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HomeMy WebLinkAboutMinutes - 2003/07/141 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 ~-22 ' ,~3 i 24 25 26 z7 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 '3 44 • 45 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA egu ar ee mg ;~:;,;;`~ ~ July 14, 2003 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 8:03 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 4. APPROVAL OF AGENDA A. Monday, July 14, 2003 City Council Agenda. MOTION/SECOND: Marty/Quick. To Approve the Monday, July 14, 2003 Agenda as Presented. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS 7. JUST AND CORRECT CLAIMS A. Just and Correct Claims Council Member Gunn asked why Check Number 111.254 was listed twice. Interim City Administrator Ericson explained that it is a twin home and the address is the same with an A and B designation. Council Member Stigney asked for clarification as to why there were three invoices for Will Kill. Public Works Director Lee indicated that the first two were for the Community Center and City Hall for June and the third was for City Hall for July. Mounds View City Council July 14, 2003 Regular Meeting Page 2 2 • 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,2 • 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 r3 Council Member Stigney asked for clarification of a golf course charge for a golf outing. Golf Course Manager Burg explained that the charge is for a golf meeting and indicated that those attending the meeting are allowed to golf for free after the meeting. Mayor Linke commented that there was a charge for the League of Minnesota Cities in the amount of $10,000 on the Hammerscmidt matter and asked if that was the City's deductible. Interim City Administrator Ericson indicated that the $10,000 is the City's deductible on that matter. MOTION/SECOND: Marry/Gunn. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Consideration of Resolution 044 Approving the Renewal of the 2003-2004 School Resource Officer Agreement with the Cities of Mounds View and New Brighton and ISD #621 C. Consideration of Resolution 6045 Authorizing Purchase of Police Rifles, Cases, Ammunition and Mounting Equipment D. Consideration of Resolution 6054 Authorizing the 2003 Contract with the Festival in the Park of Mounds View Organization E. Set a Public Hearing for 7:05 p.m., Monday, July 28, 2003 to Consider the Second Reading and Adoption of Ordinance 717 Amending Mounds View Liquor License Provisions ~: Consideration of Resolution 6055 Approving Reinstatement of Forfeited Vacation Hours for Jim Ericson, Interim City Administrator G. Consideration of Resolution 6056 Proclaiming Support of County-Wide 800 MHz Digital Trunked Communications System H. Resolution 6048 Authorization to Partner with Ramsey County Sheriffs Department in Pursuing a Grant Under the Safe anal Sober Program I. Resolution No. 6043 Approving the Contract Award for the Annual Automatic Sprinkler Systems Within City Buildings J. Resolution No. 6049 Approving the Execution of a Cost Participation Agreement with the City of Spring Lake Park for Seal Coating Spring Lake Road K. Resolution No. 6050 Approving the Execution of a Pathway Easement with Dale Siebrecht (7310 Silver Lake Road) for the County Road H2 Pathway L. Resolution No. 6051 Authorizing the Preparation of a Preliminary Feasibility Report for a Sedimentation Pond in Silver View Park • Mounds View City Council July 14, 2003 Regular Meeting Page 3 • 1 M. Resolution No. 6052 Authorizing the Firm of Ulteig Engineers, Inc., to Assist in 2 the Preparation of Plans and Cost Estimates for Noise Abatement Measures 3 (Walls and Berms) Along Trunk Highway 10 4 N. Resolution No. 6057 Authorizing a Step Increase for Michael Sommer, Chief of 5 Police 6 O. Resolution 6058 Authorizing a Step Increase for Mary Burg, Golf Course 7 Manager 8 P. Resolution No. 6063 Approving an Application to Conduct Excluded Bingo for 9 Festival in the Park of Mounds View 10 11 Council Member Stigney requested that Items E, N, and O be removed for discussion. 12 13 Council Member Marry requested that Item F be removed for discussion. 14 15 MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Items A, B, C, D, G, H, I, J, 16 K, L, M, and P as Presented. 17 18 Ayes - 5 Nays - 0 Motion carried. 19 20 Council Member Stigney indicated that he would like to have the City take extra steps other than 21 the required minimum notice to inform residents that the City is considering amending its 2 Ordinance to allow a 2:00 a.m. bar closing. 23 44 residents. • 45 24 MOTION/SECOND: Stigney/Gunn. To Direct Staff to Place Notice on the Water Bill and 25 Request Input From Residents on the 2:40 a.m. Closing. 26 27 Council Member Marty asked when the next water bill would go out. He then said that there has 28 been notice on the City's website and the City has received some feedback on the issue. 29 3o Council Member Quick asked if it has been on the sign. 31 32 Interim City Administrator Ericson indicated that it has been scrolling on the cable channel, Staff 33 posted notice with the Bulletin, and it is on the website. He then said that Staff has gotten many 34 responses from an email that was sent out to those whose email address the City has. 35 36 Council Member Stigney indicated he felt that the water bill would inform more residents. 37 38 Council Member Quick indicated that approximately 45% of the City does not get a water bill 39 because they live in apartments or the manufactured home park. 40 41 Council Member Stigney indicated that he would like to use the water bill to solicit input from 42 residents because it would notify at least half of the City. He also said he would like to have 3 Staff post notice at the apartment buildings and manufactured home parks to reach those Mounds View City Council July 14, 2003 Regular Meeting Page 4 . 1 Council Member Quick asked where the City's responsibility to inform ends and resident 2 responsibility to be informed begins. 