Loading...
HomeMy WebLinkAboutMinutes - 2003/06/091 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCI 2 .CITY OF MOUNDS VIEW 3 RAMSEY COUNTY, MINNESOTA 4 5 Regular Meeting 6 June 9, 2003 7 Mounds View City Hall 8 2401 Highway 10, Mounds View, MN 55112 9 7:16 P.M. to 11 12 1. MEETING IS CALLED TO ORDER 13 14 2. PLEDGE OF ALLEGIANCE 15 16 3. ROLL CALL: Linke, Quick (absent), Marty, Stigney, and Gunn 17 18 4. APPROVAL OF AGENDA 19 20 A. Monday, June 9, 2003 City Council Agenda. 21 ~2 Mayor Linke requested that items 5 and 6 on the agenda be heard in reverse order. 23 24 MOTION/SECOND: Marty/Stigney. To Approve the Monday, June 9, 2003 Agenda as 25 Amended. 26 27 Ayes - 4 Nays - 0 Motion carried. 28 29 5. PUBLIC INPUT 30 31 Dennis Haames addressed Council and indicated he lives at the corner of Quincy and County 32 Road I and asked for assistance with reimbursement for the damages done to his garage by snow 33 removal last winter. 34 35 Mr. Haames provided earplugs to Council Members and asked that they all try sleeping in them 36 at night because that is what he has to do in order to get to sleep due to all the noise. 37 38 Mayor Linke indicated that he has been working on the issue but, unless there is clearly 39 something illegal, there is not much the City can do. He then indicated that he talked to MNDOT 4o about the Jake braking but it is a county road. 41 42 Mr. Haames indicated there is a town in southern Minnesota where the businesses could not 43 conduct business because of boom boxes and loud music so the Mayor, City Attorney, Chief of Police and County Sheriff met and instituted an ordinance charging a $100.00 fine if the music 5 could be heard 25 feet away from the vehicle. That did not work so they started tagging them for Mounds View City Council June 9, 2003 Regular Meeting Page 2 1 inattentive driving and, to anyone under the age of 18, that is an automatic license suspension 2 and that worked. 4 Mayor Linke indicated that may work in a small community but Ramsey County is large and has 5 proven itself not to be Mounds View friendly so he does not think something like that would 6 work in this City. 8 Mr. Haames indicated an officer was sent to his house to discuss the noise with him and, while 9 the officer was there, a pick up truck that is a chronic offender went by and the officer did l0 nothing because the truck went by quietly due to the patrol car in the driveway. He then 11 indicated the officer suggested that he move if the noise is affecting his sleep. 12 13 Mr. Haames indicated he did not like the suggestions of the police officer to move as he pays that 14 officers salary and he would like something done about the noise. He then said he cannot sit 15 down at his dinner table with the doors or windows shut and have a conversation and could not 16 consider attempting to sit on the patio and asked that something be done. 17 18 Mayor Linke indicated the City would continue to look into the noise but there is not much that 19 can be done. 20 Council Member Marty suggested looking into an administrative violation. 23 Dan Hall representing the Mermaid at 2200 Highway 10 addressed the Council and provided a 24 handout concerning the situation he is having with the fire inspector building inspector. 25 26 Mr. Hall indicated that he feels that Kathy is a nice person and has her heart in the right place but 27 seems to need help interpreting the City's Code as there is confusion with some of the rules she 28 is attempting to enforce upon him. 29 3o Mr. Hall indicated he was told the maximum occupancy should be 240 but the number is 280 so 31 he obtained the doors required spent the money having them installed and then received a letter 32 indicating she had reinterpreted the Code and he can now have 900 people in the tent but needs 33 to redo the doors he just did. He then indicated it confuses him and he is not sure what the actual 34 .requirement should be. 35 36 Mr. Hall reviewed Section 2402 concerning tents and canopies and indicated he has a clear span 37 membrane structure and asked for clarification as to how his structure fits into this definition. 38 39 Mr. Hall indicated this structure is not a tent as it does not have poles or cables, it is a structure 40 that has membranes that slide in between the structure pieces and is bolted together and anchored 41 to the ground. 42 Mr. Hall indicated that Kathy has indicated to him that there are land use issues that also must be satisfied and asked whether Council discussed these items with her and authorized her to deal 45 with him on the matter. Mounds View City Council June 9, 2003 Regular Meeting Page 3 ~1 2 Interim City Administrator Ericson indicated there were outstanding land use issues associated 3 with the use of the tent. 5 Mr. Hall indicated his point is that he is not sure why the fire inspector would be questioning him 6 about land use issues as that is the job of the City Council. 7 8 Mr. Hall indicated there were questions about how the structure was anchored and then read 9 portions of Section 2404. 10 11 Mr. Hall indicated that he understands that Kathy would like the structure to be safe so no one 12 gets hurt but so does he and he intends to follow the Codes but everything is confused and he 13 needs clarification. He then said it seems that she is taking guidelines from the permanent 14 construction section and applying them into areas that should not be. 15 16 Mr. Hall indicated that he finds not guidelines in any ordinance that states he has to have air or 17 heating in the tent but the letter he received from her seems to further indicate her confusion and 18 attempt to apply information for permanent construction to this tent because she asks for 19 documentation signed by a mechanical engineer that the entire system is in compliance with all 20 the required codes for ventilation for an acceptable indoor air quality. Mr. Hall indicated he brought in rooftop air conditioners, set them on a slab and installed plastic 23 fire rated ducting in an attempt to cool the tent for comfort but she says this is a permanent deal 24 and wants engineering information. He then said he is not trying to be trivial or mean but these 25 issues are costing him money and he would like some help clearing up the confusion. 