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Date: 22-63
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CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
Monday, January 27, 2003
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn
3. APPROVAL OF AGENDA
4. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give
your full name and address for the minutes. Also, please limit your comments to
three minutes.
5. SPECIAL ORDER OF BUSINESS
A. Presentation by Senator Don Betzold and Representative Connie Bernardy
B. Resolution 5921, a Resolution of Appreciation for Rich Sonterre (presented on day of
meeting)
C. Resolution 5922, a Resolution of Appreciation for Barbara Thomas (presented on day of
meeting)
D. Resolution 5907, a Resolution of Appreciation for Carol Mueller
E. Resolution 5938, a Resolution of Appreciation for Tim Brennan
F. Resolution 5933, a Resolution Appointing Michael Schnur to Fill a Vacancy in the Water
Division of Public Works
6. JUST AND CORRECT CLAIMS
7. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 5934 Approving the Acceptance and Final Payment of the Edgewood Middle
School Regional Pond
8. COUNCIL BUSINESS
A. Resolution 5935 Approving a Supplemental Letter Agreement with SEH for work
associated with the City Hall Rehabilitation Project
B. Resolution 5936 Approving a Supplemental Letter Agreement with SEH for work
associated with the County Road H Pathway Project from Edgewood Drive to the Western
City Limits
C. Resolution 5909 Authorizing a Contract with Sprint for Long Distance Telephone Services
D. Resolution 5937 Adopting the 2003 Capital Projects Funds Budgets
E. Consideration of Ordinance 709, an Emergency Interim Ordinance Regulating the
Presence and Siting of Pawn Shops and Related Establishments within the City of
Mounds View
F. Resolution 5927 Authorizing the Purchase of Audio Equipment for the Banquet Center
G. Finance Department Quarterly Report
Mounds View City Council
Meeting Agenda
January 27, 2003
Page 2
9. REPORTS
10. APPROVAL OF MINUTES
A. January 13, 2003, City Council Meeting
B. January 6, 2003, Special City Council Meeting
C. December 30, 2002, City Council Meeting
11. Next Council Work Session: Monday, February 3, 2003
Next Council Meeting: Monday, February 10, 2003
12. ADJOURNMENT
Item 05E
Meeting Date: 1/27/03
Type of Business: Special
RESOLUTION NO. 5938
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO TIM BRENNAN
WHEREAS, Deputy Chief Tim Brennan was appointed the Interim Chief
of Police effective August 21, 2001, to serve until the City Council filled the
police chief vacancy; and,
WHEREAS, Deputy Chief Brennan served as Mounds View’s Interim
Chief of Police for 18 months; and
WHEREAS, during that period, Deputy Chief Brennan served the City to
the best of his judgment and ability and was able to accomplish many
tasks and projects at the direction of the City Council and on his own
initiative, including the revision of ordinances and departmental polices;
and,
WHEREAS, during that period of time, Deputy Chief Brennan was
instrumental in the application and receipt of grants and reimbursements
for police equipment and training all to the benefit of the department and
the community.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council,
on behalf of the residents of Mounds View, expresses its appreciation to
Deputy Chief Tim Brennan for his dedicated service to the City.
Adopted this 27th day of January, 2003.
ATTEST:
Jerry Linke, Mayor
Councilmember Quick Councilmember Stigney
Councilmember Gunn Councilmember Marty
James Ericson,
Interim City Clerk / Administrator
Item No. 5F
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution No. 5933 appointing Michael Schnur to a
vacancy in the Water Division of the Public Works
Meeting Date: January 27, 2003
Background
On March 11, 2002, a Public Works employee resigned his position with the City.
On August 12, 2002 the Mounds View City Council requested that the Public
Works Department review the current staffing levels and quantify impacts on
service in the event there is a reduction in these levels. This information was
presented to Council on September 3, 2002. As a result, Council granted
authorization to advertise for the vacant position.
On December 31, 2002, Bill Hanson, a thirty-year (30) veteran of Public Works,
resigned from the Water Division. This left two vacancies in Public Works.
On January 6, 2003 City Council discussed the two vacant positions and a
request for a seasonal employee. Council directed Staff to bring this issue before
them at the next Council meeting to approve a seasonal employee and to grant
the authorization to advertise for the two vacant Public Works Positions.
Discussion
As required by Article 16 of the Labor Agreement between the Public Works
Employees and the City of Mounds View, on January 8, 2003, Staff advertised
internally for the vacant position in the Water Division. The vacant position in the
Surface Water Division was advertised in early 2002.
An employment application for the Water Division position was submitted by
Michael Schnur. Mr. Schnur was employed by the City of Mounds View in 1997
as a seasonal employee and was hired as a full-time maintenance employee in
1998. Mr. Schnur is currently in the Sanitary Sewer Division.
The Public Works Director and Public Works Foreman have met with Mr. Schnur
to discuss his interest and qualifications, as well as expectations for this position.
The director and foreman recommend that Mr. Schnur be appointed to fill the
vacancy in the Water Division of the Public Works Department.
Recommendation:
Staff recommends that the Council authorize appointing Michael Schnur to the
vacancy in the Water Division of the Public Works Department.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION NO. 5933
APPOINTING MICHAEL SCHNUR TO A
VACANCY IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
WHEREAS, Staff was given direction to fill a vacancy in the Water Division of the
Public Works Department; and
WHEREAS, Article 16 of the Labor Agreement between the City of Mounds View
and the Public Works Department states that “permanent job vacancies within the
department shall be filled based on the concept of promotion from within provided that
applicants: have the necessary qualifications to meet the standards of the job vacancy
and have the ability to perform the duties and responsibilities of the job vacancy”; and
WHEREAS, said vacancy was posted internally and interest in the position was
expressed by Michael Schnur, who currently works in Sewer Division of Public Works;
and
WHEREAS, the Public Works Director and Public Works Foreman have met with
Mr. Schnur to discuss his interest and qualifications, as well as expectations for the
position; and
WHEREAS, the Public Works Director and Public Works Foreman recommend
that Mr. Schnur be appointed to fill the vacancy in the Water Division of the Public
Works Department.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
does hereby appoint Michael Schnur to the vacancy in the Water Division of the Public
Works Department effective January 28, 2003; and
NOW, THEREFORE, BE IT FURTHER RESOLVED that there will be no
compensation adjustments, as Mr. Schnur currently meets Level C requirements for a
Public Works Maintenance Worker as per the Labor Agreement; and
NOW, THEREFORE, BE IT FINALLY RESOLVED that the City Council directs
Staff to fill the vacancy in the Sewer Division left vacant by Mr. Schnur’s appointment to
the Water Division of the Public Works Department.
Adopted this 27th day of January 2003.
______________________________
Jerry Linke, Mayor
(ATTEST)
_______________________________
James Ericson
Interim City Clerk/Administrator
(SEAL)
Motion By: _________
Second By: _________
Linke:
Quick:
Stigney:
Marty:
Gunn:
Item No. 07A
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Barb Benesch
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Meeting Date: January 27, 2003
Please consider the following contractor licenses for approval. All contractor licenses will
expire on December 31, 2003. All applicants have submitted appropriate fees and proof of
insurance. The first group are renewals and the second group are new license applications.
Those companies that are “new” include applicants that have never been licensed with the City
or they may have been licensed with the City in the past, but were not licensed in 2002. Those
companies renewing their license were licensed, at a minimum, in the year 2002. The type of
license they are applying for follows the company name.
Renewal
Action Heating & Air Conditioning – HVAC
Berwald Roofing Co., Inc. – General (Commercial)
CenterPoint Energy Minnegasco – HVAC
Clear Channel Outdoor – Sign Installation
Egan Companies dba Egan Mechanical – HVAC
Fedtech, Inc. – Geneal (Commercial)
Frattalone Paving, Inc. – Excavating
Lakes Air Heating & Cooling – HVAC
Orius Telecommunication Services, Inc. – Sign Installation
People’s Plumbing & Heating – HVAC
T. A. Schifsky & Sons, Inc. – Asphalt
New
Circle B Excavating, Inc. – Sewer/Water
Control Air Minnesota, Inc. - HVAC
DJ’s Heating & Air Conditioning – HVAC
M & P Utilities, Inc. – Sewer/Water
Metropolitan Center for Independent Living – Decks/Wheel Chair Ramps
Schirmers Concrete, Inc. – Cement/Masonry
Staff Recommendation: Approve license applications as requested.
Item No. 8C
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Resolution 5909 Authorizing a Contract with Sprint
for Long Distance Telephone Services
Date of Meeting: January 27, 2003
As some of the City Council Members are aware, the city has had a contract with
MCI Worldcom for long distance telephone services for many years and has had
billing problems with the contract since last spring.
MCI is supposed to bill the City directly for long distance calls at rates of 14.65
cents to 16.5 cents per minute. However, the charges have been billed through
the Qwest bill for local phone service at rates of up to $5.00 per minute.
James Ericson, Desaree Crane, and now Mary Tatarek have each, in succession,
worked to try to resolve the problem. It has been exasperating and time
consuming because they typically have been put on hold for up to 45 minutes
before reaching a human being, who then is unwilling or unable to fix the problem.
The problem occurred from April through July of 2002, seemed to be resolved
during August and September, and then reoccurred from October onward. The
total disputed charges for April through December 2002 are $4,034.99. I estimate
that what we actually owe for long distance calls billed at the correct rates is less
than 10% of the disputed charges.
We have reached the point of concluding that the problem with MCI may not be
solved and Mary Tatarek has gotten a proposal from Sprint for their long distance
telephone service. It features a $50.00 per month minimum total charges for the
city and rates of 6.4 cents to 9.0 cents per minute.
It seems that due to mergers and bankruptcies, MCI and Sprint are the only two
remaining providers of long distance telephone services.
While I am recommending the change, I want the City Council to be aware of the
risks. There are certain risks if we change to Sprint, and other risks if we remain
with MCI.
If we change to Sprint, it may all work out with the City receiving lower rates for the
future and also getting the proper credits from MCI for the outstanding balance on
the Qwest bill.
However, it could also turn out that the switch to Sprint could cause MCI to halt all
pretense of working towards a resolution. Qwest may then follow through with
their threats to cut off service for non-payment of the outstanding balance on our
account. At that point, the city would probably have to pay the disputed charges
since a city can’t operate without local phone service.
If we stay with MCI, it may work out with MCI finally resolving the ongoing
problems and giving the proper credits for the outstanding balance on the Qwest
bill. The City’s volume of long distance calls is so low that we won’t pay that much
more on future service to stay with MCI. When properly billed, these have been
between $50 and $100 per month.
However, it could also turn out that MCI won’t resolve any of the problems and we
would just find out a few months down the road that we have that many more
months of service on the Qwest bill at rates of $5.00 per minute. Qwest may at
some point follow through with their threats to cut off service for non-payment of
the outstanding balance on our account.
Attached is a resolution that authorizes the Interim City Administrator to sign a
contract for long distance telephone service with Sprint. If the City Council is
comfortable with the risks, it should pass the resolution. If not, it should table the
resolution and we will stay with MCI.
Respectfully Submitted,
Charles Hansen
RESOLUTION NO. 5909
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING A CONTRACT WITH SPRINT FOR LONG DISTANCE
TELEPHONE SERVICES
WHEREAS, the City of Mounds has received a quote from Sprint for long distance
telephone services; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to receive this service from Sprint.
NOW THEREFORE, BE IT RESOLVED, that the City Council authorizes the
Interim City Administrator to sign a contract with Sprint for long distance telephone
services.
Adopted this 27th day of January 2003.
ATTEST:
Jerry Linke, Mayor
(SEAL)
James Ericson, Interim City Administrator
Motion By:
Second By:
Linke:
Quick:
Stigney:
Marty:
Gunn:
Item No. 8D
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
CC: James Ericson, Interim City Administrator
Item Title/Subject: Resolution 5937 Adopting the 2003 Capital Project
Funds Budgets
Date of Meeting: January 27, 2003
The City Council and staff worked on the 2003-2010 capital improvement plan during
the fall, but didn’t complete and pass the plan. The City Council again reviewed the
plan at the January 13, 2003 work session.
The attached resolution adopts 2003 budgets for the capital projects funds for the
projects discussed at the work session. This resolution is for budgetary and planning
purposes only, each project will come back to the City Council for approval of
engineering services and award of the construction contracts.
The following is a summary of the projects by fund:
Municipal State Aid for Street Construction:
No projects were identified, but $100,000 is listed which should more than cover
planning that will take place during 2003 on projects to be constructed in 2004 and later.
Special Projects Fund:
Pathway Rehabilitation Program $20,000
Playground Equipment Maintenance $25,000
Pathway Construction Program $52,000
City Hall Rehabilitation $280,000
TOTAL $377,000
Street Improvement Fund:
Roadway Major Maintenance $1,500,000
Manufactured Home Access Study $12,500
TOTAL $1,512,500
Park Dedication Fund:
Hillview Parking Lot Addition $35,000
Skate Park $55,000
TOTAL $90,000
Water Utility Fund:
Water System Repair $30,000
Wells 1 & 2 Rehabilitation $60,000
Water Tower Rehabilitation Project $42,000
TOTAL $132,000
Sanitary Sewer Utility Fund:
Sanitary Sewer System Repair $10,000
TOTAL $10,000
Storm Water Utility Fund:
H2 Wetland 15 inch Outlet Pipe $2,000
TOTAL $2,000
The attached Resolution 5937 adopts the 2003 capital projects budgets for all capital
and utility funds.
Respectfully Submitted,
Charles Hansen
RESOLUTION NO. 5937
ADOPTING THE 2003 CAPITAL PROJECTS FUNDS BUDGETS
CITY OF MOUNDS VIEW
County of Ramsey
State of Minnesota
WHEREAS, the City Council conducted numerous meetings and made available
detailed copies of the proposed 2003 Budget; and
WHEREAS, the City Council reviewed proposed capital projects for all capital
and utility funds.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View that the following appropriations for capital projects for the calendar year
2003 are hereby approved:
CAPITAL PROJECTS FUNDS: Amount
Municipal State Aid for Streets $ 100,000
Special Projects Fund 377,000
Street Improvement Fund 1,512,500
Park Dedication Fund 90,000
UTILITY FUNDS:
Water Fund $132,000
Sanitary Sewer Fund 10,000
Storm Water Fund 2,000
Total Capital Projects $2,123,500
Said resolution was declared to have been duly passed and adopted this 27th day of
January 2003.
ATTEST:
_______________________________
Jerry Linke, Mayor
(SEAL)
_______________________________
James Ericson, Interim City Administrator
Resolution 5937
Page 2
Motion By:
Second By:
Linke:
Quick:
Stigney:
Marty:
Gunn:
Item No: 8E
Meeting Date: Jan 27, 2003
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Interim City Administrator
Item Title/Subject: Consideration of Ordinance 709, an Emergency Interim
Ordinance Regulating the Presence and Siting of Pawn Shops
and Related Establishments within the City of Mounds View
Introduction:
Staff has been approached by a group interested in establishing a pawn shop in the City.
There are currently no provisions in the City Code regarding the siting or regulation of
such a business.
Discussion:
The City has considered the issue and the lack of language relating to the regulation of pawn
shops and continues to consider the issue of whether the City should adopt an ordinance to
address the City health, safety and welfare issues caused by pawn shops and related
establishments within the City. City staff has made an initial review of this matter and
recommends that this matter be more fully studied.
The City Council has authority, pursuant to Section 3.06 of the City of Mounds View City
Charter and Minnesota Statutes Section 462.355, Subdivision 4, to adopt an emergency
interim ordinance during which time the City will conduct a study of the possibility of adopting
new or amended controls to fulfill the City's legal obligation to adequately protect the public
health, safety and welfare.
Recommendation:
Because no land use controls or regulations exist for pawn shops and related establishments
within the City, staff recommends Council adopt the attached emergency interim Ordinance
709 which directs the City of Mounds View Planning Commission to conduct a study of this
matter and make recommendations as to the adoption of amended official controls or
regulations to fulfill the City's legal obligation to adequately protect the public health, safety
and welfare. The Ordinance provides for a nine-month period of review.
_____________________________________
James Ericson
Interim City Clerk/Administrator
Attachment:
1. Ordinance 709
ORDINANCE NO. 709
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN EMERGENCY INTERIM ORDINANCE REGULATING THE PRESENCE AND
SITING OF PAWN SHOPS AND RELATED ESTABLISHMENTS WITHIN THE CITY OF
MOUNDS VIEW.
WHEREAS, the City Council has considered the issue and continues to consider the
issue of whether the City should adopt an ordinance to address the City health, safety and
welfare issues caused by pawn shops and related establishments within the City; and
WHEREAS, City staff has made an initial review of this matter and recommends that
this matter be more fully studied; and
WHEREAS, the City Council has authority, pursuant to Section 3.06 of the City of
Mounds View City Charter and Minnesota Statutes Section 462.355, Subdivision 4, to adopt
an emergency interim ordinance during which time the City will conduct a study of the
possibility of adopting new or amended controls to fulfill the City's legal obligation to
adequately protect the public health, safety and welfare; and
WHEREAS, an emergency interim ordinance is necessary to protect the public health,
safety and welfare because no land use controls or regulations exist for pawn shops and
related establishments within the City; and
WHEREAS, the City Council authorizes a study as to the possibility of adopting new or
amended controls to fulfill the City's legal obligation to adequately protect the public health,
safety and welfare; and
WHEREAS, the City Council makes the following:
FINDINGS OF FACT:
1. The City Council authorizes a study to be conducted for the purpose of considering
the adoption of new or amended land use controls or regulations as defined in Minn.
Stat. § 462.352, for pawn shops and related establishments within the City of
Mounds View.
2. The City Council of the City of Mounds View directs the City of Mounds View
Planning Commission to conduct a study of this matter and make recommendations
as to the adoption of amended official controls or regulations to fulfill the City's legal
obligation to adequately protect the public health, safety and welfare.
3. This emergency interim ordinance is to protect the health, safety and welfare of the
City of Mounds View residents and to protect the planning process, because no land
use controls or regulations exist for pawn shops and related establishments within
the City, and not to delay or prevent any single project.
Ordinance 709
Page 2
NOW, THEREFORE, based on the above findings of fact,
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended
to include reference to the following emergency Special Ordinance No. 709.
Subdivision 1. Purpose. To protect the planning process under the authority
of Minnesota Statutes, Section 462.355, Subdivision 4, and to protect the public health,
safety and welfare of the citizens of the City of Mounds View, the City Council of the
City of Mounds View hereby adopts an interim ordinance which prohibits the presence
and siting of any new, or the expansion of any existing, pawn shops and related
establishments within the City of Mounds View.
Subd. 2. Applicability of Ordinance. This interim ordinance shall be in effect
until the 27th day of September, 2003, or until the final adoption of an amended
ordinance to regulate pawn shops and related establishments in the City of Mounds
View, whichever occurs first.
SECTION 2. This emergency ordinance is effective upon adoption in accordance with
Section 3.06 of the City of Mounds View City Charter.
Passed by the City Council of the City of Mounds View, Minnesota, this 27th day of January,
2003.
________________________________________
Jerry Linke, Mayor
ATTEST:
______________________________________
James Ericson, Interim City Clerk-Administrator
(SEAL)
APPROVED AS TO FORM:
_________________________
Scott Riggs, City Attorney
Motion: _________
Second: _________
Linke:
Marty:
Quick:
Stigney:
Gunn:
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
January 13, 2002 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. ROLL CALL: Linke, Quick, Marty (arrived at 7:03 p.m.), Stigney, and Gunn 14
15
3. APPROVAL OF AGENDA 16
17
A. Monday, January 13, 2002 City Council Agenda. 18
19
MOTION/SECOND: Gunn/Stigney. To Approve the January 13, 2003, City Council Agenda as 20
Presented. 21
22
Ayes - 4 Nays – 0 Motion carried. 23
24
4. PUBLIC INPUT 25
26
David Jahnke of 8428 Eastwood Road asked Council to be cautious when looking into ways to 27
change things over at the Community Center. He then said that there was talk of the YMCA 28
being able to run the Center more economically than the City would be able to and asked Council 29
to make sure all of the options are researched before making changes. 30
31
Mr. Jahnke said he thought the issues with the YMCA could be resolved and commented that the 32
City has not had much luck running the golf course to make money and should be cautious 33
before attempting to run the Community Center. He then asked if the City was paying $100,000 34
this year to fund the Community Center. 35
36
Mayor Linke indicated there is $100,000 in the budget for the Community Center. 37
38
Mr. Jahnke indicated that a previous administrator had told him that the functions would pay for 39
the Community Center and he is concerned about having City employees running the Community 40
Center as it may end up costing more. 41
42
Mayor Linke indicated Council had requested that Staff begin to work on the issues with the 43
YMCA along with researching the costs involved in staffing the Community Center as Council 44
feels the information is necessary in order to determine how best to run the Community Center. 45
Mounds View City Council January 13, 2003
Regular Meeting Page 2
1
Mr. Jahnke commented that just because there is a change in management does not mean all the 2
problems will go away over there. 3
4
Council Member Quick asked Mr. Jahnke to clarify which administrator made the statement 5
referenced in his comments. 6
7
Mr. Jahnke indicated that he went to Hudson, Wisconsin and met with Chuck Whiting and was 8
given that information. 9
10
5. JUST AND CORRECT CLAIMS 11
12
Council Member Stigney asked for information on the $99.00 National Golf Course 13
Membership. 14
15
Finance Director Hansen indicated that it is one of the memberships listed in the annual budget 16
and per the purchasing policy, if the item is in the budget and the department head approves, the 17
item is paid. 18
19
Council Member Stigney indicated he would like to know what the membership is for. 20
21
Finance Director Hansen indicated he would need to check with Mary Burg concerning the 22
membership and report back. 23
24
Council Member Marty asked if the repair to the roof top unit, Check Number 109984 was for a 25
unit at the Community Center. 26
27
Public Works Director Lee indicated that the repair was made at City Hall to a roof top unit that 28
shorted out in Community Development. 29
30
Council Member Marty indicated that Check Number 109990 was for courier service and asked 31
what was couriered. 32
33
Finance Director Hansen indicated that the City periodically has a need to courier documents to 34
professionals the City does business with but said he was not sure of the specifics of this courier 35
item. 36
37
Council Member Marty commented that there was a large discrepancy in the total paid and total 38
invoiced for the Mounds View Animal Hospital matter and asked for clarification and an update 39
on collection of the matter. 40
41
Finance Director Hansen indicated Council had previously discussed the policy implemented to 42
require developers to pay for any legal fees incurred by the City in the process of approving their 43
development. However, the Mounds View Animal Hospital project had already begun when the 44
Mounds View City Council January 13, 2003
Regular Meeting Page 3
policy was implemented and there is no agreement to repay the legal costs. He then indicated 1
that, since the City has no leverage to collect, it would be difficult to do so. 2
3
Finance Director Hansen indicated he would like to have a discussion before Council concerning 4
implementing a policy for writing off these non-collectable receivables to remove them from the 5
books. 6
7
Council Member Marty suggested addressing the ones that happened after the policy was 8
established possibly by the next time just and correct claims are before Council. 9
10
Finance Director Hansen indicated there are some receivables that the City has no leverage to 11
collect and those need to be written off the books so Council would need to implement a policy 12
for doing so. 13
14
Finance Director Hansen indicated there was one or two where the City and the developer were 15
at odds over the matter and they are examples of ones that will never be collected. 16
17
Mayor Linke asked if the developers were told they would be charged. 18
19
Finance Director Hansen indicated the ones started in the last six to nine months were told the 20
City expected them to pay for any of the City’s legal fees but there is one case where the 21
development did not proceed and there was a disagreement with the developer and that is a case 22
where there is not a lot of leverage to collect. 23
24
Mayor Linke asked if the City had the authority to certify it to the taxes. 25
26
Finance Director Hansen indicated specific conditions have to be met in order to certify. 27
28
Council Member Marty commented that the amounts should be paid before any further action is 29
taken. 30
31
Council Member Stigney said he thinks the City should make an effort to contact the developers 32
and demand payment. 33
34
Finance Director Hansen indicated Staff has been contacting the developers continually for at 35
least six months and had recently stopped sending letters on a couple of them because the City 36
has received no response. 37
38
Council Member Stigney said he would like Staff to bring a letter to Council for approval with a 39
demand for payment as he is not comfortable with just writing off the amounts. 40
41
Interim City Administrator Ericson indicated Staff would review the past due invoices and 42
provide a report on what has been done in the past for Council consideration. 43
44
Council Member Gunn asked what the fee was for. 45
Mounds View City Council January 13, 2003
Regular Meeting Page 4
1
Finance Director Hansen indicated that the fee is for legal fees incurred when developments are 2
proposed to be built by someone within the City. 3
4
Council Member Stigney indicated he would like further information on the golf membership. 5
6
MOTION/SECOND: Marty/Stigney. To Approve Just and Correct Claims as Presented. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
6. CONSENT AGENDA 11
12
A. Licenses for Approval 13
B. Resolution 5925 Approving Severance for William Hanson 14
C. Resolution 5926 Appointing MMKR to Provide Auditing Services for the Year Ended 15
December 31, 2002 16
D. Resolution 5930 Approving a Temporary Seasonal Public Works Employee and 17
Authorization to Advertise for the Two Currently Vacant Positions 18
19
MOTION/SECOND: Marty/Quick. To Approve the Consent Agenda as Presented. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
7. COUNCIL BUSINESS 24
25
A. Resolution 5927 Authorizing the Purchase of Audio Equipment for the 26
Banquet Center 27
28
Finance Director Hansen addressed Council and indicated the audio system in use at the banquet 29
center has a number of limitations as well as issues with breakdowns in recent history and there 30
is a proposal before Council to purchase audio equipment to upgrade the system. He also 31
indicated that to improve the current system would cost in the neighborhood of $5,200 whereas a 32
completely new system would cost between $20,000 and $25,000. He then explained that the 33
City would need to use the same vendor in order to maintain the warranty on the existing 34
equipment. 35
36
Mr. Bradley indicated he had contacted the contractor who installed the system and was told that, 37
if anyone else worked on the system, the warranty would be void. He then indicated he had put 38
together a list of costs to be charged to clients for the use of the new equipment in order to 39
recover the City’s costs for the upgrade. 40
41
Council Member Gunn asked for clarification of future microphone and speaker upgrades. 42
43
Mr. Bradley indicated it would cost approximately an additional $2,200.00 to upgrade the 44
microphones and speakers in the future but said it is not necessary at this time. 45
Mounds View City Council January 13, 2003
Regular Meeting Page 5
1
Council Member Marty asked whether the remaining warranty was for five years. 2
3
Mr. Bradley explained that there is a remaining five-year warranty on the main component box. 4
5
Mayor Linke asked if the box would be moved. 6
7
Mr. Bradley indicated that the box would be moved to the banquet room. 8
9
Council Member Marty asked whether the repairs were covered under warranty. 10
11
Mr. Bradley explained that two microphones had shorted out and were not under warranty. 12
13
Council Member Marty indicated he was concerned with only one bid and asked if a formal RFP 14
should be sent out since there is only one contractor in the metro area that services this 15
equipment. 16
17
Mr. Bradley indicated it is the same company that controls the fire and alarm system at the 18
Community Center. 19
20
Council Member Quick asked whether obtaining another contractor through the RFP process 21
would void the existing warranty. 22
23
Mr. Bradley indicated that it would. 24
25
Council Member Marty indicated he liked the fact that the banquet center will be charging for 26
use of the equipment. 27
28
Council Member Stigney asked what is in the main box. 29
30
Mr. Bradley indicated there four receivers but if one is used it is heard throughout the banquet 31
center. 32
33
Council Member Stigney asked if there was a power amp. 34
35
Mr. Bradley indicated there were two one for the cassette and one for the am/fm receiver and 36
amplifier. 37
38
Council Member Stigney indicated the new system proposes a mixer amplifier with a CD and 39
cassette player but you cannot split if it is all in the same rack. 40
41
Mr. Bradley explained that there would be additional equipment added to the banquet center run 42
through the existing equipment that would allow for the sound to be split three ways. 43
44
Mounds View City Council January 13, 2003
Regular Meeting Page 6
Council Member Stigney commented that he did not understand how the warranty could be 1
voided because the equipment has a manufacturer’s warranty. 2
3
Mr. Bradley indicated it would still be the same system connected through the main system and 4
then back to the banquet center. 5
6
Council Member Stigney commented that the equipment would have a manufacturer’s warranty 7
and, as long as the City has the manufacturer or an authorized service center do the work, it 8
should not void the warranty. 9
10
Mayor Linke indicated that since the proposal is to tie into the existing system, the original 11
person could say you have touched the system and I will not provide a warranty. 12
13
Council Member Stigney indicated he did not understand the proposed system. He then said that 14
he is concerned that there is no breakdown of the $5,186.44 and he would like to see a 15
breakdown and other bids for comparison. 16
17
Mr. Bradley indicated his goal was to try and fix the audio system that is over there and all he did 18
was call the supplier to ensure the warranty was not compromised. 19
20
Council Member Gunn asked if the warranty covers the actual wiring of the whole system and 21
the existing box. 22
23
Mr. Bradley said yes. 24
25
Finance Director Hansen commented that having the same contractor install the upgraded 26
components would save the City time and money in the long run trying to enforce a warranty 27
issue between the contractors. 28
29
Council Member Stigney asked why the microphones were not covered by warranty. 30
31
Mayor Linke explained that the warranty stops at the wall. 32
33
Council Member Stigney asked how the banquet center could charge someone for the CD and 34
then prevent them from using the cassette if it is one unit. 35
36
Mr. Bradley explained that clients would not have access to the components that would be 37
handled by the banquet center staff. 38
39
Mayor Linke asked whether the quote included tax. 40
41
Mr. Bradley indicated he would look into whether tax was included in the quote. 42
43
Mayor Linke indicated he would like a breakdown of the $5,200 and whether it includes tax as 44
well as the cost for parts and labors with an estimated number of hours. 45
Mounds View City Council January 13, 2003
Regular Meeting Page 7
1
Mayor Linke commented that the Resolution states that the budget will be amended by $5,200. 2
He then asked where the money to fund the purchase would come from. 3
4
Finance Director Hansen indicated that the funding would come from the overall banquet center 5
budget and there is no intention to fund this purchase from the general fund. 6
7
Council Member Stigney asked for a schematic or drawing of the proposed system so that he 8
could see where all the wiring is going. 9
10
Council Member Stigney commented that he would like more information because it may be 11
cheaper to get rid of this contractor. 12
13
MOTION/SECOND: Stigney/Gunn. To Postpone Approval of the Audio Equipment Purchase 14
Until Further Information is Provided to Council Including a Breakdown of the Costs and 15
Additional Quotes. 16
17
Council Member Marty asked for clarification of the motion. 18
19
Council Member Stigney indicated he would like a breakdown of the costs, a plan or schematic 20
to review and other quotes for comparison. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
B. Resolution 5928 Authorizing an Arrangement for Temporary Coverage of 25
Police Administrative Needs 26
27
Interim City Administrator Ericson indicated this issue was discussed at the last meeting and 28
Staff has looked into this further, discussing it with the City’s Labor Relation’s Representative, 29
the City Attorney, and AFSCME and all indicate that this appears to be a reasonable course of 30
action on a temporary basis until the new Chief has an opportunity to make a better determination 31
of the staffing needs. 32
33
MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5928 as 34
amended, a Resolution Authorizing an Arrangement for Temporary Coverage of Police 35
Administrative Needs. 36
37
Council Member Marty asked that the fourth whereas have the word “work” changed to worker. 38
39
Council Member Quick commented that he is not sure what the urgency is. He then said he read 40
the Staff report and it stated that notice was given two weeks in advance of the person’s last day 41
of December 30, 2002 and Council was in session that day but nothing was brought before 42
Council. 43
44
Mounds View City Council January 13, 2003
Regular Meeting Page 8
Larry Siluk indicated that having a temporary employee working in the police department is 1
causing the work to backlog and they have gotten way behind. 2
3
MOTION/SECOND: Quick/Stigney. To Table Resolution 5928. 4
5
Ayes – 2(Quick/Stigney) Nays – 3 Motion failed. 6
7
Council Member Quick indicated he did not see the urgency as they had two weeks and Council 8
was in session on December 30, 2002 and nothing was brought before Council. He then asked 9
why, if it was so important, nothing was brought to Council on December 30, 2002 and why a 10
temporary worker cannot be used. He further suggested having a police officer take care of some 11
of the work as he finds it very difficult to see any real emergency when someone sits on it for two 12
weeks. 13
14
Ayes – 3 Nays – 2(Stigney/Quick) Motion carried. 15
16
C. Resolution 5931 Authorizing the engineering firm of Bonestroo, Rosene, 17
Anderlik, and Associates (BRAA) to provide engineering services for the 18
Manufactured Home Park Access Study 19
20
Public Works Director Lee indicated that this matter was discussed at a Council work session 21
and Council had asked for a study. Staff contacted the engineering firm of Bonestroo, Rosene, 22
Anderlik, and Associates and they have submitted a bid of $12,500 to conduct the study and the 23
funds would come out of the City’s street improvement fund. 24
25
Mayor Linke indicated he would like to see traffic counts on Old 8 on the Townsedge Terrace 26
study. 27
28
Public Works Director Lee indicated that Staff would get traffic counts on Old 8 and the entrance 29
to the park. 30
31
Mayor Linke asked if there was a way to get back up to Mustang Drive. 32
33
Public Works Director Lee indicated it would be possible but it would be very difficult and that 34
is why Staff is looking at this location first. He also indicated that, as part of the study, Staff 35
would determine turning movements. 36
37
Maggie Rick of Townsedge Terrace indicated the proposed route goes down into a gully and 38
work would need to be done on the road to improve it. She then said that there would also be a 39
steep hill for residents in the winter. She further commented that there is already pavement along 40
the back of the park beyond the fence line as part of the parking lot of the trucking company that 41
could be utilized as a way to get to Mustang Drive. 42
43
Public Works Director Lee indicated that Staff could address that as part of the study. He then 44
explained that there are two commercial properties at the end of Mustang Drive and the City 45
Mounds View City Council January 13, 2003
Regular Meeting Page 9
would either need to get an easement or condemn the property as well as move some houses in 1
the area. 2
3
Mayor Linke commented that trying to get the County to agree to cross the parkland would be 4
difficult. 5
6
Public Works Director Lee indicated there is another roadway that extends east/west out to Old 7
8. 8
9
Dina Routz from Townsedge indicated they are at the intersections of 96, 694, 10, and 35W so 10
traffic is already backed up in front of the park. 11
12
MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 5931, a 13
Resolution Authorizing the Engineering Firm of Bonestroo, Rosene, Anderlik, and Associates 14
(BRAA) to Provide Engineering Services for the Manufactured Home Park Access Study. 15
16
Ayes – 5 Nays – 0 Motion carried. 17
18
D. Resolution 5932 Approve the Plans and Specifications and Set a Bid Date for 19
the Water Tower Rehabilitation Project 20
21
Public Works Director Lee indicated the plans and specifications had been completed for this 22
project and the next step is approval of those plans and setting a bid date. He then indicated that 23
the bid date would be set for February 6, 2003 allowing for a bid to be awarded by Council on 24
February 24, 2003 with construction to begin either April 1 or September 1. He further 25
explained that allowing the contractor the flexibility of beginning construction in either 26
April or September may provide the City with a cost savings on the project. 27
28
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5932, a 29
Resolution Approving the Plans and Specifications and Setting a Bid Date for the Water Tower 30
Rehabilitation Project. 31
32
Council Member Marty asked whether the bid should also be published in the Pioneer Press. 33
34
Public Works Director Lee indicated that the current practice is not to use the Pioneer Press. 35
36
Mayor Linke indicated the estimated costs for the project are $36,800. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
8. SPECIAL ORDER OF BUSINESS 41
42
A. Resolution 5929 Approving a Step Increase for Greg Lee 43
44
Mayor Linke read Resolution 5929. 45
Mounds View City Council January 13, 2003
Regular Meeting Page 10
1
MOTION/SECOND: Marty/Gunn. To Approve Resolution 5929, a Resolution Approving a 2
Step Increase for Greg Lee. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
9. REPORTS 7
8
Council Member Marty had no report. 9
10
Council Member Stigney asked for information on the discrimination suit against the City. 11
12
Interim City Administrator Ericson indicated that he would provide that information in his report. 13
14
Council Member Stigney asked for clarification on residents being charged $25.00 to view a 15
videotape of meetings. 16
17
Interim City Administrator Ericson indicated he would address that in his report. 18
19
Council Member Gunn had no report. 20
21
Council Member Quick had no report. 22
23
Mayor Linke had no report. 24
25
Interim City Administrator Ericson indicated he had incorrectly indicated the City had settled the 26
discrimination lawsuit but the suit had been dismissed and the amounts paid out by the City were 27
for legal costs in defending the action. 28
29
Council Member Quick asked whether the individuals that filed those lawsuits are members of 30
the AFSCME Union. 31
32
Interim City Administrator Ericson indicated he was not sure of their status with the Union but 33
they are not employees of the City. 34
35
Council Member Quick indicated it was his understanding that they were members but do not 36
pay dues. He then asked Staff to check with the president of Mounds View Local and report 37
back. 38
39
Interim City Administrator Ericson indicated he had received plans for the landscaping of the 40
Clear Channel Outdoor bulletin board near Walgreen’s. He then provided a drawing to Council 41
and asked for consent to proceed with the plan. 42
43
Council Member Quick asked who would take care of the flowers. 44
45
Mounds View City Council January 13, 2003
Regular Meeting Page 11
Interim City Administrator Ericson indicated it was the intent of the City Forester that the 1
plantings would contain vegetation requiring very little water. 2
3
Council Member Quick asked who would maintain it. 4
5
Interim City Administrator Ericson indicated Clear Channel had indicated they would do periodic 6
maintenance on the site but he will clarify that. 7
8
Interim City Administrator Ericson indicated that the City does not have a video checkout policy 9
and there is no fee in the fee schedule. He then asked whether Council would like to have a copy 10
of the tape available at the library or if Staff should have a copy on hand and collect a $25.00 11
deposit to check it out. 12
13
Mayor Linke asked whether it would be a duplicate tape or a master. 14
15
Interim City Administrator Ericson indicated it would be a duplicate as no master tapes are 16
released. 17
18
Council Member Gunn indicated it would be easier for City Staff to have a tape located at the 19
library. She then said that the kids from Irondale were at the library looking for minutes and 20
information for their citizenship project and it would have been easier on Staff had the 21
information been there. 22
23
Mayor Linke asked if Staff normally makes an extra copy. He then asked if the press would be 24
required to pay a deposit of $25.00. 25
26
Interim City Administrator Ericson indicated that there have been reporters in the past who have 27
asked to view a tape and they have done so by sitting in an office at City Hall. 28
29
Council Member Marty indicated that the $25.00 is in the fee schedule. 30
31
Council Member Stigney clarified that the fee in the fee schedule is for purchasing a video, not 32
for viewing it and returning it. 33
34
Interim City Administrator Ericson indicated the cable technician would prefer that a tape be 35
placed at the library so that he does not have to manage who has the tape and whether it is 36
returned. 37
38
Council Member Quick indicated he would like to send a copy to the library and have them hold 39
it for three months and send it back. 40
41
Council Member Stigney indicated that other cities hold the tapes for six months. 42
43
Council agreed to send a tape to the library for six months and asked Staff to provide a policy on 44
the matter. 45
Mounds View City Council January 13, 2003
Regular Meeting Page 12
1
Interim City Administrator Ericson indicated that he had inadvertently set a meeting for 2
Veteran’s Day when trying to avoid meeting on that day. He then asked Council to amend the 3
Resolution to change the meeting from November 11, 2003 to November 10, 2003. 4
5
MOTION/SECOND: Stigney/Gunn. To Amend Resolution 5919 to Change the Meeting from 6
November 11, 2003 to November 10, 2003. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
Interim City Administrator Ericson indicated he had inadvertently forgotten to notify Ms. 11
Thomas and Mr. Sonterre that they were being recognized at the last Council meeting. He then 12
suggested presenting the signed copies of the Resolutions to them at the next Council meeting. 13
14
Council agreed. 15
16
Mayor Linke asked Council to be aware of the purple folder in their basket as it will contain 17
documents needing their signature. 18
19
Interim City Administrator Ericson indicated that Senator Betzold, and Representative Bernardy 20
would like to address Council at the next meeting and asked for approval to add them to the 21
agenda. 22
23
Council agreed. 24
25
Interim City Administrator Ericson indicated there is a need to schedule an EDA meeting for 26
January 27, 2003 and asked whether Council wished to have the meeting at 6:30 p.m. or directly 27
following the Council meeting. 28
29
Council Member Quick recommended having the meeting at 6:30 p.m. to avoid having Staff 30
sitting through the entire Council meeting accruing comp time. 31
32
Council agreed to start the EDA meeting at 6:30 p.m. 33
34
Council Member Stigney indicated he had asked at the last meeting to have former Mayor 35
Sonterre provide information on the meeting with the YMCA to Mr. Ericson. He then asked if 36
that had been done. 37
38
Interim City Administrator Ericson indicted he had not discussed the matter with Mr. Sonterre 39
but said he does have a meeting scheduled with the YMCA to go over the information and that 40
information will be presented at the upcoming work session. 41
42
10. APPROVAL OF MINUTES 43
44
A. Minutes for December 30, 2002 will be approved January 27, 2003. 45
Mounds View City Council January 13, 2003
Regular Meeting Page 13
B. Minutes for January 6, 2003 Special Meeting will be approved January 27, 1
2003. 2
3
Council Member Quick indicated there were two Irondale students in attendance at the meeting. 4
5
Council Member Marty asked whether Chuck Chisholm had ever been paid. 6
7
Interim City Administrator Ericson indicated he did not believe that the issue has been settled. 8
9
11. Next Council Work Session: Monday, February 3, 2003 10
Next Council Meeting: Monday, January 27, 2003 11
12
12. ADJOURNMENT 13
14
Mayor Linke adjourned the meeting at 8:19 p.m. 15
16
17
Transcribed and recorded by: 18
19
20
Joan Lenzmeier 21
Timesaver Off Site Secretarial, Inc. 22
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Special Meeting 5
January 6, 2003 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
6:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 14
15
3. APPROVAL OF AGENDA 16
17
A. Monday, January 6, 2003 City Council Agenda. 18
19
MOTION/SECOND: _________. To Approve the January 6, 2003, City Council Agenda as 20
Presented. 21
22
Ayes - 5 Nays – 0 Motion carried. 23
24
4. OATHS OF OFFICE 25
26
Jerry Linke, recited the oath of office as the new mayor for the City of Mounds View. 27
28
Sherry Gunn, recited the oath of office as the new City Council Member for the City of 29
Mounds View. 30
31
5. SPECIAL ORDERS OF BUSINESS 32
33
A. Resolution 5922, Resolution of Appreciation for Barbara Thomas 34
35
MOTION/SECOND: _________. To Approve Resolution 5922, a Resolution of Appreciation 36
for Barbara Thomas. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
B. Resolution 5921, Resolution of Appreciation for Richard Sonterre 41
42
MOTION/SECOND: _______. To Approve Resolution 5921, a Resolution of Appreciation for 43
Richard Sonterre. 44
45
Mounds View City Council January 6, 2003
Special Meeting Page 2
Ayes – 5 Nays – 0 Motion carried. 1
2
6. PUBLIC INPUT 3
4
William Werner of 2765 Sherwood Road asked which laws newly sworn in officials swore to 5
uphold. 6
7
Mayor Linke indicated the laws of the United States Constitution and the laws of the State of 8
Minnesota. 9
10
Mr. Werner asked if officials swore to uphold the Mounds View City Charter. 11
12
Mayor Linke indicated that upholding the Charter was part of newly elected officials 13
responsibilities. 14
15
Mr. Werner commented that it would be nice if incoming officials would take an oath to uphold 16
the City Charter. 17
18
Mayor Linke indicated he thought the same thing but the oath is boiler-plate language that 19
everyone takes. 20
21
Interim City Administrator Ericson indicated the wording was from the Charter. 22
23
Mr. Werner indicated there have been problems in the City with members not upholding the Oath 24
of the City Charter. 25
26
Council Member Stigney indicated that this came up some time ago and at that time it was 27
discussed with the City Attorney and it is his opinion that the wording in the encompasses the 28
fact that the elected officials must follow the Charter. He then indicated he had asked whether 29
the City could put wording in about the Charter but the City Attorney had said it would be 30
redundant. 31
32
7. JUST AND CORRECT CLAIMS 33
34
None. 35
36
8. COUNCIL BUSINESS 37
38
A. Resolution 5918, Selection of Official City Newspaper, Acting Mayor, 39
Treasurer and Official Depository for 2003 40
41
Interim City Administrator Ericson indicated the City needed to choose its official newspaper, 42
acting Mayor and official depository for 2003. 43
44
Mayor Linke recommended that Council Member Marty serve as acting Mayor. 45
Mounds View City Council January 6, 2003
Special Meeting Page 3
1
Council Member Marty indicated he would like to use the Bulletin as he feels they provide better 2
coverage of the meetings. 3
4
MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 5918, a 5
Resolution Selecting an Official City Newspaper, Acting Mayor, Treasurer and Official 6
Depository for 2003. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
B. Resolution 5919, Setting the 2003 City Council Meeting Schedule 11
12
Mayor Linke indicated he had asked that the times for all meetings be set at 7:00 p.m. to avoid 13
confusion with residents. 14
15
Council Member Marty said he thought it was an excellent idea since there have been instances 16
in the past where residents come to work sessions assuming they will be able to speak but find 17
that they are too late because they thought the meeting began at 7:00 p.m. 18
19
Council Member Stigney indicated that consistent meeting times is a good idea but noted the 20
reason for the 6:00 p.m. start time was because the meetings became very lengthy and would go 21
quite late. He then said he would like the option of moving the work sessions back to 6:00 p.m. 22
if the meetings become long and begin going late. 23
24
MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 5919, a 25
Resolution Setting the 2003 City Council Meeting Schedule. 26
27
Ayes – 4 Nays – 1(Quick) Motion carried. 28
29
Mayor Linke asked why Council Member Quick voted no. 30
31
Council Member Quick indicated the work sessions have been this way for a number of years 32
and he sees no reason to change. He then said that Council Member Marty contradicted himself 33
saying notice people but the idea that is proposed here is to get everything consistent so there is 34
no need to notice people. 35
36
C. Resolution 5920, Appointing City Council Members And City Staff As 37
Representatives for City Commissions and Other Organizations 38
39
Mayor Linke indicated he would serve on the North Metro Mayor’s Committee, Council Member 40
Gunn will serve on the Ramsey County League of Local Governments, Fire Department will be 41
Council Member Stigney. He then indicated that he wanted to take the Human Resources 42
Committee off of the resolution for discussion at an upcoming work session. 43
44
Mounds View City Council January 6, 2003
Special Meeting Page 4
Council Member Quick indicated that there needed to be a motion and a second on the floor to 1
discuss the resolution. 2
3
Mayor Linke indicated he would make a motion. 4
5
Mayor Linke indicated that Aaron Backman would serve as the number one representative to the 6
Twin Cities North Chamber with the Administrator serving as alternate. 7
8
Mayor Linke indicated that Council Member Marty would serve as the Northwest Youth and 9
Family Services Representative. The City Administrator will serve as the League of Minnesota 10
Cities Representative with Council Member Stigney as an alternate. Council Members Marty 11
and Gunn will serve on the Banquet Center Committee. Mayor Linke will serve on the I35W 12
Corridor Committee. Aaron Backman will serve as the representative to the North Metro 13
Visitors and Convention Bureau with the City Administrator as an alternate. 14
15
Mayor Linke Read Resolution 5920 and removed the Human Resources Committee for 16
discussion at the February work session. 17
18
MOTION/SECOND: Linke/Marty. To Approve Resolution 5920, a Resolution Appointing City 19
Council Members And City Staff As Representatives for City Commissions and Other 20
Organizations. 21
22
Council Member Marty indicated the City needed to establish a YMCA committee and 23
recommended that be added to the work session in February. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
D. Resolution 5924, Approving the Timesaver Recording Secretary Contract 28
Extension for 2003 29
30
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5924, a 31
Resolution Approving the Timesaver Recording Secretary Contract Extension for 2003. 32
33
Council Member Stigney said he thought the change in rate should be mentioned. 34
35
Mayor Linke indicated that the base rate went from $103.00 in 2002 to $106.00 in 2003. He then 36
asked what the base rate covers. 37
38
Interim City Administrator Ericson indicated the contract contains language to allow for two 39
separate billing rates and the base rate is to cover the expenses of having a secretary at a meeting 40
that ends up being quite short. 41
42
Mayor Linke requested that line numbering be used when submitting the minutes for 43
consideration and asked that the line numbering be removed when the minutes have been 44
finalized. 45
Mounds View City Council January 6, 2003
Special Meeting Page 5
1
Ayes – 5 Nays – 0 Motion carried. 2
3
E. Resolution 5923, Approving a 3% Cost of Living Increase and a $557.55 4
Monthly Health Insurance Contribution for Non-Union Employees in 2003 5
6
Finance Director Hansen indicated one of the employee unions settled for 2003 and that included 7
a three percent (3%) cost of living adjustment and an adjustment to the monthly City contribution 8
to health to $557.55. He then indicated that Resolution 5923 would extend the same conditions 9
to those that are not members of bargaining units. 10
11
MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 5923, a 12
Resolution Approving a 3% Cost of Living Increase and a $557.55 Monthly Health Insurance 13
Contribution for Non-Union Employees in 2003. 14
15
Council Member Stigney commented that last year there was a 4% increase for nonunion 16
employees, the year before 3%, and this year 3%. He then said that he sometimes feels that as 17
government employees they are getting ahead of the game and noted that federal retirees and 18
social security recipients received 1.4% last year and 2.2% this year. He further commented that 19
he thinks someone should look at what the City is paying its employees and he does not think 20
that the City can continue to offer percentage increases every year. 21
22
Ayes – 5 Nays – 0 Motion carried. 23
24
9. REPORTS 25
26
Council Member Marty indicated that Northwest Youth and Family Services seeks out 27
individuals from the community who have done outstanding service to youth and this year’s 28
award recipient is John Deppa and the City if proud of him. The awards banquet is scheduled for 29
February 13, 2003 and is open to the public. 30
31
Council Member Marty indicated he had watched the tape of the last meeting and there are a 32
number of issues that he would like to revisit and one is with regard to the personnel policy. HE 33
then suggested adding the personnel policy to the work session agenda in February. 34
35
Council Member Stigney indicated he would also like to discuss the compensation package and 36
how the City bases its pay as he does not feel it is in the City’s best interest to use the Stanton 37
information. 38
39
Council Member Gunn had no report. 40
41
Council Member Quick asked Staff to look into what other municipalities are doing with regard 42
to compensation and make a report at the work session. 43
44
Mayor Linke had no report. 45
Mounds View City Council January 6, 2003
Special Meeting Page 6
1
Interim Administrator Ericson indicated he had been directed to file charges regarding missing 2
documents from the golf course. He then indicated he had researched the matter further and 3
found that he needs to have a list of what is missing prior to filing that report. He further 4
indicated that he had contacted MMKR and is waiting for a report from them on the missing 5
information. 6
7
Council Member Stigney said he thought this was already taken care of through the Auditor’s 8
Office and the County Attorney. 9
10
Interim City Administrator Ericson indicated there was clear direction to file charges because a 11
report has not been filed and he needs to know what is missing before filing the report. 12
13
Michele Sandback indicated she had asked that the City file a report because at this time there is 14
no report filed and before the case can be sent to the prosecuting attorney there needs to be a 15
report. 16
17
Council Member Marty asked for an update on County Highway 10 and the soundwall. 18
19
Interim City Administrator Ericson indicated that as soon as he has information he would provide 20
it to Council. 21
22
Interim City Administrator Ericson requested authorization from Council to contract for planning 23
services should the need arise. 24
25
There was Council consent to authorize Staff to seek planning assistance if necessary. 26
27
Interim City Administrator Ericson requested authorization from Council to seek human resource 28
assistance and said he could use the League of Minnesota Cities as well as using the assistance of 29
adjoining communities to assist with filling the open positions. 30
31
MOTION/SECOND: Marty/Stigney. To Authorize Staff to Seek Planning and Administrative 32
Assistance if Needed. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
Interim City Administrator Ericson indicated there is a need for a third person in the cable 37
department to assist with covering meetings. He further commented that there have always been 38
two backups and right now the City is functioning with just one. 39
40
MOTION/SECOND: Marty/Gunn. To Authorize Staff to Hire a Person in the Cable Department 41
to Assist with Taping Meetings. 42
43
Ayes – 5 Nays – 0 Motion carried. 44
45
Mounds View City Council January 6, 2003
Special Meeting Page 7
Interim City Administrator Ericson handed out a letter from the League of Minnesota Cities 1
concerning a claim made by a former golf course employee. He then indicated that the insurance 2
trust claim of John Uline has been settled for the amount of $3,050.00. 3
4
Interim City Administrator Ericson indicated he received a request to utilize the Community 5
Center for the senior safety fair if the facility is not previously booked. 6
7
MOTION/SECOND: Marty/Gunn. To Authorize Staff to Work with the Fire Department and 8
the Community Center to Determine a Suitable Date for the Fire Department to Utilize the 9
Center for the Senior Safety Fair at No Cost. 10
11
Council Member Marty said he feels this is a good idea as it provides an excellent service to the 12
senior citizens in the community. 13
14
Council Member Gunn indicated she had heard that the seniors really thought this was a 15
wonderful event. 16
17
Council Member Stigney suggested adding a list of dates the City would like to use the 18
Community Center to the work session for discussion. 19
20
Interim City Administrator Ericson indicated the only other date he is aware of would be for the 21
Home Improvement Show. 22
23
Council Marty indicated he was surprised to hear that the City had 11 events at the Community 24
Center last year. 25
26
Interim City Administrator Ericson indicated that some of the events may be City meetings and 27
offered to provide information on use of the Community Center at an upcoming meeting. 28
29
Mayor Linke indicated that next time the contract is discussed it should be added that all 30
elections take place at the Community Center. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
35
10. Next Council Work Session: Monday, January 6, 2003 36
Next Council Meeting: Monday, January 13, 2003 37
38
11. Closed Session 39
40
Council recessed to closed session. 41
42
Mounds View City Council January 6, 2003
Special Meeting Page 8
12. ADJOURNMENT 1
2
Mayor Linke adjourned the meeting at ______ p.m. 3
4
5
Transcribed and recorded by: 6
7
8
Joan Lenzmeier 9
Timesaver Off Site Secretarial, Inc. 10
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
December 30, 2002 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. ROLL CALL: Sonterre, Quick, Marty (absent), Stigney, and Thomas. 14
15
3. APPROVAL OF AGENDA 16
17
A. Monday, December 30, 2002 City Council Agenda. 18
19
City Administrator Miller indicated there would not be a need for the scheduled closed session. 20
She then requested that the resignation of David Longville from his part time position be added 21
under Council Business. 22
23
Mayor Sonterre asked whether there would be a recording secretary present at the meeting. 24
25
City Administrator Miller indicated the minutes of the meeting would be transcribed from 26
videotape. 27
28
MOTION/SECOND: Quick/Sonterre. To Approve the December 30, 2002, City Council 29
Agenda as presented. 30
31
Ayes - 4 Nays – 1(Stigney) Motion carried. 32
33
4. PUBLIC INPUT 34
35
David Jahnke of 8428 Eastwood Road thanked the outgoing Council and Staff members. He 36
then said he would especially like to thank the City Administrator as it has been a rough couple 37
of years and, even though he did not always agree with her, he is thankful she was able to rid the 38
City of the corruption. 39
40
Mr. Jahnke asked incoming Council Members to work to keep the corruption from happening 41
again. He then wished Ms. Miller best wishes and thanked her for her time and energy spent on 42
ridding the City of corruption. 43
44
Mounds View City Council December 30, 2002
Regular Meeting Page 2
Michele Sandback of 2356 Sherwood Road addressed Council and thanked the members as well 45
as Staff for all the work in reviewing City policies and contracts to clean things up. She then said 46
that she would like follow-up on the report from MMKR of the 13 to 15 boxes of missing 47
original detailed sales records including cash register tapes, and other original documentation. 48
49
Ms. Sandback indicated she had contacted City Administrator Miller concerning the report and 50
had been told that four letters were written, one to the Ramsey County Sheriff, one to the Ramsey 51
County Attorney, one to the Bureau of Criminal Apprehension, and one to the State Auditor’s 52
Office. She then asked if a formal report had ever been filed with law enforcement and was told 53
that Staff was never directed by Council to do so. Ms. Sandback then asked Council to formally 54
direct Staff to file a formal report. 55
56
Mayor Sonterre indicated the BCA indicated they were not the appropriate body to conduct the 57
investigation, the Ramsey County Attorney and Sheriff indicated that based upon information 58
they felt it would warrant an investigation but they did not have the tools to conduct it. Ramsey 59
County then suggested the Auditor’s Office may be the most appropriate office to conduct the 60
investigation and the Auditor has been doing some investigating but there has not been a 61
formalized investigation. He further commented that he is not sure that direction to Ms. Miller is 62
appropriate at this time since this is her last meeting. 63
64
Ms. Sandback asked if she would need to come back and ask the new Council and new 65
administrator to file a formal complaint. 66
67
Mayor Sonterre recommended that she do so. 68
69
Council Member Stigney indicated the outgoing administrator could delegate the direction to the 70
interim administrator. 71
72
MOTION/SECOND: Stigney/Quick. To Direct Staff to Speak with the Appropriate Authorities, 73
Including the State Auditor’s Office to Conduct an Investigation into the Missing Information 74
from the Golf Course and File a Formal Report. 75
76
Ms. Sandback indicated she would like a report filed with the police department as it is stolen 77
property of the City of Mounds View. 78
79
Council Member Thomas suggested that the motion include the Auditor’s Office and 80
recommended Staff contact them to inform them of the matter since there has been a change in 81
the Auditor’s Office. 82
83
The Motioner and seconder agreed to the friendly amendment. 84
85
Ms. Sandback indicated her biggest concern is that this is property of the City of Mounds View 86
and that is why she feels it warrants a criminal investigation and she is not sure what the 87
Auditor’s Office can do. 88
89
Mounds View City Council December 30, 2002
Regular Meeting Page 3
Ayes – 5 Nays – 0 Motion carried. 90
91
Mayor Sonterre indicated there were students from Irondale in attendance at the meeting and 92
invited them to speak. 93
94
Katie Prizig of 8275 Fairchild Avenue indicated she was there with other Irondale students as 95
part of a citizenship class. 96
97
5. JUST AND CORRECT CLAIMS 98
99
Council Member Stigney asked if the charge to fix the speaker was because it was installed 100
backwards on a squad. He then asked if the others were being checked because this is the second 101
one. 102
103
Public Works Director Lee indicated the charge was for a squad speaker that was installed upside 104
down. He then indicated that the other squads are being checked. 105
106
Council Member Stigney asked why the police department purchases yearbooks from Irondale. 107
108
Finance Director Hansen indicated the Police Department purchases yearbooks in order to have 109
pictures of students on file in case they are needed. 110
111
Council Member Stigney asked what the mileage reimbursement to Mayor Sonterre was for. 112
113
Finance Director Hansen indicated it was mileage reimbursement turned in by the Mayor for the 114
last six months and it included various conferences for a total of 580 miles at 36.5 cents per mile. 115
116
Council Member Stigney asked whether it was customary to save up mileage for six months and 117
then submit it and whether there was a policy in place for reimbursement. 118
119
Finance Director Hansen indicated it would be preferable to have them turned in promptly but, 120
since this did not go over year-end, there is no harm done. 121
122
MOTION/SECOND: Thomas/Quick. To Approve Just and Correct Claims as Presented. 123
124
Ayes – 4 Nays – 0 Motion carried. 125
126
6. CONSENT AGENDA 127
128
A. Resolution 5913 Appointing Jim Ericson Interim City Administrator 129
B. Resolution 5914 Approving a Business License for Sam’s Market 130
C. Resolution 5905, Approving the Purchase of Non-Linear Editing System for Cable 131
Production. 132
D. Resolution 5910 Approving the Purchase of a Replacement Tractor for the Parks 133
Division 134
Mounds View City Council December 30, 2002
Regular Meeting Page 4
E. Resolution 5908 Authorizing Payment to Northwest Youth & Family Services for the 135
Year 2003 136
137
Council Member Thomas requested that Item C be removed for discussion. 138
139
MOTION/SECOND: Thomas/Sonterre. To Approve Consent Agenda Items A, B, D, and E as 140
Presented. 141
142
Ayes – 4 Nays – 0 Motion carried. 143
144
MOTION/SECOND: Quick/Sonterre. To Approve Consent Agenda Item C as Presented. 145
146
Council Member Thomas asked why this was being requested now when Council recently 147
discussed that the City was not going to purchase any equipment for the cable department 148
without first having an inventory provided and Council discussion on the plan for the future for 149
the department. 150
151
Mr. Gamble indicated that, since he was hired, he has been working on getting things 152
straightened out and he feels all the issues are resolved but he will work on more training with 153
Dave to ensure there are no issues with recording and broadcasting meetings. 154
155
Council Member Thomas indicated that was not the question, the question is what kind of 156
equipment does the City have and what does the City need based on a plan approved by Council 157
for the future. She then said that Staff had been asked to submit a plan for the department to 158
Council for approval and that needs to happen before any equipment purchases will be approved. 159
160
Mr. Gamble indicated he had provided an inventory to the Administrator to carry on with the 161
plans from the previous cable coordinator. He then said that his plan is very consistent with the 162
previous cable coordinator and technology becomes outdated very quickly and needs to be 163
replaced. 164
165
Council Member Thomas indicated the previous person had a plan but that plan was never 166
discussed and approved by the Council and continuing with that plan is not something she wants 167
to see happen. 168
169
Mayor Sonterre indicated there was a conceptual plan for the department but no functional plan 170
was ever submitted to Council for consideration and approval. 171
172
City Administrator Miller indicated she had received the information from Mr. Gamble and had 173
asked for further information that has now been provided. She then said that there was not time 174
to have this matter at a work session and recommended that the new Council have it set for 175
discussion. 176
177
Mr. Gamble agreed to work with Council on any information they need to move forward with the 178
cable equipment. 179
Mounds View City Council December 30, 2002
Regular Meeting Page 5
180
Council Member Stigney indicated he agreed with Council Member Thomas that something 181
needs to be done with regard to the ultimate goal of the City for its cable department as well as a 182
cost estimate and schedule for implementing that plan. He then commented that Alpha was 183
presented as the lowest bidder but it turned out that was not the case and he would like 184
information on the other bidders on the list. He further asked whether the request was consistent 185
with the City’s purchasing policy for quotes. 186
187
City Administrator Miller indicated that three written quotes were received. 188
189
Mr. Gamble agreed to provide further information on the quotes. 190
191
MOTION/SECOND: Thomas/Stigney. To Table this Matter for Further Information and 192
Discussion at an Upcoming Work Session. 193
194
Ayes – 4 Nays – 0 Motion carried. 195
196
7. COUNCIL BUSINESS 197
198
A. Public Hearing to Consider Resolution 5904, a Resolution Amending 199
Resolution 5419 Relating to Interim Use Permits for Billboards at the 200
Bridges Golf Course 201
202
Mayor Sonterre opened the public hearing at 7:34 p.m. 203
204
Community Development Director Ericson explained that the City entered into a lease agreement 205
for six billboards at the golf course that have not yet been constructed. He then indicated that, as 206
a result of ongoing appeals and litigation, Clear Channel has requested an extension of the lease 207
agreements in an attempt to recover the costs of litigation. 208
209
Director Ericson explained that two courses of action need to be taken, the first is an amendment 210
to the City’s Code to clarify the lease period of the billboards, and the second would be changing 211
the requirement for the number of feet between signs from 1,000 to 750 to ensure that the signs 212
can be located in areas that do not interfere with the play of golf at the course. 213
214
Mayor Sonterre closed the public hearing at 7:37 p.m. 215
216
MOTION/SECOND: Stigney/Quick. To Waive the Reading and Approve Resolution 5904, a 217
Resolution Amending Resolution 5419 Relating to Interim Use Permits for Billboards at the 218
Bridges Golf Course. 219
220
Ayes – 3 Nays – 0 Motion carried. 221
222
Council Member Thomas was not present for the vote. 223
224
Mounds View City Council December 30, 2002
Regular Meeting Page 6
B. Public Hearing to Consider the Second Reading and Adoption of Ordinance 225
708, an Ordinance Amending Section 1008 of the Mounds View Municipal 226
Code Pertaining to Billboards 227
228
Mayor Sonterre opened the public hearing at 7:38 p.m. 229
230
City Attorney Riggs asked that Mr. Ericson’s comments from the previous matter be entered for 231
this item as well. 232
233
Community Development Director Ericson explained that the City entered into a lease agreement 234
for six billboards at the golf course that have not yet been constructed. He then indicated that, as 235
a result of ongoing appeals and litigation, Clear Channel has requested an extension of the lease 236
agreements in an attempt to recover the costs of litigation. 237
238
Director Ericson explained that two courses of action need to be taken, the first is an amendment 239
to the City’s Code to clarify the lease period of the billboards, and the second would be changing 240
the requirement for the number of feet between signs from 1,000 to 750 to ensure that the signs 241
can be located in areas that do not interfere with the play of golf at the course. 242
243
Mayor Sonterre closed the public hearing at 7:39 p.m. 244
245
MOTION/SECOND: Quick/Stigney. To Waive the Reading, Approve the Second Reading, and 246
Adopt Ordinance 708, an Ordinance Amending Section 1008 of the Mounds View Municipal 247
Code Pertaining to Billboards. 248
249
ROLL CALL: Quick/Marty/Stigney/Thomas/Sonterre. 250
251
Ayes – 3 Nays – 0 Motion carried. 252
253
Council Member Thomas was not present for the vote. 254
255
C. NPDES Phase II Storm water permit. Resolution 5911 Authorizing the 256
engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) to 257
assist in the preparation of the NPDES Phase II Permit 258
259
Public Works Director Lee explained that Resolution 5911 would authorize BRAA to assist the 260
City in preparing its NPDES Phase II Storm Water Permit. He then indicated that, in his 261
estimation, it would take 800 to 1,000 staff hours to prepare at a cost of $24,000 to $30,000 262
whereas BRAA has submitted a proposal to charge the City $12,000 to $16,000 to assist the City 263
with the project. 264
265
Public Works Director Lee indicated that this is a major undertaking and will change the way the 266
City looks at storm water so he felt it would be appropriate to provide a presentation on the storm 267
water permit issues. 268
269
Mounds View City Council December 30, 2002
Regular Meeting Page 7
A Representative of Bonestroo, Rosene, Anderlik addressed Council and provided information 270
on the requirements of the NPDES Phase II Permit. 271
272
Mayor Sonterre asked whether it was possible at all for Staff to meet the deadline regardless of 273
the cost savings to use BRAA. 274
275
Public Works Director Lee indicated he would need to devote 100% of his time and it is not 276
realistically possible. 277
278
MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5911, a 279
Resolution Authorizing the Engineering Firm of Bonestroo, Rosene, Anderlik, and Associates 280
(BRAA) to Assist in the Preparation of the NPDES Phase II Permit. 281
282
Ayes – 4 Nays – 0 Motion carried. 283
284
D. Resolution 5898 Authorizing the Execution of the Contract for Catering and 285
Banquet Management Services Between the City of Mounds View and 286
Elegant Thymes 287
288
City Administrator Miller indicated that Council had directed Staff to work with the City 289
Attorney to provide a contract for review in this matter. She then explained that the contract that 290
is before Council combines the catering and management aspects and changes the method in 291
which payment is made in order to make things less confusing. She further explained that the 292
payment had been changed to a flat dollar amount and all references to gross or net revenues 293
have been removed from the contract. 294
295
City Attorney Riggs explained that the contract is a combination of the two agreements that 296
existed for catering and management of the facility providing a vast simplification of the 297
payments and minor revisions to a number of aspects to make the language consistent as well as 298
to simplify interpretation of the contract. 299
300
Council Member Stigney asked why this method would be better for the City. 301
302
City Attorney Riggs explained that this contract is better because it simplifies the payment 303
method. He also indicated that Staff discussed the incentive to generate revenue and there is a 304
clause requiring a meeting with Council to set a goal. 305
306
City Administrator Miller indicated it would simplify the administration of the contract and the 307
finance director felt that would be helpful. She also noted that MMKR’s audit had indicated that 308
the contract language was confusing and this contract would simplify the language. 309
310
Council Member Stigney commented that the contractor could do nothing and still get a flat rate. 311
312
City Attorney Riggs indicated the contract requires the contractor to meet with Council to set 313
objectives and the contract can be terminated if Council’s goals are not met. 314
Mounds View City Council December 30, 2002
Regular Meeting Page 8
315
Council Member Stigney asked why it was not possible to straighten out the language and allow 316
for an incentive. 317
318
City Administrator Miller indicated that the portion that deals with catering does respond to the 319
concern that if the contractor does not provide the service they will not derive revenues so that 320
portion of the contract should allay any fears. 321
322
Mayor Sonterre explained that if there is no catering business there is no money made even if the 323
flat fee for management is made. 324
325
Council Member Stigney asked whether there is an amount that has to be produced or not. He 326
then said he is concerned that this contract will straighten out one issue and create another one. 327
328
City Attorney Riggs indicated there was a practical question of how the contract was interpreted 329
and this is in response to how best to simplify it. He then said there is an operational contract 330
and there is an incentive because if they do not have events there is nothing to be made on the 331
catering side of the business. 332
333
Council Member Stigney asked whether, in the opinion of the City Attorney, this is the best 334
contract for the City. 335
336
City Attorney Riggs commented that the question was subjective but said based on discussions 337
with City Staff and the vendor, this is the best solution to resolve past difficulties and make it 338
more efficient for the finance department to deal with. 339
340
Mayor Sonterre asked Finance Director Hansen if this is the best financial contract for the City. 341
342
Finance Director Hansen indicated he was very comfortable with how the contract is proposed 343
and recognizes that the contractor could make the management fee with no efforts but that fails 344
to recognize that the management fee is a small part of what the contractor makes off of the total 345
operation so it is not in their best interest to do anything less than their absolute best to maximize 346
profits. 347
348
Council Member Stigney commented he is not worried they will do nothing but is concerned that 349
they will not do as much as Council thinks should be done. He then asked if the contract could 350
be terminated if Council is unhappy with the revenues. 351
352
City Attorney Riggs indicated that paragraph 12 requires that the contractor meet the goals of the 353
City Council and, if not met, there would be a breach of contract and the relationship can be 354
severed. 355
356
Mayor Sonterre commented that this is not a new vendor as they have been with the City 357
performing well for several years. 358
359
Mounds View City Council December 30, 2002
Regular Meeting Page 9
Council Member Stigney commented that the City has been burned on a number of contracts and 360
he is very cautious. 361
362
Council Member Thomas indicated the contract did not seem clear as to the number of days the 363
City is allowed to use the facility. 364
365
Mr. Bradley indicated that he understood that the City has 10 days per year to use the facility. 366
367
Council Member Thomas indicated she did not find language limiting the City to 10 days. 368
369
Mr. Bradley indicated the City would need to provide notice and, if the Center is not reserved, 370
then the City is free to use it. 371
372
Council Member Thomas suggested setting guidelines on what the City will request for use of 373
the Center because every time the City uses the Center it takes away from the profit. 374
375
Mr. Bradley indicated he has 22 more events booked than at this time last year. 376
377
Council Member Stigney asked whether he anticipated conflicts with dates from the City and 378
whether an advance list from the City is required. 379
380
Mr. Bradley indicated there has not been an issue but requested that City Staff provide dates to 381
him as soon as possible. 382
383
Mayor Sonterre read Section 6, Item B5 that indicates that the City will provide a list of dates on 384
or before the first business day of January for the first half of the year and on or before the first 385
business day in July for the last half of the year. After these times the City recognizes that use 386
will be restricted to times not reserved by others. 387
388
MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5898, a 389
Resolution Authorizing the Execution of the Contract for Catering and Banquet Management 390
Services Between the City of Mounds View and Elegant Thymes. 391
392
Ayes – 4 Nays – 0 Motion carried. 393
394
E. Resolution 5915 Approving Changes to the City of Mounds View Personnel 395
Manual 396
397
City Administrator Miller indicated Council had directed Staff to work with the City Attorney to 398
make changes in the personnel policy that referenced probationary employees and Council 399
Member Stigney had suggested looking at other areas that may need some changes. She then 400
indicated that Section 1.03 was amended to reference the City’s purchasing policy; section 1.37 401
was amended as the language pertains to probationary employees; section 1.40 was changed to 402
include a reference to the purchasing policy; section 3.05 amends the language to include a 403
reference for golf course employees regarding flex time use; section 3.10 amends the language to 404
Mounds View City Council December 30, 2002
Regular Meeting Page 10
be consistent with the AFSCME contract for holidays by eliminating good Friday as a holiday 405
and changing New Years Eve day and Christmas Eve day to full days rather than half days; and 406
Section 4.30 amends the language granting payout of sick leave to those who have left 407
employment with the City. 408
409
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5915, a 410
Resolution Approving Changes to the City of Mounds View Personnel Manual. 411
412
Council Member Stigney indicated he objected to consideration of this motion based on the fact 413
that the direction given to Staff was to look into the language of the policy and/or probationary 414
policy and he thinks Staff has gone far beyond that by amending the policy. He then said that, if 415
the policy is going to be changed, he thinks there are several things in the policy that needed 416
amending rather than pulling out sections to change and not discussing it first at a work session. 417
418
Council Member Thomas commented that she was not sure what the two have to do with each 419
other as Staff merely corrected some language that was problematic legally and there is nothing 420
to preempt another Council from going into further detail at a work session. 421
422
Council Member Stigney said he disagreed per Roberts Rules it was not the direction of Council. 423
424
Mayor Sonterre indicated Council did ask Staff and the City Attorney to look at changing the 425
language to make sure it was consistent. He then said he did not have an issue with Staff taking 426
the extra step to make changes that were necessary in regards to legal issues. 427
428
MOTION/SECOND: Stigney/. To Object to the Consideration of Resolution 5915. 429
430
Ayes – 1 Nays – 3 Motion failed. 431
432
Ayes – 3 Nays – 1(Stigney) Motion carried. 433
434
F. Consider Resolution 5912 Granting the Newly Appointed Chief Sommer 435
Approval to Attend the Minnesota Chiefs of Police Law Enforcement 436
Academy 437
438
City Administrator Miller indicated she received a request from the incoming Chief to attend the 439
Minnesota Chiefs of Police Law Enforcement Academy that starts on January 12, 2003, one day 440
prior to his start date of January 13, 2003. 441
442
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5912, a 443
Resolution Granting the Newly Appointed Chief Sommer Approval to Attend the Minnesota 444
Chiefs of Police Law Enforcement Academy and Amend Resolution 5903 to Change Mr. 445
Sommer’s Start Date to January 12, 2003. 446
447
Council Member Thomas asked what the City’s legal obligation would be for the Chief attending 448
the day before starting employment with the City. 449
Mounds View City Council December 30, 2002
Regular Meeting Page 11
450
City Attorney Riggs suggested moving the start date ahead in order to have him covered under 451
the City’s workers compensation policy. 452
453
Council agreed to amend Resolution 5903 to reflect a start date of January 12, 2003. 454
455
City Administrator Miller read the addition to the Resolution. 456
457
The motioner and seconder agreed to the amendment. 458
459
Ayes – 4 Nays – 0 Motion carried. 460
461
G. Presentation of MMKR’s Independent Accountant’s Report on Applying 462
Agreed-Upon Procedures and Resolution 5916 Accepting the Report 463
464
Finance Director Hansen indicated that during 2001 the City engaged MMKR to conduct an audit 465
and report on agreed upon procedures. In the fall of 2001 there was an initial report issued to 466
Council and this will be a final report on the agreed upon procedures. He then introduced Aaron 467
Wilson from MMKR who was present to make a presentation on the report to Council. 468
469
Mr. Wilson addressed the Council and presented the report on agreed upon procedures. 470
471
Mr. Wilson mentioned that the report identified items as potentially questionable if financial 472
activity occurred that was not specifically outlined in the contracts. 473
474
Mr. Wilson indicated the City paid the Fire Department $35,649 for service fees for the first 10 475
months of 2001 and has not been invoices for the remaining two months. The contract from 476
1999 states that the amount should not exceed $35,000 but that would be adjusted upward 477
utilizing the CPI that amount in 2001 would be $37,206. 478
479
Mr. Wilson indicated another item is there is a contract provision for renegotiating for service fee 480
if inspections increased by 10% but that does not apply as the contract was not renegotiated. 481
482
Mr. Wilson indicated that the City was invoiced $520.00 for educational expenses and $1,314 for 483
mileage charges and the contract does not address whether the charges are appropriate or if they 484
should be included. 485
486
Mr. Wilson indicated the contract does not address the calculation of the fee and MMKR 487
recommends that the City should include the method being used to determine the charge such as 488
an hourly rate. He then said that, in reviewing the invoices, it appears that $30.00 per hour was 489
used but that was not identified in the contract. 490
491
Mr. Wilson indicated the fire inspection contract was effective July 24, 1996 and expired in 1997 492
with a 90-day grace period and, since he is not aware of renewals, MMKR assumed the contract 493
was not binding. He then said that, although under the assumption that the contract had expired, 494
Mounds View City Council December 30, 2002
Regular Meeting Page 12
there was a limit on costs for 1996 of $4,000 and invoices received and paid totaled $8,770. He 495
further indicated that this contract established an hourly rate of $35.00 and charges paid by the 496
City included educational and mileage expenses not outlined in the contract. 497
498
Mr. Wilson indicated the fire protection contract has had 8 versus 9 installments but that is 499
consistent with past practice. The second item is that in establishing the City’s estimated share 500
for calls the formula is to use the calls for the three previous years. In reviewing the formula for 501
2001 2000 data was not used per the contract. A reason may be that the data was not yet 502
available but that is inconsistent with the contract. The third item is the assessed values in the 503
formula, the numbers for 2000 were not used but should have been per the contract. Another 504
observation is that there was an invoice for $8,553 for a capital budget expenditure that was not 505
addressed in any contract they reviewed. 506
507
Mr. Wilson indicated the Creative Kids contract was reviewed and the lease commenced in 508
August of 2001 but there were no payments until September of 2001. The second item is that the 509
initial payment for September was $5,288 rather than the $5,244 specified in the contract. The 510
third item is that Section 2.2 of the contract identifies a penalty and interest component for late 511
payments not received with 10 days of the due date and, on more than one occasion, the 512
payments were made after the established due date with no penalty imposed. 513
514
Mayor Sonterre asked Finance Director Hansen if there should be suggested changes to the past 515
practices and what the plan to move forward would be. 516
517
Finance Director Hansen indicated that several of the contracts have expired and are no longer an 518
issue. He then indicated that the fire services contract had been discussed and Council had 519
directed Staff to pay the Fire Department as billed. He further commented that he would contact 520
Creative Kids to inform them that late fees will apply for payments received more than 10 days 521
late. 522
523
Mayor Sonterre asked whether the $8,553 capital budget expenditure was an approved budget 524
expenditure. 525
526
Finance Director Hansen indicated he would need to review records and report back. 527
528
Mayor Sonterre suggested having something in the documentation to identify this type of 529
expenditure to save time reviewing the future. 530
531
Council Member Thomas indicated she would like to get clarification on what should be done 532
with regard to educational and mileage charges. 533
534
Finance Director Hansen indicated those were on the housing inspection and building inspection 535
contracts and those are the contracts that ended. 536
537
Council Member Stigney noted the report was dated June 27, 2002 and asked why Council is 538
hearing about it in December. 539
Mounds View City Council December 30, 2002
Regular Meeting Page 13
540
Mr. Wilson indicated that this is when he was asked to come and report on it. 541
542
City Administrator Miller indicated this was discovered as a housekeeping item that needed to be 543
heard and approved by Council. 544
545
MOTION/SECOND: Stigney/Thomas. To Waive the Reading and Approve Resolution 5916, a 546
Resolution Accepting the Report of MMKR’s Independent Accountant. 547
548
Ayes – 4 Nays –0 Motion carried. 549
550
H. Resolution Number 5906 Authorizing Labor Relations Associates, Inc. to 551
Perform a Compensation Analysis for All Classifications 552
553
City Administrator Miller indicated the City’s policy states that a compensation analysis shall be 554
conducted annually. 555
556
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5906, a 557
Resolution Authorizing Labor Relations Associates, Inc., to Perform a Compensation Analysis 558
for all Classifications. 559
560
Council Member Stigney commented that the policy indicates the City will do this annually with 561
the analysis to occur in September and an analysis of all grades every three years. 562
563
City Administrator Miller indicated the last analysis was several years ago and things have been 564
further complicated because there has been piece meal analysis done on some jobs and not 565
others. She also indicated that the City agreed with AFSCME to do this. 566
567
Council Member Stigney indicated he thinks the policy should be changed because he is opposed 568
to using the Stanton when other cities are changing to use cities of similar size. 569
570
Mayor Sonterre indicated that during the negotiations with AFSCME the City agreed to evaluate. 571
He then asked what method of evaluating was agreed to. 572
573
City Administrator Miller indicated the evaluation was to be done in accordance with the City’s 574
personnel policy. 575
576
Mayor Sonterre commented that there is a verbal commitment to provide this evaluation. 577
578
City Administrator Miller indicated there is more than a verbal commitment. 579
580
Ayes – 3 Nays – 1(Stigney) Motion carried. 581
582
Mounds View City Council December 30, 2002
Regular Meeting Page 14
I. Resolution Number 5917 Authorizing the Execution of the Settlement 583
Agreement and Release in the Bruce Kessel vs. the City of Mounds View, 584
BMS Case No. 02-PIR-128 585
586
City Administrator Miller indicated that the City entered into mediation with Mr. Kessel and Mr. 587
Hammerschmidt and as a result there is a tentative settlement agreement reached with Mr. Kessel 588
and Staff is asking for approval of Resolution 5917 authorizing Staff to execute the settlement 589
agreement. 590
591
MOTION/SECOND: Thomas/Quick. To Waive the Reading and Approve Resolution 5917, a 592
Resolution Authorizing the Execution of the Settlement Agreement and Release in the Bruce 593
Kessel vs. the City of Mounds View, BMS Case No. 02-PIR-128. 594
595
Mayor Sonterre commented that he felt that the City provided more than ample information and 596
basis by which to make a termination for cause in this case and he was very upset the City paid 597
out what it did in compensation at the time of the termination. He then said he thought that it 598
was a glaring error in the personnel policy to allow for such a payout. He further commented that 599
he understands the legal proceedings but is nauseous over the fact that the City will give this guy 600
more money. 601
602
City Administrator Miller indicated the League Insurance Trust that represents the City sees this 603
as a nuisance settlement that is nominal in nature and while no one is keen on the idea of paying 604
more this frees up the attorney assigned to the matter to allow her to concentrate on the one 605
existing arbitration set for January. 606
607
Mayor Sonterre indicated he understands the world live we live in and accepts the settlement in 608
its nuisance state and will vote for it but wanted to state for the record that this is repulsive based 609
on the information to justify the termination. 610
611
Ayes – 4 Nays – 0 Motion carried. 612
613
J. Resignation of David Longville from his Part Time Position 614
615
City Administrator Miller indicated that Mr. Longville had resigned from his full time position 616
with the City but had agreed to continue employment on an as needed basis of 10 hours per week 617
to manage the golf course. She then indicated that Mr. Longville has provided the City with a 618
letter of resignation from his part time position effective December 23, 2002. 619
620
MOTION/SECOND: Thomas/Sonterre. To Accept the Resignation of David Longville from 621
His Part Time Position. 622
623
Council Member Stigney asked whether this would affect his severance by changing the date of 624
resignation to December 23, 2002. 625
626
Mounds View City Council December 30, 2002
Regular Meeting Page 15
City Administrator Miller indicated Mr. Longville had resigned from his full time position and 627
this letter of resignation is for the part time position. 628
629
City Attorney Riggs indicated that Mr. Longville ended his full time position with the City and 630
came back as part time with different benefits but said it would not hurt to include in the motion 631
that this is an acceptance of his resignation of the part time position. 632
633
The motioner and seconder accepted the inclusion of the part time resignation. 634
635
Ayes – 4 Nays – 0 Motion carried. 636
637
8. SPECIAL ORDER OF BUSINESS 638
639
None. 640
641
9. REPORTS 642
643
Finance Director Hansen reported that the City had received its second half local government aid 644
from the State. 645
646
Finance Director Hansen indicated the City received a check from the league for $23,471 as a 647
dividend on the City’s property and casualty insurance policy for 2001. 648
649
Finance Director Hansen reported that Council had directed him to conduct a review of the 650
severance payouts for Ms. Miller and Ms. Reed. He then indicated he had done so and made a 651
correction to the payout to Ms. Miller from $13,262 to $12,796 to account for vacation time 652
used. He also indicated that Staff had been directed to determine whether there had been overuse 653
of comp time and, in Ms. Miller’s case no overuse was found. 654
655
Finance Director Hansen reported that he had conducted a review of the severance payout to Ms. 656
Reed and had made an adjustment in the payout to Ms. Reed from $6,960 to $4,284 to account 657
for vacation time used. He then indicated he had reviewed Ms. Reed’s use of comp time and 658
found a variance of 15 minutes and her check was corrected to remove those 15 minutes. 659
660
Council Member Stigney asked what time frame was used for determining the flex-time. 661
662
Finance Director Hansen indicated it was per two-week period. 663
664
Council Member Stigney indicated that was not what the Resolution had stated. 665
666
City Administrator Miller asked what time sheets were used. 667
668
Finance Director Hansen indicated that he had discussed the matter with Council Member 669
Stigney since the last Council meeting and felt an agreement was reached whereby Staff would 670
review all time sheets for the last three months and the first time sheets from when they began 671
Mounds View City Council December 30, 2002
Regular Meeting Page 16
employment with the City and a sampling in between. He then explained that the review he 672
made took 10 hours of staff time and the outcome was that Staff found 15 minutes so the review 673
was hardly cost effective. 674
675
Council Member Stigney commented that by not looking at all of the timesheets the City would 676
not know for sure if flex time was used improperly. He then stated that the Resolution stated one 677
thing and Staff accomplished something else. He also indicated he had a question on the sick 678
time paid out for Ms. Miller. 679
680
Finance Director Hansen indicated that sick time was paid out per the City’s policy at 1/12 of her 681
ending balance of 298.64 hours. 682
683
Council Member Stigney read Section 3.35 of the policy on banked sick leave indicating 684
employees with more than 120 sick days will be calculated at the rate of 1 per month additional 685
and are not to be included in the calculation. 686
687
Finance Director Hansen indicated that the policy refers to 120 days and Ms. Miller had 298 688
hours not days. 689
690
Community Development Director Ericson thanked Ms. Miller for doing a wonderful job given 691
the circumstances and direction of Council. 692
693
Director Ericson reported that the City received an easement document exercised by the business 694
park entity for the trail section by Perkins. He then indicated that the new owner of the Perkins 695
property intends to remove the pine tree in question. He then indicated that Staff is discussing 696
adding the trail to the County Road H2 as a change order and that would be before Council in 697
January or February. 698
699
Director Ericson indicated that Council would call to order at the January 6, 2003 meeting to 700
administer the swearing in and complete administrative housekeeping tasks. 701
702
Council Member Quick asked if that meets the provisions of the City’s Charter. 703
704
City Attorney Riggs indicated it would as long as the meeting is properly posted. 705
706
City Attorney Riggs indicated he had advised Council at a previous meeting to proceed to 707
recover excess funds from a condemnation matter with Mounds View v. Gridley but, after 708
receiving further information and a response from an attorney representing trustees for potential 709
interested parties his advice has changed and he would recommend stopping the action in its 710
entirety. 711
712
MOTION/SECOND: Thomas/Sonterre. To Direct Staff to Cease Action to Collect Outstanding 713
Funds in the Matter of Mounds View v. Gridley. 714
715
Ayes – 4 Nays – 0 Motion carried. 716
Mounds View City Council December 30, 2002
Regular Meeting Page 17
717
City Attorney Riggs provided an update on the litigation matter involving the City over the 718
landfill issue. Based on information received from the Attorney General on December 23, 2002, 719
it appears that a settlement has been reached and an extension of time to answer has been granted 720
should the settlement not proceed. 721
722
City Attorney Riggs recommended that incoming Council hold a closed session on January 6, 723
2003 for Staff to update them on the outstanding litigation matters. He also indicated that Ms. 724
Fleming Wolfe would attend the meeting to provide an update. 725
726
City Attorney Riggs indicated his last item is the memo he had previously handed out that 727
responds to the questions of Council concerning reconsideration or rescinding of resolutions. 728
729
Mayor Sonterre noted that after the discussions regarding the contract with the YMCA he was 730
contacted by them and attended a meeting to discuss the issues. He then said that he is 731
encouraged that it appears to be their sincere intent to address the deficiencies. 732
733
Council Member Stigney asked who else attended the meeting. 734
735
Mayor Sonterre indicated that City Administrator Miller, he and Finance Director Hansen had 736
attended the meeting. 737
738
Mayor Sonterre commented that it has been a good ride and said he enjoyed serving as Mayor. 739
He then thanked Council and Staff for serving the residents of the City and said it has been a 740
privilege and an honor to serve. 741
742
Council Member Stigney asked whether there was a written memo or summary provided so the 743
City knows what happened at the meeting with the YMCA. 744
745
Mayor Sonterre indicated he had provided Mr. Ericson with a verbal summary. 746
747
Council Member Stigney asked for a written summary. 748
749
Mayor Sonterre agreed to provide Mr. Ericson with a written summary. 750
751
10. APPROVAL OF MINUTES 752
753
A. Minutes for December 9, 2002 754
755
Council Member Thomas requested the following changes: On Page 13, fourth paragraph from 756
bottom begins Council Member Stigney “insert how long Mr. Sommer had been with Anoka 757
County. 758
759
Director Ericson asked that the spelling of Summer be corrected to Sommer. 760
761
Mounds View City Council December 30, 2002
Regular Meeting Page 18
Council Member Stigney requested the following changes: On Page17, third sentence from 762
bottom Ms. Reed indicated that she, the City Administrator, Mary Burg and the golf course 763
manager from New Brighton were on the interview panel delete and as Mary Burg is the golf 764
course manager. Also correct the spelling of Berg to Burg. Insert that Ms. Burg interviewed 765
David Longville. On Page 18 delete “the employee”. 766
767
Mayor Sonterre requested a correction on Page 2, under Mayor Sonterre indicate he said that 768
“everyone needs to be cognizant that the City is likely to lose up to $900,000.” 769
770
MOTION/SECOND: Stigney/Thomas. To Approve the Council Meeting Minutes of December 771
9, 2002, as Amended. 772
773
Ayes – 4 Nays – 0 Motion carried. 774
775
11. Next Council Work Session: Monday, January 6, 2003/Special Meeting 776
Next Council Meeting: Monday, January 13, 2003 777
778
12. ADJOURNMENT 779
780
Mayor Sonterre adjourned the meeting at 9:07 p.m. 781
782
783
Transcribed and recorded by: 784
785
786
Joan Lenzmeier 787
Timesaver Off Site Secretarial, Inc. 788