HomeMy WebLinkAboutMinutes - 2003/10/271 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
2 CITY OF MOUNDS VIEW
3 RAMSEY COUNTY, MINNESOTA
4
5 Regular Meeting
6 ,.,;;~ ~" 1~ ~ ~'" October 27, 2003
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7 ~ ~ ~ ~ ~j- ~ ~~ ~-- Mounds View City Hall
8 -• " ~ X 2401 Highway 10, Mounds View, MN 55112
9 7:00 P.M.
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12 1. MEETING IS CALLED TO ORDER
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14 2. PLEDGE OF ALLEGIANCE
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16 3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn
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1s 4. APPROVAL OF AGENDA
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20 A. Monday, October 27, 2003 City Council Agenda.
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2 Mayor Linke indicated that Item G would be removed from the agenda and Item 11 B would be
3 heard after Just and Correct Claims.
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25 City Administrator Ulrich requested that introduction of the new planning associate be added as
26 Item 6B.
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28 MOTION/SECOND: Marty/Stigney. To Approve the Monday, October 27, 2003 Agenda as
29 Amended.
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31 Ayes - 5 Nays - 0 Motion carried.
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33 5. PUBLIC INPUT
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35 Jerry Blanski of 2933 Woodale Drive, suggested that the person that makes up the agenda put
36 those items where the City knows there will be interested citizens present to comment first on
37 Council Business to accommodate residents. He then commented that there was a blind person
38 sitting near him at the last meeting who finally left and said this was a waste of time.
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4o Barb Bollum, Chair of the Mounds View School Board, addressed Council and discussed the
41 levy information asking that residents become educated on the true facts and become an informed
42 decision maker when they come to the polls.
Dennis Haames of 5511 Quincy Street asked what Council is doing on County Road I to assist
45 with the noise. He then asked if Ms. Bollum would like to contribute taxes for the sidewalk that
Mounds View City Council October 27, 2003
Regular Meeting Page 2
1 the Ci is ro osin He further commented that he would like the tax a ers to reall look at
tY p p g p Y Y
2 the levy because there is not good information on what it really is going to cost the taxpayers.
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4 6. SPECIAL ORDER OF BUSINESS
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6 A. Proclamation for the Ramsey County Library.
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8 Mayor Linke read a Proclamation for the Ramsey County Library.
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10 B. Introduction of New Planning Associate
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12 Community Development Director Ericson introduced Kristen Prososky, the new Planning
13 Associate.
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15 7. JUST AND CORRECT CLAIMS
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17 A. Just and Correct Claims
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19 Council Member Marty asked for information on the Kennedy & Graven invoice Dahl versus the
20 City of Mounds View.
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!~2 City Attorney Riggs indicated it is a League of Minnesota Cities case that Council was briefed on
23 previously.
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25 Council Member Marty asked for clarification on the water power rehabilitation.
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27 Finance Director Hansen indicated that there was a typographical error and the invoice should be
28 for the water tower rehabilitation.
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30 MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented.
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32 Ayes - 5 Nays - 0 Motion carried.
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34 8. CONSENT AGENDA
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36 A. Licenses for Approval
37 B. Consideration of Resolution 6122 Authorizing the Execution of Limited Use
38 Agreement for Judy Langner, 2337 Knoll Drive
39 C. Resolution No. 6120 Authorizing the Purchase of a Replacement Large Format
40 Plotter
41 D. Resolution No. 6117 Approving a Contract Award for Weather Service for the
42 2003 - 2006 Winter Seasons
3 E. Resolution 6128 Ratifying the Appointment of Election Judges for the 2003
~4 General Election
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Mounds View City Council October 27, 2003
Regular Meeting Page 3
Council Member Many requested that Item B be removed for discussion.
MOTION/SECOND: Marty/Quick. To Approve Consent Agenda Items A, C, D, and E as
Presented.
Ayes - 5 Nays - 0 Motion carried.
B. Consideration of Resolution 6122 Authorizing the Execution of Limited Use
Agreement for Judy Langner, 2337 Knoll Drive
Council Member Marty asked whether the special use rights transfer with a sale of the property.
Community Development Director Ericson indicated that they would.
Council Member Marty asked what the fees were and whether those have been recovered.
Community Development Director Ericson indicated that there were two costs involved with
preparing the agreement the first was for the surveyor to create the legal description that came in
under budget and has been invoiced and there were $100.00 in attorney's fees that she will be
invoiced for.
MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Item Bas Presented.
Ayes - 5
9. COUNCIL BUSINESS
Nays - 0 Motion carried.
A. Public Hearing, First Reading and Introduction of Ordinance 711, an
Ordinance Establishing a Pawn Overlay Zoning District
Mayor Linke opened the public hearing at 7:23 p.m.
Community Development Director Ericson provided an overview of Ordinance 711 indicating
that the Planning Commission and Staff had spent a lot of time working on the Ordinance to
ensure that the City has the ability to proactively address pawnshops. He then pointed out
exactly where the pawnshop overlay district will be located.
Rudy Chinoff indicated that he owns a business in the industrial park and wants to keep the riff
raff out and cut down on the potential for break-ins.
Council Member Quick asked if Mr. Chinoff was in the city of Mounds View.
Mr. Chinoff indicated his business was in Blaine at 8399 Coral Sea Street.
Mayor Linke closed the public hearing at 7:29 p.m.
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Mounds View City Council October 27, 2003
Regular Meeting Page 4
MOTION/SECOND: Quick/Gunn. To Waive the Reading, Introduce the First Reading and
Approve Ordinance 711, an Ordinance Establishing a Pawn Overlay Zoning District.
Ayes - 5 Nays - 0 Motion carried.
B. First Reading and Introduction of Ordinance 712, an Ordinance Establishing
Licensing and Operating Requirements for Pawnshops
to Community Development Director Ericson indicated the Planning Commission conducted a lot
11 of research into the requirements for pawnshops before bringing this recommendation to Council.
12 He then noted that firearms are not allowed even though they are in most other metro area
13 pawnshops.