4 Mayor Linke commented that the H2 redevelopment was on the front page of the newspaper but 5 there were residents at the meeting voicing concern that they were not aware of the proposal. 6 7 Council Member Gunn asked if the City could post notice at the apartments in the lobby. 9 City Attorney Vose indicated that the City has a standard practice for giving notice of important to events by posting notice and publishing notice to inform residents. He then said that he would be 11 concerned about taking action on a given issue and providing a different kind of notice for that 12 issue. He further commented that reconsidering the City's policy on notification would be 13 appropriate but different notice for specific issues could lead to more confusion and he would not 14 recommend it. 15 16 Ms. Shelberg of 5045 Rainbow Lane indicated she was a cocktail waitress for 28 years and she 17 lives behind the Mermaid and a 2:00 a.m. closing will put more intoxicated drivers driving down 18 the streets causing problems and noise for them to deal with. 19 20 Council Member Stigney indicated the City has previously used the water bill method of 21 soliciting comments from residents so it would not set a precedent of doing something that has ?2 not been done before. He then said that his motion is to put something on the water bill but he • 23 would like to go farther by posting notice on the bulletin boards at the apartments, City Hall, and 24 the manufactured home parks and a notice in Mounds View Matters. 25 26 Mayor Linke asked what the percentage of response was. 27 28 Interim City Administrator Ericson indicated that he remembered using the water bill at one time 29 to survey residents about Internet usage and the response was in excess of 25%. 30 31 Council Member Many asked how much it would cost. 32 33 Interim City Administrator Ericson indicated that Staff would be able to generate the message 34 internally. 35 36 Ayes -1(Stigney) Nays - 0 Motion failed. 37 38 MOTION/SECOND: Stigney/Gunn. To Advertise in the Mounds View Matters and Solicit 39 Input from Residents on the 2:00 a.m. Closing and to Provide Notice on the Bulletin Boards at 4o the Manufactured Home Parks, Apartments, and City Hall. 41 42 Council Member Marty asked if Staff knew when the bulletin board would be repaired out front. 44 Public Works Director Lee indicated he would look into it. • 45 Mounds View City Council July 14, 2003 Regular Meeting Page 5 Council Member Quick indicated that this matter would need to be postponed because the Mounds View Matters will not go out for a number of weeks. Mayor Linke indicated that it takes two months to get something into the Mounds View Matters. Council Member Stigney indicated he felt it is important enough, regardless of the delay, to solicit input from residents. Ayes - 2(Gunn/Stigney) Nays - 3 Motion failed. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Item E as Presented. Ayes - 4 Nays -1(Stigney) Motion carried. Mayor Linke indicated the City has a policy limiting the number of hours Staff can carry over from year to year and Mr. Ericson lost hours because he was unable to take his vacation due to his additional duties as Interim City Administrator and this Resolution would reinstate those hours. Council Member Marry indicated that he had pulled this item to recognize Mr. Ericson for doing an outstanding job. MOTION/SECOND: Many/Quick. To Waive the Reading and Approve Resolution 6055 Approving Reinstatement of Forfeited Vacation Hours for Jim Ericson. Ayes - 5 Nays - 0 Motion carried. Interim City Administrator Ericson read Resolution 6057. MOTION/SECOND: Marty/Quick. To Approve Resolution 6057, Authorizing a Step Increase for Michael Sommer, Chief of Police. Ayes - 5 Nays - 0 Motion carried. Council Member Council Member Stigney read Resolution 6058. MOTION/SECOND: Marty/Quick. To Approve Resolution 6058, Authorizing a Step Increase for Mary Burg, Golf Course Manager. Ayes - 5 Nays - 0 Motion carried. 9. COUNCIL BUSINESS A. Consideration of Resolution 6046 Authorizing Staff to Advertise for a Part Time Community Service Officer (CSO) in the Police Department. Mounds View City Council July 14, 2003 Regular Meeting Page 6 2 • 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6046, a Resolution Authorizing Staff to Advertise for a Part Time Community Service Officer in the Police Department. Ayes - 5 Nays - 0 Motion carried. B. Consideration of Resolution 6059 Authorizing Retainer Agreement with Kennedy & Graven. Interim City Administrator Ericson indicated that Kennedy & Graven has suggested it may be possible to have a City Attorney present for only one meeting per month and that would affect the monthly retainer amount. He then suggested that Council discuss the matter and advise Staff as to how to proceed. Mayor Linke indicated he would like to see what the cost savings would be to have the Attorney at only one meeting per month. He then indicated he would like to amend the agreement to indicate that only one automatic extension is allowed before Council has to look at the agreement and go out for proposals. MOTION/SECOND: Linke/Marty. To Postpone this Matter. Ayes - 5 Nays - 0 Motion carried. C. Consideration of Resolution 6042 Approving the Preliminary County Road H Sidewalk Feasibility Report and Ordering the Improvement Project. Public Works Director Lee indicated he was unable to obtain information on the number of children attending Sunnyside that live on the north side of H and west of Silver Lake Road as school officials are on summer break. He then said that he is aware that there are 44 walkers. MOTION/SECOND: Quick/Gunn. To Remove Resolution 6042 from the Table for Discussion. Ayes - 5 Nays - 0 Motion carried. Patrick Minkhouse of 5132 Eastwood Road asked what became of the argument against the sidewalk because there is already a sidewalk on one side. Mayor Linke indicated that all of the information was taken under consideration and Council felt at the last meeting that it needed more time to digest and further review all the information that was provided. ,3 Steve Borden of 3009 County Road H indicated he spoke at a previous meeting to say this is not 44 a cost effective way to get the kids across the street. He then said that he has talked to his • 45 attorney and his attorney suggested that some of the people that would lose their driveway and Mounds View City Council July 14, 2003 Regular Meeting Page 7 1 lose the right to park in the driveway could potentially sue the City for being deprived of the use • 2 of their property and that could be a big cost impact to the City. 3 4 Mayor Linke asked the City Attorney to comment on the use of the County right-of--way. 5 6 City Attorney Vose indicated that it would be difficult to comment definitively as he does not 7 have all of the information but said that he feels there is relatively little risk to the City in this 8 matter. 