HomeMy WebLinkAboutMinutes - 2003/06/23• 1 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
2 CITY OF MOUNDS VIEW
3 RAMSEY COUNTY, MINNESOTA
4
5 Regular Meeting
6 June 23, 2003
7 Mounds View City Hall
8 2401 Highway 10, Mounds View, MN 55112
9 7:00 P.M.
10
11
12 1. MEETING IS CALLED TO ORDER j~
~1
13
14 2. PLEDGE OF ALLEGIANCE -- ~I3~~~Iv~R,
15
16 3. ROLL CALL: Linke, Quick, Marty (arrived at 7:07 p.m.), Stigney, and Gunn
17
18 4. APPROVAL OF AGENDA
19
20 A. Monday, June 23, 2003 City Council Agenda.
21
'~2 MOTION/SECOND: Gum1/Quick. To Approve the Monday, June 23, 2003 Agenda as
23 Presented.
24
25 Ayes - 4 Nays - 0 Motion carried.
26
27 5. PUBLIC INPUT
28
29 David Jahnke of 8428 Eastwood Road commented that he did not feel that the Staff report should
3o refer to this City's businessmen as outspoken.
31
32 Interim City Administrator Ericson indicated the phrase was not meant to be disparaging but to
33 characterize Mr. Hall as a busy and prominent member of the business community.
34
35 Mr. Jahnke indicated he took it differently. He then said that what really concerns him is the
36 glowing report of Kathy's work and asked if when someone does something wrong it goes on
37 their record for consideration at review time. He further commented that there have been some
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Mounds View City Council June 23, 2003
Regular Meeting Page 2
1 Ma or Linke indicated he meant both this one and the next and noted the Council had already cut
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2 $30,000 to $40,000. He further commented that once the new administrator is in place the
3 budget discussions would commence.
4
5 Mr. Jahnke asked whether the candidate accepted the position.
6
7 Mayor Linke indicated that Kurt Ulrich had tentatively accepted the position and Council needs
8 to negotiate the salary and benefits. He then indicated that Mr. Ulrich had been the City
9 Administrator in Champlin but currently is working for the DNR.
10
11 David Vinkstra of 3000 County Road H2 asked if there was a plan by the Planning Commission
12 to put in a bunch of housing.
13
14 Mayor Linke indicated there is land at the intersection of H2 and Spring Lake Road that is owned
15 by the City and a resident that is being considered for a residential development.
16
17 Mr. Vinkstra indicated that he is not sure how the plan he heard of that goes over the pond would
18 work and noted that the area is very soft and wet and he cannot believe that basements would
19 work there.
20
~1 Council Member Marty arrived at 7:07 p.m.
22
23 Mayor Linke indicated that soil borings were being done to determine the condition of the soil.
24
25 Mr. Vinkstra asked if an environmental impact study had been done.
26
27 Mayor Linke indicated that there had not been an environmental impact study.
28
29 Mr. Vinkstra indicated that there is abundant wildlife in the area that he and his neighbors enjoy.
30 He then suggested putting in a walking path so the rest of the community could enjoy the
31 wildlife.
32
33 6. SPECIAL ORDER OF BUSINESS
34
35 7. JUST AND CORRECT CLAIMS
36
'i7 A. .Tnct and f'nrrert f aims
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Mounds View City Council June 23, 2003
Regular Meeting Page 3
1
2 Finance Director Hansen indicated that is advertising for the Community Center.
3
4 Council Member Stigney asked for clarification of the charge from Kennedy and Graven for the
5 Hammerschmidt appeal as he thought that case was assumed by the League of Minnesota Cities.
6
7 City Attorney Riggs indicated that it was the appeal for the unemployment compensation issue
8 which is a different matter.
9
10 Council Member Marty asked for clarification of the charges from Kennedy and Graven for the
11 Police Civil Service Commission for $1,255.00.
12
13 Finance Director Hansen indicated that occasionally there are amounts attributable to the Police
14 Department and that account is used.
15
16 Council Member Stigney asked what construction was being done to warrant the charge for
17 concrete mix and lumber.
18
19 Public Works Director Lee indicated he would look into it and provide a report.
20
~1 MOTION/SECOND: Marty/Stigney. To Approve Just and Correct Claims as Presented.
2
23 Ayes - 5 Nays - 0 Motion carried.
24
25 8. CONSENT AGENDA
26
27 A. Licenses for Approval
28 B. Resolution No. 6034 Approving 2003 Business Licenses
29 C. Resolution No. 6040 Approving a Contract Award for the Annual Sanitary Sewer
30 Root Abatement Project
31
32 MOTION/SECOND: Marty/Quick. To Approve the Consent Agenda as Presented.
33
34 Ayes - 5 Nays - 0 Motion carried.
35
36 9. COUNCIL BUSINESS
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Mounds View City Council June 23, 2003
Regular Meeting Page 4
1 lookin to re lace their existin ara e to allow for storage of an RV. He further indicated that
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2 the new garage would be 1,148 square feet.