14
15 Community Development Director Ericson provided a brief overview of some of the pawnshop
16 requirements.
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18 Council Member Marty asked what the Minnesota Statute listed under precious metal dealers
19 was for.
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21 Community Development Director Ericson indicated he was not sure exactly what the Statute
~i2 said but indicated it references licensure of precious metal dealers through the County.
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24 Council Member Marty asked what billable transaction fees are.
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26 Community Development Director Ericson indicated that any pawnshop locating within the City
27 would be required to be associated with the automated pawn system and there is a fee for each
28 pawn transaction partially payable to maintain the system and partially payable to the City.
29
3o Council Member Marty read from Section 516.10 concerning ineligible persons for licensure and
31 asked if felons would fall under this category.
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33 Community Development Director Ericson indicated they would if the felony charge is for
34 fencing stolen merchandise or anything along those lines but not for another type of offense that
35 rises to the level of a felony.
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37 Mayor Linke opened the public hearing at 7:30 p.m.
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39 MOTION/SECOND: Gunn/Stigney. To Waive the Reading, Introduce the First Reading and
40 Approve Ordinance 712, an Ordinance Establishing Licensing and Operating Requirements for
41 Pawnshops.
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3 Ayes - 5 Nays - 0 Motion carried.
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45 Mayor Linke closed the public hearing at 7:33 p.m.
Mounds View City Council October 27, 2003
Regular Meeting Page 5
~1
2 C. Public Hearing to Consider Resolution 6121, a Resolution Approving a
3 Conditional Use Permit for an Oversized Garage at 7850 Spring Lake Road
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5 Mayor Linke opened the public hearing at 7:33 p.m.
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7 Community Development Director Ericson indicated that this item is a request for a conditional
8 use permit for an oversized garage located at 7850 Spring Lake Road. He then indicated that
9 Staff and the Planning Commission have reviewed the request and find that all requirements have
1 o been met and recommend approval.
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12 Community Development Director Ericson indicated that the only stipulation on the approval is
13 that the garage cannot be used for a commercial purpose, living quarters or any other use that is
14 not allowed in an R-1 District and the building should maintain a similar appearance. He then
15 said that Staff received no feedback regarding the request for this hearing or for the Planning
16 Commission hearing.
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18 Council Member Marry commented that the lot extends 200 feet into the lake and that limits the
19 amount of usable property.
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21 Community Development Director Ericson indicated that the lots on Spring Lake are platted
~2 through the lake and the City's Code does not require that Staff use useable land when making
23 calculations.
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25 Mayor Linke closed the public hearing at 7:41 p.m.
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27 MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6121, a
28 Resolution Approving a Conditional Use Permit for an Oversized Garage at 7850 Spring Lake
29 Road.
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31 Ayes - 5 Nays - 0 Motion carried.
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33 D. Community Development Department Quarterly Report
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35 Community Development Director Ericson indicated that this report covers the first nine months
36 of the year as he was serving as the Interim City Administrator for a time and was not able to
37 provide a quarterly report for his department. He then said that for the first three quarters of
38 2003 Community Development is under budget on expenditures and over budget on revenues.
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4o Community Development Director Ericson indicated that there have been 23 planning cases over
41 the course of the year. He then indicated that the City has recently hired a new Planner and she
42 was introduced earlier in the meeting.
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Mounds View City Council October 27, 2003
Regular Meeting Page 6
1 Community Development Director Ericson indicated that he, City Administrator Ulrich and
2 Public Works Director Lee are working on moving the Highway 10 redevelopment project
3 forward.
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5 Community Development Director Ericson indicated the Walgreen's trail has been moved in an
6 attempt to keep it from being flooded. He also noted that the planter has been installed under the
7 billboard on Highway 10 and the plants will be added next year in a red and gold planting
8 scheme.
to Community Development Director Ericson indicated that the City was able to extend the trailway
11 from the Mermaid up to Woodale.
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13 Community Development Director Ericson indicated that he would be meeting with Clear
14 Channel Outdoor this week as he understands they are moving forward with new permits for
15 billboards at the golf course.
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17 Community Development Director Ericson reminded Council that the City had received a notice
18 of noncompliance on TIF and received a settlement of not establishing any new TIF districts for
19 three months which means there were no issues of significance.
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21 Community Development Director Ericson indicated that Staff has been working on
~2 redeveloping the Amoco site for four years and, due in large part to Aaron Backman's efforts,
23 Staff expects to see a development plan for review in November or early December for that site.
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25 Community Development Director Ericson indicated that the Planning Commission has reviewed
26 some of the Council priorities and has agreed to look at the zoning code concerning permitted
27 uses as they are overly restrictive at this point because they were drafted in the 1960's and
28 1970's.
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3o Community Development Director Ericson indicated that the Commission wants to emphasize
31 lifecycle housing and will be putting something together for consideration.
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33 Community Development Director Ericson indicated that the Commission discussed it and
34 determined that they do not feel it is necessary to increase the minimum square footage
35 requirements for homes because of the fact that the market has really taken care of that.
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37 Council Member Marty indicated he did not see anything on the Highway 10 soundwall. He then
38 asked if Staff is working on that.
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4o Community Development Director Ericson deferred to Public Works Director Lee as that
41 department is taking the lead on the soundwall.
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3 Mayor Linke asked Mr. Ericson to express a thank you to the Staff and Planning Commission for
4 all of their efforts over the course of the year. He then said they have done an excellent job.
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Mounds View City Council October 27, 2003
Regular Meeting Page 7
1 E. Second Reading and Adoption of Ordinance 723, an Ordinance Amending
2 Chapter 202 of the Mounds View City Code Pertaining to Apportionment of
3 Cost Associated with Roadway Major Maintenance Projects
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5 City Administrator Ulrich indicated that this Ordinance would allow the City the option of
6 considering adjusted front footage or a per unit assessment method.
