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HomeMy WebLinkAboutMinutes - 2004/04/12PROCEEDINGS OF THE MOUNDS VIEW C T • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting Apri112, 2004 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 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, Apri112, 2004 City Council Agenda. Mayor Linke requested that Item 9G be placed at the end of Council Business because he would • be leaving chambers for the discussion. MOTION/SECOND: Marty/Gunn. To Approve the Monday, April 12, 2004 Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT William Werner of 2765 Sherwood Road asked whether just and correct claims were for expenditures that are already committed. Mayor Linke indicated that was correct. Mr. Werner asked who determines that each expenditure is necessary or justified. Mayor Linke indicated the administrator is the authority by the Charter and claims flow through the department heads and finance department. 6. SPECIAL ORDER OF BUSINESS A. Resolution of the Mounds View Independent School District, City of Arden • Hills, City of Mounds View, City of New Brighton, City of North Oaks, City Mounds View City Council April 12, 2004 Regular Meeting Page 2 • of Roseville, City of Shoreview, and City of Vadnais Heights Jointly Committed to Individual, Joint, Constructive, and Peaceful Responses to These Acts of Terrorism and Racism in our Communities. Community Development Director Ericson indicated this Resolution mirrors the one previously approved by Council and the other cities listed. Mayor Linke read the Resolution. MOTION/SECOND: Linke/Marty. To Approve the Resolution of the Mounds View Independent School District, City of Arden Hills, City of Mounds View, City of New Brighton, City of North Oaks, City of Roseville, City of Shoreview, and City of Vadnais Heights Jointly Committed to Individual, Joint, Constructive, and Peaceful Responses to These Acts of Terrorism and Racism in our Communities. Ayes - 5 Nays - 0 Motion carried. 7. JUST AND CORRECT CLAIMS A. Just and Correct Claims Council Member Marty indicated he had asked Finance Director Hansen to provide information • on a couple of items. He then asked for clarification on the wiper motor for $86.69 and then a partial return. Public Works Director Lee indicated the return amount is for the core fee for the old motor. Council Member Marty commented that since the City went with one exterminator the bills seem to be lower. Council Member Marty asked for information on the sewer service repair on Quincy Street. Public Works Director Lee explained that there was a major sewer break at that location and they had to call for help with correcting it. Council Member Marty asked whether the gas detector was for the water department. Public Works Director Lee indicated the City purchased two gas detectors that were budgeted for 2004 and they are used when going into a confined space to check what gases are in there. Council Member Stigney asked if there were other gas detectors. Public Works Director Lee indicated that these two replace the two that were about 10 years old. • Mounds View City Council Apri112, 2004 Regular Meeting Page 3 • Council Member Marty asked whether the City would be reimbursed for expenses for the Waldoch minor subdivision and Building N matters. Community Development Director Ericson indicated that it has been past practice to seek reimbursement when there are any expenses involved for the City. Mayor Linke commented that the City had to pay $4,000 to the state for a community water connection fee. He further commented that it is an unfunded mandate by the legislature that the City has to pay for. MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for 7:05 p.m., Monday, Apri126, 2004, to Consider the First Reading and Introduction of Ordinance 733, an Ordinance Amending the Zoning Code Relating to Outdoor Temporary Sales C. Resolution 6221 Authorizing the Purchase of a Stalker Radar Unit Utilizing Safe and Sober Grant Funds and Forfeiture Funds • D. Set a Public Hearing for 7:10 p.m., Monday, Apri126, 20004 to Consider Resolution 6225 Approving an Off-Sale Intoxicating Liquor License for Sid's Discount Liquors Located at 2577 West Highway 10 E. Resolution 6222 Approving of the Acquisition of Tax Forfeited Property on County Road H2 in Mounds View (Lot 36, Knollwood Park) from Ramsey county F. Resolution No. 6223 Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for the Hidden Hollow Street and Utility Installation Project G. Resolution No. 6224 Approving the Purchase of Items Associated with the 2004 Parks Improvement Project H. Set a Public Hearing for 7:15 p.m., Monday, Apri126, 2004, to Consider the First Reading and Introduction of Ordinance 735, an Ordinance Amending the Zoning Code Relating to