is requesting to board animals, as previously mentioned. This ordinance would allow boarding in B-2 zones, and only in B-2 zones. This ordinance would not apply just for this animal hospital, but for any animal hospital in a B-2 zone. He continued that this is a conditional use permit and any animal hospital wanting to board animals would need to come before the Council to board animals. The Council could then discuss any adverse effects. It is proposed that in the City Code, Chapter 1113.04, Subd. 4, Point b. would be removed. When the Planning Commission reviewed this, they suggested adding conditions and those conditions are listed in the Staff Report. Also, he suggested changing the definition of "Animal Boarding Facility" to be included in the City Code. Council Member Thomas asked if there was an animal population limit to an boarding facility in the state statute, or whether it is something the Council should be considering. Planning Associate Atkinson said it is not in the state statute. The Mounds View Animal Hospital is proposing 16 runs for animals. He further explained the Council could define "noise'' • and that could be a provision the Council could consider if a another business seeks a conditional use permit. Council Member Thomas stated the thought a limit should be included in the Code. It would benefit future hospitals as well. She laid out the scenario that if a business sought to house 80 animals and the Council considered it a noise problem, the Council could not deny a conditional use permit if the business presented enough information that they would have that problem contained. Mayor Sonterre stated the Minnesota Pet and Containment Act does not specify how many animals are allowed. Planning Associate Atkinson commented he would like to research that issue. Dr. Bruce Schnabel, applicant, informed the Council that the state does not have a limit. Planning Associate Atkinson mentioned the state does specify a size limit of animals. Council Member Marty questioned where the outdoor runs would be since he didn't identify them on the plans. Dr. Schnabel explained where the outdoor runs would be and added that it would be a contained and monitored area. He also explained the heating and air conditioning system and stated the clinic would be separated into three zones. The zones would be the reception area, the exam Mounds View City Council August 13, 2001 Regular Meeting Page 13 rooms, and the kennel and animal holding area. The air is not mixed between the zones. The kennel would have their own heat exchanger, so the heat is conserved, but not recirculated. The kennel room would be sound insulated to prevent noise from coming to the front of the clinic and outside the clinic. He showed the plans to the Council. He also explained they plan on having 16 runs, and don't have plans or room to expand the number of runs. There will be cages for hospitalized patients. Director of Community Development Ericson pointed out that with the conditional use permit, the Council does have the authority to deny a request if presented with a request for 80 dogs in a small building. He said Staff felt this request would not necessitate a limiting number associated with it. Every boarding facility will have to come before the Council. Mayor Sonterre closed the public hearing at 8:54 p.m. MOTION/SECOND: Quick/Marty. To Waive the First Reading and Approve Ordinance 685, An Ordinance Amending the Title 1100 (the Zoning Code) of the Mounds View Municipal Code to Allow the Commercial Boarding of Animals within the B-2, Limited Business District. Ayes - 5 Nays - 0 Motion carried. F. Resolution 5601, Appointing Tim Brennan as Interim Chief of Police. • Assistant to the City Administrator Reed reported the police chief resigned effective August 20. The City Administrator has recommended that Tim Brennan be appointed Intenm Chief of Police. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5601, A Resolution Appointing Tim Brennan as Interim Chief of Police. Ayes - 5 Nays - 0 Motion carried. Council Member Marty questioned if the salaries of the Public Works employees would be reviewed later. City Administrator Miller explained the City will be advertising for the Public Works Director position. If the Public Works Department employees' salaries are to be increased, it will be reviewed later. She added that the responsibilities of the Public Works Director have been spread among employees as per Michael Ulrich. Council Member Marty inquired if the 15% increase in pay for the interim Public Works Director is then split among the employees. City Administrator Miller said this will be reviewed at a Human Resources meeting. G. Approval of On-Sale Malt Liquor License for Bridges Golf Course. . This item was removed from the Agenda. Mounds View City Council August 13, 2001 Regular Meeting Page 14 • H. Approval of Intoxicating Liquor License and Restaurant License for Topa Corporation dba Donatelle's. City Attorney Riggs explained that there are two licenses to approve. The liquor license would need to be approved contingent upon the other license being approved on August 16. The liquor license would be effective August 17. The prerequisite is to have the restaurant license first. Council Member Thomas asked if both motions can be approved at once. City Attorney Riggs replied they can be. MOTION/SECOND: Thomas/Marty. To Approve the Intoxicating Liquor License for Topa Corporation as Amended With Said Conditions and to Waive the Reading. Ayes - 5 Nays - 0 Motion carried. Mayor Sonterre called a 5-minute recess at 9:02 p.m. The Council returned from recess at 9:10 p.m. 8. SPECIAL ORDER OF BUSINESS • Mayor Sonterre presented a plaque to Police Chief Clark. It was noted that Police Chief Clark will celebrate his second anniversary with the City of Mounds View. Mayor Sonterre thanked him for his hard work. Police Chief Clark said it was a delight to be with the City and added the City has a fine department. 