8 MOTION/SECOND: Marty/Gunn. To Waive the Reading, Approve the Second Reading and
9 Adopt Ordinance 723, an Ordinance Amending Chapter 202 of the Mounds View City Code
10 Pertaining to Apportionment of Cost Associated with Roadway Major Maintenance Projects.
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12 Council Member Stigney reiterated what he said at the previous reading that, in his view, this
13 unit method of assessment unfairly penalizes those with a small lot to make them subsidize those
14 with a larger lot and he does not see that this is fair and he is against this change.
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16 Council Member Many indicated that Staff has explained that the same number of cars is
17 .averaged out to each family regardless of lot size. He then said that if someone does have a
18 double lot they would be charged for two units. He further commented that no system is 100%
19 fair but this seems to be equitable.
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21 Council Member Stigney asked how it can be more equitable to pay more for someone with
~2 small frontage than someone with a larger lot. He then said that residents are taxed on the size of
23 their lot and home and this unfairly penalizes those with small lots.
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25 ROLL CALL: Linke/Quick/Marty/Stigney/Gunn
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27 Ayes - 4 Nays - 1(Stigney) Motion carried.
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29 F. Consideration of Resolution 6118, a Resolution Authorizing the Re-bidding
30 of the County Road H Sidewalk Project
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32 City Administrator Ulrich reviewed the Staff recommendation for this item indicating the City
33 Engineer recommends rebidding for January 8, and awarding the contract on January 26, 2004.
34 Option A is the segment from Edgewood Drive to Silver Lake Road; Option B is Silver Lake
35 Road to the western City limits; and Option C is from Edgewood Drive to the western City
36 limits.
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38 City Administrator Ulrich indicated that the option including the Spring Creek crossing would
39 include sheet pilings rather than a bridge as that was determined to be impractical due to issues
40 with the property owner and prohibitive costs.
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42 MOTION/SECOND: Gunn/Quick. To Waive the Reading and Approve Resolution 6118, a
~3 Resolution Authorizing the Re-Bidding of the County Road H Sidewalk Project.
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Mounds View City Council October 27, 2003
Regular Meeting Page 8
1 MOTION/SECOND: Marty/Gunn. To Amend the Resolution to Just Include Option B, the
2 Segment from Silver Lake Road to the Western City Limits.
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4 Mayor Linke indicated he feels that the amendment would severely limits the options because it
5 costs nothing to get the numbers to see what it will cost to do everything. He further commented
6 that he feels this is being very short sighted.
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8 Council Member Marty commented that this matter had been discussed and voted on by Council
9 previously and he feels it is inappropriate to bring this to Council for open discussion on all of
to the options when a majority of Council agreed to the Silver Lake Road to the western City limits
11 option. He further commented that there is already a sidewalk along the other side in this area
12 and there is no sidewalk from Silver Lake Road.
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14 Mayor Linke indicated that the idea of the sidewalk, in his mind, was to provide a safe way for
15 residents to traverse along County Road H and get them to a safe crossing area: He then said that
16 he feels this is a major safety issue for kids and others that walk along there as there is no
17 sidewalk to bring them to a safe point to cross.
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19 Council Member Marty commented that sidewalks on both sides of the road would not make the
20 crossing safer. He then commented that there is no sidewalk from Silver Lake Road to the
1 western City limits.
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23 Mayor Linke indicated the plan was to bring kids to the crossing guards to get them across the
24 street in that location where it is safer to cross the road.
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26 Council Member Quick asked how far north the kids come down to Sunnyside.
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28 Mayor Linke indicated that the apartment buildings behind City Hall all go to Sunnyside.
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30 Council Member Quick asked where Council Member Marty's kids go to school.
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32 Council Member Marty indicated his son goes to a Montessori School.
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34 Council Member Gunn indicated she would like the sidewalk going the other way as there
35 already is a sidewalk at this end. She then said that with the money the City saves on the
36 sidewalk project it should get together with Ramsey County and the School District to improve
37 pedestrian crossing.
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39 Mayor Linke commented that if you cannot get to a safe place to cross what good is the sidewalk.
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41 Council Member Gunn expressed her desire to bring in Ramsey County and the school board and
42 work together to deal with safety issues with that road because there is more to this than adding a
3 crosswalk on the other side.
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Mounds View City Council October 27, 2003
Regular Meeting Page 9
• 1 Council Member Quick suggested that Council should support the motion because this is only a
2 request for bids for next year to determine what the costs would be. He then said there are school
3 patrols down there to assist with crossing and there is nowhere for the kids to walk when the
4 snow is piled up in winter. He further commented that this sidewalk would not raise tax dollars
5 and the money is to be used for these sorts of things within the community.
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7 Council Member Stigney indicated he supports Council Member Marty's amendment as this was
8 discussed and resolved before to go ahead with the segment from Silver Lake Road to the
9 western City limits and that is what should be bid on. He then said that he also agrees with
1o Council Member Gunn that there is more to this than adding a sidewalk it is a matter of crossing
11 safety and the-City needs to work with parents, the school, and the County to get more striping or
12 flashing lights or something to make crossing safer.
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14 Mayor Linke indicated that all this Resolution would do is ask for bids.
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16 Council Member Stigney commented that as far as he is concerned this was decided and closed.
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18 Mike Maroni of 5045 Brighton Lane indicated he has been coming to these meetings for almost a
19 year now and keeps hearing the same things over and over. He then commented that Council
20 was told how much it would cost to go from one end to the other with the bridge but the issue is
,,~21 not a crosswalk on that side it is getting people safely across the street.
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23 Mr. Maroni indicated that Council was lied to when they were told that the County would redo
24 the streets and put in sidewalks because he spoke to Ken Haiser who told him that County Road
25 H2 is not scheduled for anything for at least 10 or 15 years. He was also told that the County is
26 receptive to options from the City for crosswalks and other crossing options. He further
27 commented that he would like something done and wants the City to follow up with the County
28 to improve crossing safety.
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3o Mr. Maroni commented that this is a crossing the street issue not a sidewalk issue. He then asked
31 how many kids had been hit crossing H in the last 10 years.