3
4 Interim City Administrator Ericson indicated that the Planning Commission reviewed the
5 application and it meets all requirements including the 20% threshold for rear yards and noted
6 that the existing shed would be removed and no other accessory buildings would be allowed on
7 the property.
s
9 Interim City Administrator Ericson indicated that one additional stipulation had been added to
l0 this Resolution to require that the property owner ensure that overhead power lines maintain the
l 1 proper clearance from the roof of the garage and the property owner has indicated he has no issue
12 with the requirements.
13
14 Interim City Administrator Ericson indicated that Staff and the Planning Commission
15 recommend approval of this request.
16
17 Mayor Linke closed the public hearing at 7:19 p.m.
18
19 MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6039, a
20 Resolution Approving a Conditional Use Permit for an Oversized Garage at 5220 Edgewood
1 Drive.
2
23 Ayes - 5 Nays - 0 Motion carried.
24
25 B. Public Hearing and Consideration of Resolution No. 6042 Approving the
26 Preliminary Feasibility Report and Ordering the County Road H Sidewalk
27 Improvement
28
29 Mayor Linke opened the public hearing at 7:20 p.m.
30
31 Public Works Director Lee reviewed the schedule for this project, summarized the comments
32 from the forms that were sent out as well as comments from the public meeting and asked that,
33 after taking public testimony, Council provide direction to Staff on how to proceed with the
34 project.
35
36 Public Works Director Lee reviewed the schedule for the project should it be approved.
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Mounds View City Council June 23, 2003
Regular Meeting Page 5
r 1 Ms. Olson indicated that taking down the hedges decreases her privacy and she would need a
2 fence in the amount of $1,700 or she could replant the hedge at a cost of $800.00 but that hedge
3 would take 6 to 12 years to reach its current height. She then commented that she feels there are
4 other ways to address the safety of children in the area than adding a sidewalk.
5
6 Ms. Olson indicated that street lights would help with crossing the road. She then said that there
7 is a sidewalk on the other side of the street and it is not necessary to put one on their side.
8
9 Steve Borden of 3009 County Road H indicated that he lives on the west side of town and Spring
to Creek flows through his yard and there would be a lot of fill, retaining walls and culverts to bring
11 the sidewalk past his house. He then commented that he does not want to look at all that
12 concrete and metal.
13
14 Mr. Borden indicated that he does not feel the sidewalk would increase the safety for the
15 children. He then suggested streetlights might help and commented that he does not feel that it is
16 cost effective to spend $363,000 on a sidewalk that he does not feel the kids will use. He further
17 commented that for $363,000 the City could buy the kids a bus to get to school.
18
19 Mr. Borden commented that this plan is expensive and not cost effective for the City and asked
20 Council not to approve it.
21
.22 Michael Marrone of 5045 Brighton Lane addressed Council and indicated that he has lived at his
23 residence for 13 years and had four kids go through the school system. He then said he opposes
24 the project for several reasons including the fact that the black oak on his property would die and
25 it is 40 years old and very unique. He further commented that the loss of that tree would devalue
26 his property a great deal.
27
28 Mr. Marrone suggested moving the sidewalk down a block and routing kids down those streets.
29 He further commented that this amount of money could go a long way on some other project. He
3o also commented that the City could buy a bus or subsidize bussing for those that cannot afford it
31 for that much money. He then asked Council to consider the impact to the existing neighborhood
32 and what would be lost for little gain and a lot of taxpayer money.
33
34 Deb Ward of 5046 Long Lake Road indicated she is opposed to the sidewalk because it comes
35 within three to four feet of a sidewalk that she uses for her clients. She further indicated that the
36 sidewalk would come very close to her house and she would have no privacy. She also indicated
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Mounds View City Council June 23, 2003
Regular Meeting Page 6
1 house with a crossing atrol. She then commented that the issue is there is not enough security
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2 as there are people that race by or do not stop.
3
4 Ms. Chelberg suggested that getting traffic to slow down is what is needed before a child is killed
5 not a sidewalk. She further commented that adding the sidewalk shortens driveways and makes
6 it more dangerous for children because all those vehicles have to back across the sidewalk.
7
8 Faye Galligher representing the School District indicated she wanted to remind Council that the
9 reason the School District proposed a sidewalk on the north side is because the crossing guards
to have to remain within a certain distance of the school and they would like to educate children to
11 stay on the north side because children cannot judge the speed of oncoming vehicles. She further
12 commented that she feels it would be much safer to have the children cross with the patrols near
13 the school and stay on the north side.
14
15 Ms. Galligher commented that the recommendation for the sidewalk had come out of numerous
16 meetings with the safety task force.