26 27 David Jahnke of 8428 Eastwood Road indicated that the Mermaid is not the only business in 28 town that has had serious problems with Kathy. He then said Council hired her and should be 29 aware that a very big business had some serious problems with Kathy. 30 31 Council Member Stigney indicated the last sentence of her letter indicates that if there are any 32 questions to contact her. 33 34 Mr. Hall indicated he contacted her after the first letter but the next time he talked to her she sent 35 another letter and threatened him with non-renewal of his liquor license if he did not get these 36 things done. He then said he has been in this City for 30 years and complied with every law in 37 the City and, even though he has gone above and beyond what is required, he has someone 38 threatening him with his liquor license over a tent. He further commented that he is done 39 contacting her because he cannot get valid information from her. 40 41 Mr. Hall indicated that not only will he not discuss this matter with her any longer, he intends to 42 ban her from his property unless she makes an appointment with him for an inspection as it seems she comes over to his establishment and searches for things to bust him over. He then commented that, if she needs something to do, she should look into some things he sees at City 45 Hall that are violations. Mounds View City Council June 9, 2003 Regular Meeting Page 4 ~1 2 Council Member Stigney indicated he understood why Mr. Hall did not want to contact her but 3 asked if he had contacted Mr. Ericson who is her boss. 5 Mr. Hall indicated he spoke with Mr. Ericson but was told that this is Kathy's job and was to get 6 back to him with more information and he has not done that. 8 Interim City Administrator Ericson indicated there are building code issues and fire code issues. 9 He then indicated that Mr. Hall was made aware of the proper procedure for appealing building 1o code issues and fire code issues but the response was that he did not feel he would be given a fair 11 shake at that hearing. He further commented that the fire code issues are out of the City's hands. 12 13 Council Member Marty indicated that the City needs to find out what is going on and determine 14 what the actual requirements are. 15 16 Mayor Linke indicated that Mr. Hall called him last week to discuss it and he met with him at the 17 Mermaid and provided the information to him. He then indicated he is doing some research and 18 will continue working on it. 19 20 Mr. Hall also asked for clarification on how often and for how long the tent can be used because he is receiving mixed information from Kathy. He then said that it seems that Kathy is interpreting the Code to the most severe complicated way possible for him and he does not feel 23 that is good for the City or for him. 24 25 Mayor Linke indicated that he and Mr. Ericson would work on the matter. 26 27 David Jahnke of 8428 Eastwood Road indicated he has the book, Death of Common Sense at 28 home and suggested someone maybe could use it. He then said that something should be done 29 about that situation and moved on to comment that with all the budget cuts from the state he has 3o not seen this City make any attempts at cutting or looking at ways to reduce the budget. 31 32 Mayor Linke indicated that Council has not worked on next years budget. 33 34 Mr. Jahnke indicated he watches the work sessions and has seen nothing yet for cutting and, at 35 the same time, raises were given. He then said that other cities are freezing wages and making 36 cuts and he sees this City doing nothing to deal with the budget issues before it. 37 38 Mr. Jahnke asked if anyone had seen what New Brighton did because they have made some 39 drastic moves in an attempt to make up their budget deficit. 40 41 6. SPECIAL ORDER OF BUSINESS 42 A. Senator Betzhold and Representative Connie Bernardy Presentation 4 Mounds View City Council June 9, 2003 Regular Meeting Page 5 ~1 Senator Betzhold indicated he and Representative Bernardy had come to Council to provide an 2 update on the legislative session as they had promised at the start of the session. He then 3 reviewed with Council some of the things that were accomplished as well as things that did not 4 pass during the last session. 6 Senator Betzhold reviewed some of the policy changes that were made such as the 2:00 a.m. bar 7 closing, changing the precinct caucus date, etc. He then reviewed some bills that were presented 8 as something and ended up something else. 1o Senator Betzhold indicated he has had better years and commented that this was an especially 11 brutal session. 12 13 Representative Bernardy indicated it is an honor to represent the City of Mounds View and 14 indicated she received many emails and calls from concerned residents and she is impressed with is the involvement of the residents in state politics. 16 17 Representative Bernardy indicated she wanted to make sure people understand that a lot of one 18 time money was used to take care of this budget but the hole still exists for next time as $1.7 19 million of one time money was used to fill the hole. She further commented that the theme was 20 no state wide tax raises but all fees were increased and residents can expect that the cities will 1 have to raise taxes to make up the difference. 