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33 Council Member Quick indicated the circumstances are different now as those students used to
34 be bussed and are now required to walk.
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36 Mr. Maroni offered to pitch in funds to pay for bussing the kids rather than using the money for
37 the golf course or the community center. He then said he would like something done with the
38 County and said he intends to follow up with them.
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4o Council Member Quick asked whom Staff spoke to at the County regarding the lights.
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42 Community Development Director Ericson indicated he had a recent conversation with Dan
~3 Solar, the Ramsey County Traffic Engineer with regard to enhancing the crosswalk area and the
4 County is receptive to hearing any ideas the City may have provided that the City is willing to
45 pay for it as the County is not.
Mounds View City Council October 27, 2003
Regular Meeting Page 10
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2 Steve Borden of 2009 County Road H indicated he has resigned himself to the fact that there will
3 be a sidewalk and he would like to know if the City is going to remove the snow from the walk.
4 He then asked if the City could provide a written guarantee that snow removal would continue
5 from the sidewalks so that the responsibility does not fall to residents that live along the
6 sidewalk.
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8 Council Member Quick indicated the City has been removing snow from sidewalks for the last
9 18 years and buys specific equipment to do so. He then explained that this Council could agree
10 never to stop clearing snow from sidewalks but the next Council would have the ability to change
11 that.
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13 Dave Stimson of 4945 Countryside Drive, Shoreview indicated that, as a School Board Member,
14 he encourages the City to go out for all the bids on County Road H because the School District
15 had to reduce the transportation budget and there are no plans to reinstall bussing even if the levy
16 passes. He then explained that the sun is blinding in the early morning and early afternoon and
17 that makes the situation even more dangerous.
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19 Jerry Blanski of 2933 Woodale Drive indicated he has no personal gain in this sidewalk only as a
20 concerned citizen for the City but he is here to say he is against the sidewalk. He then indicated
21 that not one Council Member was present at the June 10 information meeting and there was not
~2 one resident that was in favor of the sidewalk so the matter should have been dropped at that
23 time.
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25 Mr. Blanski indicated that bussing is the safest way to get the kids to the school not by adding a
26 sidewalk and he would never let a child of his walk two miles to school unattended in this day
27 and age.
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29 Mr. Blanski indicated that, if safety really is a concern, he has not heard any follow up on
30 alternatives other than for the City to say that the County is the problem. He then said he agreed
31 with Council Member Gunn that the City needs to work with the District and the County. He
32 further commented that traffic is the biggest problem and a second sidewalk is not going to
33 reduce the speed but blinking lights and a few radar patrolled signs followed up with some
34 speeding tickets may do so.
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36 Mr. Blanski indicated that there would be 33 additional driveways that would cross the sidewalk
37 and add that to the 12 in New Brighton there would be 45 driveway crossings and the 55 Alive
38 driving course indicates that a person should always park such that you can pull out forward
39 because going backward is an accident waiting to happen.
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41 Mr. Blanski indicated that one can and should train a child to cross at an intersection but cannot a
42 child to look at 45 driveways and assess and avoid the possible dangers. He then said that
~3 County Road I is wide open with very few residence driveways and those that there are have
x'44 turnarounds so that they can cross the sidewalk going forward but County Road H has a lot of
Mounds View City Council October 27, 2003
Regular Meeting Page 11
• 1 residence driveways and none of them have turnarounds not to mention that there are an
2 assortment of other obstructions including the sun.
4 Mr. Blanski indicated he had displayed an article at the last meeting on how the City felt the need
5 for a walk 8 years ago and a woman spoke at the last work session on how for three years nothing
6 has been done on County Road 10. He then said he agrees with the amendment because there is
7 a need for a sidewalk from Silver Lake Road to Knollwood.
9 Mr. Blanski indicated that a month ago he was driving north on H and there was a woman
10 pushing a stroller with two loose children just inches from traffic and there was also an older
11 woman with a cane and that situation to him is a loaded gun on a busy street with no sidewalk.
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13 Mr. Blanski commented that it is sad that of the $6.3 million asked for by the School District
14 they did not consider funding the buses so now residents have to pay for a levy, pay for a
15 sidewalk, and pay $200.00 to bus children because you cannot let them walk two miles
16 unattended. He then said that he feels that the Council should have gone as a group to request
17 bussing. He further commented that, if the levy is not passed, some schools will close and they
18 may close even if the levy passes, and he predicts those schools would be Sunnyside and
19 Edgewood as they are the smallest in the district and enrollment is down.
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21 Mr. Blanski commented that at the last meeting the former mayor suggested other funds and this
~2 is the same person that caused such embarrassment over money issues and others have said he
23 gives false statements.
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25 Mr. Blanski indicated he was embarrassed for the City when he played back the last work session
26 and he felt uneasy for City Administrator Ulrich and Council Member Quick tried to pull Council
27 Member Gunn into the mess and he commends her for not falling into the quicksand saying she
28 handled herself wisely. He then said he cannot believe that he saw the Mayor throw up his arms
29 and say he wanted the sidewalk, not the citizens want or need the sidewalk.
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31 Mr. Blanski indicated that County Road I is a County Road and Council Member Quick said the
32 City had issues there but worked with the County and was persistent and won. He then said that
33 this is not the proper time for this sidewalk due to budgets. He further commented that it is not
34 the best solution to address the safety issues and retail stores advertise buy one get one free and
35 he does not feel the City needs to buy a sidewalk when the majority of County Road H has a
36 sidewalk that is free.
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38 Council Member Quick clarified his comments on County Road I indicating that the City worked
39 with the County to keep the red light that was temporary. He then said that the City paid for both
4o sidewalks on the north and south side.
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42 Council Member Quick suggested that all the folks at the meeting with great ideas for the school
3 district take those ideas to the school board meeting and present them to the board.