9 to Angela Olson of 5046 Longview Drive brought up that the plan does not budget for replacement 11 of trees and they were told that trees were to be replaced. She then said that the City has 150 12 trees to replace on her property line. She then said that she has heard of other cities that have had 13 to replace lost privacy so she is asking the City to put a privacy fence on her property. 14 15 Public Works Director Lee explained that tree replacement only applies to trees that may be 16 removed or damaged that are on private property not within the right-of--way. 17 18 Ms. Olson indicated that at the informational meeting residents were told that trees lost would be 19 replaced and it was not specified that those trees had to be on their property. 20 21 Council Member Quick commented that if there is root damage to a tree on private property due ?2 to work in the right-of--way and that tree dies it would be removed and replaced by the City. • 23 24 Deb of 5046 Long Lake Road indicated that her driveway is one of the ones that would be 25 cut in half and she has not gotten any response from the City as to what to do about that. 26 27 Council Member Stigney asked the City Attorney to comment on the driveway issue. 28 29 City Attorney Vose indicated he did not have all the specific facts but said that the right-of--way 30 is dedicated to uses including streets and sidewalks and is not to be used for private parking. He 31 then commented that residents seem to be making political claims on Council attention but that is 32 not the legal issue as the right-of--way is intended for streets and sidewalks and is not owned by 33 the private property owners. 34 35 Elizabeth Shelberg 5045 Rainbow Lane indicated she feels the sidewalk will make things less 36 safe because drivers will have to stop at the sidewalk and check for pedestrians and then try to 37 get out on H that is already very difficult to do. She then said she has seen adults having trouble 38 crossing the street and she does not think it is a good idea to have the children crossing. She 39 further commented that she feels that someone is going to get hurt with this proposal. 40 41 Michael Maroni of 5045 Brighton Lane commented that County Road H has gotten very busy in 42 the last 13 years that he has lived here and he feels it is dangerous to route children along a busy ~3 street. He then said the City should reconsider whether it is a good idea to have children walking 44 along a street that has 6000 cars driving on it and whether it is prudent to spend half a million • 45 dollars on this sidewalk. Mounds View City Council July 14, 2003 Regular Meeting Page 8 1 . 2 Mayor Linke explained that TIF funds would be used for the sidewalk and then explained how 3 those funds are obtained. 4 5 Mr. Maroni said he felt the City needed to look into this further because he does not think it 6 solves the safety for children issue. He then said he felt it was inappropriate for the school 7 district to send representatives supporting this proposal when they do not live in, or pay taxes in 8 this City. He further commented that the City should consider where it is routing children and he 9 feels parents should be responsible to watch their kids not the City. 10 11 Kent Reed of 2833 County Road H indicated that the real issue is getting the kids across the 12 street. He then asked that Council deny approval of the sidewalk but, if that is not done, he asked 13 that any approval be contingent upon County approval for crosswalks to get the children across 14 the street to the sidewalk. He further commented that a sidewalk without the crosswalk solves a 15 problem for a few children but creates a larger hazard for the majority. 16 17 Mayor Linke asked if the City needs approval to paint a crosswalk on County Road H. 1$ 19 Public Works Director Lee indicated that the City would need County approval. He then said 20 that the City has requested approval in the past and been denied. He further commented that the 21 City recently requested approval for traffic signals in front of the school and that request was ~2 denied. • 23 24 Leonard Gustafson of 5126 Greenwood Drive indicated that this issue, much like the 2:00 a.m. 25 closing issue affects a lot of people and he suggested soliciting input from residents before 26 making the decision. 27 28 Council Member Gunn indicated that she does not understand why the County is against putting 29 crosswalks across H and she would like to ask the County why they are against it. 30 31 Public Works Director Lee indicated that it is his understanding that the County does not want to 32 slow down or inhibit traffic flow on County Road H. 33 34 Ms. Shelberg thanked the police department for putting the speed traps on County Road H and 35 noted that at least 30 people have been tagged. 36 37 Jerry Blanski of 2933 Wooddale Drive indicated he did not want to be here again but has to be 38 able to say he expressed his thoughts. He then said he has no interest in this project other than as 39 a concerned resident of the City and he is in opposition to this project especially at this time for 4o all the reasons previously given. 