Temporary Tents and Membrane Structures in CommerciaVIndustrial Districts I. Resolution No. 6220 Approving the Contract for Golf Professional Services Council Member Marty requested that item 8F be removed for discussion. Council Member Gunn requested that item 8D be removed for discussion. • MOTION/SECOND: Quick/Stigney. To Approve Consent Agenda Items A, B, C, E, G, H, and I as Presented. Mounds View City Council April 12, 2004 Regular Meeting Page 4 • Ayes - 5 Nays - 0 Motion carried. D. Set a Public Hearing for 7:10 p.m., Monday, Apri126, 2004 to Consider Resolution 6225 Approving an Off Sale Intoxicating Liquor License for Sid's Discount Liquors Council Member Gunn asked whether the background investigations have been completed. Community Development Director Ericson indicated that the background investigation is in process and will be completed by the time of the public hearing. MOTION/SECOND: Gunn/Quick. To Approve Consent Agenda Item D as Presented. Ayes - 5 Nays - 0 Motion carried. F. Resolution 6223 Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for the Hidden Hollow Street and Utility Installation Project Council Member Marty indicated that at the time that this Staff report was given to Council the developer had not executed a petition for public improvement and he does not feel that Council should take any further action until they have. Community Development Director Ericson indicated the petition and waiver of assessment has been drafted and reviewed by the City Attorney and the development team and there appear to be no issues with it. He further commented that the developer has every intention of moving forward and will be responsible for all fees associated with this. Council Member Marty said he feels this is premature and he would prefer to have the executed petition before Council acts. Council Member Stigney pointed out that the approval is contingent upon Procraft submitting the executed petition for public improvement. City Attorney Riggs indicated that he feels it would be appropriate to act on the Resolution because there is a contingency written in to it. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Items as Presented. Ayes - 5 Nays - 0 Motion carried. • Mounds View City Council Apri112, 2004 Regular Meeting Page 5 9. COUNCIL BUSINESS A. Public Hearing for a PUD Amendment Request to Add Religious Institution as a Permitted Use on the Building N Parcel. Mayor Linke opened the public hearing at 7:21 p.m. Planner Prososki indicated that Bethlehem Baptist Church has requested an amendment to allow a church in Building N. She then indicated that Staff did further research into the tax base and TIF district concerns and found that the City will lose $5,224 in administrative fees, $981.00 which is the City's share of the tax base, and $24,186 which is the difference between the base tax and the designated base for a total of $30,391 per year using today's figures. Planner Prososki indicated that the Church's elders have approved a $25,000 annual service project fund that the City and the Church would work together to agree how the funds are used and they are considering paying the $5,224 in administrative fees. In addition to those concerns, there were concerns that the Church and the City may not find items that they agree upon so the Church drafted a list of examples of things they are willing to fund. Planner Prososki indicated that the Church put together information in response to the loss of jobs and weekday traffic. She then indicated the City received five letters in support of the Church after the packets went out and those were placed in Council mailboxes. She further • indicated that there were comments from in and around the business park in opposition because they felt it would be more beneficial to have businesses with employees to benefit their businesses. Planner Prososki indicated that the Planning Commission recommended approval from a land use perspective. Theresa Cermak from the Mounds View McDonalds indicated that McDonalds would be very happy to see the Church come to Mounds View as it would be great for their business and they feel the Church would be an asset to the community. Jane Richter indicated that she and her husband Dennis have been in Mounds View for 27 years and she has taught at Pinewood and Edgewood for 30 years and they have been members of Bethlehem Baptist Church for 20 years. She then said that she and her husband are committed to this community and would like to see Bethlehem come. Ms. Richter indicated that she knows residents are fiscally conservative and she is glad the Council is considering the financial aspect of this but there are so many things that the Church can do for the community. Ms. Richter indicated that the Church will reach out to the community and provide