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HomeMy WebLinkAboutMinutes - 2003/04/28PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Ap~~~}~ ~`'~~ ~3 1. MEETING IS CALLED TO ORDER Regular Meeting Apri128, 2003 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 4. APPROVAL OF AGENDA A. .Monday, Apri128, 2003 City Council Agenda. MOTION/SECOND: Marty/Gunn. To Approve the Monday, April 28, 2003 Agenda as Presented. Ayes - 5 5. PUBLIC INPUT Nays - 0 Motion carried. Connie Merchant, a resident of Wildwood Manor, asked if the road would be changed. Mayor Linke indicated he was not aware of any change to the roads. Interim City Administrator Ericson indicated the realignment of Long Lake Road is not proposed at this time. 6. SPECIAL ORDER OF BUSINESS None. 7. JUST AND CORRECT CLAIMS A. Just and Correct Claims • Mounds View City Council Apri128, 2003 Regular Meeting Page 2 • Finance Director Hansen informed Council the outstanding MCI issues had been resolved and then asked for approval to seek quotes for other long distance service as Staff feels that better rates are available. Council Member Quick asked what rate the City is paying. Finance Director Hansen indicated the rate is approximately 14 cents per minute which is not what it ends up to be after figuring in all the extra charges. Council Member Marty indicated that he supports the recommendation to research better rates. Council Member Stigney recommended researching rates on the Internet. MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. • 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 5981, Appointing an Alternate Mounds View Representative to the North Suburban Communications Commission C. Resolution 6000, Approving Agreement for Professional Services for Golf Lessons with Steve Manthis D. Resolution 5994, Approving a Longevity Step Adjustment for Michael Kampa, Patrol Officer E. Resolution 5998, Approving a Step Adjustment for Kirk Leitch, Patrol Officer F. Resolution 6003, Approving a Cigarette and Tobacco License for View Market, 2410 County Road I G. Resolution 6006 Authorizing Additional Compensation for PayrolWtility Billing Technician Debbie Jasper for Working Outside of Job Classification H. Resolution 5999, Approval of Camcorder Purchase for Cable Department Council Member Stigney requested that Item H be removed for discussion. MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items A - G as Presented. Ayes - 5 Nays - 0 Motion carried. Council Member Stigney asked whether Staff had researched to determine whether the camcorder found at the golf course works. • Mr. Gammell indicated that he would need to locate a power cord to determine whether or not the camcorder works. Mounds View City Council Apri128, 2003 Regular Meeting Page 3 Council Member Stigney recommended taking it to a local repair shop and asking them to determine whether it works before the City pays for a new camera. He then said that he would prefer to purchase it on the Internet rather than from a local company and pay more. Mr. Gambel indicated he had spoken with the Interim City Administrator concerning the matter and he had indicated a preference for using a local vendor to ensure ease with any types of service issues rather than having to mail the camera somewhere to be serviced. Council Member Stigney indicated that the camcorder comes with a manufacturers warranty and he feels it would be prudent to go with the cheapest one. Mr. Gambel indicated he believes it to be preferable to go through a local vendor for a high priced item to save shipping charges and insurance costs. Council Member Marty commented that some of the Internet vendors have a poor customer service rating. He then said he said he spoke to Mr. Gambel earlier about the optional power supply and asked whether the power supply was part of the purchase. Mr. Gambel indicated it would be good to have a power supply but there is not an immediate need and he would prefer to shop around before purchasing the power supply. • Mayor Linke read Resolution 5999. He then indicated that the funds are from the franchise fee that is paid for by residents when they pay their cable bill. Council Member Stigney commented that there are some Internet vendors that have a poor customer service rating but the one with the cheapest price has a very good rating. He then said his recommendation would be to purchase the cheapest. Mr. Gambel indicated that he asked the local vendor whether they could match the Internet price and they were not able to do so. He then said that his recommendation would be to go with the local vendor and noted that CTV uses this dealer. MOTION/SECOND: Marty/Quick. To Approve Resolution 5999, a Resolution Approving the Purchase of a Camcorder for the Cable Department. Council Member Marty indicated the local vendor's price is $5,269.00 