41 42 Mr. Blanski indicated that those in favor of this can be counted on one hand and the opposition is 3 much greater. He then asked where those residents that are in favor of this or who are concerned 44 about their children walking are and why they are not here expressing their opinion. • 45 Mounds View City Council July 14, 2003 Regular Meeting Page 9 1 Mr. Blanski indicated that a gentlemen living on County Road H west of Silver Lake Road said . 2 he never saw children walking on County Road H and the reason is because 7 families van their 3 children to school because will not allow them to walk without sidewalks. He then said that, if 4 that is true, where are those families and why are they not here advocating the sidewalk. Is it 5 because they will not allow their children to walk regardless of whether there is a sidewalk. He 6 further commented that this is not a safety issue but a bussing issue. 7 8 Mr. Blanski indicated he had four daughters and he would not have allowed them to walk 3/4 to 1/z 9 mile to school unescorted. He then suggested that Council and interested residents begin l0 attending school board meetings to get bussing restored. 11 12 Mr. Blanski indicated that he is not aware of any accidents without the walk but there very well 13 could be accidents with 32 driveways crossing it. He then said that a comment was made "if we 14 build it they will come" and he has a hard time digesting that statement. 15 16 Mr. Blanski commented that during these difficult economic times City money, regardless of 17 how or where it comes from, should be saved for other uses. He then said that as elected officials 18 he asks them to vote for those that are concerned and not those that are affected or those that care 19 less and never show up for a meeting. He further commented that he does not feel this should go 20 forward at this time and that the City should get resident input and comment before spending 21 money on plans and specifications as has already been done. >.2 • 23 Dan Moon of 6929 Pleasantview Drive indicated that he is in favor of the sidewalk to make the 24 area safer for walkers and to provide a way to travel into Fridley because he likes to walk and 25 ride bike with his kids and a sidewalk would make it safer and easier to do that. 26 27 Rich Sonterre of 5060 Red Oak Drive indicated that he is in favor of the sidewalk and he is one 28 of the parents that would be impacted in terms of ability to get to and from school more safely. 29 He then said that this path does fit the Comprehensive Plan to connect neighborhoods that are 3o west of Silver Lake Road to those east of Silver Lake Road. 31 32 Mr. Sonterre commented that the City is going to have a commitment to creating this type of 33 project and the costs that involves so he asks, if not now, when? He then said that the economic 34 opposition to the project stems from the tough economic times but, in this case, these funds are 35 available for this type of project and not for assisting with the City's budget problems. He 36 further commented that he does not want the City to be placed in a position of putting the 37 sidewalk in as a reaction to an accident or injury and hopes that economics is not the reason the 38 City would deny approval of the sidewalk. 39 4o Mr. Sonterre indicated that he spoke with someone from Ramsey County today regarding 41 ongoing discussions about the reconstruction of County Road H and it looks like it is six years 42 off and when it is done it will not incorporate a meaningful expansion to the roadway. So, if the 43 City were to put in a sidewalk, it would not be impacted by a road reconstruction. However, if 44 Ramsey County puts in a sidewalk at their expense, it will be an eight (8) foot wide bituminous • 45 path paid for by the County and assessed to the property owners. Mounds View City Council July 14, 2003 Regular Meeting Page 10 1 • 2 Mr. Sontene indicated that 99% of the opposition to this project is from people who have homes 3 or yards that are impacted by the sidewalk and he feels that is misguided because in a world of 4 lesser evils he feels the sidewalk is less of an evil because it would move people through the 5 community in a safer manner. He further commented that those residents with shrubs inside the 6 right-of--way are obstructing a sign that warns motorists of a stop sign up ahead and he feels that 7 public works should be asked to look into it. He then asked Council to remember that it needs to 8 make a decision based on the good of the whole community and not just the few that are opposed 9 to this because of impacts to their yards. to 11 Mr. Sonterre indicated that the sidewalk benefits the City on the whole and the obstacles can be 12 overcome. 13 14 Jerry Blanski responded to the comment that only those that are negatively affected have 15 commented by asking where are the parents of the 44 children that this is supposed to protect. 16 17 Patrick Minkhouse of 5132 Eastwood Road indicated he had spoken earlier and wanted to make 18 it known that he is against this sidewalk because there is a parallel sidewalk on the New Brighton 19 side and he does not feel it helps with safety to put children in a position where they have to cross 20 the road. He further commented that he polled his children and they told him that all of their 21 friends walk along Woodcrest and cut over to Sunnyside. He also indicated that he would >_2 support a sidewalk from Silver Lake Road through the area that does not already have a sidewalk • 23 on the other side. 24 25 Cindy Anderson of 5101 Sunnyside indicated she came to Mounds View for the school district 26 and she loves sidewalks. She has a corner lot and she would not recommend kids walking down 27 Woodcrest because the traffic travels too fast. She then said she is for the sidewalk especially on 28 the other side of Silver Lake Road where there is nothing. 29 3o Council Member Stigney indicated he does not believe the safety justifications have been made 31 for this project by putting in a parallel sidewalk. 