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Mounds View City Council October 27, 2003
Regular Meeting Page 12
1 Mr. Blanski indicated that he did not say who paid for the sidewalk and only used words used by
2 Council.
4 Richard Sonterre of 5060 Red Oak Drive said that he takes offense to the accusations that
5 residents were lied to by the former mayor. He then said that anyone can check with
6 Commissioner Bennett's Office who had conferred with Dan Solar for the information that he
7 presented back at the August meeting. He offered further clarification by indicating he had said
8 that there were no plans for work for six or seven years but if the County did put in a sidewalk
9 residents would be assessed. He further commented that he did not make comments that
to guaranteed any timeframe or that a pathway would be included.
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12 Mr. Sonterre said he thinks it is important to look at whom the pathway would benefit and it
13 would be a regional benefit to all residents not just the residents that live along County Road H.
14 It would connect to the Ramsey County TCAAP project to the east and the Fridley, Rice Creek
15 pathway to the west. He then said that those that take the MTC bus walk in the traffic lane and
16 wait along side the road and they would benefit greatly from a sidewalk as there are 8 MTC bus
17 stops along that stretch.
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19 Mr. Sonterre indicated that this sidewalk would be a benefit to the taxpayers as the funding
20 sources do not increase residential taxes. He then said that as he stated earlier, if the County puts
21 in a path at a future date it would come at a cost to the taxpayers. The funds to be used now are
~22 TIF funds and this is exactly the type of project those funds are designated for so he does not
23 understand the angst over the expenditure.
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25 Mr. Sonterre indicated that Council Member Marty had recommended researching alternative
26 funding sources such as grants and he agrees with that but there are two requirements to
27 receiving grants. The first is that there is an approved project and the second is that there are
28 matching funds.
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3o Mr. Sonterre indicated that approval of the project would put Staff into a position to apply for
31 grants. He then said he would like to see consideration to help the residents along County Road
32 H such as the distance that the path is placed away from the road. He then said that there has
33 been talk that there is some flexibility with the location and there are property owners that would
34 benefit from having the path as close to the roadway as is possible.
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36 Mr. Sonterre asked Council to take a look at who supports and who opposes the sidewalk. He
37 then said that there has been only one individual that has nothing to gain or lose from the
38 sidewalk that has voiced an opinion against the sidewalk. The rest have come from those that
39 have a direct impact to their properly.
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41 Mr. Sonterre indicated that he is presently the legislative issues chair and Sunnyside PTA has
42 given him the approval to speak on their behalf and issue the opinion that they are in support of
3 this project and to remind you that the majority of students at Sunnyside reside in Mounds View
~4 as do the majority of PTA members.
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Mounds View City Council October 27, 2003
Regular Meeting Page 13
1 Kimberly Thompson of 5051 Longview indicated that she lives on the corner of County Road H
2 and supports Council Member Gunn and Council Member Marty looking for a bid from Silver
3 Lake Road to the western edge. She then said that there have been many issues brought up and
4 she does not appreciate the remarks made by Mr. Sonterre. She further commented that bicycles
5 do not belong on the sidewalk because that poses a safety issue for walkers and those that wait
6 for the bus wait in her front yard not down on the street.
8 Ms. Thompson indicated that there is the continual threat that the County will do something
9 "worse" if the City does not do it now and that is not true. She then said that she has been told
to by the County that the County does not do sidewalks, the City does.
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12 Ms. Thompson indicated that her final frustration is as a taxpayer in this City and having the
13 Council attempt to use TIF Funds for things it should not be used for. She then asked whether
14 Council was aware of approved uses for TIF funds. She further commented by listing things that
15 TIF can be used for such as reclamation of brown land and the repair and improvement of roads
16 or senior housing.
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18 Ms. Thompson commented that this sidewalk issue is dragging on forever and it should be
19 decided and closed. She then said that she has lived on County Road H for more than 17 years
20 and it is time to finish this issue and move on.
21
~2 Mr. Sonterre indicated that Cindy Anderson of 5101 Sunnyside Road had written a letter and
23 asked him to bring it to the meeting because she was unable to attend the meeting due to a death
24 in the family.
25
26 Mr. Sonterre read the letter from Cindy Anderson 5101 Sunnyside Road and the letter was
27 submitted to the City Administrator for the record.
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29 Council Member Quick clarified that the County does pathways not sidewalks.
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31 Mr. Sonterre commented that the County no longer builds sidewalks they call them pathways and
32 they are an 8-foot bituminous surface and that information was given to him by Commissioner
33 Bennett's office.
34
35 Council Member Marty read Mr. Sonterre's comments from the July 14, 2003 minutes
36 concerning this matter. He then indicated that David Tway could corroborate Mr. Maroni's
37 comments and confirm that county Road H is non-programmed through 2008 and there is no
38 redo of County Road H for at least 10 or 15 years. He further commented that the County is only
39 concerned with what is between the curbs and the County does not assess for pathways that is up
4o to the City.
41
42 Council Member Many indicated he also asked him about Silver Lake Road and the County will
3 be doing a mill and overlay next year and they have special plans to try and take out the humps
~4 by Woodcrest Park. He also indicated that Masaich referred him to Kathy Jaski who is the
45 project engineer for this project on Silver Lake Road and she told him that there is a possibility
Mounds View City Council October 27, 2003
Regular Meeting Page 14
1 that the County may pay a portion of that project, approximately 25%. He further commented
2 that this message was passed onto the City Administrator and Public Works Director Lee for
3 follow up.
4
5 Council Member Marty indicated he has had calls from a number of residents who stated that
6 schools may close if the referendum does not pass and, if it does not pass, there will be census
7 studies and focus groups to work on cuts and make a determination of what schools to close.
9 Council Member Marty indicated that he talked to the school resource officer and Police Chief
1o who agree that even if there was a sidewalk there they would still recommend that the kids cut
11 through the neighborhoods and that is due, in large part, to the volume of traffic on County Road
12 H. He then commented that Onan has shifts that coincide with school opening and release times
13 and the police are concerned with safety issues and prefer that the kids cut through the
14 neighborhoods and stay away from County Road H.
15
16 Council Member Many indicated that all grants were given out for 2003 and so the City should
17 start now looking at grants for 2004 so the opportunities are not missed.