caring • supportive adults to help kids. She further indicated that Bethlehem has been very involved in Mounds View City Council April 12, 2004 Regular Meeting Page 6 • its current location providing numerous outreach programs to assist adults and kids and they will do that in Mounds View. Ms. Richter indicated that she feels the long term social impact will improve the financial picture as well. John Copas from Abbey Carpet indicated he spoke with Dan from the Mermaid and the Boyscouts and Three Season Porch and they are all in favor of having the Church approved. He then said he has to agree with Ms. Richter because he is very involved with North Heights Lutheran and St. Andrew Lutheran Church and he sees all the benefits the churches can give. He further commented that he has an employee who goes to Bethlehem and they have wonderful programs that are more important to the community than the money value. Mr. Lawson from the Baptist Conference provided information on the Church and said he feels this Church could really benefit the Community with its outreach programs and donations to various community organizations. Mr. Lawson said that in the bigger picture of government churches have been a tax free facility use and that has been a privilege of religious organizations but they have no intention of muscling in on that and are willing to pay for services but, there is a purpose and it is because the church creates a positive impact to those communities that they are in. • Kenny Stokes, Pastor at Bethlehem Baptist asked Council to consider the broader good that the Church can do for the community and not merely the economic good. Mr. Stokes said that he feels that the proposal to establish a second congregation in Mounds View would benefit the community spiritually and socially. He then said that Mounds View is under serviced as far as churches go because Ramsey County has one church for every 980 persons and Mounds View has 50% fewer churches. Mr. Stokes commented that the social benefit and spiritual benefits should outweigh the economic considerations. He then reminded Council that the anniversary of Columbine is coming up and Columbine was an affluent community. He further commented that the Church actively seeks ways to assist people in the community they are in and would do that in this community. Paul Settman commented that the strength of a City is its moral fabric and bringing this Church to the City would improve its moral fabric. He then said that Bethlehem is a church that is involved with its community and it actively seeks to find ways to help. Mr. Settman indicated he was told one of the policeman went to the middle school on a parent teacher get together to show things that are found in school. He then said that the parents were shocked but it is a fact of life whether you are in the city or the suburbs. He further commented • that he strongly supports Bethlehem coming to Mounds View and he believes that the Church can help the City and the schools deal with the issues facing them. Mounds View City Council April 12, 2004 Regular Meeting Page 7 • Mr. Settman indicated that he is a businessman and he believes it would be a good business move to have Bethlehem come to the City. Mayor Linke indicated he had worked with Mr. Settman on a building in Monticello in the past. John Grahno indicated he lives in New Brighton and has children at Irondale High School. He then read a top l O list of economic reasons to have Bethlehem come to the City. Those include 250,000 visits to the downtown facility last week, a $5.6 million dollar investment in an unfinished under utilized building and another $2.5 million for future improvements; Wednesday evening meal and the building would not have a kitchen in the beginning so the meal would need to be catered by local establishments; weddings; $20,000 to $25,000 in building permit fees; the $25,000 project service fund every year; and the TIF administration fee. He further commented that they are willing to negotiate because they feel that God has called them to this place and they want to be a partner with the City in the community. Mr. Grahno indicated he feels this is a win win for the City because, if they fail, the City gets all the improvements to a building that someone else could come into and the Church has brought it back onto the tax roles earlier than it would have been. Mayor Linke asked if there is a north campus now. • Mr. Grahno indicated that 800 to 1,000 members are meeting at Northwestern College. Council Member Quick asked where the parishioners come from. Mr. Grahno indicated that they are spread out but a large number come from the 35W/610 and that is almost the epicenter. Jackie Madsen indicated she has lived in the City for 24 years and there has not been a lot of outreach