32 33 MOTION/SECOND: Stigney/Marty. To Deny Resolution 6042, a Resolution Approving the 34 Preliminary County Road H Sidewalk Feasibility Report and Ordering the Improvement Project. 35 36 Council Member Marty indicated that he does not feel that this is the time to put in a sidewalk in 37 this location because there is already a sidewalk on the other side. He then said that he has heard 38 discussions from those living on the west side of the City about having a pathway go up Silver 39 Lake Road because the kids do not have a way to get north and south and every now and then 40 you can see a stray 10 year old biking down the road. 41 42 Council Member Quick indicated he is for the sidewalk because in time the one along Silver F3 Lake Road will come but that will be major reconstruction and there is no place to put one now. 44 • 45 Council Member Gunn asked how close to the street the sidewalk is allowed. Mounds View City Council July 14, 2003 Regular Meeting Page 11 1 • 2 Public Works Director Lee indicated that the sidewalk needs to be four feet from the edge of the 3 existing pavement. 4 5 Mayor Linke indicated he is opposed to this motion because he had a lot of people speaking 6 against this and what people are talking about is how they want to move sidewalk to a different 7 street so their yards are not impacted. He then said that he is looking at this from a safety 8 standpoint and is less concerned with the impact to trees and shrubs than he is with providing 9 safe walkways for residents to travel within the community. He further commented that there l0 was a terrible tragedy on Highway 10 because nothing was done about safety and he does not 11 want that to happen in this situation so, if it saves one kid, it is worth the money to put the 12 sidewalk in. 13 14 Mayor Linke indicated that the sidewalk is needed on the north side to get the kids down to the 15 school where there are crossing guards to assist them with crossing. 16 17 Council Member Gunn indicated that trailways is part of the comprehensive plan so they are 18 coming sooner or later. She then said that she lives on a busy street and assumes that a sidewalk 19 will be coming to her street too. She further commented that this is not just a safety issue for the 20 kids but for the whole community because the sidewalk will allow families to travel to other 21 areas within the community safely. '.2 • 23 Council Member Gunn indicated she would prefer a five (5) foot pathway because it would be 24 less of an impact to the property owners. 25 26 Council Member Marty indicated that if there is a sidewalk approved he would favor the five (5) 27 foot width but the City does not have any equipment to service it so that would add an expense to 28 purchase equipment. 29 30 Council Member Gunn suggested contracting with New Brighton for services. 31 32 Council Member Marty agreed that more trailways will enhance the City but said he does not feel 33 that this is the time to do it. 34 35 Council Member Gunn questioned whether residents would like the City to put in the sidewalk or 36 wait for the County to do so and put in an eight (8) foot wide path that residents are charged for. 37 38 Council Member Quick indicated that this is aright-of--way not an easement and residents do not 39 have any control over the right-of--way. He then said that he considered the five foot path but 4o feels that it may be too narrow for a family to walk or bike on if you have to pass others on it. 41 His other concern is that the City would have to purchase a piece of equipment to maintain it. 42 ~3 Ayes - 2 Nays - 3(Linke/Quick/Gunn) Motion failed. • 44 Mounds View City Council July 14, 2003 Regular Meeting Page 12 1 MOTION/SECOND: Quick/Linke. To Approve Resolution 6042, a Resolution Approving the • 2 Preliminary County Road H Sidewalk Feasibility Report and Ordering the Improvement Project 3 with a Six and a Half Foot Wide Concrete Path and Utilizing TIF Funds. 4 5 Mayor Linke apologized for getting worked up about the sidewalk safety issue but said he 6 predicted the Highway 10 tragedy and he does not want to see it happen again. 7 8 Council Member Quick indicated he would prefer concrete unless blacktop works better in other 9 areas. 10 1 l Council Member Stigney asked how wide the sidewalk on Long Lake Road is. 12 13 Public Works Director Lee indicated it is seven feet wide. 14 15 Council Member Stigney asked how wide the County path would be. 16 17 Public Works Director Lee indicated it has been the County's procedure to require aneight-foot 18 wide path. 19 20 MOTION/SECOND: Stigney/Marry. To Amend the Motion on the Floor to Bituminous and 21 Limit the Sidewalk to from Silver Lake Road West to the City Limits with it Being Six and a ?2 Half Feet Wide. 23 24 Ayes - 2(Marly/Stigney) Nays - 3 Motion failed. 25 26 MOTION/SECOND: Stigney/Gunn. To Amend the Motion on the Floor to Bituminous Rather 27 than Concrete and That the Width be Six and a Half Feet. 28 29 Council Member Marty asked how long the bituminous would last. 30 31 Public Works Director Lee indicate the life expectancy for bituminous is 15 to 25 years and with 32 concrete it is 40 to 50 years. 33 34 Council Member Marry commented that the money spent now is more but it would require less 35 upkeep and last longer than the bituminous. 36 37 Council Member Stigney commented that it is much more expensive to put in concrete and, as 38 long as we are discussing money, he sees no reason that the City could not use TIF funds in the 39 future to pay for the sidewalk rather than telling residents if it is not done now they will have to 40 pay for it. 41 42 Mayor Linke commented that, if the County puts the sidewalk in, then the residents would be ~3 assessed. 44 • 45 Council Member Quick indicated the amount is assessed to the property owners by the County. Mounds View City Council July 14, 2003 Regular Meeting Page 13 1 • 2 Council Member Quick indicated that concrete is less expensive in the long run and the TIF 3 districts are running out in the near future and he does not plan on voting to extend them. 4 5 Council Member Stigney indicated that concrete is the most expensive for initial cost. 6 7 Ayes - 1(Stigney) Nays - 4 Motion failed. 