17
18 Mayor Linke asked what the distance is that the guards have to stay within.
19
20 Ms. Galligher indicated that the patrol guards are through the Ramsey County Safety Foundation
~1 and need to have a supervisor in view of them so they need to remain on school property.
2
23 Council Member Gunn asked whether the school has attempted to get parents to volunteer to
24 assist with crossing.
25
26 Ms. Galligher indicated that they have not been able to hire adult crossing guards and in today's
27 society there are not parent volunteers consistently available to help with crossing.
28
29 Council Member Marty asked that anyone intending to speak at the meeting sign their name and
3o address in the public book.
31
32 Ms. Chelberg indicated that the parents that cannot afford to bus their children walk them to
33 school in the morning and back in the afternoon. She then commented that she lives right there
34 and could watch them.
35
36 Bill Ivory of 5115 Eastwood Road indicated his concern is that he sees the kids going to
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Mounds View City Council June 23, 2003
Regular Meeting Page 7
1
2 Mr. Reed indicated that he opposes the plan because he does not believe that this stems from a
3 comprehensive look at safety for pedestrians in the district. He then commented that this seems
4 to be a fairly narrow plan and he does not believe that the work was done to determine the best
5 routes for a sidewalk. He further commented that putting a sidewalk along there duplicates
6 access and putting a sidewalk in another location would increase access whereas this plan has
7 one corridor to be used by a limited number of students.
8
9 Mr. Reed indicated that he has two children in the district and his youngest, even as a fifth
to grader, was not allowed to cross alone on her bike. He would meet her and cross with his truck
11 as she crossed on her bike because it is just too dangerous.
12
13 Mr. Reed indicated that his daughter needed to collect data for a science project so he sent her to
14 the four way stop at Silver Lake Road and County Road H to record the vehicles that did not
15 stop. He then indicated that she went there on Wednesday at 3:30 and 5:00, Friday at 3:30 and
16 5:00 and Saturday at 3:30 and 5:00 and recorded over 2,400 data points for what cars did at that
17 intersection and the percentage of those that did not completely stop was 11 % and the highest
1s was 27% on Saturday at 3:30 p.m. He then commented that his daughter did not write down
19 those that did not stop at all.
20
21 Mr. Reed indicated that if the District is going to funnel children to that intersection to cross an
~22 adult paid crossing guard is necessary because it is too dangerous.
23
24 Mr. Reed indicated that the other flaw is continuing west to serve those that live on the north side
25 of H2 if they are on the west side they have to cross Silver Lake Road to get to the sidewalk and
26 there is no controlled stop. He then commented that at Woodcrest there is a depression and
27 vehicles cannot see pedestrians.
28
29 Richard Sonterre of 5060 Red Oak Drive indicated he did not envy the Council of having to
3o make this decision. He then reminded Council that they needed to make decisions for the best
31 interest of this community not of a small group. He further commented that he has heard a lot of
32 information for and against this plan but most of those against are because they do not want it in
33 their back yard but he feels this is a good thing for the community and the safety of the City's
34 children. He also commented that his children would benefit from the use of the sidewalk.
35
36 Mr. Sonterre reminded Council that 2/3 of the students that attend Sunnyside live in Mounds
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Mounds View City Council June 23, 2003
Regular Meeting Page 8
1 Mr. Sonterre indicated he has sat with the police out there running laser and only those going
2 more than 15 m.p.h. over the limit were ticketed. The speeding continues and he has not seen an
3 increase in tickets.
4
5 Mr. Sonterre indicated that this is not just something for kids that go to Sunnyside. He then
6 explained that he has experienced parents in New Brighton that will not their children walk home
7 with his and cross County Road H at an uncontrolled intersection.
s
9 Mr. Sonterre indicated the Comprehensive Plan calls for interconnected pathways for the
10 neighborhoods and this fits that regardless of whether there is a path in New Brighton. He then
11 said there is a path in New Brighton but it endangers his kids to get to it.
12
13 Mr. Sonterre indicated he has discussed this matter with Public Works Director Lee and he wants
14 to be considerate of the neighbors whose yards and lives would be impacted by this sidewalk. He
15 then said he would prefer to have the five foot concrete sidewalk even though it would require
16 purchasing a piece of equipment for maintenance. He further commented that the savings the
17 City gains from making the path narrower would pay for half of the machine this time and the
18 rest could be paid over time as the City builds more smaller paths rather than the six and a half
19 foot.
20
21 Mr. Santerre indicated that the Comprehensive plan calls for this and it is for public safety. He
~22 then commented that this is not a your back yard my back yard thing this is a Mounds View issue
23 that is a safety and convenience issue. He then asked Council to be considerate of residents and
24 balance the costs versus the public safety need.