9. REPORTS A. Schedule Special Budget Work Session. City Administrator Miller sought to schedule a special budget work session within the month. She planned to have the Council meet with department directors to go through the budget. The preliminary date was set for Monday, August 20 from 7:00 to 9:00 p.m. The meeting date for September will be September 4 as part of the Work Session. Council Member Marty informed the Council that Economic Development Coordinator Aaron Parrish resigned last Tuesday, August 7. Council Member Marty questioned the reason Assistant to the City Administrator Reed is present for Council meetings. He suggested City Administrator Miller present cases rather than her assistant. Assistant to the City Administrator Reed explained she is not paid overtime, but receives flextime. She loses flex time at the end of the year because she has no time to take it, which is typically the case with other employees. i Mounds View City Council August 13, 2001 Regular Meeting Page 15 Council Member Marty stated that while the Chief of Police was gone, Lt. Brennan was also on vacation. Council Member Marty said he understood that Lt. Brennan would be assuming the Interim Police Chief responsibilities starting Wednesday, August 14. He noted that on Tuesday August 13, Lt. Brennan has ahalf--day of vacation. Council Member Marty questioned when Lt Brennan will learn that position to effectively carry out the duties. City Administrator Miller explained it is not unusual for an employee to take time off prior to assuming new responsibilities. She added that once an employee assumes new responsibilities, they have no time to take vacation. She didn't feel this was an unusual situation. It was the Police Chief's responsibility to approve the Deputy Chief's time away. City Administrator Miller stated she received a call from a resident stating they received a notice from the Rice Creek Watershed regarding a petition. The notice stated an EAW will be conducted prior to the ponding. City Administrator Miller apologized that there was some confusion regarding the liquor license at the Bridges Golf Course. A memo was circulated to Council Members stating the license had lapsed. It is the Assistant to the City Administrator's responsibility to oversee that and she was on vacation. When she returned from vacation, she was told the Council did approve the license. It was listed in the Consent Agenda, and may not have been noticed. Assistant to the City Administrator Reed confirmed the insurance was still effective. An email has been sent to the • Council Members and the Golf Course has been told to resume selling liquor. Council Member Stigney questioned if Mayor Sonterre has yet met with the Senator's office regarding the sound wall. Mayor Sonterre stated he made a recommendation at that meeting, which MNDOT was amenable to. City Attorney Riggs stated he received a phone call from Esultants, the company that is working on the web site. This individual said he had been given approval to start working on the web site, so he did. Costs were incurred, and he is questioning why he hasn't been paid. City Attorney Riggs stated this has not been approved by the Council and explained to the individual that the approval he had gotten wasn't Council direction. City Attorney Riggs stated the Council should discuss how to handle this situation. Mayor Sonterre inquired if the City Administrator will be notified to bring it to the Council. City Attorney Riggs said he advised the individual to call the City Administrator. Assistant to the City Administrator Reed said she was seeking direction to fill some of the positions that have opened up recently. She said she came to the Council for approval for the severance package for Mr. Decheine, but did not ask for direction to fill that position. Council Member Stigney pointed out that position was pre-filled a couple of years ago, and since then there has been one extra person in that department. • Mounds View City Council August 13, 2001 Regular Meeting Page 16 • • Council Member Quick commented that one person is trained in for that job, but that doesn't address the fact that the head count is down one. Council Member Marty remarked that when this employee was hired, they were directed to that department to prepare for assuming this position. Council Member Stigney stated this happened during his tenure here under the last mayor under Mayor McCarty. Assistant to the City Administrator Reed stated Patrick Toth resigned effective August 31. He was part time with half benefits. She sought direction to hire for this position. City Administrator Miller explained that since Assistant to the City Administrator Reed had been on vacation, they had not yet discussed this issue. City Administrator Miller stated she