8 9 MOTION/SECOND: Guiui/Marty. To Amend the Motion on the Floor to a Five Foot Wide 1 o Sidewalk of Concrete. 11 12 Council Member Gunn indicated that it is possible to contract with New Brighton for the 13 maintenance of the five-foot wide path rather than purchasing new equipment right away. She 14 then said that she feels that the concrete will last longer and save money over time. 15 16 Public Works Director Lee indicated that the City currently has 12.5 miles of paths to maintain 17 and it is estimated that the City will have another 12.5 in the future so the City will eventually 18 need a piece of equipment to maintain trails other than the bobcat. 19 20 Council Member Stigney told residents that it is apparent that they are getting a sidewalk and 21 said he would support this motion for the five foot one because it is less of an impact to the ?2 residents. He then said he would like the City to look at contracting with New Brighton to • 23 maintain the trail rather than purchasing equipment. 24 25 Mayor Linke indicated that there is a TIF savings to construct five foot versus the six and a half 26 foot but that savings cannot be used for the purchase of equipment so the City would have the 27 full $70,000 expense for that equipment. 28 29 Ayes - 2 Nays - 3(Linke/Many/Quick) Motion failed. 30 31 Ayes - 3 Nays - 2(Marty/Stigney) Motion carried. 32 33 D. First Reading and Introduction of Ordinance 717 Amending the City Code 34 Related to Closing Time of Licensed On-Sale Liquor Establishments. 35 36 Interim City Administrator Ericson indicated this item is before Council at the request of Mr. 37 Hall for an Ordinance change to allow for the 2:00 a.m. closing time. He then said that a 38 representative of Jake's is present to comment as well. 39 4o Interim City Administrator Ericson indicated that this item is set for first reading tonight and for 41 public hearing on the second reading on July 28, 2003. 42 43 MOTION/SECOND: Quick/Marty. To Waive the Reading, Introduce the First Reading and 44 Approve Ordinance 717, an Ordinance Amending the City Code Related to Closing Time of . 45 Licensed On-Sale Liquor Establishments. Mounds View City Council Regular Meeting July 14, 2003 Page 14 1 • 2 Council Member Stigney indicated that he does not feel that Council is soliciting public 3 information and comment on the issue so he does not support it at this time. 5 Mayor Linke indicated that public comment would be taken at the public hearing. 7 Council Member Stigney indicated that the public hearing is the legal minimum that is required 8 but he is talking about going out and notifying residents so he takes offense to the legal 9 minimum. 10 11 Kent Reed of 2833 County Road H indicated that he thinks Council should solicit public 12 comment. He then commented that this 2:00 a.m. closing was brought forth by the state 13 legislature to promote tourism and he does not see the benefit for the City. He finished his 14 comments by saying that "nothing good happens after midnight anyway" as his parents used to 15 tell him. 16 17 Rick, the Operations Director for Jake's Restaurant addressed Council and indicated that not 18 being able to be open until 2:00 a.m. harms them not because of the money they lose from 1:00 19 a.m. to 2:00 a.m. but because customers will leave at 11:00 or 12:00 to go somewhere that is 20 open unti12:00 a.m. and that would hurt their business. He further commented that they are 21 intending to make more improvements to their business to expand but really need the City's ?2 support of the 2:00 a.m. closing in order to make it feasible for them to do so. • 23 24 Council Member Stigney indicated that taxpayer money would be used to allow the 2:00 a.m. 25 closing. He then said that there are an additiona150 state highway patrol if the required number 26 of bars sign up for the later closing but those are not within the metro area so the City picks up 27 the extra costs for allowing the later closing. He further commented that there has been some 28 concern that the City will incur additional overtime charges due to the way shift change is set up 29 and, if someone picks up a DUI suspect they have to stay to finish processing. 30 31 Council Member Marty commented that Council approved partnering with Ramsey County for 32 the safe and sober program and there should be grant money available through that program. He 33 then said he had discussed the matter with Mr. Ericson and there is the possibility of adjusting 34 policing shifts and raising licensing fees to cover the additional costs. 35 36 Mr. Sonterre suggested tabling this debate for further research. He then said that he would like to 37 know what happens in other cities that approve the later closing and what is approved. He 38 further commented that the argument made at the state level was that the intoxicated people 39 would filter out over a longer period of time rather than the later closing increasing the number of 40 intoxicated people. But, only time will tell. 41 42 MOTION/SECOND: Stigney/Gunn. To Postpone This Matter Until there is Information from -~3 Adjacent Cities on What is Approved and How that Impacts those Cities. 44 • 45 Ayes 2 (Stigney/Quick) Nays - 3(Linke/Marty/Gunn) Motion failed. Mounds View City Council July 14, 2003 Regular Meeting Page 15 Ayes - 4 Nays -1(Stigney) Motion carried. 4 Council Member Quick asked Staff to discuss this with the Chief of Police. 5 6 Council Member Stigney asked Staff to provide any information from adjacent cities that have ~ changed to the 2:00 a.m. closing. 8 9 E. Appeal of Planning Commission Denial of Parking Lot Setback Variance for to Stephen Farrell, 2402 County Road I and Consideration of an Amendment to 11 Resolution 5527 Regarding Outside Storage of Garbage Containers. 