18
19 Mr. Sonterre commented that it always pains him to agree with Council Member Marty but those
20 were his words as referenced in the minutes but he said he used "ifs" and "ors" and the
21 information was provided to him through Commissioner Bennett's office and that was received
~2 from Dan Solar which was presented to him as an "if' and there were no plans for at least 5 or 6
23 years. He then said that he hopes Council considers all three options this year and consider the
24 grants and asked Council Member Gunn to consider taking the lead with negotiations with the
25 County. He further commented that there has to be an approved project and matching funds to
26 obtain grants.
27
28 Kent Reed of 2833 County Road H indicated that he is concerned because there appears to be an
29 underlying feeling that building the sidewalk will keep everyone safe and that is not the case. He
3o then said he is not opposed to sidewalks but he is concerned because the real issue is getting kids
31 across the street and he would like to see this as an overall larger project to increase safety at the
32 schools.
33
34 Mr. Reed indicated that he used to live in Milwaukee and there was a similar situation and it was
35 resolved by using private consultants to research pedestrian and vehicle traffic and provide a
36 comprehensive plan that looks at the whole picture for safety. He then said he would like to see
37 the City spend a little bit of money on research the safety factors before spending $350,000 on a
38 stretch of sidewalk that will not improve safety.
39
4o MOTION/SECOND: Stigney/Quick. To Amend to Include a Separate Bid for the Segment from
41 Silver Lake Road to Knollwood.
42
~3 Council Member Quick asked for clarification as to whether it is the literal City limits or Pleasant
44 View.
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Mounds View City Council October 27, 2003
Regular Meeting Page 15
Council agreed that is the literal western City limits.
Ayes - 4 Nays - 1(Linke) Motion carried.
Ayes - 3 Nays - 2(Linke/Quick) Motion carried
Ayes - 4 Nays - 1(Linke) Motion carried.
Mayor Linke indicated that he is opposed because he thinks this is being shortsighted.
G. Resolution 6128, a Resolution Establishing Bond Requirements for
Contractors Working Within the City
This Item was removed from the agenda.
H. Consideration of Resolution 6127, a Resolution Establishing a Policy for
Deferral of Special Assessments by Senior Citizens or Disabled Persons
MOTION/SECOND: Gunn/Marty. To Waive the Reading and Approve Resolution 6127, a
Resolution Establishing a Policy for Deferral of Special Assessments by Senior Citizens or
Disabled Persons.
Council Member Stigney suggested looking into using the Medicaid card as someone with that
card has been income assessed.
Council Member Gunn suggested either or.
Finance Director Hansen suggested passing the Resolution as it is and look into the Medicaid
card alternative and bring it forward if necessary.
Ayes - 5 Nays - 0 Motion carried.
I. Public Hearing to Receive Public Input and Pass Upon Resolution 6125, a
Resolution Adopting a Special Assessment Levy for Diseased Tree Removals
Mayor Linke opened the public hearing at 9:06 p.m.
Finance Director Hansen indicated that four properties had diseased trees removed over the last
few years and the repayment terms are such that it will take a number of years to payoff and
assessing it to the property assures the City of collection.
Council Member Quick asked if the City can pass on any type of debt owed to the City to the
taxes or if there are limitations.
Mounds View City Council October 27, 2003
Regular Meeting Page 16
1 Finance Director Hansen indicated that the state allows cities to assess certain things but it is not
2 a blanket authority to assess just anything.
3
4 Mayor Linke closed the public hearing at 9:10 p.m.
5
6 MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6125, a
7 Resolution Adopting a Special Assessment Levy for Diseased Tree Removals.
8
9 Ayes - 5 Nays - 0 Motion carried.
10
11 J. Finance Department Quarterly Report
12
13 Finance Director Hansen provided a brief overview of his quarterly report for Council indicating
14 that he feels there will be a balanced budget at year-end.
15
16 Council Member Marty asked what the unused fund balance from the EDA for 2002 is.
17
18 Finance Director Hansen indicated the amount of the balance relates to the Edgewood pond
19 project and there is a timing issue in receiving state grants that were promised but did not come
20 in and that balance is $210,000.
21
~2 Council Member Marty asked whether the 475% for fire permits is a good thing.
23
24 Finance Director Hansen indicated the budget was $200.00 and the actual is $950 so that is 4.5
25 times the budget.
26
27 Council Member Marty asked where the transfer for miscellaneous revenue comes from.
28
29 Finance Director Hansen indicated that several different funds but this year from the vehicle and
30 equipment fund.
31
32 Council Member Marty commented that on the street light charges revenues the budget is
33 $81,250 and the City collected $49,500 and that is not close to meeting this years projections.
34
35 Finance Director Hansen indicated that it is a little closer than that number indicates because of a
36 timing issue in terms of when the rate increase went into effect.
37
38 Council Member Marty asked where revenues are now for the YMCA as it is budgeted for
39 $20,000.
40
41 Finance Director Hansen indicated that the City receives that information in January from the
42 YMCA.
3
4 Council thanked Staff for the report
45
Mounds View City Council October 27, 2003
Regular Meeting Page 17
• 1 K. Consider Settlement Agreement with Elegant Thymes Catering
2
3 City Administrator Ulrich updated Council on the contract situation with Elegant Thymes noting
4 that the City is projected to lose $30,000 in the banquet operation. He then reviewed with
5 Council the terms of the settlement agreement.
6
7 City Administrator Ulrich indicated that the Mermaid has agreed to pay $10,000 of the $20,000
8 cash settlement in exchange for managing the facility from 2003 through 2004 on an interim
9 basis until the City can enter into a more permanent contract.
10
11 City Administrator Ulrich indicated that the City has been unable to locate a contract for the
12 liquor portion of the banquet center and it appears as though no formal document was ever
13 executed so that part of the operation is operating without a contract.