25
26 David Jahnke of 8428 Eastwood Road commented that he is still really confused as to the
27 priorities of this City because the City borrowed over $1,000,000 to keep a golf course running
28 that has never made any money but the City cannot figure out how to get its children to school
29 safely. He then suggested the money borrowed to the golf course would be more appropriately
30 spent to get these kids bussed to school and maintain their safety. He also commented that the
31 golf course report upset him because there was no financial information in it at all.
32
33 Kimberly Thompson of 5051 Long Lake Road indicated she has a very small house and this
34 sidewalk would severely impact her as it would be 11 to 14 feet outside her windows. She then
35 said she had conducted an informal study to determine how many kids walk along that side and,
36 over the course of the two weeks that she kept track, she found one 15 year old boy walks on that
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Mounds View City Council June 23, 2003
Regular Meeting Page 9
1
2 Ms. Thompson indicated that she has lived on County Road H for 37 years and knows that the
3 sidewalk on the south side is used and she sees parents walking down to meet their kids and
4 crossing with them. She then commented that Pike Lake School has adult crossing guards out
5 there every morning regardless of the weather.
6
7 Ms. Thompson commented that it is possible to bus 1200 children for the amount of money this
8 sidewalk would cost. She then said that she feels the City needs to look at a different way to
9 solve the problem and she does not think this will bring the neighborhood together.
io
11 David Vinkstra of 3000 County Road H2 suggested that strict law enforcement might generate
12 enough revenue to pay for the bussing.
13
14 Mayor Linke clarified that the City could not use TIF funds to bus the children as there are
15 stringent regulations that govern the use of those funds.
16
17 Dave Tillman of 5166 Long View Drive indicated he would like to have the sidewalk as he
18 thinks it is necessary for the children and to move residents between neighborhoods. He then
19 commented that all new communities install sidewalks. He also commented that not having
20 bussing has had a huge impact on his family.
21
~22 Elizabeth Jezzo of 5046 Silver Lake Road indicated that she supports the sidewalk because as an
23 adult she resents the fact that this is a safety issue just for children. She then said it is nearly
24 impossible to cross the street and she likes to go down to Long Lake Park with her dog without
25 having to walk along other people's yards. She further commented that she has nothing in the
26 easement, has access on Silver Lake Road and, as long as TIF funds are used she has nothing to
27 lose so she would like to see the sidewalk.
28
29 Jennifer Kravek of 5092 Rainbow Lane indicated she has two daughters at Edgewood and the
3o majority of students walk down Edgewood Drive to Woodcrest and use the sidewalk on the other
31 side. She then said that she agrees with Mr. Ivory that increased patrol in the area would help to
32 slow drivers down. She further commented that she used to work for a bus company that had
33 paid people that stop traffic to cross students.
34
35 Ms. Kravek volunteered to stop traffic to get the kids across the street.
36
27 TP.ri'V Rlancki of ~9'~3 Wnnrl[la1P T)riVP. ~nmmPntP[1 that hp [1(1P.C not have ~hi1~lrPn ncinu this
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Mounds View City Council June 23, 2003
Regular Meeting Page 10
1 Mr. Blanski expressed concern that other neighborhoods will want sidewalks once this one is
2 done and the City cannot afford to do that. He further commented that too much is lost for the
3 residents along the path of the proposed sidewalk and he does not really think this would solve
4 the safety issue for children so he is opposed.
5
6 Mr. Blanski indicated that he would rather have the County fix up the walking and biking paths
7 along County Road H west from Silver Lake Road down to Knollwood. He then said that New
8 Brighton was very nice to the City and gave it a sidewalk and it should be used. He further
9 commented that, if the money will burn up if it is not spent, then it should be used for fixing the
1o streets as that is a real need at this time.
11
12 Mayor Linke indicated the City could not use TIF funds for street improvements but said he
13 wished it were possible.
14
15 Mr. Blanski commented that Mounds View has not worked aggressively with the County to fix
16 the situation.
17
18 Mayor Linke indicated that this Council as well as previous Councils have tried to get the County
19 to do something and has been fighting with them.
20
21 Mr. Blanski indicated he had heard that the City did not want to put in funds as New Brighton
~22 has so there is no plan for redesigning.
23
24 Mr. Blanski said he feels sorry for those that would have the sidewalk in front of the house not
2s only do they have the street being plowed then the sidewalk is plowed at different times that puts
26 a huge burden on residents to keep driveways cleared. He then said that the sidewalks would
27 have to be plowed early enough for the children to be able to walk on them to get to school or
28 there is no point. He further commented that he does not feel that children should be walking in
29 cold and snowy weather but should be bussed.
30
31 Mr. Blanski commented that, if an adult has an issue crossing the street in that location, how is
32 anyone going to get children across that street safely. He then said there have been a lot of
33 negative comments and he does not understand why there has been money spent on plans prior to
34 a hearing.
35
36 Joe Rieke of 5165 Eastwood Road indicated he has the privilege of walking his children to
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Mounds View City Council June 23, 2003
Regular Meeting Page 11
1 Mr. Sonterre indicated he has met with numerous officials from Ramsey County and the City has
2 pushed hard on everything except a sidewalk. He then commented that when Ramsey County
3 reconstructs the road the sidewalk will go in and it will be an eight foot wide bituminous path
4 rather than the five or six and a half foot proposed by the City.
5
6 Mr. Sonterre indicated the City has asked for flashing lights and were told no as well as no
7 parking. He then said that Ramsey County has been dealt with aggressively and nothing has
8 happened with regard to all the other issues other than the sidewalk.
9
to Ms. Olson commented that the reconstruction could be a lot of years off and she would prefer to
1 l wait. She then said that it would be just as dangerous for the kids to be playing on the snow piles
12 along the sidewalk as it is now without a sidewalk. She then asked if the City could pay to put in
13 stop signs and whether the City incurs liability for now promptly removing snow and ice if there
14 is an injury.
15
16 Mayor Linke indicated that the County will not allow stop signs regardless of who pays for them.
17 He then said that the City would be responsible for clearing the sidewalk.
18
19 Randy Leonardson of 2801 (NW corner of Silver Lake Road and County Road H)
20 indicated he felt that adding a stop light would increase the safety for kids crossing especially if
21 the road is widened to five lanes. He then said he would donate property for the stop light.
22
23 Public Works Director Lee indicated it is not in the current CIP to put a stoplight at that
24 intersection.
25
26 Mr. Sonterre indicated that they do have plans to conduct a new traffic volume study at that
27 intersection.
28
29 Ron Kravek of 5920 Rainbow Lane indicated that Woodcrest is a huge safety hazard with cars
3o racing up that street. He then said that his father-in-law painted a line on his driveway so his kids
31 know where they have to stop with their bikes. He then said that he does not see the need for a
32 sidewalk in that area and he would like to see traffic laws enforced to slow the cars down.
33
34 Mayor Linke closed the public hearing at 8:27 p.m.
35
36 MOTION/SECOND: Quick/Linke. To Waive the Reading and Approve Resolution 6042 with a
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Mounds View City Council June 23, 2003
Regular Meeting Page 12
1 Council Member Stigney thanked everyone for the comments. He then said that he is confused
2 about the bussing because he understands there is a line to deduct the amount you have to pay for
3 bussing your kids on your taxes and his son did that.
4
5 Michele Sandback of 2356 Sherwood Road explained that residents are able to deduct the
6 amount on taxes but you do not get all of that amount back.
7
8 Council Member Stigney indicated that, if there is so much concern for the safety of children,
9 why do they not throw out a dollar to help with the situation. He then asked if there is assistance
to available to subsidize the bussing for those that cannot afford it. He further commented that he is
11 not in favor of this at this time due to LGA cuts as well as all of the negative comments heard at
12 this meeting. He also indicated that he would like to discuss ways to make the area safer rather
13 than just paying all that money to put in a sidewalk that may not help the situation.
14
15 Council Member Gunn thanked everyone that spoke and said she thinks the Council needs to
16 stop and discuss the issues so she would like to table this to the next work session.
17
18 MOTION/SECOND: Gunn/Linke. To Table Resolution 6042 to the Work Session on July 7,
19 2003.
20
21 Ayes - 5 Nays - 0 Motion carried.
*22
23 Residents asked if there is something the residents could do to force the county to fix the
24 sidewalk and put in stoplights.
25
26 Council recommended contacting the County Commissioners.
27
28 Michelle Sandback suggested residents go to the School Board meetings to let them know they
29 need to take the issue to the County.
30
31 Mr. Sonterre indicated the bussing issue could be resolved in September when the School
32 District comes to the voters for a referendum to get their operating budgets back.
33
34 A resident commented that some residents have four or five kids in the district and cannot afford
35 the $200.00 per child for bussing.
36
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Mounds View City Council June 23, 2003
Regular Meeting Page 13
1 Interim City Administrator Ericson indicated that this change is in response to issues with regard
2 to multifamily properties and the fact that in certain areas no City review was required for the
3 expansion of those multiple dwelling facilities. He then indicated that this change would require
4 City review to determine whether the proposal would be detrimental to the surrounding area.
5
6 Interim City Administration Ericson read the language requirement from the Ordinance as it was
7 changed and is slightly different from the language at the last meeting.
s
' 9 Mayor Linke closed the public hearing at 8:43 p.m.
10
11 MOTION/SECOND: Marty/Gunn. To Waive the Reading, Approve the Second Reading, and
12 Adopt Ordinance 716, an Ordinance Amending Section 1108.04 of the Zoning Code Pertaining
13 to Conditional Uses with the R-3 and R-4 Zoning Districts.
14
15 ROLL CALL: Gunn/Stigney/Marty/Quick/Linke.
16
17 Ayes - 5 Nays - 0 Motion carried.
18
19 D. Public Hearing and Consideration of Resolution 6035 Regarding an Off-Sale
20 Intoxicating Liquor License for Network Liquors on Ten; 2345 West County
21 Road H2
i22
23 Mayor Linke opened the public hearing at 8:45 p.m.
24
25 Mayor Linke closed the public hearing at 8:46 p.m.
26
27 Council Member Quick asked how long the license is good for.
28
29 Interim City Administrator Ericson indicated it is a one-year license.
30
31 MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 6035, a
32 Resolution Regarding an Off-Sale Intoxicating Liquor License for Network Liquors on Ten.
33
34 MOTION/SECOND: Marty/Stigney. To Amend the Resolution to Reflect aOne-Year License.
35
36 Ayes - 5 Nays - 0 Motion carried.
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Mounds View City Council June 23, 2003
Regular Meeting Page 14
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Mayor Line closed the public hearing at 8:48 p.m.
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6036, a
Resolution Regarding an On-Sale Intoxicating Liquor License for Robert's Sports Bar and
Entertainment.
Ayes - 5 Nays - 0 Motion carried.
F. Public Hearing and Consideration of Resolution 6037 Regarding an On-Sale
Intoxicating Liquor License for Jake's Sports Cafe; 2400 Highway 10
Mayor Linke opened the public hearing 8:48 p.m.
Mayor Linke closed the public hearing at 8:49 p.m.
MOTION/SECOND: Gunn/Marty. To Waive the Reading and Approve Resolution 6037, a
Resolution Regarding an On-Sale Intoxicating Liquor License for Jake's Sports Cafe.
Ayes - 5 Nays - 0 Motion carried.
G. Public Hearing and Consideration of Resolution 6038 Regarding an On-Sale
Intoxicating Liquor License for the Mermaid; 2200 Highway 10
Mayor Linke opened the public hearing at 8:49 p.m.
Mr. Blanski asked whether the license fees for the Mermaid cover the costs of increased policing
at the business.
Mayor Linke indicated that the costs would be covered by the license fee.
Mayor Linke closed the public hearing at 8:50 p.m.
MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6038, a
Resolution Regarding an On-Sale Intoxicating Liquor License for the Mermaid.
Ayes - 5 Nays - 0 Motion carried.
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Mounds View City Council June 23, 2003
Regular Meeting Page 15
1 Council Member Quick asked how the City looks with regard to the cuts made by the legislature
2 and whether the City could handle the cuts with the levy at its current level.
3
4 Finance Director Hansen indicated that the City will lose $326,000 this year and $426,000 next
5 year of the promised $879,000. He then indicated that the City has the right to levy back 60% of
6 what is lost in LGA.
7
8 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6041, a
9 Resolution Establishing a Calendar for the Preparation and Adoption of the 2004 Budget.
10
11 Ayes - 5 Nays - 0 Motion carried.
12
13 I. Discussion Regarding Pawnshop Ordinances
14
15 Interim City Administrator Ericson indicated that there were issues raised concerning the
16 pawnshop ordinances at the June 2, 2003 work session and this is a discussion of those issues.
17 He then asked that Council discuss an overlay district, screening of all employees, and a fee
18 increase.
19
20 Interim City Administrator Ericson indicated that an overlay district could be established in the
i 21
22 area north of new Highway 10 or an area south of County Road H in the Mustang Drive. He also
noted an overlay district is a geographical area rather than a boundary around lots.
23
24 Council Member Gunn asked whether the overlay district would mean that a pawnshop could not
25 be located in the mall.
26
27 Interim City Administrator Ericson indicated that, if an overlay district is created, that is where a
28 pawnshop could locate.
29
3o Council Member Marty indicated he is in favor of the overlay district and would like it located
31 north of Highway 10.
32
33 Council Member Gunn indicated she would like to look into the overlay district as well.
34
35 Council Member Stigney indicated he is in favor of an overlay district but would like to hear
36 from residents as to the location for the overlay district. He then indicated he would like the fee
'27 t~ hP raicPrl to ~1 n (1M anal caul hP wnnl~l like to knnw if the (~itv r.nnlrl rhPrk PmnlnvPPC fnr
Mounds View City Council June 23, 2003
Regular Meeting Page 16
1
2 Council Member Stigney indicated he understood that it was when the license holder came up for
3 renewal that the City wanted to change the district. He then suggested that the City take a
4 broader approach and create the district not only for pawnshops but for related businesses as
5 well.
7 There was consent on the $10,000 fee and to look at an overlay district.
9 Mayor Linke indicated he would go with the south side.
10
11 Richard Sonterre of 5060 Red Oak Drive thanked Council for its interest in the overlay district
12 and said that his understanding of the situation is that the reason there was an issue is because
13 they singled out a specific type of business and it ran akin to spot zoning. He then said he would
14 support the area to the north of Highway 10 because there are no residential structures, no
15 churches and no schools in the area. He further commented that he did not think there was
16 another geographical location in the City that would provide this type of separation.
17
18 Council Member Marty indicated that is why he would prefer the north side.
19
20 Council Member Gunn asked if there is buildable space in the area.
21
•22 Interim City Administrator Ericson indicated there was not but noted there is rentable space in
23 the area.
24
25 J. Consideration of a Development Review Request for LandCor Development
26
27 Interim City Administrator Ericson indicated that this item is on the agenda as it failed on a two
28 to two vote at the last meeting. He then said that the PUD was successfully amended to allow for
29 this type of use and all of the requirements have been met. He also indicated that while the
3o Planning Commission would have preferred to have a restaurant on that location the market has
31 proven that the site is not suitable for that and they are supportive of this plan.
32
33 Interim City Administrator Ericson indicated that at the last meeting Resolution 6033 failed on a
34 vote of two to two so no action was taken and Staff brings this before Council for consideration
35 and recommends approval of the project. He then indicated that a representative of LandCor
36 Development was in attendance to answer any questions.
~~
•
Mounds View City Council June 23, 2003
Regular Meeting Page 17
1 Mr. Tarpley indicated that they are in active negotiations with other possible tenants and said he
2 could not guarantee the type of businesses that go into the office building. He then asked
3 Council Members to vote on the merits of the project and not on previous issues.
4
5 Mayor Linke indicated that Council had already passed the PUD allowing for office space and
6 this Resolution would approve the office use on this site.
7
8 Council Member Stigney indicated that Council was told this would be for medical uses and that
9 fell through and now Council is told that there is some sort of investment company and a
1o chiropractor and not to take into consideration previous things. He then said that residents did
11 not want a chiropractor and he opposes that and, as far as retail, he does not feel this City needs
12 any more drive thru windows, the site should have stayed restaurant and he is opposed to the
13 whole project. He further commented that he thinks this development is a benefit to the
14 developer and not the community.
15
16 Mr. Tarpley indicated that no one from LandCor, especially him, ever suggested that this would
17 be a medical office building. He then said that from the very beginning he has made it clear that
18 he did not know whom the final tenants would be. He then said that this development would be
19 a benefit to the community, as it will increase the tax base because as the property sits there is
20 little tax money coming in. He further commented that no one had ever made any comments to
21 him concerning the drive thru windows and noted that he wants to work with the community but
• 22 at this point he is surprised to hear that Council is unhappy with the project as the PUD was
23 amended to allow for this project.
24
25 Mayor Linke indicated that Council had no say in the type of tenants that lease the building.
26
27 Council Member Stigney disagreed that no comments were made with regard to medical tenants
28 because he knows that it was discussed at the Planning Commission meeting.
29
3o Mr. Tarpley indicated that he never stated this would be a medical building. He then explained
31 that he had given information on the types of calls he had been receiving with regard to leasing
32 the facility and those were medical but it was all unofficial information and he never suggested
33 this was to be primarily a medical office building.
34
35 Mayor Linke indicated that the tenants are immaterial to the discussion.
36
'i7 ("rnmnil MemhPr Rt1unPV inrlinatPri that hP nn»ncec the elan
•
Mounds View City Council June 23, 2003
Regular Meeting Page 18
• 1
2 Mayor Linke indicated that would not be necessary.
4 MOTION/SECOND: Gunti/Quick. To Waive the Reading and Approve Resolution 6033, a
5 Resolution Approving a Development Review for LandCor Development.
6
7 Council Member Marty indicated he agreed with Council Member Stigney on this issue.
8
9 Ayes - 3 Nays - 2(Stigney/Marty) Motion carried.
to
11 Council recessed at 9:20 p.m.
12
13 Council reconvened at 9:25 p.m.
14
15 K. Discussion Regarding City Attorney Firm Interviews
16
17 Interim City Administrator Ericson indicated that several firms were interviewed and they were
18 all asked the same questions. He then presented the Staff recommendation to Council for
19 consideration.
20
21 Council discussed the interviews and whether to conduct second interviews.
• 22
23 Interim City Administrator Ericson indicated there was a $1,000.00 difference in the retainer for
24 Kennedy and Graven and for Kelly and Faucet and noted that Kennedy and Graven should be
25 considered for the long standing history with the City and institutional legal memory.
26
27 Council Member Marty indicated he would like to interview Kelly and Faucet and Barna Guzzy
28 at the July work session.
29
30 Council Member Stigney expressed concern with the depth of the Kelly and Faucet firm and said
31 that he would like to consider Kennedy and Graven because of the long standing history with the
32 City and pending issues such as the Harstad matter.
33
34 Council Member Stigney indicated there is an offer pending with Innovative Images that has not
35 been settled yet drafted by Kennedy and Graven so there are unresolved issues so he is
36 uncomfortable with making a change at this time and taking into consideration the administration
'~7 of hnw to rPCnnnri and whn to rcrecnnnd to that rnnlri hP hanr~lerl
Mounds View City Council June 23, 2003
Regular Meeting Page 19
• 1 Interim City Administrator Ericson indicated that Mr. Kelly is a very well respected attorney and,
2 after checking with a city that he represents, there has never been an occasion where they had an
3 issue that could not be handled by the firm so he would not want to exclude them on firm depth.
5 Council Member Quick indicated he did not agree with interviewing anyone as he feels the City
6 should stay with Kennedy and Graven. He also commented that there is not enough difference in
7 the fees to justify all the expense of the process.
8
9 Council Member Marty indicated he wanted to interview Kelly and Faucet and Barna Guzzy.
10
11 Council Member Stigney indicated he wanted to stay with Kennedy and Graven.
12
13 Council Member Gunn indicated she would feel comfortable staying with Kennedy and Graven.
14
15 Mayor Linke indicated that the City would stay with Kennedy and Graven and would not be
16 interviewing any other firms. He then suggested the City discuss ways to reduce attorney fees
17 such as not having an attorney at the Council meetings.
18
19 City Attorney Riggs indicated he feels there are things that could be done differently and
20 suggested coming to a work session to discuss them.
21
22 Council Member Marty indicated he has concerns with Kennedy and Graven because he has
23 asked several times to see the legal outcome from the golf course from inception to the lawsuit
24 that was lost and he also has concerns with the Kessel and Hammerschmidt matters and the legal
25 advice given by the attorney.
26
27 Council Member Quick indicated that Kennedy and Graven was not the attorney on that case.
28
29 Council Member Stigney asked if the City Attorney had any issue dealing with an unsigned
30 contract.
31
32 City Attorney Riggs indicated the City could fire an attorney at any given time.
33
34 Council Member Stigney asked if the City Attorney could sue the City for firing him.
35
36 City Attorney Riggs indicated that ethically he could not put language into a contract to that
'~7 effPrt hP.l;Al1CP, the (,'nnnr,il hac the riuht to cePk 1PUa1 nnnncPl fi-nm anvhnriv at anv uivPn time
•
Mounds View City Council June 23, 2003
Regular Meeting Page 20
• 1 MOTION/SECOND: Stigney/Gunn. To Approve the City Council Minutes of June 9, 2003, as
2 Amended.
3
4 Ayes - 5 Nays - 0 Motion carried.
5
6 11. REPORTS
7
8 Council Member Stigney indicated he had attended the League of Minnesota Cities conference in
9 St. Cloud and sat in on some fiscal information and health insurance as well as budgeting and
to haw to deal with City cutbacks. He also sat in on a seminar on how to stick together or fall apart,
11 working with other communities to piece together a common goal and he found the sessions to
12 be quite informative.
13
14 Council Member Stigney provided handout information on dealing with cutbacks for Council
15 Members.
16
17 Council Member Marty thanked Mr. Ericson for the administrator's report as it is excellent and
18 very helpful to keep Council apprised of what is going on. He then recognized Joe Kinney and
19 Officer Mennard who recently received commendations for performing their jobs in an
20 exceptional manner.
21
• 22 Council Member Marty indicated that the Festival in the Park would be held on August 16, and
23 17, 2003.
24
25 Council Member Quick indicated that when Mr. Ericson took on the job of Interim City
26 Administrator he put himself into a position that forced him to lose some vacation that he had
27 coming to him and he thinks now is a good time to bring this up because the City is very close to
28 hiring or coming to an agreement with a new administrator. He then said he feels Council should
29 reinstate the vacation that he was not able to take.
30
31 MOTION/SECOND: Quick/Linke. To Direct Staff to Prepare a Resolution Reinstating Mr.
32 Ericson's Lost Vacation.
33
34 Ayes - 5 Nays - 0 Motion carried.
35
36 Mayor Linke indicated that he was approached by Mr. Hall wanting to look at the 2:00 a.m. bar
"i7 rlncina fnr the MPn°nai~l HP then cam that Mr Hall wac not ah1P to hP at this mPPtinu ac it wac
•
Mounds View City Council June 23, 2003
Regular Meeting Page 21
• 1
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•
City Attorney Riggs indicated that this meeting would need to be continued to Wednesday, June
25, 2003, as there is not time for notice for a special meeting.
12. Next Council Work Session: Monday, July 7, 2003
Next Special Council Meeting: Wednesday, June 25, 2003
Next Council Meeting: Monday, July 14, 2003
13. ADJOURNMENT
Mayor Linke continued the meeting to Wednesday, June 25, 2003 at 7:00 p.m.
Transcribed and recorded by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.
•