would explain the situation at a later date to her assistant. Assistant to the City Administrator Reed stated Economic Development Coordinator Parrish resigned effective August 23 and requested direction to fill that position. MOTION/SECOND: Marty/Stigney. To Approve Advertising for the Position of Economic Development Coordinator. Ayes - 5 Nays - 0 Motion carried. Council Member Marty commented that there is no wireless Internet. City Administrator Miller responded Jim Hess is researching options. She added that it will be difficult to replace since it was free. Council Member Marty stated that Dana Mandosa, a resident, contacted him. Mr. Mandosa mentioned that Mr. Kesel and Mr. Hammerschmidt had faxed a proposal to the City Attorney that day. City Attorney Riggs stated the proposal was not faxed to him, though someone in his office received them. He added it was not appropriate to discuss the issue at this time. Mayor Sonterre mentioned that he attended the groundbreaking ceremony that was held at the Mermaid. It was well attended by residents and construction workers. Council Member Marty was there as well. This event represented the beginning stages of redevelopment of the County Road 10 corridor. Mayor Sonterre stated he has had meetings with Senator Chaudhary and others regarding the sound wall. He explained that at a prior meeting a question was raised whether the sound wall ends prematurely. MNDOT determined the wall did end 1,000 feet early. MNDOT accepted responsibility to add to it. Mounds View will receive $300,000 from the state. The state's intention was to continue from where it ends now, which would go through a nonpopulated area. MNDOT was asked if they would contribute $300,000 toward sound wall development along houses that are directly along the park. Frank Pafkow from MNDOT agreed that it would be acceptable on MNDOT's part to move the sound wall down along the Park. Engineers are Mounds View City Council August 13, 2001 Regular Meeting Page 17 working on the size needed to cover homes on that stretch of road. They are also working with Rice Creek Watershed. The trees should not be removed for this. MNDOT has offered to buy landscaping materials to be planted along the berm. They won't donate their labor, but will give the materials. Mayor Sonterre stated that MNDOT indicated they need to take measurements to gain the best benefits to residents along the park. Council Member Quick asked whether homes along the park and homes in the manufactured home park qualify for sound walls. Mayor Sonterre explained they do not, according to the MNDOT definitions. Council Member Quick asked if the City Attorney Riggs could research this issue. Council Member Quick said he found it difficult to understand why the MNDOT would build along a park, a nonpopulated area, and not along a residential area. He also pointed out that the MNDOT is going against the Council's recommendation. He expressed his concern that a state agency is going off in their own direction. MOTION/SECOND: Quick/Marty. To Place This Issue on the Next Work Session Agenda for Council to Direct Staff How to Communicate with MNDOT. Mayor Sonterre explained that nothing has been finalized. Suggestions were made and the MNDOT was amenable to it. They will bring a recommendation to the City. • Council Member Marty mentioned that the groundbreaking ceremony at the Mermaid was not posted as an open meeting. He had spoken with Director of Community Development Ericson that afternoon, and it was too late to post as an open meeting. City Administrator Miller explained that such incidental meetings do not need posting, though it can be if the Council would be more comfortable. City Attorney Riggs stated that City Administrator Miller called to request interpretation. City Attorney Riggs explained that the handbook says that an incidental meeting with no agenda does not need to be posted. Council Member Quick stated that if the meeting is in an open setting with multiple members of Council present, he concurs with the City Administrator. Council Member Thomas stated one of the benefits of posting is the Council would have to watch their conversations a Iittle less stringently. Since conversations can go the wrong way, it could be be helpful if meetings were posted. City Administrator Miller asked if the Council is directing her to post informal meetings. Council Member Quick stated he didn't see that informal meetings needed posting unless the Council wanted to for their comfort level. Mounds View City Council August 13, 2001 Regular Meeting Page 18 City Attorney Riggs stated that if all five members will be in attendance, he would recommend posting even if they are not conducting city business. He added that it is a "gray" area. Council Member Quick pointed out that the table for Festival in the Park was manned by Council Members and that didn't need posting. However, if all five Council Members happened to meet in a home, he would feel comfortable having that posted. Mayor Sonterre stated that Chapter 403 of the City Code states the Mounds View City Council should be serving someone. In reviewing this section of the Code, he didn't see that the Council was in compliance. He raised the question of whether Council Members are the best representatives of human rights. Possibly a residential commission would be better suited. He suggested changing the City Code under "membership" from "members of City Council" to "Five Members of Residents of Mounds View" and he was inviting input. Council Member Marty voiced his opinion that one Council person should be part of this commission. Mayor Sonterre stated he has concluded that Council liaisons should not be on these commissions. Council Member Thomas stated her concern was that any time there is consideration to change the Code, it is a serious change that takes significant discussion. She suggested this issue deserved work session time where it can be discussed fully. The reports format doesn't lend enough time. Mayor Sonterre concurred with Council Member Thomas. MOTION/SECOND: Thomas/Stigney. To Consider Making a Change to City Code Under Membership at a Future Work Session. Council Member Quick stated he would be opposed to any changes whatsoever. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. June 4, 2001 B. June 6, 2001 C. June 11, 2001 D. June 25, 2001 E. July 9, 2001 F. July 23, 2001 Council Member Thomas requested to pull item D off the minutes list. She stated the minutes have not yet had corrections made according to the tape. Mounds View City Council August 13, 2001 Regular Meeting Page 19 • MOTION/SECOND: Thomas/Stigney. To Remove Item D, the Minutes of June 25, 2001 off Agenda Until Corrected. Ayes - 5 Nays - 0 Motion carried. Council Member Marty stated he did not receive the July 9 minutes by email. He requested that item E be pulled off the minutes list for approval at a later date. MOTION/SECOND: Marty/Stigney. To Remove Item E, the Minutes of July 9, 2001 off the Agenda for Approval at a Later Date. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Marty/Thomas. To Extend the Meeting Another Fifteen Minutes. Ayes - 5 Nays - 0 Motion carried. • City Attorney Riggs stated that Items A and B are to be one meeting. He stated he spoke with the recording secretary and confirmed she did receive a video tape for the June 6 meeting. He understood this tape was inaudible and also understood the Council chose not to discuss the minutes at the last work session. He said was not sure the minutes are in a form that are ready for acceptance, and he has comments to add. He directed the City Administrator to take a draft review of the minutes with the idea that these minutes will be finalized by this week. City Attorney Riggs continued, commenting that if the tape is inaudible, it becomes public property. Council Member Marty stated he did make a copy of the video for the City, and has it at his home. City Attorney Riggs stated the tape needs to be available for public viewing. He said he thought that would be the most expedient way to get this finalized. He explained that officially, the City Clerk Administrator is the official minute taker. The hired recording secretary and her employer should not be placed in the middle of reviewing tapes. MOTION/SECOND: Quick/Marty. To Remove Items A and B From the Agenda and To Follow City Attorney's Direction for the City Administrator to Draft Review Meeting Minutes of June 4 and 6, 2001. Ayes - 5 Nays - 0 Motion carried. • Council Member Thomas requested that the minutes of June 11, 2001 be changed on page 20, first paragraph from "run through" to "formulated." MOTION/SECOND: Marty/Thomas. To Approve Meeting Minutes of June 1 1, 2201 as amended. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council August 13, 2001 Regular Meeting Page 20 Council Member Marty requested that the minutes of July 23, 2001 be changed on page 3, fifth paragraph from "Ms. Sandburg" to "Ms. Sandback". Mayor Sonterre requested that the same minutes be changed on page 3, fourth paragraph from "Pavkow" to "Pafkow". MOTION/SECOND: Marty/Stigney. To Approve Meeting Minutes of July 23, 2201 as amended. Ayes - 5 Nays - 0 Motion carried. Mayor Sonterre announced the Council will adjourn their meeting to the closed session and not return to the Chambers. 11. CLOSED SESSION TO DISCUSS PENDING/THREATENED LITIGATION AND RELATED MATTERS. Jerry Linke questioned the closed session to discuss threatened litigation and stated before closing a meeting, the specific grounds permitting a meeting to be closed must be disclosed. He felt that having the words "related matters" on the agenda did not disclose the reasoning. Mayor Sonterre explained the reason for adjourning to a closed session was to discuss protected . information. City Attorney Riggs suggested removing the words "And Related Matters" from Item 11. Mr. Linke questioned closing the meeting at 10:18 p.m. and was concerned the meeting would not be completed by that time. City Attorney Riggs stated that in discussing this matter with City Administrator Miller, he did not forecast the meeting would need to be more than 15 minutes. MOTION/SECOND: Marty/Thomas. To Extend the Meeting to 10:25 p.m. Ayes - 5 Nays - 0 Motion carried. The meeting recessed to a closed session and will adjourn. 12. Next Council Work Session: September 4, 2001 Next Council Meeting August 27, 2001 13. ADJOURNMENT Mayor Sonterre adjourned the meeting to a closed session at 10:13 p.m. Mounds View City Council August 13, 2001 Regular Meeting Page 21 Transcribed and recorded by: Christine Moksnes Timesaver Off Site Secretarial, Inc. • • MOUNDS VIEW CITY COUNCIL MEETING . August 13, 2001 Please sign in NAME ADDRESS ~~~~ ~ ~ ~ `, , -~~ da ~:.::.: C:Admin.resolution.sign-in sheet