and the Internet vendor's price is $5,055 and he does not feel the $200.00 savings is worth the hassle of having to deal with long distance service. Council Member Stigney indicated he does not think it would be prudent to throw away $200.00. Ayes - 4 Nays -1(Stigney) Motion carried. Mounds View City Council Apri128, 2003 Regular Meeting Page 4 LJ 9. COUNCIL BUSINESS A. Public Hearing, Introduction and First Reading of Ordinance 711, an Ordinance Amending the Mounds View Zoning Code Pertaining to Pawnshops. Mayor Linke opened the public hearing at 7:20 p.m. Interim City Administrator Ericson indicated this item was on the agenda as the Planning Commission had planned to have a recommendation for Council approval. He then indicated that the Planning Commission needed another meeting to discuss and make its recommendation and asked that the public hearing be continued to the May 12, 2003 Council meeting. MOTION/SECOND: Gunn/Stigney. To Continue the Public Hearing to May 12, 2003. Ayes - 5 Nays - 0 Motion carried. B. Public Hearing and Discussion of Resolution 5997, a Resolution to Consider an Amendment to the Planned Unit Development Associated with the Property Located at 2442 County Highway 10. • • Interim City Administrator Ericson indicated that this matter is a request to change the allowed use for the property located at 2442 County Highway 10. He then indicated that the original PUD guided the property for a sit down restaurant and the owner has had difficulty marketing the property for that use and has asked the City to amend the PUD to allow for an office building. Interim City Administrator Ericson indicated the Planning Commission recommended approval of an amendment to the PUD to allow for an office building at this site. Mayor Linke opened the public hearing at 7:23 p.m. Mayor Linke asked that Resolution 5997 be read. Interim City Administrator Ericson read Resolution 5997. Council Member Quick asked for a status on the discussions between the theatre and the property owner for additional parking space. Interim City Administrator Ericson indicated that they are in negotiations for that right now and he is optimistic that they will have something worked out soon. He then clarified that the negotiations had been stalled but seem to be progressing at this time. Council Member Quick asked if there were issues with parking this winter. He then said that he noticed the theatre using parking stalls for snow storage. Mounds View City Council Apri128, 2003 Regular Meeting Page 5 • Interim City Administrator Ericson indicated he was not notified and clarified that he had made it very clear to residents that they needed to call him with any parking issues and he was not called. Council Member Quick indicated he would like to make a motion to table this approval until the parking situation is resolved. Interim City Administrator Ericson said he appreciated the concern and said it is a good idea and may be a way to get the parking situation resolved more quickly he does not think it would but be fair to hold Landcor over a barrel on their approval because of an unrelated situation that they have no control over. He then said that something does need to be done with regard to the parking but he does not think that holding up development would be prudent. Mayor Linke closed the public hearing at 7:31 p.m. Council Member Stigney indicated he agreed with Council Member Quick and further commented that he has no interest in amending the PUD as the original intent was for a sit down restaurant and that is what he would like to see there. He further commented that the request sounds innocent enough but once the amendment is made they will approach the City for a drive through type of restaurant along with the office building and he has no interest in any more drive through restaurants. Council Member Marty indicated he felt the City had enough drive through restaurants and fast food. He then said that it would be nice to have a medical office building that possibly housed an urgent care facility. He further commented that he is not sure the need for the office building is there because the first one sat vacant for a number of years. Mayor Linke commented that the City, as part of the PUD, could make it a medical office building. Council Member Quick indicated he would like a plan for who would be in the building. Council Member Stigney said his concern is that they want to move in a fast food restaurant at the same time. Council Member Marty commented that Mr. Backman does a great job and asked if he could work with the developer to market the building for medical uses. MOTION/SECOND: Quick/Marty. To Table Approval of Resolution 5997. Ayes - 5 Nays - 0 Motion carried. Mayor Linke asked Staff to watch the 60-day time frame and make sure the matter comes to Council before