from the local churches. She then said that based on information received from Bethlehem that they are very involved in the community and this community needs a Church that ministers to the Community the way that Bethlehem does. She further commented that she has seen business growth in Mounds View and now it is time to welcome a new place of worship. Greg Sole, an attorney and member of the Church, addressed Council and asked them to consider the request from purely a planning standpoint not an economic one. He then commented that the Church is tax exempt but has offered payments for services and a fund to use for programs within the City but does not want to sign a contract as that would jeopardize future churches and their tax exempt status. Mr. Sole suggested that the Planning Commission reports and findings have all been positive based on zoning and land use perspectives and he asked Council to consider the zoning and not • the economics of their request. Mounds View City Council April 12, 2004 Regular Meeting Page 8 • Mayor Linke indicated the reason things changed is because Council asked various questions of Staff in terms of the economic impact to the City should the Church come in. He then said that, as elected officials, it is Council responsibility to consider all aspects of any request. Planner Prososki clarified that Staff does not feel that the Church would have a negative impact on the surrounding uses but it is dissimilar to the surrounding uses and it is slated for light industrial on the Comprehensive Plan. Mr. Sole commented that the Church meets all the requirements of the CUP analysis and the planning facts find no adverse impacts. Mr. Sole asked where, in a residential district, the City would put the number of vehicles and the size building that this Church requires. Mayor Linke indicated the Comprehensive Plan dictates everything the City does. City Attorney Riggs indicated the Comprehensive Plan supersedes the zoning in the City by state law. Steve Chirhart indicated that he is a real estate broker and one of several that has been searching for a site for the Church but it has been difficult to find a six acre parcel for the Church. He then said that this site is light industrial but the market for industrial is a very difficult market due to • outsourcing and he feels the Church is a good use for this building because it is likely that the City could not find an industrial use for the property. Tim Johnson, an Elder at Bethlehem from New Brighton indicated he has five children in Irondale and he is a business owner. He then said that if he were faced with this he would argue for the Church because the Church is a good neighbor reducing crime and doing outreach with adults and children in the area. It also makes better people and stronger families for him to hire as employees. He further commented that the two properties immediately adjacent to this site are in support of the Church. Dan Holst commented that one of the under riding values of the Church is that proximity implies accountability to the neighborhood and they weigh that heavily. He then said that he moved his family from the country to the City to be a part of urban ministry and they will look to move to Mounds View if the Church is approved along with others who want to be in the Community because of the strong Church community. Sam Crabtree clarified that the Church offered the $25,000 project fund when the tax loss was thought to be $5,000 and they are willing to renegotiate the project fund amount but want to stay out of the entanglement issue with taxing churches. Mayor Linke closed the public hearing at 8:12 p.m. • Mounds View City Council April 12, 2004 Regular Meeting Page 9 • MOTION/SECOND: Gunn/Quick. To Approve the PUD Amendment and Direct Staff to Draft a Resolution of Approval for the Next Council Meeting and to Direct Staff to Negotiate the Financials with the Church Officials and Determine the Use for the Remainder of the Building as Well as Details of how the Church will Serve the Community. Ayes - 4 Nays -1(Stigney) Motion carried. Mayor Linke commented he was leaning toward no when the meeting began but is impressed with how the Church presented the intangible items that they can do for the betterment of the community. B. Public Hearing, Second Reading and Adoption of Ordinance 732, an Ordinance Authorizing the Transfer of Real Property from the City of Mounds View to the Mounds View Economic Development Authority. Mayor Linke opened the public hearing at 8:15 p.m. Council Member Many indicated he would like to be sure that the City's costs are built into the sale. Community Development Director Ericson indicated that the City's costs would be recovered and commented that this transaction has a $1.00 cost associated with it. City