14
15 City Administrator Ulrich indicated that Staff recommends moving forward with the settlement
16 agreement and accept the $10,000 from the Mermaid and that Staff be allowed to negotiate with
17 the Mermaid for the balance of 2003 and 2004 and the liquor license is open for discussion.
is
19 Council Member Stigney asked if the vendor is now bonded.
20
1 City Administrator Ulrich indicated they are insured but have not posted the required bond.
2
23 Council Member Stigney asked for clarification of whether they followed the City directive to be
24 bonded as per the contract.
25
26 City Administrator Ulrich indicated that no bond was provided.
27
28 Council Member Stigney asked if any litigation would be handled by the insurance carrier.
29
30 City Attorney Riggs indicated the League of Minnesota Cities would not cover it.
31
32 Council Member Stigney asked for an estimate of litigation costs.
33
34 City Attorney Riggs indicated the costs could easily go over the amount being discussed and
35 indicated that the City cannot recover litigation amounts if it wins the suit.
36
37 Council Member Marty asked what date the agreement was signed.
38
39 City Administrator Ulrich indicated that it was signed October 24, 2003.
40
41 Mayor Linke indicated the City would continue to pay Elegant Thymes $1,250 for November and
42 December then $1,500 for the first six months of 2004 and a cash payment of $20,000 so it looks
~3 like it would cost the City $31,500. He then asked for clarification on the settlement.
4
Mounds View City Council October 27, 2003
Regular Meeting Page 18
• 1 Mayor Linke indicated that he is concerned with the City entering into contracts and not allowing
2 time to follow through on them before breaking them. He further commented that it has only
3 been 10 months since this vendor began managing the banquet center and that is not enough time
4 to get things going. He then said he feels the City should take more time to really look into the
5 options over there before making a hasty decision.
6
7 City Administrator Ulrich indicated the dollar amounts are in consideration that the City is
8 terminating the contract early and an attempt to be fair to both parties as well as an attempt to
9 give the City an alternative to generate more revenue which he believes is possible.
10
11 Council Member Marty indicated he does not remember having discussions about a contract with
12 Roberts at a Council level and had assumed the liquor was contracted out.
13
14 Tom Hutchinson, attorney for Greg Waste, indicated that they believe there is a contract in force
15 that was in place with Greg's father and now the successor entity. He then said that even if there
16 is no paper contract there is an established contract through pattern and practice and his client
17 feels that he has contract rights with regard to the liquor portion of the vendor concession and
18 would maintain that contract needs to be held in place until the parties can finalize something in
19 the future.
20
21 Mr. Hutchinson indicated that he was pleased to hear the City Administrator say that Staff
~2 recommends an RFP after an interim period because Roberts has an interest in making a proposal
23 for the catering. He further commented that he and the City Attorney may disagree but he feels
24 the City is required to do an RFP.
25
26 Mr. Hutchinson indicated that it is Roberts' expectation that it will continue on as the liquor
27 vendor until something is established by the parties.
28
29 Mayor Linke said he does not see how a profit can be made when you take into account the costs
30 to get out of the contract along with the operating loss.
31
32 City Administrator Ulrich indicated that he believes the banquet center could go from losing
33 $37,000 this year to gross revenues in the range of $5,000 to $6,000 per month.
34
35 Economic Development Coordinator Backman estimated that it is doable to have 20 of the 30
36 days booked per month and they feel that by July of 2004 the City should be breaking even with
37 the costs being encountered.
38
39 Mayor Linke indicated he feels that 20 days is reasonable.
40
41 Council Member Marty asked whether the mermaid feels that 20 days is realistic.
42
3 Cindy Winegardner from the Mermaid indicated there would be a bit of lead time but they feel
~4 that they absolutely can book it 20 days per month.
45
Mounds View City Council October 27, 2003
Regular Meeting Page 19
• 1 Council Member Gunn asked where the liquor license came from.
2
3 Mr. Bradley indicated that they were told to use Roberts.
4
5 Mr. Bradley indicated that there was an event that the Mermaid and Donatellis could not help
6 with so the manager asked that Roberts assist with that event and that was December 31, 1999.
7
8 Council Member Stigney indicated the earlier proposed settlement was for less and he would
9 suggest going with that one rather than this one.
to
11 Council Member Marty indicated the previous settlement was also to take place starting in 2004
12 and this settlement takes into account that there is business that was booked by Elegant Thymes.
13
14 Council Member Stigney indicated that at the last meeting Mr. Bradley had agreed to the $10,000
15 but now has retracted from that.
16
17 Mr. Bradley explained that he has catering jobs that are for November/December/ January and
18 February and the new settlement amount takes that into consideration.
19
20 Council Member Stigney proposed terminating at the first of the year and going back to the
,~21 $10,000 settlement.
2
23 Scott Waste addressed Council and said that he does not think it is fair that the City pushes
24 Elegant Thymes out and gives the business to the Mermaid without going out for bids or giving
25 other vendors the opportunity to serve as an interim manager.
26
27 Mayor Linke indicated that the City will put out bids for beginning 2005.
28
29 Mr. Waste indicated that the next four months are the bread and butter of the catering business
3o and he thinks the City should go out for bids right away. He then asked whether anyone is
31 guaranteeing the estimates of $60,000 to $70,000.
32
33 Mayor Linke indicated the figures are based upon 20 days of rental per month and the City feels
34 that is doable.
35
36 Mr. Waste asked why he or other vendors was not allowed to make an offer to assist with the
37 payoff of this vendor to serve as the interim manager.
38
39 Mayor Linke indicated that, if Council terminates the agreement with Elegant Thymes, the City
4o needs someone to step in immediately and serve as interim manager and the Mermaid can do
41 that.
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~3 Mr. Waste asked why he, as a competitor, is not being given a chance to submit an offer to do the
4 work. He then asked when the RFP will be sent out.
45
Mounds View City Council October 27, 2003
Regular Meeting Page 20
1 Mayor Linke assured Mr. Waste that the City would be going out for RFP's but has not set a date
2 for doing so.
3
4 Mr. Waste suggested that the City may be jumping into a situation that has not been thoroughly
5 researched and it may cause even worse trouble for the City.