the expiration of the 60 days and to let the developer know why the matter was tabled. Mounds View City Council Apri128, 2003 Regular Meeting Page 6 • C. Public Works Department Quarterly Report Mayor Linke thanked Staff for the informative report. Public Works Director Lee indicated the report was lengthy and then highlighted the current projects for Council. Council Member Marty asked whether SEH has requested the reimbursement for MSA funds and asked for a status. Public Works Director Lee indicated that he and the Finance Director discussed the matter and Mr. Hansen has put together a report for SEH to make sure that they seek the proper reimbursement. Council Member Marty asked if it was possible to hold off on payments and stop sending work to SEH until the payments are made. Council Member Quick asked when it would be time to discuss the next street project. Public Works Director Lee indicated that Staff intended to have a long range plan put together by August for discussion. Council Member Quick indicated that Staff should look into the streets plan for 2004 now because of the timing involved. Council asked that 2004 streets proj ect be added to the May 5, 2003 work session. D. Finance Quarterly Report Finance Director Hansen indicated most of his report was routine and then went through some highlights for Council. He then indicated that the City ended up with a surplus of $1,047,000 rather than the projected $789,000. Finance Director Hansen indicated the factors leading to the surplus were that revenues were over budget by $250,000 and expenditures were under budget by $800,000 which stems from staff vacancies and other budget cutting that was done to save funds. Council Member Marty indicated he thought there were two open police positions not three as stated in the report. Finance Director Hansen explained that in 2001 Council created two additional positions that were to be funded by a COPS grant and when the grant did not come through they were not • hired. He then explained that the City was without a Finance Director and during the preparation of the 2002 budget those positions remained in the budget and a third position was added because Mounds View City Council April 28, 2003 Regular Meeting Page 7 • Council did not realize that the two positions were still in the budget. He further commented that the Police Chief's position remained open for all of 2002. Council Member Marty asked whether it would be prudent to begin making a quarterly contribution, rather than yearly, to the Community Center to avoid deficit amounts. Finance Director Hansen indicated it was possible but said that Council approves transfers and he usually brings them at year-end for approval. MOTION/SECOND: Marty/Gunn. To Direct the Finance Director to Make Quarterly Installments to the Community Center and Bring the Transfers to Council for Approval at Year End. Mayor Linke indicated he would like to discuss the matter at a work session. The Motion and Second were withdrawn. Mayor Linke noted that the school system is leaving the Community Center and asked whether there had been any other talks with the County on the use of that space. Interim City Administrator Ericson indicated he had spoken with the property manager for the County and the Judge who was overseeing the district court system and they are not looking to relocate the court facility at this time but maybe looking to hold court in various locations on a temporary basis. Mayor Linke indicated he disapproved of moving to St. Paul as it is inconvenient for residents to have to go down there and find a place to park. He then said that this battle was fought 15 years ago and there were six locations and now there is one left that they want to move downtown. Council Member Gunn asked for an explanation on the Real Life Cooperative. Finance Director Hansen indicated that Ramsey County provides administrative services for the City and the County bills the City for its time. He then noted that the Real Life Housing Cooperative was counted as one parcel in 2002 and in 2003 the County is counting each unit as a parcel increasing the fee from $370.00 to $1,160.00. He further commented that he is concerned that the City will see more trickle down effects of cuts from other agencies as they are trying to deal with their budget shortfalls. Mayor Linke thanked the accounting Staff for the outstanding work they are doing for the City. E. Introduction and First Reading of Ordinance 713, an Ordinance Amending Chapter 603 of the Mounds View Municipal Code Pertaining to Garbage and • Rubbish. Mounds View City Council Apri128, 2003 Regular Meeting Page 8 Public Works Director Lee indicated that Staff was approached by Waste Management with a proposal to change the recycling program. He then said that rather than picking up recycling