Attorney Riggs indicated that the EDA previously approved the acquisition of Lot 36 so that can be removed from the Ordinance. MOTION/SECOND: Marry/Gunn. To Waive the Reading, Approve the Second Reading and Adoption of Ordinance 732, an Ordinance Authorizing the Transfer of Real Property from the City of Mounds View to the Mounds View Economic Development Authority as Amended. ROLL CALL: Linke/Gunn/Stigney/Marty/Quick. Ayes - 5 Nays - 0 Motion carried. Mayor Linke closed the public hearing at 8:18 p.m. C. Resolution 6219 Approval of a Bobcat Sludsteer Golf Course Manager Berg appeared before Council with a Resolution asking Council to consider a bobcat for the golf course as it would be a labor saving piece of equipment and could eliminate work injury. She then indicated she has received an offer for the Kubota tractor of $10,600 and that would leave $12,936 for the bobcat. • MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6219, a Resolution Approving the Purchase of a Bobcat Skidsteer. Mounds View City Council Apri112, 2004 Regular Meeting Page 10 • • Council Member Stigney indicated that the golf course has not had a skidsteer and he wonders why one is essential now. Golf Course Manager Berg indicated that the golf course has borrowed the bobcat from public works but it is not always available. She then said that the skidsteer is able to do a lot of tasks that are now done manually. Council Member Stigney asked who is buying the tractor. Golf Course Manager Berg indicated that the White Bear Yacht Club is interested in purchasing it. Council Member Stigney commented that the golf course is running at a deficit and has since it started and has never used this equipment so he feels Staff should look at ways of curtailing expenses rather than spending money. Golf Course Manager Berg indicated she believes the labor to be saved justifies the cost. Council Member Stigney asked if Staff has done an analysis. Golf Course Manager Berg indicated she has not done an hour per hour analysis of cost savings. Council Member Many indicated he discussed this with Public Works Director Lee and Golf Course Manager Berg and they both feel that the bobcat would be more beneficial than two tractors. He then commented he was told that the Staff at the golf course has to move 7 tons of fertilizer by hand and he thinks this bobcat could help reduce the chance of workers compensation claims due to injury. Council Member Stigney commented that the tractor was purchased in 1998 and they would have had the option of a bobcat at that time but said it was prudent to purchase a new tractor. Golf Course Manager Berg indicated that if there were not so many implements for the tractor she would recommend selling it but it would be more expensive to buy implements. Council Member Quick commented that he is aware of how valuable these machines are in the construction business. Ayes - 4 Nays -1(Stigney) Motion carried. D. Resolution 6215 Approving Transfers Between Funds for the Year 2003. • MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6215, a Resolution Approving Transfers Between Funds for the Year 2003. Mounds View City Council Apri112, 2004 Regular Meeting Page 11 • Council Member Gunn commented that this brings the amount down to the limit of what the auditor will approve. Finance Director Hansen indicated the Office of the State Auditor recommends a 30% to 50% of next year's budget and this would leave just above 50%. Council Member Marty commented that there is a transfer of $148,795 from TIF to the general fund and then transferring from the Community Fund to TIF District One. Finance Director Hansen indicated that in working with the auditor it was determined that he made a mistake in the December tax settlement allocated to TIF District One and this is a correction for that having a ripple effect through four funds. Council Member Quick asked why the City needs to have 50% of the annual budget in the general fund. Finance Director Hansen indicated that 80% of the general fund revenues for the year come in the form of property tax settlement and payment of aids from Minnesota and that is received in July and December so the City needs a bank balance to work through July. Council Member Quick asked what happens if the City does not have that money. • Finance Director Hansen indicated the City would have to utilize short-term borrowing and that is expensive and not looked upon very highly in the financial market. Council Member Stigney asked if the City could get by with 30% in reserves. Finance Director Hansen indicated that the May/June cycle would have a deficit if the City went with a 30% fund balance. Ayes - 5 Nays - 0 Motion carried. E. Resolution 6216 Approving Inter-Fund Loans for the Year 2003 and Setting an Interest Rate on Inter-Fund Loans for the