6
7 Council Member Many indicated that the City will be doing RFP's but right now the City has to
8 have a manager in place in the interim.
9
l0 MOTION/SECOND: Giuu1/Marty. To Approve the Settlement Agreement With Elegant
11 Thymes as Proposed.
12
13 Council Member Stigney indicated that the amounts were too steep for his blood.
14
15 Mayor Linke asked whether there is an agreement in place with the Mermaid should this pass.
16
17 Economic Development Coordinator Backman indicated that there is a draft copy of an
18 agreement with the Mermaid available.
19
20 City Attorney Riggs indicated that there would need to be an agreement in place and, if Council
1 authorizes Staff to do so, Staff could finalize the agreement.
2
23 Dan Hall from the Mermaid indicated that if the City and he could not come to an agreement he
24 would walk away.
25
26 Council Member Marty asked if it would be possible to call the work session meeting to order
27 November 3, 2002 to approve the agreement.
28
29 Council Member Stigney indicated other vendors should have the opportunity to make a
30 proposal.
31
32 Mayor Linke indicated this is an interim agreement of 14 months.
33
34 Council Member Stigney asked where the opportunity for anyone else to come forward is.
35
36 Mayor Linke indicated there would be opportunity when the City goes out for RFP's.
37
38 Council Member Stigney said he thinks the process is getting all muddied up.
39
4o City Administrator Ulrich clarified that if this contract is terminated and the interim contract
41 approved Council would be going out for RFP's for a long term contract of three to five years
42 and open it up for competition at that point.
3
4 Council Member Stigney indicated he thinks it is imperative, before the City buys into an
45 agreement that they have not even seen, that other people have the opportunity to provide a
Mounds View City Council October 27, 2003
Regular Meeting Page 21
• 1 proposal to the City. He then said he would like to issue the RFP's right away rather than
2 waiting.
4 Scott Waste indicated that he would be contacting Council because he thinks it is imperative to
5 open this up for competition.
6
7 Mr. Hutchinson indicated that Scott would like an RFP as soon as possible which he feels is
8 reasonable. He then said that there have been discussions with at least one party and he thinks it
9 would fulfill some due process if they could discuss the matter with Staff. He then pointed out
1o that Council was about to vote on a proposal that takes $10,000 of the Mermaid's money and
11 gives him the only opportunity to do the interim management and he thinks that is an unusual
12 arrangement for a City to accept private funding to buy out another contract and give it to that
13 entity as almost a reward for that contribution which he thinks is a quid pro quo and Council
14 ought to endorse an RFP at the earliest possible time.
15
16 Mr. Hutchinson indicated that the busiest season is always the holiday season and suggested
17 doing the RFP right now and allow the new vendor to take advantage of the holiday season. He
18 then said that he would encourage Council to give Mr. Waste the opportunity to present a
19 proposal for the interim rather than run the risk of impropriety. He further commented that he
20 does not question the motives but it seems to have the appearance that it is unusual and he would
21 recommend protecting the City by talking with others and moving to the RFP's as soon as
~2 possible.
23
24 Mayor Linke asked whether Council should table this for further information.
25
26 Mr. Hall commented that Mr. Hutchinson had made a very smooth threat. He then said that he
27 has been negotiating with the City on this matter and the $10,000 is to keep things clear and
28 separate as he does not commingle his work with anyone else's in an effort to preserve his
29 reputation and the reputation of his business.
30
31 Council Member Stigney suggested that Mr. Hall buy out Mr. Bradley to make this a clean break
32 rather than involving the City.
33
34 Mr. Hall indicated he is willing to help the City out and he is not the one that drove the bookings
35 down from 25 per month to 10 per month. He then said that he does not want to do anything
36 backwards he wants this nice and clean and up front so that the residents of Mounds View see
37 that nothing improper has been done.
38
39 MOTION/SECOND: Stigney/Gunn. To Postpone this Matter for Further Information to Know
4o where the City Stands Legally and Obtain Other Options.
41
42 Council Member Stigney asked City Attorney Riggs to look up whether there is discussion
~3 allowed on a postponing motion.
4
Mounds View City Council October 27, 2003
Regular Meeting Page 22
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City Attorney Riggs recommended that the City postpone the matter to allow time to research the
issues raised tonight.
City Administrator Ulrich agreed that further discussion with the City Attorney seemed
warranted.
Ayes - 4 Nays - 1(Quick) Motion carried.
Mr. Bradley asked for a time frame as to when this would be resolved because he is not
interested in playing games.
Mayor Linke indicated the matter would be discussed next week.
City Administrator Ulrich indicated the contract with Mr. Bradley would remain in place
10. APPROVAL OF MINUTES
A. City Council Minutes October 13, 2003
Council Member Marty asked that the Consent Agenda Items removed for discussion be labeled.
MOTION/SECOND: Gunn/Marty. To Approve the City Council Minutes for October 13, 2003
as Amended.
Ayes - 5 Nays - 0 Motion carried.
11. REPORTS
A. Reports of Mayor and Council
None.
B. Reports of Staff -Police Chief s Report on the Referendum
Chief Sommer made a presentation to Council concerning the referendum and explaining what
the police department does for the City and why it is important to hire more officers in Mounds
View.
Mayor Linke indicated it was the Council's decision to put the vote on the upcoming election so
that the citizens of Mounds View could determine if they want to pay higher taxes to increase
policing.
Mayor Linke indicated he received a letter from Brian Elder from Boy Scout Troup 367 asking
that the City put up signs encouraging people not to litter as it hurts the environment and animals.
Mounds View City Council October 27, 2003
Regular Meeting Page 23
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Mayor Linke asked Staff to draft a letter in response to him
C. Reports of City Attorney
None.
12. Next Council Work Session:
Next Council Meeting:
Monday, November 3, 2003
Monday, November 10, 2003
13. ADJOURNMENT
Mayor Linke adjourned the meeting at 10:20 p.m.
Transcribed and recorded by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.
•