12 13 Interim City Administrator Ericson explained that this matter is a long running dispute between 14 the property owner, neighbors and the City. He then explained that the issue stemmed from a 15 lack of parking after Mr. Farrell purchased the building from Mr. Mezzenga realizing he did not 16 have enough parking for the intended uses but assuming he could utilize on street parking on 17 Greenfield. Mr. Farrell was encouraged by the City Council to apply for a variance but that 18 variance was denied by the Planning Commission because the Commission felt that the hardship 19 requirement could not be satisfied. 20 21 Interim City Administrator Ericson indicated that Mr. Farrell also requested a modification to the ?2 original resolution for development of the building in that the original one required that the • 23 garbage be kept inside and he would like to keep it outside. 24 25 Interim City Administrator Ericson indicated that Resolution 6060 would overturn the Planning 26 Commission denial of the variance. He then said that Mr. Zwirn who is the neighboring property 27 owner as well as a Planning Commissioner was at the meeting earlier and had asked that he 28 convey that he would prefer that the variance denial be upheld and the garbage required to be 29 maintained. inside. 30 31 Council Member Marty asked whether Mr. Farrell has worked with the people in the area to try 32 and accommodate the concerns. 33 34 Interim City Administrator Ericson indicated that while he cannot speak for the neighbors he 35 understands from them that Mr. Farrell has not been working with the neighbors. He then said 36 that the parking situation has improved since part of the street was posted as no parking but there 37 is still the issue with the fence. He further commented that Mr. Farrell was issued a ticket 38 regarding the outstanding compliance issues. 39 4o Council Member Marty indicated there was nothing in the Resolution about the garbage. 41 42 Interim City Administrator Ericson indicated that a motion by Council to deny Mr. Farrell's ,3 request to amend would be sufficient on the garbage issue. 44 • 45 Council Member Marry asked about the gap in the fence. Mounds View City Council July 14, 2003 Regular Meeting Page 16 1 • 2 Interim City Administrator Ericson indicated that there is nothing in the original documents to 3 address that. Fencing was installed in the front but not in the back so people hop through and go 4 to Sams. He then said that the fencing was an agreement reached with the previous property 5 owner. 6 7 Mayor Linke indicated that he thinks there should be a variance but he feels the development 8 agreement states that the garbage goes inside and that is how it should remain. He then said that 9 it was, or should have been, incumbent upon him to know what the encumbrances are and he has 1 o to live by that encumbrance. 11 12 Council Member Stigney indicated he is for keeping the garbage indoors but is for supporting the 13 Planning Commission because they could not find hardship and Council is subject to the same 14 hardship requirements of the Planning Commission. 15 16 Council Member Marty indicated he supports the Planning Commission decision on this and he 17 thinks the garbage inside will provide one additional parking place. 18 19 Mayor Linke indicated that he supports this variance because either Council or the Planning 20 Commission made an error in allowing reduced parking and he feels Council should correct that 21 error. ?2 • 23 MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6060 as 29 Interim City Administrator Ericson indicated that the Planning Commission had granted the 3o variance due to assurances from the property owner that the City's required parking was too 31 much for the building and the site was small so it was difficult to lay out for more parking. He 32 then said, in hindsight, the Commission should have sized the building down and left the parking 33 requirement as is. 34 24 Presented. 25 26 Council Member Stigney indicated that he does not feel it is appropriate to blame the Planning 27 Commission or Council for the existing parking situation. He then asked how this came to be. 28 35 Council Member Stigney asked whether Staff brought those issues to the attention of the 36 Commission. 37 38 Interim City Administrator Ericson indicated that Staff went along with the decision at that point. 39 4o Ayes - 3 Nays - 2(Marty/Stigney) Motion carried. 41 42 MOTION/SECOND: Linke/Marty. To Uphold the Previously Approved Resolution that 3 Requires that the Garbage Remain Inside the Building. 44 • 45 Ayes - 5 Nays - 0 Motion carried. Mounds View City Council July 14, 2003 Regular Meeting Page 17 • 2 F. Consideration of Resolution 6047 Authorizing Staff to Purchase a New 3 Greens Mower for the Golf Course. 4 5 Golf Course Manager Burg indicated that the old mower could be kept and the attachments used 6 for the new mower. She then said that the Jacobsen was chosen for ease of maintenance. 7 8 Council Member Stigney asked about the status of the aerator. 9 to David Parker indicated that it is not presently used and said that it is not a particularly desirable 11 piece of equipment and would be hard to sell. 12 13 Council Member Quick indicated that there was a mistake made on the specs and the soil was 14 compacted too tightly and this machine was used to break down the soil and loosen it up and, in 15 doing so, found large amounts of construction debris that was not supposed to be there. He then 16 asked whether the City still has a need to aerate the soil as deeply as that machine does. 17 18 Golf Course Manager Burg indicated that it may be necessary in the future to utilize that 19 depending upon weather conditions and how that affects the turf. 20 21 Council Member Quick asked how much it was worth. ?2 • 23 Mr. Parker indicated $2,000 to $3,000. 24 25 Council agreed to keep the machine as it is not worth selling and it may be utilized some day. 26 27 Council Member Quick indicated that Council was told this would be a money making machine 28 as other courses in the area would want to rent it. He then asked Staff to determine whether that 29 is true. 30 31 Golf Course Manager Burg indicated she would look into it and said there is a listing she can 32 advertise in. 33 34 Council Member Stigney asked whether Staff has contacted the course in Burnsville to buy 35 equipment they are getting rid of. 36 37 MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6047, a 38 Resolution Authorizing Staff to Purchase a New Greens Mower for the Golf Course. 