Year 2004. Council Member Marty asked whether SEH ever straightened out the MSA allotment. Finance Director Hansen indicated he had explained to Council Member Marty that he has never been satisfied that SEH straightened out the account with the state of Minnesota and has never received information from SEH as to whether anything was missed. He then said that an MSA account should not run a deficit and this one has for the last two years. MOTION/SECOND: Marty/Gunn. To Direct Staff to Contact SEH For the Facts and Figures for An Analysis. • Mounds View City Council Apri112, 2004 Regular Meeting Page 12 • Ayes - 5 Nays - 0 Motion carried. Council Member Stigney commented that it looks like the golf course is switching the loans to the community fund and he wanted to point out there is another loan to the golf course and he hopes the Staff is looking at alternatives to this ongoing debt. Mayor Linke clarified that there is an additional $300,000 to the loans that were already issued to the golf course for a total of $1.3 million. F. Consideration of Charter Commission Recommendation to Amend Section 4.02 Filing for Office. r~ Community Development Director Ericson indicated he attended the Charter Commission meeting last week and the Charter Commission is recommending that Council consider Resolution 2004-0' recommending certain language changes to Section 4.02. He then said that the Charter Commission would be happy to look into the fees if Council directs them to do so. Council Member Quick asked for a recess. Council recessed at 8:37 p.m. Council reconvened at 8:46 p.m. MOTION/SECOND: Marty/Stigney. To Approve the Language as Presented and Direct Staff to Bring Forward an Ordinance for Consideration. Ayes - 5 Nays - 0 Motion carried. • Mayor Linke read language that he is proposing be added concerning the filing fees. Council Member Stigney said he thinks the City should follow state statute and that is $5.00. He then said that he does not want to limit the people that can run. Mayor Linke commented that the $20.00 was a misunderstanding by the former Clerk Administrator in talking to someone at the County that has nothing to do with the filing fee. Council Member Quick indicated that the reason the fee was increased was to keep frivolous people from running and he does not feel that $25.00 is out of line. Johnathon Thomas, Chair of the Charter Commission thanked Council for getting this underway and asked them to look into the other issues brought forward by the Charter Commission. MOTION/SECOND: Linke/Quick. To Suggest that the Charter Commission Review the Section on Filing Fees. Mounds View City Council Apri112, 2004 Regular Meeting Page 13 • Ayes - 5 Nays - 0 Motion carried. Mayor Linke indicated that Staff is looking back on the other issues and, if unable to find them, will ask the Commission to bring them back for action. G. Consideration of Request from Innovative Images Marketing and Management LLC for a Settlement Conference. Mayor Linke turned the meeting over to Acting Mayor Marty and then left Council Chambers. Council Member Marty indicated the City Attorney provided a report on the matter and he felt the report had a lot of valid points.. City Attorney Riggs offered to answer questions but said his recommendation is that he thinks if it is going to move forward it is wise to consider this and get some appropriate guidance from the Attorney General. Council Member Stigney asked what it meant when the Attorney said "if this is to go forward." City Attorney Riggs indicated that before even dealing with the merits this is a situation that there are previous Attorney General opinions. He then said that it is not a bad idea to have the opinion of the Attorney General behind Council one way or another because if there is truly a conflict it is a situation that Council cannot deal with it. He further commented that this is in such a gray area it would be appropriate to seek an opinion. Council Member Gunn asked whether part of the problem is that Mr. Linke claims that the contract is still in existence and he as Vice President of this company then there is a conflict with him being Mayor and the City having a contract with him. Council Member Quick commented that the City terminated the contract. There was consent to ask for an Attorney General's opinion. MOTION/SECOND: Gunn/Marty. To Direct Staff to Send this Item Out to the Attorney General for an Opinion. Council Member Stigney asked for clarification. City Attorney Riggs indicated the City would be requesting an opinion based on the questions set forth in the report and the question of if and can the Council settle this issue with a sitting Council Member. Ayes - 4 Nays - 0 Motion carried. • Mounds View City Council April 12, 2004 Regular Meeting Page 14 • H. Resolution 6226 