2 23 Representative Bernardy invited residents to contact her by telephone or email at 24 rep.connie.bernardy @house.mn or at 763/571-0015. She then said that there are ways to solve 25 the problem such as making the taxes that those making more than half a million pay as they only 26 pay 7 to 9 percent where the average person pays 12 percent. Making a change to that would 27 have helped a lot. She also indicated that education suffered with this session and schools will 28 just be making their payments but getting nothing new. 29 3o Mayor Linke indicated that later in the meeting he would be asking Council to consider 31 indicating that guns are not welcome on public lands within the City of Mounds View similar to 32 what Duluth and other cities have done. He then said that Council is on the front lines of where 33 the anger is when something happens and it concerns him that residents can bring guns into City 34 Hall. 35 36 Senator Betzhold indicated he did not support the bill at all and people disagree but the original 37 issue came about because some law enforcement officials were issuing permits like candy and 38 others were refusing to do so. He then said that the votes were there to pass any bill the 39 proponents wanted and now the State of Minnesota has a bill that even Texas would not dream of 4o passing and now some officials are beginning to realize there are flaws in the bill and he saw that 41 before it was ever passed. 42 3 Representative Bernardy indicated that right now there are no restrictions for public buildings in 4 the bill and she has already introduced a bill that would allow cities to decide if they want guns in Mounds View City Council June 9, 2003 Regular Meeting Page 6 ~1 their buildings. She further commented that accommodations were made for state and federal 2 buildings but not for local government buildings. 3 4 Senator Betzhold indicated it was a technical bill and a technical bill cannot be substantively 5 changed even though businesses wanted changes. 6 7 Mayor Linke indicated that LGA got cut to the City of Mounds View in the amount of $380,000 8 this year and more than $400,000 for next year and the one thing he discussed prior to session 9 and something he would like the representatives to consider and lobby for is allowing the cities 10 to use MSA funds for other roads within the City. He then said that the original intent of the 11 MSA funds was to establish primary roads but those are established and things have changed to 12 where there is a need for upkeep of all the roads within the City and the MSA funds could be 13 utilized for that. He further commented that the City can use the funds for other roads but is 14 penalized and he would like to see that penalty removed. 15 16 Senator Betzhold indicated he brought it up but there was such a fight to keep LGA, prevent the 17 reverse referendum and the levy limit from being worse that, as bad as it was, it could have been 18 much worse. He then said he would keep it in mind for next year. 19 20 Representative Bernardy indicated that in this community LGA was cut 40 to 60% and the ~1 residents will see that when cities have to levy that amount back to the residents. He then said 2 that someone had commented that the Governor was playing godfather by letting other people do 23 the dirty work of raising taxes. 24 25 Mayor Linke thanked them for coming and for their efforts on behalf of the City. 26 27 7. JUST AND CORRECT CLAIMS 2s 29 A. Just and Correct Claims 30 31 Council Member Marty asked for clarification on Check Number 111006 for custom canvas. 32 33 Golf Course Manager Burg indicated that it was for a repair to the canvas that covers the patio as 34 it was damaged during a spring wind storm. 35 36 Council Member Marty asked what the charge from Days Inn for room and tax was for. 37 38 Finance Director Hansen indicated that the City has funds received from the Lions to provide 39 emergency shelter in the event of a domestic situation until those involved can make contact with 40 the appropriate agencies for assistance. 41 42 Council Member Stigney asked why the City is paying for score cards if there is a contract on the ~3 agenda for receiving score cards at no charge. 4 Mounds View City Council June 9, 2003 Regular Meeting Page 7 r~ 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 ~3 Golf Course Manager Burg indicated that the charge is for special score cards for the junior programs and said that she hopes to make them in house for next year but that is a winter project. MOTION/SECOND: Marty/Stigney. To Approve Just and Correct Claims as Presented. Ayes - 4 Nays - 0 Motion carried. S. CONSENT AGENDA A. Licenses for Approval B. Resolution 6031 Supporting Arden Hills in their Opposition to a Proposed Postal Distribution Facility C. Set a Public Hearing for Monday, June 23, 2003 at 7:05 p.m. to Consider a Conditional Use Permit for an Oversized Garage at 5220 Edgewood Drive D. Set a Public Hearing for Monday, June 23, 2003 at 7:10 p.m. to consider the Second Reading and Adoption of Ordinance 716 Amending the zoning Code E. Resolution Authorizing Support of the Mounds View Community Theatre F. Resolution 6025 Approving Purchase of a Replacement Police Radar Unit G. Resolution 6028 Authorization to Add a Fax Option to the Police Department Copy Machine H. Resolution 6022 Approving the Contract with Golf Score Cards I. Resolution 6030 Authorizing Contracts for Employee Disability Insurance Council Member Stigney requested that Item H be removed for discussion. Council Member Marty requested that Item G be removed for discussion. Mayor Linke requested that Item B be removed for discussion. MOTION/SECOND: Marty/Gunn. To Approve Consent Agenda Items A, C, D, E, F, and I as Presented. Ayes - 4 Nays - 0 Motion carried. Mayor Linke asked whether the City needs to approve Resolution 6031 as the issue of a postal facility in Arden Hills has gone away. Interim City Administrator Ericson indicated that appears to be the case but he does not feel it would hurt to show support to Arden Hills on this matter. MOTION/SECOND: Stigney/Many. To Waive the Reading and Approve Resolution 6031, a Resolution Supporting Arden Hills in their Opposition to a Proposed Postal Distribution Facility. Ayes - 4 Nays - 0 Motion carried. 45 Mounds View City Council June 9, 2003 Regular Meeting Page $ ~1 Council Member Marty asked whether the expenses for the added fax feature were justified. 2 3 Chief Sommer indicated the police department has a high speed fax machine that is not 4 functioning and to replace it would cost $2,000 whereas the monthly fee for adding the fax 5 option to the copy machine is only $20.41 and that includes cartridges and maintenance. 