every week this would be every other week and residents would not have to sort the recycling. He further commented that this would require an amendment to City Code because currently haulers are required to pick up recycling weekly. Council Member Gunn expressed concern that other haulers could go to every other week pick up and not offer single sort and the larger container. Interim City Administrator Ericson indicated the change to the Code opens up that possibility. Mayor Linke suggested amending the language to require that single sort with the larger container be required for every other week pick up otherwise it must be picked up weekly. Council Member Stigney indicated he prefers his small recycling bin and does not like that one hauler has struck out on its own to make this change and would have preferred that they work with the other haulers and do this all together. Council Member Quick asked how the recycling is sorted. • Public Works Director Lee indicated he was not sure but it is brought to the transfer station and that is where it is sorted. Council Member Marty indicated he likes the idea of fewer trucks on the City's streets. He then said he would like Staff to look into a proposal from July of 1999 to limit garbage pick up to two days a week as the trucks are noisy and it would be nicer for those residents that do work nights and sleep days to have pickup limited to two days per week rather than allowing it all week. MOTION/SECOND: Gunn/Linke. To Waive the Reading, Introduce the First Reading and Approve Ordinance 713, an Ordinance Amending Chapter 603 of the Mounds View Municipal Code Pertaining to Garbage and Rubbish. Council Member Marty indicated he would like to see more information before making this change. Council Member Stigney indicated he did not like Waste Management moving ahead on its own as he feels this is an issue that should have been addressed by the haulers as a group. Ayes - 3 Nays - 2 (Stigney/Marty) Motion carried. F. Introduction and First Reading of Ordinance 714, an Ordinance Amending Chapter 405 of the Mounds View Municipal Code Pertaining to the Parks • and Recreation Commission. Mounds View City Council April 28, 2003 Regular Meeting Page 9 • MOTION/SECOND: Marty/Quick. To Waive the Reading, Introduce the First Reading and Approve Ordinance 714, an Ordinance Amending Chapter 405 of the Mounds View Municipal Code Pertaining to the Parks and Recreation Commission. Ayes - 5 Nays - 0 Motion carried. G. Consideration of Resolution 6005, a Resolution Approving a Settlement Agreement with the Attorney General's Office Regarding the Office of the State Auditor (OSA) Notice of Noncompliance. Interim City Administrator Ericson indicated that negotiations on the matter have led to a letter from the Attorney General's Office concerning an agreement on the settlement of this matter. He then said that the Resolution attached states that the City at no time intended to willfully disregard the TIF statutes and there is no recognition of blame or wrongdoing on behalf of the City. He further commented that the penalty for failure to identify parcels is that in the future, the City will identify them and will not be allowed to form any new TIF districts for three months. Council Member Marty commented that this leaves the City with egg on its face for not finding the letters. Interim City Administrator Ericson indicated he does not take that position because the school and the County were notified and the fact that the record keeping of the City meant that the letters could not be produced does not constitute proof of wrongdoing. He further commented that minutes from meetings during that time indicate that the letters were sent. Mayor Linke read Resolution 6005. Council Member Quick commented that it is ludicrous what they are saying because he was at the meeting were the County and the School District were invited as interested parties concerning the TIF districts and it is unfortunate that those letters could not be produced to completely vindicate the City. MOTION/SECOND: Stigney/Marty. To Waive the Reading of the Settlement Agreement and Approve Resolution 6005, a Resolution Approving a Settlement Agreement with the Attorney General's Office Regarding the Office of the State Auditor (OSA) Notice of Noncompliance. Ayes - 5 Nays - 0 Motion carried. H. Consideration of Resolution 6002, a Resolution Approving aZero-Lot Line Minor Subdivision Request for 7656 Silver Lake Road. • Interim City Administrator Ericson indicated this is a request to further subdivide a lot subdivided last year to allow for a twin home located on one side of the two lots to be sold individually. This would allow for owner occupied units on either side. He then indicated that Mounds View City Council Apri128, 2003 Regular Meeting Page 10 the Planning Commission recommended approval of this Resolution with contingencies that there be deed restrictions governing what happens when, or if, one half of the structure is destroyed and how that will be rebuilt as well as a survey correction that needs to be made. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 6002, a Resolution Approving aZero-Lot Line Minor Subdivision Request for 7656 Silver Lake Road. Ayes - 5 Nays - 0 Motion carried. I. Fire Department Contract Renewal Discussion Interim City Administrator Ericson indicated he had attended a meeting with the Fire Department and Administrative Committee Representatives from Blaine and Spring Lake Park concerning the contract renewal. He then said that there is a memorandum of understanding that would allow continuance of the contract for another 10 years unless the City has a desire to renegotiate the contract. He further commented that the City must put its desire to renegotiate in writing to the other cities if that is the desire. Council Member Stigney indicated he feels this is the time to rethink the formula being used for calculating how the City pays for fire protection. He then said he has concerns with the language • allowing a salary to be paid to appointed directors to attend the meetings. Interim City Administrator Ericson indicated that Chief Zikmund was not able to be at this meeting due to another obligation and recommended tabling discussion of the contract until a time when the Chief can be present. Council asked that the fire services contract be moved to the work session for discussion and asked that Staff invite Chief Zikmund. 10. REPORTS Council Member Gunn thanked the Lions and the boy scouts for their work cleaning up the trash along County Highway 10. Mayor Linke indicated the Lions held their spring party and had 310 children plus adults and gave away 12 bicycles. He then said the event was a success but there were fewer attendees than the previous year. 1. Lions Bus Finance Director Hansen indicated that the Lions had given the City a bus about 12 years ago and he would like to discuss whether the City wants to continue to operate and insure the bus as it is • quite costly to do so. He then commented that he had done some research and it was used relatively few times during 2002 and he would like Council discuss whether it is cost effective to continue to insure the vehicle. Mounds View City Council Apri128, 2003 Regular Meeting Page 11 Council Member Marty commented that it is a nice amenity but the limited use does not seem to justify the cost during these tight budget times. Mayor Linke indicated the bus was used to meet the ADA requirements when the City had its own Park and Recreation department. He then asked Staff to ask the YMCA if they could use the bus and, if not, how they intended to fulfill the ADA requirements. Council Member Quick asked whether the City could use the van if the City had its own Park and Recreation department. Mayor Linke indicated that was when the van was used the most. Council asked that the matter be discussed at the next work session. 2. Legal Services RFP Responses Interim City Administrator Ericson indicated that he had received 12 responses from first interested in providing the City's legal services. He then indicated that the management team would review the proposals and bring a recommendation to Council for consideration. He also • asked if any members of Council wished to be part of the meeting where the proposals were discussed. Interim City Administrator Ericson indicated he had received a request from the Mounds View Community Theatre to be allowed to use the copier. He then explained that, in the past, the City has supported the Community Theatre by allowing use of the postage machine and copier but in light of the budget situation the Theatre is asking for just the use of the copier and they will bring their own paper. City Attorney Riggs indicated there is a statutory authority for dealing with organizations with this type of request and there is a cap on the amount. He then said he would review the statute and provide the information to Council. Council discussed whether the City could allow the Mounds View Community Theatre to use the copier but not other organizations. Council Member Gunn asked if there is a per copy charge on the lease for the copier. Finance Director Hansen indicated the machines have a per copy charge of .7 cents per copy which is very low. MOTION/SECOND: Quick/Gunn. To Direct Staff to Draft a Policy for Use of the Copy Machine by Other Organizations. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council Apri128, 2003 Regular Meeting Page 12 Interim City Administrator Ericson indicated he had spoken with Matt Fulton and 21 applications have been received for the City Administrator's position. He then indicated that he needed to add discussion of a City Planner to the May 5, 2003 work session agenda as the temporary planner has received a full time job offer and will be leaving the City this week. 3. Clarification of Council Request for Traffic Data Chief Sommer indicated that he has applied for a grant through the National Center for Missing and Exploited Children for the purchase of a photo quality printer/scanner to assist the police department with sending photographs when necessary. Chief Sommer indicated that he has applied for a grant to cover training of the school resource officer through the Office of Juvenile Justice and Delinquency Prevention. Chief Sommer indicated that there is a grant available for overtime spent on homeland security and community oriented policing up to $25,000 that requires a 25% match from the City with a deadline of June. Chief Sommer indicated there is also a grant available for anentry-level salary for a police • officer that requires a 25% match from the City. Chief Sommer thanked the VFW for maintaining the POW and American flag as they recently donated a new one. Chief Sommer asked for clarification on the request for reporting on moving violations and indicated that Staff appreciates the importance of such issues and intends to be responsive to them. Council Member Quick indicated that he would like to receive a monthly report. Council Member Stigney indicated he had no issue with the quarterly report and noted that he does not think excess Staff time for a monthly report was necessary. Council Member Marty suggested receiving the monthly report for a period of time and then evaluating whether it is necessary to continue receiving it monthly or if quarterly is adequate. Council Member Stigney indicated that Chief Sommer should keep track of how much time this takes and how many calls he is getting from Council. He then said that he feels Council is going overboard on this by asking for monthly reports. C. Report of Attorney • Council asked that the memorandum from the attorney be discussed at the May 5, 2003 work session. Mounds View City Council Apri128, 2003 Regular Meeting Page 13 • Council Member Stigney indicated he had spoken to the attorney prior to the meeting and asked for some follow up clarification from the attorney that the attorney agreed to provide. Council Member Quick indicated a resident asked him if the City has the obligation to defend an employee on a criminal charge. City Attorney Riggs indicated that it would depend upon the situation and the circumstances. He then said that the League of Minnesota Cities would be involved in that type of matter. Council Member Quick asked whether the City would have to pay if it was determined that the employee did something wrong that was criminal. City Attorney Riggs indicated if the actions were illegal, either negligence or gross negligence and absolutely criminal arguably there would be no obligation to defend. He then said that the question is difficult to answer without having all the facts. 11. APPROVAL OF MINUTES A. City Council Minutes Apri114, 2003 • Council Member Marty requested the following change: On Page 2, Line 26, add Doris Heilman. MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes of April 14, 2003, as Amended. Ayes - 5 Nays - 0 Motion carried. Council Member Marty asked whether any of the other City vehicles could be eliminated to eliminate the need to insure them. Finance Director Hansen indicated that Staff has not had time for review and had brought the bus to the attention of Council as it is very expensive compared to the policies on the other City vehicles. He then said he is not worried about the insurance on the other vehicles as the cost is minimal and Staff will make a recommendation on which vehicles to eliminate as soon as time permits. Finance Director Hansen indicated he had received an email from Spring Lake Park indicating that they are closing the beach at Lakeside Park for 2003 as a money saving measure. Mayor Linke indicated that the City would need to look at the agreement because he does not . think that Spring Lake Park can unilaterally close the beach. Mounds View City Council Apri128, 2003 Regular Meeting Page 14 • Council Member Quick asked how Council would feel about approaching the Lions for help with funding or adopting Lakeside Park. MOTION/SECOND: Quick/Gunn. To Direct Staff to Contact the Lions to Ask Whether they Would Like to Adopt Lakeside Park. Ayes - 5 Nays - 0 Motion carried. • Mayor Linke indicated that he and Chief Sommer would be attending a homeland security meeting on Apri129, 2003 at 7:00 p.m. in Roseville. 12. Next Council Work Session: Monday, May 5, 2003 Next Council Meeting: Monday, May 12, 2003 13. ADJOURNMENT Mayor Linke adjourned the meeting at 9:10 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. •