Authorizing the Hire of Charles Preisler to the Position of Intern in the Community Development Department. MOTION/SECOND: Quick/Gunn. To Approve Resolution 6226, a Resolution Authorizing the Hire of Charles Preisler to the Position of Intern in the Community Development Department. Council Member Stigney asked that Resolution 6226 be read. Mayor Linke read Resolution 6226. Ayes - 5 Nays - 0 Motion carried. I. Resolution 6228 Authorizing the Adoption of the Vantagecare Retirement Health Savings Program. Finance Director Hansen reviewed with Council the Vantagecare Retirement Health Savings Program. Council Member Marty indicated that he did not think that matching contributions on behalf of the City is a good idea. Finance Director Hansen indicated that Council can control what is agreed to with the personnel • policy and labor contracts but there are various things available under the plan. Council Member Gunn asked whether there is a cap on how much employees can put in and when they draw it out and what happens if the employee is terminated or quits. Finance Director Hansen indicated that the money goes with them but they cannot contribute any more to it unless they go to an employer that has the same program and they cannot use the money until retirement. Council Member Stigney commented that he is surprised that Staff has brought a Resolution at this point in time because he thought Staff was going to weigh this with health reimbursement plans and there are other options out there. Finance Director Hansen indicated this plan is fairly simple and straightforward and health reimbursement is much more complicated and he has not had time to delve into it. Council Member Stigney indicated that he would like the City to conduct further research in to the programs available before approving this. Finance Director Hansen indicated that going forward with this would not preclude the City from doing a health reimbursement plan because this plan is for after an employee retires. • Mounds View City Council Apri112, 2004 Regular Meeting Page 15 Finance Director Hansen indicated that this Resolution formalizes the agreement to have ICMA administrate the plan but no one would be able to contribute to it until Council approves it through the personnel manual and labor contracts. Council Member Quick asked whether this would affect the contract negotiations in any way. City Administrator Ulrich indicated it allows other options to include with the contract when talking about sick leave severance with some unions. He then said that this could be an option to sick leave severance payments. Council Member Stigney asked what this compares to. Finance Director Hansen indicated the only other plan available is through the state of Minnesota but that plan is much more restrictive as an entire group of employees would be required to contribute and this plan allows for individuals to make their own choice. Council Member Stigney asked what other cities already use this plan. He then indicated he would like to know who is using this. Finance Director Hansen agreed to obtain the information for Council. MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6228, a • Resolution Authorizing the Adoption of the Vantagecare Retirement Health Savings Program. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney abstained from voting. J. First Reading and Introduction of Ordinance 734, an Ordinance Amending Chapter 513 Pertaining to Adult Oriented Businesses. Community Development Director Ericson indicated that the only change made from the work session was a change in the fee from $500 to $2,500 as recommended by Kennedy and Graven that the City's fee may be too low. Council Member Stigney asked why the fee is restricted to $2,500. Director Ericson commented that the higher the fee the more apt it is to be challenged and the fee needs to be reasonable. Council Member Stigney asked if the $2,500 is the most practical that the City should be charging at this time. • Director Ericson said he feels this is a fee that the City can justify at this time. Mounds View City Council Apri112, 2004 Regular Meeting Page 16 • Council Member Quick commented that the fee could be adjusted annually if a business in town is utilizing resources and the fee is not high enough. Council Member Stigney asked what the average cost was. Director Ericson indicated that one City had a fee of $50.00 a few had no fee, the median was $5,000 and the high end was $10,000. Council Member Stigney commented that he thinks the fee should be $5000. Mayor Linke indicated he supports the Staff recommendation. Council Member Stigney asked whether Staff could justify $3,500. Director Ericson indicated it would be his recommendation to start out on the lower end and if the City gets a business that involves a significant outlay of city services adjust the fee at that time. MOTION/SECOND: Stigney/Quick. To Waive the Reading, Introduce the First Reading and Approve Ordinance 734, an Ordinance Amending Chapter 513 Pertaining to Adult Oriented Businesses with an Amended Fee of $5,000. • Council Member Gunn indicated she is not opposed to the $5,000 but is not opposed to the $2,500 either. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. City Council Minutes March 22, 2004 Council Member Marty requested the following changes: On Page 5, Line 36 insert "a" before part time. On Page 7, Line 8 insert the word "more". MOTION/SECOND: Marry/Stigney. To Approve the City Council Minutes for March 22, 2004 as Amended. Ayes - 5 Nays - 0 Motion carried. B. Special City Council Meeting, March 29, 2004 Council Member Marty requested the following change: On Line 41: The month of May needs to be capitalized. Mounds View City Council Apri112, 2004 Regular Meeting Page 17 . MOTION/SECOND: Marty/Gunn. To Approve the Special City Council Meeting Minutes of March 29, 2004 as Amended. Ayes - 5 Nays - 0 Motion carried. C. Executive Session Minutes, March 29, 2004 MOTION/SECOND: Marty/Stigney. To Approve the Executive Session Minutes of March 29, 2004 as Presented. Ayes - S Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Marty indicated he had residents asking him about garbage pick up and Public Works Director Lee informed him that it would be before Council at the next work session for discussion. Council Member Marty indicated the Festival in the Park golf tournament is scheduled for Saturday, August 14, 2004 at the Bridges Golf Course. Council Member Gunn wished the Irondale Drumline and Color Guard good luck in San Diego, California at the WGI World Competition. B. Staff 1. Golf Course Quarterly Report Golf Course Manager Berg reviewed her report with Council indicating that their biggest priority is to get the golf course operating in the black. Mayor Linke asked for a breakdown of golf course costs and debt service amounts. Golf Course Manager Berg indicated she would provide that information. Golf Course Manager Berg indicated that the City Inspector found some code issues with the electrical and those items have been corrected. She then said that the electrician found that the main wire coming in was very hot to the touch and was incorrectly installed and becoming brittle. Golf Course Manager Berg indicated that the food court has been moved to the club house to make it more accessible to golfers. • Golf Course Manager Berg reviewed the marketing the course intends to do this season. Mounds View City Council Apri112, 2004 Regular Meeting Page 18 • Council Member Marty asked if Staff has contacted Rice Creek about the wetlands to see if their original offer is still on the table. Golf Course Manager Berg indicated she would look in some of the files for information at the golf course to find the specifics and that is a priority on her list of things to look at. Council Member Many commented that at the very least, the City could get some mitigation points if they can control more water. Golf Course Manager Berg indicated that the new golf course is opening its putting course May 1, 2004 and the driving range if it is ready. She then said that the 9 hole course is opening June 15, 2004 and they have not begun seeding on the second 9 holes but anticipate an October opening. She further commented that the fee for 9 holes for adults is $23.00 and kids pay their age. Golf Course Manager Berg indicated that it is supposed to be the third longest golf course in the state. Golf Course Manager Berg indicated that the cost for an adult will prevent some adults from playing but they may drop their kids off to play and there is a need for leagues for kids. • Council Member Stigney indicated he did not get a budget summary. Golf Course Manager Berg indicated they were to have been scanned in and said she would provide copies. Council Member Stigney asked if there is any indication when the City may get a response on the billboards. Director Ericson indicated there is no indication. Council Member Stigney asked whether Mr. Manthis received any information at the seminar he attended as to ways to improve the course management. Golf Course Manager Berg indicated she would ask for further information on what he got and report back C. City Attorney 1. Park Dedication Fee Opinion MOTION/SECOND: Linke/Marty. To Direct Staff to Make the Changes Recommended to Chapter 1204. • Ayes - 5 Nays - 0 Motion carried. Mounds View City Council Apri112, 2004 Regular Meeting Page 19 12. Next Council Work Session: Monday, May 3, 2004 Next Council Meeting: Monday, Apri126, 2004 13. ADJOURNMENT Mayor Linke adjourned the meeting at 9:45 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. • •