6 7 Council Member Stigney asked if the machine could receive or send a fax while copying is going 8 on. 9 l0 Chief Sommer indicated that the fax would be held and sent or received when copying stops. 11 12 Council Member Stigney asked whether repair is responsive. 13 14 Chief Sommer indicated that repair is usually available the same day called. 15 16 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6028, a 17 Resolution Authorizing the Addition of a Fax Option to the Police Department Copy Machine. 18 19 Ayes - 4 Nays - 0 Motion carried. 20 1 Council Member Stigney asked whether it would be possible to include some free advertising for 2 the Community Center with this. 23 24 Golf Course Manager Burg indicated she could ask but felt it would be possible. 25 26 MOTION/SECOND: Stigney/Marly. To Waive the Reading and Approve Resolution 6022, a 27 Resolution Approving the Contract With Golf Score Cards. 28 29 Ayes - 4 Nays - 0 Motion carried. 30 31 Council Member Marty asked whether Staff solicits advertising from local businesses. 32 33 Golf Course Manager Burg indicated that the person providing the score cards does the soliciting 34 but is responsive to suggestions she may have for advertisers. 35 36 9. COUNCIL BUSINESS 37 38 A. Public Hearing and Consideration of a Requested Appeal of the Planning 39 Commission's Denial of a Variance at 7622/7624 Woodlawn Drive 40 41 Mayor Linke opened the public hearing at 8:25 p.m. 42 3 Interim City Administrator Ericson indicated that this item was before the Planning Commission 4 in October of 2002 when a request was made for a driveway and curb cut to be wider than what 45 is allowed by City Code. The Planning Commission analyzed and examined the request and, Mounds View City Council June 9, 2003 Regular Meeting Page 9 ~1 based on information provided and the recommendation of Staff, recommended that the variance 2 request be denied. The property owner was not at that meeting but was notified by mail of the 3 denial. 4 5 Interim City Administrator Ericson indicated that the property owner has since requested an 6 appeal as she has said she never received a letter indicating that her request had been denied. 7 8 Interim City Administrator Ericson indicated that Council could act to overturn the decision of 9 the Planning Commission and Staff does not feel it would have an adverse impact to the Code or 10 adjoining properties but does not feel that the hardship requirements have been met and are 11 recommending upholding the Planning Commission's denial. 12 13 Violet Woods addressed Council and indicated that there were issues with people using that 14 piece of grass and dirt as a turnaround and dragging dirt out into the street and making a mess so 15 she decided to handle it by paving that portion but did not know she needed a permit. She further 16 commented that she did not receive notification that her request was denied. 17 18 Ms. Woods indicated that she applied for a variance to widen the curb cut at 7720 and the 19 driveway was measured and that was months ago and she never got a reply. She then indicated 20 that it appears that the tenant received the letter at his house and she was not aware of the denial 1 of the request. She further commented that she works evenings and had to take the day off to be 2 at this meeting. 23 24 Jordan Nelson of 7622 Woodlawn Drive indicated he had received the letter and passed it on to 25 Ms. Woods. He then asked that Council allow the pavement to stay because it eliminates a lot of 26 issues with the property. He further commented that Ms. Woods has done a good job of cleaning 27 up the property. 28 29 Ms. Woods indicated she cannot stand out there and tell people not to turn around there and she 3o felt that what she did was a good thing to clean up the area and make it look better and she would 31 like to keep it because it cost her money to do. 32 33 Interim City Administrator Ericson asked whether Ms. Woods was asking to have the other 34 property appealed as well. 35 36 Ms. Woods indicated she wanted to forget about enlarging the other driveway. 37 38 Interim City Administrator Ericson indicated he could not explain why Ms. Woods did not 39 receive the letter but his records indicated that the day after the Planning Commission meeting 4o the letter was sent out. He then apologized if it was not received. 41 42 Council Member Gunn asked if there would be any other recourse other than ripping out the ~3 concrete. 4 Mounds View City Council June 9, 2003 Regular Meeting Page 10 *1 Interim City Administrator Ericson indicated that the concrete either stays and is too wide or is 2 removed to meet the Code. He then suggested that the removed area could be covered in 3 landscaping rocks and used as a driveway and prevent dirt being tracked onto the street. 4 5 Council Member Marty indicated that he has reviewed the matter and he does not find that the 6 hardship requirements have been met. 7 s Mayor Linke closed the public hearing at 8:38 p.m. 9 to MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6032, a 11 Resolution Upholding the Planning Commission's Denial of a Variance at 7622/7624 Woodlawn 12 Drive. 13 14 Council Member Stigney asked why the Commission wished to stay with the driveway width and 15 denied the variance. 16 17 Interim City Administrator Ericson indicated that the Planning Commission did not feel that 1s there was sufficient hardship to justify granting the variance. He then said that the applicant was 19 not there and there was no letter in support from the resident of the property. 20 1 Council Member Gunn indicated that other driveway variances have been denied for multi- 2 family dwelling units. 23 24 Mayor Linke indicated he did not feel that hardship could be met in this case but said he 25 sympathizes with the applicant. 26 27 Interim City Administrator Ericson asked whether Council felt that having people driving over 28 your front yard could be considered a hardship. He then said that the property owner acted to 29 make an improvement. 30 31 Ms. Woods indicated she pays high taxes in this City and she has another property that she 32 cannot live in because she was robbed and she feels that it is time to move from this City. 33 34 Council Member Marty commented that the guy down the street from him put large rocks in his 35 front yard because people were driving across his lawn. 36 37 Ms. Woods commented that she has another property two houses down and the renters are 38 complaining that the water bill is too high but she discovered that they are charging to wash cars 39 so she said if they are doing that they need to pay the water bill but now she has had to fill holes 4o from wash outs and she told them if the housing inspector comes out it is another violation for 41 her. She then said that she would really like to keep the pavement there because it eliminates a 42 lot of issues for her. 3 4 Mayor Linke indicated that he agreed with her but said the City cannot let her do this and not let 45 others. Mounds View City Council June 9, 2003 Regular Meeting Page 11 ~1 2 Council discussed whether putting big rocks or landscape rocks in that location would work. 3 4 MOTION/SECOND: Stigney/Gunn. To Amend the Language of Resolution 6032 to Allow the 5 Removal of the 9 Feet at the Curb to bring the Driveway into Compliance. 6 7 Ayes - 4 Nays - 0 Motion carried. 8 9 Ayes - 4 Nays - 0 Motion carried. to 11 City Attorney Riggs indicated it would be illegal to put an unlawful obstruction in the City's 12 right-of--way without a valid permit and said there could be a liability issue 13 14 B. Public Hearing and Consideration of Resolution 6026 Regarding an Off Sale 15 Intoxicating Liquor License for Budget Liquor; 2577 County Highway 10 16 17 Mayor Linke opened the public hearing at 8:58 p.m. 18 19 Interim City Administrator Ericson indicated that all requirements have been met with the 20 exception of the fire inspection as there are a few items needing to be addressed. He then read ~1 the issues needing resolution. 2 23 Interim City Administrator Ericson indicated the City Attorney had asked that language be added 24 that the approval is pending a .satisfactory fire inspection. 25 26 Mayor Linke closed the public hearing at 8:59 p.m. 27 28 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6026, a 29 Resolution Regarding an Off Sale Intoxicating Liquor License for Budget Liquor; 2577 County 3o Highway 10. 31 32 Ayes - 4 Nays - 0 Motion carried. 33 34 C. Public Hearing and Consideration of Resolution 6027 Regarding an Off Sale 35 Intoxicating Liquor License for ABC Liquor; 2840 County Highway 10 36 37 Mayor Linke opened the public hearing at 9:01 p.m. 38 39 Interim City Administrator Ericson indicated that all requirements for license renewal have been 40 met with the exception of a few fire inspection issues. He then reviewed those with Council. 41 42 Mayor Linke closed the public hearing at 9:02 p.m. ~3 Mounds View City Council June 9, 2003 Regular Meeting Page 12 2 3 4 5 6 7 8 9 l0 11 12 13 14 15 16 17 18 19 20 I~ L 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 ~3 45 MOTION/SECOND: Stigney/Marry. To Waive the Reading and Approve Resolution 6027, a Resolution Regarding an Off Sale Intoxicating Liquor License for ABC Liquor; 2840 County Highway 10. Ayes - 4 Nays - 0 Motion carried. D. Resolution 6023 Accepting the Annual Financial Report for the Year Ended December 31, 2003 Council Member Stigney asked why the report did not list the loans that are being made from the different funds to the golf course to make it easier to follow. Finance Director Hansen indicated that the loans are clearly spelled out in the financial report. Council Member Stigney indicated he would like the Auditor's report to list them. Finance Director Hansen indicated the Auditor picks certain things that they choose to highlight in their management letter and the financial report has all the information. Council Member Stigney indicated he would like the information included in the auditor's report. Finance Director Hansen indicated he would pass that comment on to MMKR as the originator of the report. MOTION/SECOND: Marry/Gunn. To Waive the Reading and Approve Resolution 6023, a Resolution Accepting the Annual Financial Report for the Year Ended December 31, 2002. Council Member Stigney indicated he would like to have the information on loans be reflected in the management report. There was consent to have the information next time. Council Member Marty asked about delinquent utility bills. Ayes - 4 Nays - 0 Motion carried. Council Member Marty indicated there had been a different procedure for delinquent water bills. Mayor Linke indicated the City used to put the water bills on the tax bill delinquent bills. Council Member Stigney indicated that the discussion was that the tenant is causing the bill and the owner would be stuck paying it if it was placed on the tax bill. Mayor Linke indicated the City is billing against the property so it does not matter who causes the bill. Mounds View City Council June 9, 2003 Regular Meeting Page 13 ~1 2 Council asked Staff to present a policy for handling delinquent water bills. 3 4 Council Member Stigney asked whether the owner or the renter gets the water bill. 5 6 Mayor Linke indicated it would depend upon how the lease is written. 7 8 Finance Director Hansen indicated that under state law services to the property for water and 9 sewer are the responsibility of the property owner unlike electricity or gas which is a service to 1 o the customer. 11 12 E. Police Department Quarterly Report 13 14 Chief Sommer summarized his report for Council. 15 16 Chief Sommer indicated that the Police Department was selected to receive a locator system 17 from the Center for Missing and Exploited Children. 18 19 Mayor Linke commented that the MDT's would be obsolete when the 800 megahertz system 20 comes online. 1 2 Council Member Gunn asked for a definition of DAC, DAS and DAR. 23 24 Chief Sommer indicated that they are driving offenses one is driving after cancellation, one 25 driving after suspension, and the last is driving after revocation. 26 27 Mayor Linke asked Chief Sommer to do whatever can be done about the noise issues. 28 29 Chief Sommer indicated he has received no other complaints from any other citizens and noted 3o he had talked to the school and they do not see an issue. 31 32 Mayor Linke indicated there are ways to soundproof the house or bedroom to reduce noise but 33 the City cannot stop the noise. He then said that the only thing that can be done is to enforce the 34 noise ordinance if there are violations. 35 36 F. Golf Course Quarterly Report 37 38 Golf Course Manager Burg provided an overview of golf information and a statistics report. 39 4o Golf Course Manager Burg showed pictures of the number 9 green and indicated that its 41 conditions are improving. 42 ~3 Council Member Marty asked if there was something in the soil. 44 Mounds View City Council June 9, 2003 Regular Meeting Page 14 ~1 Golf Course Manager Burg indicated there was some testing done but it appears the only issue 2 was with poor root establishment. 4 Golf Course Manager Burg indicated that she had discovered that where the carts and mowers 5 are washed there was no catch basin and the water was running into the creek so they removed 6 the old small pipe and put in a new 12 inch pipe and catch basin. She then indicated that Staff 7 did all the work in house to solve the problem and save the City money. 9 Golf Course Manager Burg reviewed future plans for the course and suggested ways to grow the l0 business. She then indicated that the cart paths used street sweepings and contain many sharp 11 objects leading to numerous flat tires every day and suggested that the City may wish to consider 12 paving the cart paths to eliminate that issue as well as-the dust. 13 14 Council Member Marty indicated that Mr. Hammerschmidt had brought up the issue of only 15 allowing foot traffic on the bridge and routing carts around it to extend the life of the bridge. 16 17 Golf Course Manager Burg indicated that she would keep an eye on the situation and provide 18 further information on the bridge at a later date. 19 20 Council Member Stigney indicated residents have asked him to ask whether the golf course 1 would ever be able to break even without the billboards and, if so, when. 2 23 Golf Course Manager Burg indicated she did not have enough information to make that kind of a 24 statement at this point. She then said that she feels that with careful spending and refinancing of 25 the bonding that it is possible. She further commented that the billboards would help. 26 27 Finance Director Hansen indicated the bonds go out to 2013 and, if paid off, that would be 28 $500,000 per year in income. 29 30 Finance Director Hansen indicated that the golf course has been making the debt service payment 31 and interest payment charged to the golf course but to a large extent has had to borrow money 32 from other funds to make those payments so, while the golf course loans are being paid off it is at 33 the expense of rising internal loans. He then said that he is not optimistic that the golf course 34 will ever make money. 35 36 Council Member Stigney asked if the loans are being paid or just interest at this point. 37 38 Finance Director Hansen indicated that he would not know the status until year-end but he 39 expects that the internal loan amount will be increased. 40 41 Finance Director Hansen indicated that the City could sell bonds this fall to refinance the old 42. bonds for January 1, 2004 but that alone will not solve the problem. 3 44 Council Member Stigney indicated he understands that Staff is working to turn things around but 45 he questions whether it is feasible to continue carrying it. Mounds View City Council June 9, 2003. Regular Meeting Page 15 ~1 2 Council Member Stigney indicated that it looks like the golf course is rumm~g with a big deficit 3 and he cannot see that it is practical to continue without the billboards and, if that is the case, 4 then the City should look at alternatives. 6 G. Resolution 6029, a Resolution Rescinding Resolution 6001 and Reauthorizing 7 Purchase of Golf Cars 8 9 Golf Course Manager Burg indicated that as Staff proceeded with the lease agreement the City to Attorney reviewed it and determined that it was a lease to purchase and the City would have to 11 go out for bonding. 12 13 City Attorney Riggs indicated that it was a true lease purchase but it is tax exempt so bonding is 14 required which would require a true bond opinion for that type of financing. 15 16 Mayor Linke indicated the proposal is to purchase the carts through an internal City loan doing in 17 order to save the interest. 18 19 Finance Director Hansen indicated that buying the carts outright is the lowest cost and the carts 20 are profit makers so he feels this is the best approach to getting the carts at the least cost to the 1 City. He then commented that he understands that interfund loans are an issue with Council but 2 it is the best way to purchase the golf carts without paying someone else interest. 23 24 Council Member Stigney commented that by borrowing from these funds it restricts the use of 25 the funds for other purposes. 26 27 Golf Course Manager Burg indicated that purchasing the carts could save $26,000 over the 28 course of 10 years over leasing them. 29 3o Council Member Stigney asked what the time frame for repayment of this loan would be. 31 32 Finance Director Hansen indicated he could set up a separate loan for the golf carts and show 33 repayment over four or five years but he does not feel it makes a lot of sense to do so if the other 34 loan continues to grow and this one is paid back. 35 36 Council Member Stigney asked what fund the money would come from. 37 38 Finance Director Hansen indicated he would recommend the special projects fund as it is the 39 fund best positioned to make a loan. 40 41 Council Member Stigney asked how much money is in the special projects fund. 42 ~3 Finance Director Hansen indicated there was approximately $ 2.5 million dollars in the special 4 projects fund. 45 Mounds View City Council June 9, 2003 Regular Meeting Page 16 •1 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6029, a 2 Resolution Rescinding Resolution 6001 and Reauthorizing Purchase of Golf Cars. 3 4 MOTION/SECOND: Stigney/Linke. To Specify that the Money Would be Loaned from the 5 Special Projects Fund. 6 7 Ayes - 4 Nays - 0 Motion carved. 8 9 Ayes - 4 Nays -= 0 Motion carried. 10 11 Council Member Marty asked for clarification as to how the amendment to the motion was 12 handled. 13 14 Council Member Stigney indicated the procedure was appropriate per Roberts Rules of Order. 15 16 H. Consideration of Development Review Requests for Properties Located at 17 2436 and 2442 County Highway 10 18 19 Interim City Administrator Ericson indicated this development review request had been heard by 20 the Planning Commission and the Commission recommended approval. He then indicated that 1 all the dimensional requirements are met with the plan. 2 23 Council Member Many asked that the lighting be directed down to minimize the impact to the 24 residents. He also asked that the lighting be tied into the lighting in the theatre property to 25 coordinate and noted he would like to see the City's Code adhered to with regard to lighting. 26 27 Council Member Gunn indicated she was impressed with the landscaping and said it was very 28 nice. 29 3o MOTION/SECOND: Gunn/Linke. To Waive the Reading and Approve Resolution 6033, a 31 Resolution Approving the Development Review for Properties Located at 2436 and 2442 County 32 Highway 10. 33 34 Council Member Stigney indicated that he feels the PUD should stay as it was originally 35 approved and he does not support this. 36 37 Council Member Marty indicated he agreed and said he felt the PUD should stay the way it was 38 originally approved. He further commented that the developer dangled a medical office in front 39 of Council and that has fallen by the wayside and he does not support this development. 40 41 Council Member Gunn indicated that the developer was not able to finalize the deal with one 42 medical provider but that does not mean that they are giving up on trying to find other medical 3 tenants to go into the building. ~4 Mounds View City Council June 9, 2003 Regular Meeting Page 17 ~1 Interim City Administrator Ericson indicated there has been no indication that there would not be 2 a medical complex at the corner. He then commented that the PUD amendment has already been 3 approved by Council as a whole and he does not think it would be fair to be opposed to this 4 development because Members are still opposed to the non-restaurant aspect of it. He further 5 commented that he feels the developer has acted in good faith and will continue to do so. 6 7 Council Member Stigney indicated that he was opposed to the development. 8 9 Ayes - 2 (Linke/Gunny Nays - 2 (Marty/Stigney) Motion failed. to 11 I. Introduction and First Reading of Ordinance 716, an Ordinance Amending 12 Section 1108.04 of the Mounds View Zoning Code Pertaining to Conditional 13 Uses within the R-3 Zoning District 14 15 Interim City Administrator Ericson indicated this Ordinance was drafted to give the City control 16 over expansions to multiple dwelling units by requiring a conditional use permit. 17 18 MOTION/SECOND: Marty/Stigney. To Waive the Reading, Introduce the First Reading and 19 Approve Ordinance 716, an Ordinance Amending Section 1108.04 of the Mounds View Zoning 20 Code Pertaining to Conditional Uses within the R-3 Zoning District. 1 2 Ayes - 4 Nays - 0 Motion carried. 23 24 10. REPORTS 25 26 Council Member Marty commented that the date for interviewing the City Administrator 27 candidates had been rescheduled from June 6 and 7 to July 11 and 12 and has now been changed 28 to June 13 and 14. He then said that he feels this is the single most important position in the City 29 and he feels that all Council Members should have input into this and he is opposed to 3o rescheduling the date for the interview. 31 32 Mayor Linke indicated there had been a previous date in May as well. 33 34 Council Member Stigney indicated he feels that all Council Members should have the 35 opportunity to attend. He then said that he feels that pushing the interviews out to July 11 and 12 36 is too far out and suggested that Council consider weeknights to ensure everyone is in town. He 37 further commented that he did not think the interviews should be rescheduling to a night when 38 Council Member Marty is out of town but done on a weeknight to give everyone an opportunity 39 to attend and, if they are in town and cannot attend, that is their choice. 40 41 Mayor Linke indicated that doing so would push the interviews back to July and something needs 42 to be done as soon as possible. 3 4 Council Member Stigney indicated that is why he would like to set it up for weeknights to give 45 everyone an opportunity to attend regardless of whether they are tired or not. Mounds View City Council June 9, 2003 Regular Meeting Page 18 it 2 Council Member Gunn indicated that she had been told that one of the candidates has already 3 dropped out and she fears that the City will lose more candidates if this is pushed out. 4 5 Council Member Marty indicated that the interviews were not held last weekend because one 6 Council Member was out of town but they are scheduled for this weekend when he will be out of 7 town. 8 9 Mayor Linke indicated that Council made an accommodation for Council Member Marty to because he was not available on May 30, 2003 and was trying to afford the same accommodation 11 to other Council Members. 12 13 Council Member Stigney indicated that he feels that as an elected official this is one of the jobs 14 that has to be done and it is hard for him to imagine that there are not two nights in a week where 15 everyone can attend. 16 17 Council Member Marty indicated the issue is that they have to be consecutive because someone 18 is coming in from out of state. 19 20 Mayor Linke indicated that the City is paying to bring someone in for the interview from out of 1 state and needs to consider that when doing the scheduling. He also commented that doing the ~2 interviews on a Friday night and Saturday would mean that candidates only have to take one day 23 off not two. 24 25 Council Member Stigney had no report. 26 27 Council Member Gunn had no report. 28 29 Mayor Linke indicated that he presented the proclamation to Spring Lake Park at its Tower Days 3o celebration. He also commented that he was challenged to a pie eating contest by the Mayor of 31 Spring Lake Park and lost. 32 33 Mayor Linke indicated he received an email from Commissioner McCarty resigning from the 34 Police Civil Service Commission and asked that Council accept his resignation. 35 36 MOTION/SECOND: Linke/Marty. To Accept the Resignation of Duane McCarty from the 37 Police Civil Service Commission. 38 39 Ayes - 4 Nays - 0 Motion carried. 40 41 Mayor Linke asked whether Council was interested in posting signs on City-owned property that 42 guns are not welcome on public property in the City of Mounds View. He then suggested 43 making signs, laminating them and posting them. ~4 Mounds View City Council June 9, 2003 Regular Meeting Page 19 •1 MOTION/SECOND: Linke/Many. To Direct Staff to Create and Post Signs Indicating that 2 Guns are Not Welcome on Public Property in the City of Mounds View. 3 4 David Jahnke cautioned that sometimes it is better to leave things alone. 5 6 City Attorney Riggs indicated that there are other communities going out on a limb and actually 7 attempting to ban guns. He then said that it is up to Council whether or not it wants to make this 8 statement. 9 to Ayes - 4 Nays - 0 Motion carried. 11 12 David Jahnke addressed Council and indicated that he went to the airport meeting and there will 13 be a pretty nice golf course out there. 14 15 Interim City Administrator Ericson indicated that the Council priority information has been 16 compiled and handed out to Council. He then indicated the information would be helpful in 17 assisting Staff with budgeting time. 18 19 Interim City Administrator Ericson indicated that one issue brought up by several Council 20 Members was the compensation plan, the five-step policy, and the use of Stanton. He then 1 indicated that Staff would appreciate some further input from Council as to how to proceed and ~2 some suggested changes for consideration. 23 24 Interim City Administrator Ericson indicated that Jeremiah Anderson had recently received a one 25 year certificate from North Hennepin Technical College in housing inspection technology. He 26 then commended Mr. Anderson for his efforts to obtain this training on his own time. 27 28 Interim City Administrator Ericson asked whether Council wished to notice a special meeting to 29 discuss the interview results. He then commented that this coming Monday is an off Monday 3o and setting a special meeting would allow time for Council to discuss the interviews and bring 31 those that were not able to attend the interviews up to speed on how things went. 32 33 MOTION/SECOND: Linke/Gunn. To Set a Special Meeting for Monday, June 16, 2003 at 7:30 34 p.m. 35 36 Ayes - 4 Nays - 0 Motion carried. 37 38 Interim City Administrator Ericson asked whether Council wished to have the attorney come out 39 and brief them on the Harstad litigation. 40 41 Council indicated it felt that Staff could provide enough information on the matter. 42 43 Interim City Administrator Ericson indicated the City received a bill from the Humane Society ~4 for services rendered during the seizure of a large number of cats from a home in the 45 manufactured home park. He then explained that the Humane Society alerted the police who Mounds View City Council June 9, 2003 Regular Meeting Page 20 ~1 alerted Mr. Anderson. Citations were issued, the matter went to Court and was pled down to a 2 lesser charge so there was not a conviction for cruelty to animals. The issue arises because the 3 individual was not convicted of cruelty to animals so the prosecuting attorney did not include the 4 $2,000 costs from the Humane Society as a request for restitution from the Court. 5 6 City Attorney Riggs indicated there is no clear cut answer as to whether this is a City bill. He 7 then commented that because the matter involves the health, safety and welfare of residents, the 8 City has to be involved and, usually, the costs from the Humane Society are included and sought 9 as restitution from the individual but this time that did not happen. 10 11 City Attorney Riggs further explained that the matter was pled to a housing code violation versus 12 cruelty to animals so that is why the collection of the bill at the Humane Society was overlooked. 13 14 Mayor Linke asked for more information and asked Staff to contact the Humane Society and 15 discuss splitting the bill with them. 16 17 Council Member Stigney asked whether the City could seek payment from the individual. 18 19 City Attorney Riggs indicated the City can attempt to collect the money from the individual as a 20 civil matter but he does not feel that the amount is assessable because there was no nuisance 1 situation that was abated. ~2 23 Council Member Marty asked if the prosecuting attorney had any responsibility for the bill. 24 25 City Attorney Riggs indicated that the costs are discretionary costs and the judge may not have 26 made the determination to order restitution. 27 28 There was consent to direct Staff to discuss the matter with the Humane Society and ask that they 29 split the bill with the City. 30 31 Interim City Administrator Ericson reminded Council that Staff would be interviewing firms for 32 legal services Thursday from 9:00 a.m. to 3:00 p.m. and asked that any interested Council 33 Members attend. 34 35 11. APPROVAL OF MINUTES 36 37 A. City Council Minutes May 27, 2003 38 39 MOTION/SECOND: Marty/Gunn. To Approve the City Council Minutes of May 27, 2003, as 4o Presented. 41 42 Ayes - 4 Nays - 0 Motion carried. 43 4 Mayor Linke asked that the agenda be changed to move the minute approval to before the reports 45 section. Mounds View City Council June 9, 2003 Regular Meeting Page 21 •1 2 12. Next Council Work Session: Next Special Council Meeting: Next Council Meeting: Monday, July 7, 2003 Monday, June 16, 2003 Monday, June 23, 2003 3 4 5 6 7 8 9 10 11 12 13 14 15 16 • • 13. ADJOURNMENT Mayor Linke adjourned the meeting at 10:48 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.