39 4o Council Member Stigney suggested a friendly amendment to check to see if the Burnsville course 41 has one available before purchasing the new one. 42 13 Ayes - 5 Nays - 0 Motion carried. • 44 Mounds View City Council July 14, 2003 Regular Meeting Page 18 1 Golf Course Manager Burg indicated she would look into the Burnsville course closing and • 2 provide information back to Council. 3 4 G. Resolution No. 6053 Authorizing a Contract Award to Repair the 5 Gymnasium Floor at the Community Center. 6 7 Public Works Director Lee indicated that lightening struck the roof of the Community Center 8 causing a hole that allowed water to damage the gymnasium floor. He then recommended 9 approval of the contract for repairing the floor. 10 11 City Attorney Vose indicated that quotes were sought rather than bids as the amount was below 12 the statutory amount requiring bids. 13 14 Council Member Marty asked whether the City Hall claim was being included with the claim at 15 the Community Center. 16 17 Public Works Director Lee indicated that they are looking into lumping them into one claim but 18 they are not sure yet if that will work. 19 20 Council Member Stigney asked whether the roof patch would be permanent or temporary. 21 >_2 Public Works Director Lee indicated that it would be a permanent repair. • 23 24 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6053, a 25 Resolution Authorizing a Contract Award to Repair the Gymnasium Floor at the Community 26 Center. 27 28 Council Member Quick asked when this was first noticed. 29 30 Public Works Director Lee indicated there was a storm on July 1, 2003 and the day after the 31 storm the water damage was noticed. 32 33 Ayes - 5 Nays - 0 Motion carried. 34 35 H. Consideration of Resolution 6061 Authorizing Retainer Agreement with 36 Hughes & Costello to Provide Mounds View with Prosecution Legal Services. 37 38 MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6061, a 39 Resolution Authorizing Retainer Agreement with Hughes & Costello to Provide Mounds View 40 with Prosecution Legal Services. 41 42 Ayes - 5 Nays - 0 Motion carried. ~3 • Mounds View City Council July 14, 2003 Regular Meeting Page 19 i I. Consideration of Resolution 6062, a Resolution Approving the Hire of Kurt • 2 Ulrich to the Position of Mounds View City Clerk/Administrator. 3 4 MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6062, a 5 Resolution Approving the Hire of Kurt Ulrich to the Position of Mounds View City Clerk 6 Administrator. 7 8 Council Member Stigney indicated that he wanted the Resolution read. He then asked which 9 letter of hire is part of the employment contract. 10 11 Interim City Administrator Ericson indicated the letter is the contract. 12 13 Council Member Stigney questioned the difference in the language concerning the salary being 14 adjusted annually in the same manner of the other management employees. 15 16 Interim City Administrator Ericson indicated that he had taken the liberty of adding that language 17 to prevent Mr. Ulrich from being excluded from getting cost of living increases because that is 18 not spelled out in the personnel policy. 19 20 Council Member Stigney asked whether the $77,013 starting salary was per the personnel policy. 21 __>2 Interim City Administrator Ericson indicated that the personnel manual would not have him at • 23 Step 3 at six months. 24 25 Council Member Stigney asked why that rule is being bent. 26 27 Interim City Administrator Ericson indicated that was what was requested and that is what was 28 approved. 29 3o Council Member Stigney indicated he would like to remove the last sentence from the hiring 31 letter. 32 33 Interim City Administrator Ericson apologized and indicated he did not feel that it was an issue 34 that warranted discussion. 35 36 Council Member Marty commented that he did not think it made a difference either way. 37 38 Interim City Administrator Ericson read Resolution 6062. 39 4o MOTION/SECOND: Stigney/Marty. To Amend the Letter of Hire to Omit the Last Sentence 41 and Use the One Agreed to by the Applicant. 42 13 Ayes - 3 Nays - 2(Linke/Quick) Motion carried. 44 • 45 Ayes - 5 Nays - 0 Motion carried. Mounds View City Council July 14, 2003 Regular Meeting Page 20 2 • 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 • 45 10. APPROVAL OF MINUTES A. City Council Minutes June 16, 2003 (Special Meeting) MOTION/SECOND: Gunn/Marty. To Approve the Special City Council Meeting Minutes of June 16, 2003 as Presented. Ayes - 5 Nays - 0 Motion carried. B. City Council Minutes June 23, 2003 Council Member Marty requested the following changes: On Page 2, line 9, change currently is to "was last". On Page 11, Line 3 clarify that he said he believed in nine years at that meeting that the sidewalk would go in. MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes of June 23, 2003, as Amended. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS Council Member Gunn indicated she attended a picnic in honor of Ben Ingen welcoming him home from Iraq. Council Member Gunn indicated that she has been asked to bring up Highway 10 redevelopment and the renaming of Highway 10 for discussion at an upcoming work session. Council Member Many reminded residents that Festival in the Park is scheduled for August 16, and 17, 2003 and invited residents to sign up for the golf tournament. City Attorney Vose indicated that he provided to Council a letter with a recommendation and report regarding the results of the Eller Media billboard and this matter will be discussed at another meeting. 12. Next Council Work Session: Next Council Meeting: Monday, August 4, 2003 Monday, July 28, 2003 13. ADJOURNMENT Mayor Linke adjourned the meeting at 10:50 p.m. Transcribed and recorded by: