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HomeMy WebLinkAboutAgenda Packets - 2002/01/28M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Agenda -- January 28, 2002, City Council Meeting.doc CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, JANUARY 28, 2002 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas 3. APPROVAL OF AGENDA 4. PUBLIC INPUT: A. 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. UNFINISHED BUSINESS 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution 5683 Approving a Joint Powers Agreement Between the M.V. Police Department and DPS for Predatory Offender Registration Database D. Resolution 5691 Amending Section 3.15 of the Personnel Manual-Reed E. Resolution 5692 Approving the City’s January 2001 Pay Equity Report F. Resolution 5689 Authorizing the Acquisition of Tax Forfeited Parcel Previously Requested Withheld from Public Sale – Ericson G. Resolution 5690 Accepting the Annual Financial Report for the Year Ending December 31, 2000 –Charlie Hansen H. Resolution 5697 Authorizing the Mayor to Attend the National League of Cities Congressional Cities Conference in Washington D.C. - Miller I. Resolution 5698 Scheduling a Second Work Session in February - Miller J. Resolution 5693 Approving a Charitable Gambling Application for New Brighton/Mounds View Rotary -Reed K. Resolution 5694 Amending the 2002 Fee Schedule - Reed L. Resolution 5695 Hiring a Temporary Employee to Fill the Administrative Assistant Position - Reed M. Resolution 5696 Approving the Golf Course Manager Position Description - Miller N. Resolution 5687 Authorizing Staff to Seek Repayment of the Overpayment for the Fitness Equipment - Miller 7. COUNCIL BUSINESS 7:05 A. Public Hearing and Consideration of Resolution 5688, a Resolution Approving a Conditional Use Permit and Development Review for the Edgewood Middle School Facility Expansion – Atkinson M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Agenda -- January 28, 2002, City Council Meeting.doc January 28, 2002 City Council Page –2- 7:10 B. Second Reading and Adoption of Ordinance 691, Amending Chapter 502 (Intoxicating Liquor) and Chapter 503 (3.2 Percent Beer) of the Mounds View Municipal Code as They Relate to Charitable Gambling-Reed A. Second Reading and Adoption of Ordinance B. Quick, Thomas, Stigney, Marty, Sonterre C. Second Reading and Adoption of Ordinance 689 Revising Chapter 512 of the Tobacco Ordinance. A. Second Reading and Adoption of Ordinance B. Stigney, Thomas, Quick, Marty, Sonterre D. Consideration of Resolution 5650, a Resolution Approving a Final Plat for Gustafson’s Fifth Addition Major Subdivision; Planning Case MA01-003 -Atkinson E. Second Reading and adoption of Ordinance 683, an Ordinance Rezoning Certain Property Located at 2525 County Road I from R-1, Single Family Residential, to R-2, Single and Two-Family Residential; Planning Case No. ZC01-001 - Atkinson 8. SPECIAL ORDER OF BUSINESS 9. REPORTS 10. APPROVAL OF MINUTES A. January 7, 2002 B. February 8, 1999 11. CLOSED SESSION TO DISCUSS THREATENED/POTENTIAL LITIGATION 12. NEXT COUNCIL WORK SESSION: February 4, 2002 NEXT COUNCIL MEETING: February 11, 2002 13. ADJOURNMENT Item No. 6A Type of Business: CA 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: Just and Correct Claims List of January 29, 2002 Date of Report: January 24, 2002 Please note there are separate Just and Correct Claims lists attached. The first one lists checks paying expenses for the year 2001. The second lists checks paying expenses for the year 2002. Each list is also printed in two versions, one titled Invoice Cash Disbursement Journal and the other Invoice Check Register. Respectfully Submitted, Charles Hansen Item No. 6B 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 28, 2002 Please consider the following contractor licenses for approval. The licenses listed will expire on December 31, 2002. All applicants have submitted appropriate fees and proof of insurance. All licenses are renewals unless noted “new” following the company name. Those licenses defined as “new” include all 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 2001. Those defined as “renewal” were licensed in the year 2001. ASPHALT T. A. Schifsky & Sons, Inc. EXCAVATING Communicor Telecommunications, Inc. GENERAL (COMMERCIAL) McGough Construction M.A. Mortenson Company Stahl Construction Company HVAC B & D Plumbing & Heating Theodore E. Bergum – New Control Air Minnesota, Inc. - New Forced Air, Inc. (dba Wenzel Heating & Air Conditioning) G R Mechanical Plumbing & Heating, Inc. Plymouth Plumbing, Inc. Royalton Heating & Cooling Twin City Furnace Co. SIGN Sign Art Company, Inc. Staff Recommendation: Approve license applications as requested. RESOLUTION NO. 5691 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AMENDING SECTION 3.15 OF THE PERSONNEL MANUAL AS IT RELATES TO BENEFITS WHEREAS, the Mounds View City Council adopted Resolution 5671 in September 2000 which created a new benefits policy under which the City would pay 80% of the lowest cost family health insurance premium ($448.68) and 80% of the basic life insurance premium ($2.32) for non-union and public works employees; and WHEREAS, the above-mentioned policy is currently in place for all other union employees (Sergeants, Patrol and AFSCME employees other than seasonal golf course employees); and WHEREAS, this plan is cost prohibitive to the City; NOW, THEREFORE, BE IT RESOLVED that the City will return to a flat dollar amount contribution for all non-union employees; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City will contribute a maximum of $451.00 monthly toward health, dental, basic and supplemental life insurance benefits provided through the City; and NOW, THEREFORE, BE IT FURTHER RESOLVED that annually the City Council will determine by resolution its contribution to benefits; and NOW, THEREFORE, BE IT FINALLY RESOLVED that Section 3.15 of the Mounds View Personnel Manual will be amended to reflect the changes contain herein. Resolution 5691, Page 2 Amending Section 3.15 of the Personnel Manual January 28, 2002 Adopted this day of , 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator SEAL Motion by: Second by: Sonterre Aye No Quick Aye No Stigney Aye No Marty Aye No Thomas Aye No Item No. 6G Type of Business: CA 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 Accepting the Annual Financial Report for the Year Ended December 31, 2000 Date of Report: January 23, 2002 Attached is Resolution 5690 that accepts the Annual Financial Report for the year ended December 31, 2000. This was reviewed at the January 22, 2002 City Council work session. Primary focus of the review included the financial analysis and management suggestions included in the Management Letter from Kern, DeWenter, Viere, Ltd. Respectfully Submitted, Charles Hansen RESOLUTION NO. 5690 ACCEPTING THE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDING DECEMBER 31, 2000 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota WHEREAS, the city staff has prepared an Annual Financial Report for the City of Mounds View for the year ended December 31, 2000, and WHEREAS, the firm Kern, DeWenter, Viere, Ltd. was appointed by the City Council to audit this report and they have issued the Management Letter and Reports on Compliance regarding the Annual Financial Report, and WHEREAS, the City Council reviewed these reports at a January 22, 2002 work session. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the annual financial report for the year ended December 31, 2000 is hereby accepted. Passed and adopted this 28th day of January 2002. ATTEST: ___________________________ Mayor (SEAL) __________________________ City Clerk-Administrator M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06H--Reso 5697, Authorizing Mayor to attend National League of Cities Congressional Cities Conference --Miller.doc Item No.6H Type of Business: CA 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: Kathleen Miller, City Administrator Item Title/Subject: Resolution No. 5697 Authorizing the Mayor to Attend the National League of Cities Congressional Conference in Washington D.C. Date of Report: January 28, 2002 Background The Mounds View City Council requested that all out-of-State attendance at Conferences be approved by the City Council. Mayor Sonterre has submitted a request to attend the NLC Congressional Cities Conference in Washington D.C. March 8th through March 12th, 2002. The City Council has budgeted $5,000 for training and conferences. Attached is a copy of the dollars expended from that account to date. Attached for review and consideration is Resolution No. 5697 Authorizing the Mayor to Attend the National League of Cities Congressional Conference in Washington D.C. Recommendation: Staff recommends the City Council review and consider approving Resolution No. 5697, A Resolution Authorizing the Mayor to Attend the National League of Cities Conference in Washington D.C. Respectfully Submitted, ___________________________ Kathleen F. Miller City Administrator M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06H--Reso 5697, Authorizing Mayor to attend National League of Cities Congressional Cities Conference --Miller.doc RESOLUTION NO. 5697 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTORIZING MAYOR SONTERRE TO ATTEND THE NATIONAL LEAGUE OF CITIES CONGRESSIONAL CONFERENCE IN WASHINGTON D.C. WHEREAS, the City Council has directed that all out-of-State travel for Conferences be approved; and WHEREAS, the National League of Cities (NLC) Conference is in Washington DC; and WHEREAS, the Mayor Sonterre has expressed an interest in attending the NLC conference; and WHEREAS, the City Council recognizes the value in participating in such conferences; and Whereas, the City Council has budgeted funds for such purposes; NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve Mayor Sonterre’s request to attend the NLC Congressional Conference in Washington DC March 8th through March 12th 2002. Adopted this 28th day of January, 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator Motion by: Second: Sonterre: Stigney: Quick: Marty: Thomas: M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06I--Reso 5698, Scheduling a Second Work Session in February 2002.doc Item No.6I Type of Business: CA 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: Kathleen Miller, City Administrator Item Title/Subject: Resolution No. 5698 Scheduling a Second Work Session in the Month of February, 2002 Date of Report: January 28, 2002 Background The Mounds View City Council discussed this item at its January 22, 2002 Work Session and directed staff to schedule a second Work Session for the month of February. Typically we would schedule a special meeting on the “off Monday” February 18th, however that is President’s day. Staff has prepared a resolution for City Council Meeting consideration, scheduling the second Work Session on Tuesday, February 19, 2002. Recommendation: Staff recommends the City Council consider Approving Resolution 5698 Scheduling a Second Work Session in the Month of February, 2002. Respectfully Submitted, ___________________________ Kathleen F. Miller City Administrator M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06I--Reso 5698, Scheduling a Second Work Session in February 2002.doc RESOLUTION NO. 5698 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SCHEDULING A SECOND WORK SESSION FOR THE MONTH OF FEBRUARY, 2002 WHEREAS, the Mounds View City Council reviewed the extensive list of Work Session items at its January 22, 2002 Work Session; and WHEREAS, the Mounds View City Council directed staff to schedule a second Work Session for the Month of February; and WHEREAS, a special meeting would typically be scheduled for the Monday the City Council does not meet; and WHEREAS, February 18th is President’s Day and therefore City Offices will be closed; and WHEREAS, staff recommends the City Council consider scheduling the second Work Session in February on Tuesday, February 19th, 2002. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby schedule the second Work Session in February on Tuesday, February 19, 2002. Presented this 28th day of January 2002. (ATTEST) ____________________________________ Rich Sonterre, Mayor (SEAL) ____________________________________ Kathleen F. Miller, City Administrator Motion By: Second By: Sonterre: Quick: Stigney: Thomas: Marty: RESOLUTION NO. 5694 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AMENDING THE 2002 FEE SCHEDULE Whereas, revisions and updates to the Fee Schedule are necessary, and Whereas, the Public Works and Community Development Departments have recommended some additional changes to the 2002 Fee Schedule. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby adopt the changes reflected in the attached portions of the 2002 Fee Schedule. Adopted this 28th day of January , 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator SEAL Motion by: Second by: Sonterre Aye No Quick Aye No Stigney Aye No Marty Aye No Thomas Aye No VI. WATER, SEWER, STREET AND OTHER FEES Late Payment 10% of bill Load Limits Permit Fee $20/entry/truck Meter Testing (Chapter 906) $50 (free if meter is faulty) MIU/MXU Cost (New Construction Only) $105 plus tax/$125 plus tax Park Dedication Fee Residential Dwelling units/acre 0.0 -2.0 $100/acre 2.1-3.0 $150/acre 3.1-4.1 $200/acre 4.1-5.0 $250/acre Over 5.0 10% of land subdivision Commercial/industrial 10% of land subdivision Sewer Availability Charge (SAC) $12100 (effective 1/1/0200 per Metro Waste Control Commission). C. GENERAL CONSTRUCTION, HOME, MISCELLANEOUS BUILDING PERMITS. Surcharges Not Included in All Figures Listed below (See Surcharge Section for More Information): (Chapter 1006) Accessory Buildings: Garages & Sheds *(Valuation per sq. ft. used for valuation table) Attached Garage $ 15.00 per sq. ft. Detached Garages & Sheds, > 120 sq. ft. (with concrete floor) $ 10.00 per sq. ft. Detached Garages & Sheds, > 120 sq. ft. (with wood floor) $ 6.00 per sq. ft. Sheds, 120 square feet and less $ 25.00 (flat fee) 120 Sq ft or under No permit needed Carport $ 10.00 per sq. ft. Water Connection/Repair Permit Inspections An after hours inspection of a water and/or sewer connection or repair will be charged as a callout. A callout is defined as a minimum of two hours pay at one and one-half (1 ½) times the employee’s base pay rate. Service less than 4 inches $25 (no surcharge) Service 4 inches or greater $50 (no surcharge) Water Disconnect/Reconnect in Spring $25 Water Hydrant Deposit $500 Water used from hydrant: $1.45/1,000 gallons Meter Deposit, 2- 3": $500 GENERAL CONSTRUCTION, HOME, MISCELLANEOUS BUILDING PERMITS. Surcharges Not Included in All Figures Listed below (See Surcharge Section for More Information): (Chapter 1006) Door or Window Installation Using existing window frame No fee Change Opening Use valuation table Use Existing Rough opening but changing window frames $20 for first window/door plus $2.50 for each additional window/door RESOLUTION NO. 5695 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION HIRING A TEMPORARY EMPLOYEE TO FILL THE ADMINISTRATIVE ASSISTANT POSITION WHEREAS, the Administrative Assistant for the City of Mounds View has resigned effective January 25, 2002; and WHEREAS, it may take several weeks to fill the position; and WHEREAS, staff has requested authorization to fill the position on a temporary basis. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council authorizes staff to hire a temporary employee through an employment agency for a period not to exceed six weeks without Council approval for an extension and at a wage not to exceed $18.00 per hour for the same period. Adopted this 28th day of January, 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator SEAL Motion by: Second by: Sonterre Aye No Quick Aye No Stigney Aye No Marty Aye No Thomas Aye No M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06M--Revised Golf Course Manager Job Description.doc Item No.6M 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: Kathleen Miller, City Administrator Item Title/Subject: Golf Course Manager Job Description Date of Report: January 24, 2002 Background The Mounds View City Council requested that they review a copy of the proposed Golf Course Manager’s Job Description. A copy is attached for your consideration and includes some changes in the following areas: • Strengthens the managerial skills required • Requires budgetary abilities • Involves critical procedural oversight This position manages a million dollar enterprise on behalf of the City. It is therefore critical to hire someone who has the ability to evaluate the day-to-day operations and make recommendations to the City Council that will maximize revenues, while limiting expenditures. Changes made to the position description per the January 14, 2002 Work Session discussion are highlighted (underlined or stricken) for your review. Labor Relations recommends that the points for the position be set at 491 and that the annual maximum salary be set at $66,000. Recommendation: Staff recommends the City Council accept the attached position description as well as the recommended salary and points. Respectfully Submitted, ___________________________ Kathleen F. Miller City Administrator M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06M--Revised Golf Course Manager Job Description.doc CITY OF MOUNDS VIEW POSITION DESCRIPTION GOLF COURSE MANAGER Position Title: Golf Course Manager Department: Golf Course Accountable to: City Administrator Status: Exempt PRIMARY OBJECTIVE OF POSITION Responsible for administrative, budgetary and supervisory over sight of the golf course operation. Responsible for the completion of all administrative, budgetary and operational duties required to run the golf course effectively and efficiently. SUPERVISION RECEIVED Works under the general guidance and direction of the City Administrator SUPERVISION EXERCISED Supervise all regular and seasonal golf course employees. ESSENTIAL DUTIES AND RESPONSIBILITIES ADMINISTRATIVE RESPONSIBILITIES • Supervise and manage all golf course operations • Develop policies and procedures for golf course operation • Maintain the golf course in accordance with all federal, state, and local laws, regulations, ordinances and City of Mounds View policies and obtain all permits, licenses, and certifications to do so • Develop a comprehensive safety and risk management program to ensure the safe use of the course by staff and guests • Manage and supervise assigned operations to achieve goals within available resources • Resolve disputes as to golf rules, regulations and etiquette FISCAL/BUDGETARY RESPONSIBILITIES • Prepare and administer annual operating, maintenance and capital budgets including monthly financial statements and operations progress reports for the City Administrator • Ensure that assigned areas of responsibility are performed within budget; perform cost control activities; m onitor revenues and expenditures in assigned area to assure sound fiscal control; prepare annual requests; assure effective and efficient use of budgeted funds, personnel, materials, facilities, and time. M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06M--Revised Golf Course Manager Job Description.doc • Prepare and maintain daily, monthly, and annual reports and records, as assigned. Develop and maintain systems to ensure adequate internal controls and accurate and timely reporting of financial information. • Develop five-year and ten-year capital improvement plans in conformance with City Charter requirements, which shall be subject to review and approval by the City. OPERATIONAL RESPONSIBILITIES • Perform some or all of the maintenance duties, as required. • Perform and Ooversee the grounds maintenance on all greens, tees, fairways, roughs, driving range, clubhouse lawn, and all other turf area within the boundaries of the golf course property. Administer contracts for golf course concessions, cart and other rentals. • Carryout and oversee Plan, coordinate and supervise course maintenance and improvement projects in cooperation with maintenance staff. • Provide necessary supervision, direction and assistance to crews at work sites. Enforce policies, regulations, and safety and health standards. • Project needs for equipment, materials and supplies. Assist in the preparation of specifications, estimates, and bids for machinery, equipment, and contractor services. Project needs for equipment, materials and supplies. • Assure that tools and equipment are properly maintained and kept in proper working condition. • Establish competitive prices for all golf course activities and supplies PERIPHERAL DUTIES Serves as a member of various employee committees, as assigned. MINIMUM QUALIFICATIONS (A) B.A. in business administration, public administration or a related field (B) Two years municipal golf course management experience (C) Two years experience in budget preparation (D) Three years supervisory experience (E) Business management skills and knowledge of clubhouse management and outside operations. (F) MN Pesticide Applicator’s License (G) Two years training/experience in turf management and disease control (D)(H) Class B Drivers License DESIRED QUALIFICATIONS Education and Experience (A)Three years supervisory experience (B)Business management skills and knowledge of clubhouse management and outside operations. (C)MN Pesticide Applicator’s License (D)Two years training/experience in turf management and disease control M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06M--Revised Golf Course Manager Job Description.doc Class B Drivers License NECESSARY KNOWLEDGE, SKILLS AND ABILITIES (A) Preparation and oversight of annual operating and capital budgets (B) Experience with operation/maintenance of enterprise funds (C) Knowledge of the game and rules of golf (D) Ability to effectively supervise staff; Ability to establish effective working relationships with employees, supervisors, golf associations and patrons, and the public (E) Ability to work independently with minimum supervision; ability to coordinate course maintenance activities and major course improvements; Ability to communicate effectively orally and in writing. (F) Training/experience in turf management and disease control (G) Knowledge of golf merchandising including purchasing, inventory control and marketing SPECIAL REQUIREMENTS (A) First aid card or ability or obtain one within six months TOOLS AND EQUIPMENT USED Motor vehicles; phone; copy and fax machines; personal computer including word processing and data base software; cash register; calculator; mobile or portable radio. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to reach with hands and arms. The employee frequently is required to stand; walk; and use hands to finger, handle, feel or operate objects, tools, or controls. The employee is occasionally required to sit; climb or balance; stoop, kneel, crouch, or crawl; and talk or hear. The employee must frequently lift and/or move up to 50 pounds and occasionally lift and/or move more than 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focuses. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06M--Revised Golf Course Manager Job Description.doc While performing the duties of this job, the employee occasionally works near moving mechanical parts and in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions. The noise level in the work environment is moderately quiet. SELECTION GUIDELINES Formal application and supplemental application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. Approval: Approval: Supervisor Appointing Authority Effective Date: Revision History: 1/02 (491 HAY POINTS) 6/97 1995 ADA M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06N--Reso 5687, Authorizing Staff to Seek Repayment for Fitness Equipment--Miller.doc Item No.6N Type of Business: CA 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: Kathleen Miller, City Administrator Item Title/Subject: Resolution No. 5687 Authorizing Repayment of the Overpayment to Team Sports Specialties Date of Report: January 28, 2002 Background The Mounds View City Council discussed this item at its January 7, 2002 City Council Meeting. Staff has prepared the attached resolution seeking repayment of the overpayment for your review and consideration. Recommendation: Approve Resolution 5687 Authorizing Repayment of the Overpayment to Team Sports Specialties. Respectfully Submitted, ___________________________ Kathleen F. Miller City Administrator M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06N--Reso 5687, Authorizing Staff to Seek Repayment for Fitness Equipment--Miller.doc RESOLUTION NO. 5687 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING REPAYMENT OF THE OVERPAYMENT TO TEAM SPORTS SPECIALTIES WHEREAS, the City of Mounds View issued a check made out to Team Sports Specialties for $4,120.00; and WHEREAS, the City of Mounds View took possession of exercise equipment shipped by ICON, Inc. valued at $3, 416.67; and WHEREAS, the Mounds View City Council has reviewed this item at its January 7, 2002 City Council Meeting; and WHEREAS, a staff report dated January 7, 2002 is attached to this resolution; and WHEREAS, Richard Sonterre has agreed to reimburse the City of Mounds View on behalf of Team Sports Specialties for any difference; NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby direct staff to seek repayment of the overpayment made to Team Sports Specialties in an amount equal to $703.33. Adopted this 28thth day of January, 2002 ATTEST ___________________________________ Richard Sonterre, Mayor ____________________________________ Kathleen F. Miller, City Administrator (SEAL) Motion: Second: Sonterre: Quick: Stigney: Marty: Thomas: M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06N--Reso 5687, Authorizing Staff to Seek Repayment for Fitness Equipment--Miller.doc CONFIDENTIAL TO: CITY COUNCIL FROM: KATHLEEN MILLER, CITY ADMINISTRATOR SUBJECT: COMMUNITY CENTER EXERCISE EQUIPMENT DATE: JANUARY 7, 2002 At the December 10, 2001 City Council Meeting, the City Council directed me to: 1. Contact Icon to determine what the City of Mounds View was charged for five pieces of exercise equipment. 2. Review the payment made to Team Sport Specialties (TSS). 3. Determine if there was a difference between what TSS was billed by Icon and what the City paid to TSS. I contacted Nova Hanke at Icon (a distributor for Reebok) and requested that a copy of the invoice for the merchandise be sent directly to me. After several days I received a voice mail from Ms. Hanke stating that her legal counsel has advised her not to have any further involvement with the City of Mounds View and not to provide any further information to the City. I called Ms. Hanke and asked if she would be willing to verbally verify whether the information I had was correct. She did. Results: The exercise equipment that was shipped included the following: Item Number Quantity Unit Price Total RBTL1399 3 $840.00 $2,520.00 RBSY8258 1 $480.00 $ 480.00 RBEL6808 2 $390.00 $ 780.00 $3,780.00 The City of Mounds View received all but one of the items numbered RBTL1399. The Total cost to the City for merchandise received was $2,940.00. Shipping costs were $550.00 for the six items. According to Ms. Hanke, one-third of the shipping cost would have been attributed to the item numbered RBSY8258, at a cost of $183.34. The remaining shipping cost $366.66 was divided by five, with a cost of $73.33 for each item or a cost of $293.23 for the four items the City received. Total cost for equipment and shipping equals $3,416.67. M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\01-28-02\Item 06N--Reso 5687, Authorizing Staff to Seek Repayment for Fitness Equipment--Miller.doc The check made out to TSS was $4,120.00. The difference between the check made out to TSS and the cost to the City equals $703.33. Item No. 7B Meeting Date: January 28, 2002 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: Givonna Reed, Assistant City Administrator Item Title/Subject: Review of Proposed Ordinance 691, Amending Chapter 502 (Intoxicating Liquor) and Chapter 503 (3.2 Percent Beer) of the Municipal Code as They Relate to Charitable Gambling Date of Report: January 24, 2002 At the December 3, 2001 Work Session the Council staff gave direction to amend Chapters 502 and 503 of the municipal code as they related to charitable gambling. The intent of the amendments was to open the charitable gambling market in Mounds View to local organizations that do not necessarily have their headquarters in Mounds View, and to require charitable gambling to donate 10% of its net profits to the City. At the January 14, 2002 Work Session, the Council asked for information regarding: • Whether organizations that have more than one charitable gambling site are required to track which site profits were generated from. o The Gambling Control Board has indicated that organizations with more than one site are required to complete a Schedule A which requires that profits and donations be broken out by site. • How to ensure that licensed organizations spend a certain percentage of their funds in Mounds View rather than in other cities within the trade area. o The Gambling Control Board has advised that state statute does not allow cities to require charitable gambling organizations to expend a certain percentage of funds within a city, only within a city’s trade area. A culmination of requirements (such as a 3% tax and 10% fund) will discourage outside organizations with no substantial interest in Mounds View from seeking a license from the City. • How Roseville justifies having a 3% tax and the 10% fund. o Roseville uses funds from the 3% tax to cover the City’s administrative and law enforcement costs in regulating charitable gambling. Changes Made to the Proposed Ordinance Language regarding the following provisions have been added to the proposed ordinance per the discussion at the January 14, 2002 Work Session: 10% Fund The City may establish by ordinance a 10% fund, which requires that licensed organizations contribute up to 10% of net profits derived from gambling conducted at premises within the City’s jurisdiction. The City may only expend the funds for lawful purposes including police, fire, and other emergency or public safety-related services, equipment, and training. The fund may not be used for payment of pension obligations or general city functions. Trade Area Minnesota Statute 349.213, Subd.1 (b) gives the Council the authority to, by ordinance, require all licensed gambling organizations to expend all or a portion of their revenues on projects conducted or located within the City’s trade area. The ordinance must specify the percentage required and it must define Mounds View’s trade area, which includes all cities contiguous to Mounds View. In addition, this provision applies only to gross profits derived from lawful gambling conducted at premises within the City’s jurisdiction. 3% Tax The City may charge a 3% gambling tax or an investigation fee ($100). The tax may be imposed only if the amount is necessary to cover the costs to regulate gambling in the City. Reporting Requirements Each organization licensed to conduct charitable gambling in the City shall report monthly to the City its gross receipts, expenses, and profits from those activities in and the distribution of those profits, itemized as to payee, purpose, amount and date of payment. Organizations licensed to conduct charitable gambling at more than one site must provide the above-mentioned information for each site within the city. These requirements may be satisfied by submission of copies of the monthly reports required by the Gambling Control Board. Recommendation Adopt Ordinance 691. Ordinance 691 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW BY AMENDING CHAPTER 502 ENTITLED “INTOXICATING LIQUOR” AND CHAPTER 503 ENTITLED “3.2 PERCENT MALT LIQUOR” AS TO CHARITABLE GAMBLING The Mounds View ordains: SECTION 1. Section 502.13, Subdivision 2. Gambling Devices is amended to read as follows: (a). No licensee shall keep, possess or operate or permit the keeping, possession or operation of any slot machines, dice or any gambling device or apparatus on the licensed premises or in any room adjoining the licensed premises. Licensee shall not permit any gambling therein, except when in conjunction with an event licensed under Minnesota Statutes 349 and sponsored by a fraternal, religious, veteran or other nonprofit organization having its registered office located in the City, which has been in existence for at least three (3) years and has at least thirty (30) active members. (1988 Code §100.08) (b). No licensee shall conduct or permit to be conducted on any licensed premises "casino" or "Las Vegas" events where guests are allowed to participate in gambling activities, except when said guests are not required to provide monetary consideration for the right to participate in the event. (c). Each organization licensed to conduct lawful gambling within the City must contribute ten percent (10%) of its net profits derived from lawful gambling in the City to a fund administered and regulated by the City without cost to the fund for disbursement by the City of such receipts for lawful purposes. (d). By December 31st of each calendar year, a licensed organization conducting lawful gambling within the City shall expend 75% of its expenditures for lawful purposes conducted or located within the City’s trade area. The City’s “trade area” is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden Hills, New Brighton and Fridley. Ordinance 691 January 28, 2002 Page 2 (e). All organizations licensed to conduct lawful gambling within the City shall, within thirty (30) days of the end of each month, pay to the City an amount equal to three percent (3%) of the gross receipts from lawful gambling conducted in the City in such month, less amounts actually paid for prizes, to cover the City’s law enforcement and administrative costs in regulating charitable gambling. (f). Each organization licensed to conduct charitable gambling in the City shall report monthly to the City its gross receipts, expenses, and profits from those activities in and the distribution of those profits, itemized as to payee, purpose, amount and date of payment. Organizations licensed to conduct charitable gambling at more than one site must provide the above-mentioned information for each site within the city. These requirements may be satisfied by submission of copies of the monthly reports required by the Gambling Control Board. SECTION 2. SECTION 503.08, Subdivision 2. Gambling and Gambling Devices is amended to read as follows: (a). No licensee shall keep, possess or operate or permit the keeping, possession or operation of any slot machines, dice or any gambling device or apparatus on the licensed premises or in any room adjoining the licensed premises. Licensee shall not permit any gambling therein, except when in conjunction with an event licensed under Minnesota Statutes 349 and sponsored by a fraternal, religious, veteran or other nonprofit organization having its registered office located in the City, which has been in existence for at least three (3) years and has at least thirty (30) active members. (1988 Code §100.08) (b). No licensee shall conduct or permit to be conducted on any licensed premises "casino" or "Las Vegas" events where guests are allowed to participate in gambling activities, except when said guests are not required to provide monetary consideration for the right to participate in the event. (c). Each organization licensed to conduct lawful gambling within the City must contribute ten percent (10%) of its net profits derived from lawful gambling in the City to a fund administered and regulated by the City without cost to the fund for disbursement by the City of such receipts for lawful purposes. Ordinance 691 January 28, 2002 Page 3 (d). By December 31st of each calendar year, a licensed organization conducting lawful gambling within the City shall expend 75% of its expenditures for lawful purposes conducted or located within the City’s trade area. The City’s “trade area” is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden Hills, New Brighton and Fridley. (e). All organizations licensed to conduct lawful gambling within the City shall, within thirty (30) days of the end of each month, pay to the City an amount equal to three percent (3%) of the gross receipts from lawful gambling conducted in the City in such month, less amounts actually paid for prizes, to cover the City’s law enforcement and administrative costs in regulating charitable gambling. (f). Each organization licensed to conduct charitable gambling in the City shall report monthly to the City its gross receipts, expenses, and profits from those activities in and the distribution of those profits, itemized as to payee, purpose, amount and date of payment. Organizations licensed to conduct charitable gambling at more than one site must provide the above-mentioned information for each site within the city. These requirements may be satisfied by submission of copies of the monthly reports required by the Gambling Control Board. SECTION 3. This ordinance takes effect 30 days after its publication. First read by the City Council of the City of Mounds View this 10th day of December, 2001. Read and passed by the City Council of the City of Mounds View this 28th day of January, 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator Ordinance 691 January 28, 2002 Page 4 APPROVED AS TO FORM: Scott Riggs, City Attorney Approval Motion: Second: Sonterre: Stigney: Quick: Marty: Thomas: SJR-137976v3 MU125-32 [Redlined #1] ORDINANCE NO. 689 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO CIGARETTE AND TOBACCO PRODUCTS AND AMENDING TITLE 512 OF THE MOUNDS VIEW MUNICIPAL CODE THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Title 512 of the Mounds View Municipal code shall be amended to read: CHAPTER 512 CIGARETTE AND TOBACCO PRODUCTS SECTION: 512.01: Definitions 512.02: License Required 512.03. Application 512.034: License Restrictions 512.04: Prohibited Sales 512.05. License fee; Term; Transfer 512.06. Display of License 512.057: Penalties 512.068: Suspension Or Revocation 512.079: Hearing And Notice 512.108: Exception 512.01: DEFINITIONS: Subd. 1. TOBACCO-RELATED PRODUCT: Cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flower, cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scrips, clippings, cuttings and sweepings of tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco related devices. Subd. 2. VENDING MACHINES: Any mechanical, electric or electronic device, SJR-137976v3 MU125-32 appliance or any other medium or object designed or used for vending purposes which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products. (Ord. 553, 4-24-95) 512.02: LICENSE REQUIRED: No person shall directly or indirectly keep for retail sale, sell at retail, or otherwise dispense tobacco products unless licensed by the City. License applications shall be submitted to the Clerk-Administrator together with the license fee as determined from time to time by City Council resolution. A license shall be issued for a specific premises identified in the application and shall expire on December 31 of each year. (Ord. 553, 4-24-95)No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispose of tobacco at any place in the city unless a license therefor shall first have been obtained as provided in this section. 512.03. Application. Subd. 1. Contents. Application for a license required by the provisions of this section shall be made to the City Clerk-Administrator on a form supplied by the City. Such application shall state: (a) the full name and address of the applicant; (b) the location of the building and the part intended to be used by the applicant under such license; (c) the kind of business conducted at such location; and (d) such other information as shall be required by the application form. Subd. 2. City Council Review. Upon the filing of an application with the Clerk- Administrator, it shall be presented to the City Council for its consideration. If granted by the Council, a license shall be issued by the Clerk-Administrator upon payment of the required fee. 512.034: LICENSE RESTRICTIONS: Subd. 1. General Restrictions. No license shall be issued under this section except to a person of good moral character. No license shall be issued to an applicant for the sale of tobacco at any place other than applicant's established place of business. A separate license shall be issued for the sale of tobacco at each fixed place of business, and no license shall be issued for a movable place of business. No person shall sell, offer for sale, give away, furnish or deliver any tobacco-related product to any person under eighteen (18) years of age. No person shall keep for sale, sell, or dispose of any tobacco containing opium, morphine, jimson weed, bella donna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine and other substances found naturally in tobacco or lawfully added as part of the manufacturing process. SJR-137976v3 MU125-32 Subd. 2. Possession by Minors. No person under the age of 18 years shall purchase, possess, or consume tobacco. Subd. 13. Vending machines used to dispense tobacco products shall not be located in an area which permits unrestricted access by a person under the age of eighteen (18) years even though such area may be under the supervision of the licensee or the licensee's agent or employee. This restriction shall apply to vending machines located in structures used for commercial, industrial, high-tech, office or public purposes. Subd. 24. Only one license is required for any or all vending machine(s) located on the premises of the licensee. Subd. 35. Every licensee is responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of tobacco products by an employee to a person under eighteen (18) years of age shall be considered an act of the licensee. (Ord. 553, 4-24-95) 512.04: PROHIBITED SALES: No person shall sell, offer for sale, give away, furnish or deliver any tobacco-related product to any person under eighteen (18) years of age. (Ord. 553, 4-24-95) 512.05. License fee; Term; Transfer. The fee for every license required by the provisions of this section shall be set by resolution of the City Council. The license is effective from January 1 to December 31st of each year. Payment of the license fee is due on or before the close of business on January 1st of each year. Licenses issued under the provisions of this section shall not be transferable from one person to another. 512.06. Display of License. Every license issued under the provisions of this section shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any authorized person upon request. 512.057: PENALTIES: Subd. 1. Any person selling or furnishing a tobacco-related product to any person under eighteen (18) years of age shall be guilty of an administrative offense and shall pay an administrative penalty of twenty five dollars ($25.00).Licensees. If a person licensed under this section or an employee of a person licensed under this section violates any provision of this ordinance, the licensee shall be charged an administrative penalty of $75.00 $150.00 If a person licensed under this section or an employee of a person licensed under this section violates any provision of this ordinance twice at the same location within 24 months of the initial violation, the licensee shall be charged an administrative penalty of $200.00 $400.00. If a person licensed under this section or an employee of a person licensed under this section violates any provision of this ordinance three times at the same location within 24 months of the initial violation, the licensee shall be charged an administrative penalty of $250.00 $500.00. No penalty under this section 512.07, subd. (1) shall take effect until the licensee has received notice, served personally or by mail, of the SJR-137976v3 MU125-32 alleged violation, and has had an opportunity for a hearing before the City Council. A decision by the city council that a violation of this ordinance has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 2. Any licensee whose employee violates any provisions of this Chapter is guilty of an administrative offense and shall pay an administrative penalty of fifty dollars ($50.00). (Ord. 553, 4-24-95)Individuals. Any person who sells tobacco to a person under the age of 18 years shall be charged an administrative penalty of $50.00 $100.00 for a first offense and $25.00 $50.00 additional for every subsequent offense. This penalty shall be in addition to the penalty charged under section 512.07, subd. (1). No penalty under this section 512.07, subd. (2) shall take effect until the person against whom the penalty will be charged has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. A decision by the City Council that a violation of this ordinance has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 3. Defenses. It shall be an affirmative defense to a charge of selling tobacco to a person under the age of 18 years in violation of this ordinance that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes, Section 340A.503, subdivision 6. Subd. 4. Minors. Any person under the age of 18 years who purchases, possesses, or consumes tobacco shall be treated as follows: for a first offense the violator will be referred to Northwest Youth and Family Services, and be required to complete NYFS’s Tobacco Education Program, and pay the related fees or expenses. A second violation will result in an administrative penalty of $50.00, and will also result in a referral to Northwest Youth and Family Services for monitored community service. Third or subsequent violations will be referred to the Ramsey County Attorney’s Office, Juvenile Court Division, for prosecution. Failure to comply with the requirements set forth above for a first or second offenses will result in an immediate referral to the Ramsey County Attorney’s Office for prosecution through the Juvenile Court Division. 512.068: SUSPENSION OR REVOCATION: In addition to any other penalty imposed under section 512.07, any license issued under this section may be suspended or revoked by the City Council for a violation of any provision of this Chapter if the licensee has been given a reasonable notice and an opportunity to be heard.Any violation of any provision of this Chapter may be cause for suspension or revocation. A second violation within twelve (12) months shall result in a suspension of at least not less than two (2) days seven (7) three (3) days. A third violation within a twenty four (24) month's time frame shall result in a suspension of at least five (5) not less than seven (7) thirty (30) ten (10) days,. A fourth violation within a twenty four (24) month time frame shall result in revocation of license for the balance of the year 365 ninety (90) days, and will require a mandatory hearing in front of the Mounds View City Council. (Ord. 553, 4-24-95) SJR-137976v3 MU125-32 512.079: HEARING AND NOTICE: Subd. 1. Revocation or suspension of a license shall be preceded by a hearing before the Police ChiefCity Council. A hearing notice shall be given at least ten (10) days prior to the hearing including notice of the time and place of the hearing and shall state the nature of the charges against the licensee. Judicial appeal shall be as provided for by state law. Subd. 2. An aggrieved party may appeal the decision of the Police Chief within ten (10) days of receiving notice of the City's action. The filing of an appeal stays the action of the Police Chief in suspending or revoking a license until the City Council makes a final decision. (Ord. 553, 4-24-95) 512.108: EXCEPTION: A person under eighteen (18) years of age who purchases or attempts to purchase tobacco-related products while under the direct supervision of a responsible adult for training, education, research or enforcement purposes shall not be subject to the penalties imposed by Section 512.05. (Ord. 553, 4-24-95) SECTION 2. This ordinance takes effect 30 days after its publication. Read by the City Council of the City of Mounds View this ____ day of ________, 2001. Read and passed by the City Council of the City of Mounds View this _____ day of _____________, 2001. Richard Sonterre, Mayor Kathleen Miller, City Clerk-Administrator APPROVED AS TO FORM: Scott J. Riggs, City Attorney PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting January 7, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:13 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, January 7, 2002 City Council Agenda. Council Member Marty requested that Item 4 be moved behind Item 5 to accommodate residents in attendance. Council Member Marty requested that Item 8B be tabled until January 28, 2002 because at the last Council meeting a motion was made to table the matter to the next Council Meeting that was scheduled to be held on January 14, 2002. He further commented that he feels this meeting is a special Council meeting because the regular meeting should have been on January 14, 2002. Council Member Marty asked that the matter be referred to the work session on January 14, 2002. He also noted that he has had telephone calls and public input about the matter. Council Member Thomas asked City Attorney Riggs if there was an issue with moving resident comment ahead of the closed session. City Attorney Riggs indicated that there was not an issue but reminded Council that there was other legal counsel in attendance to discuss threatened litigation. Council Member Quick indicated he would like to leave the agenda as presented. Council Member Stigney commented that the taxpayers of the City should be allowed to speak prior to the closed session. Mayor Sonterre indicated he did not have an issue with moving resident input ahead of the closed session. Mounds View City Council January 7, 2002 Special Meeting Page 2 MOTION/SECOND: Marty/Stigney. To Approve the January 7, 2002, City Council Agenda as amended. Ayes - 5 Nays – 0 Motion carried. 4. PUBLIC INPUT Mayor Sonterre requested that any resident comments pertain to the business of the City of Mounds View. Dennis Haames of 5511 Quincy Street addressed Council to indicate that there are mold problems at Pinewood Elementary School. He then explained that the mold problems are due to the leaking roof that needs to be replaced. He further explained that the $80 million school bond that was recently approved does not include fixing the roof and asked residents to contact the school district to ask that the roof be replaced. Mr. Haames indicated that residents need to get involved and make the calls in order to get the school district to have the roof replacement added to the budget that is to be submitted to the state in the spring. Mayor Sonterre indicated that the City Inspector had been working with the district this past fall and, in fact, nearly held up the opening of the school due to air quality safety issues. Community Development Director Ericson indicated that the City Inspector has been working with the school and has identified some problems. He indicated that the City has been told that the district is working to resolve those problems. He further indicated that there is only so much the City can do because the matter is a state issue. Council Member Marty indicated he had attended a town hall meeting last month at the Community Center and the air quality issue at the school came up. He then indicated he feels the City should look into the matter. He also noted that there was a meeting being held right now to discuss the matter. Mr. Haames indicated that there was an air quality task force meeting being held at the Mounds View Public Library to discuss the matter and indicated he was leaving this meeting to attend that one. Council Member Thomas indicated that she had been working with the air quality task force and noted that Ms. Osmonson has been doing a great job concerning the construction issues but explained that the City Inspector can only deal with the items currently under construction. Wendy Marty of 2626 Louisa Avenue indicated that she was asking for the fourth time in two and a half months for a copy of the letter that Mayor Sonterre had said he submitted to City Administrator Miller. She then indicated that on November 26, 2001 Mayor Sonterre indicated that the letter was sent to the City Administrator and stated it would be available to residents on Mounds View City Council January 7, 2002 Special Meeting Page 3 December 10, 2001. She further indicated that she had asked for a copy of the letter several times and recently received a message on her husband’s City Hall voicemail indicating that the letter would be available at the end of last week. City Administrator Miller indicated that the message left was for Council Member Marty. Ms. Marty indicated that the message said “and Wendy”. City Administrator Miller indicated that she has been advised by City Attorney Riggs that the letter is to be considered confidential and is not public at this time. City Attorney Riggs indicated that Council has not decided how to proceed on the matter. He then indicated that, if Council deals with the matter this evening, the letter will be made available to the public. Ms. Marty asked for the state statute that says she cannot have the letter now. City Attorney Riggs agreed to provide the statute to Ms. Marty later in the evening. Ms. Marty asked if there have been any issues with the fitness equipment. She specifically asked if any of the equipment had broken down and been repaired. City Administrator Miller indicated that, to her knowledge, there have not been any repairs made to the fitness center equipment. She then indicated that she and a representative from the YMCA had met with a representative from LMCIT to review the equipment. She further indicated that the representative from the insurance company had determined, and confirmed by letter, that there is no liability issue for the City and had advised the City to contact Reebok to determine whether or not there would be a warranty issue. Ms. Marty asked when the insurance company looked at the equipment. City Administrator Miller indicated that the insurance agent reviewed the equipment approximately three weeks ago and said she could check her calendar for the exact date. Ms. Marty asked if she could have a copy of the letter tomorrow. City Administrator Miller indicated she would provide a copy of the letter to Ms. Marty as soon as the City Attorney advises her that it is public information. Dana Mendoza of 2633 Clearview Avenue indicated he had stopped at the golf course to purchase a gift certificate and found that it was closed. He then asked why the course was closed early this year. City Administrator Miller indicated the matter was discussed with Council and, after reviewing the revenues versus the expenditures to keep the course open, it was determined that it was not Mounds View City Council January 7, 2002 Special Meeting Page 4 prudent to do so and the course was closed. She also commented that it is normal practice to close the course for the winter months. City Administrator Miller explained that the golf course staff was instructed to put an announcement on the door indicating the hours of operation. She also indicated that the announcement was to indicate that gift certificates could be purchased at City Hall. Mr. Mendoza questioned why there were more attorneys at the meeting and then stated “this is getting a little expensive isn’t it.” City Attorney Riggs indicated that the City is being advised through the League of Minnesota Cities on a matter. City Administrator Miller explained that the attorneys present were through the insurance company. Mr. Mendoza commented that he did not think it would take very much to settle the fitness equipment matter. He then asked Mayor Sonterre, as the business owner, to take care of the matter to prevent any more expense to the taxpayer. Mayor Sonterre agreed that the matter should be easily resolved. Mr. Mendoza said he would appreciate it if the Mayor took care of it. Council Member Marty questioned why the City Administrator felt it was costing more to keep the course open than would be brought in and noted the remaining employees at the golf course are salaried. City Administrator Miller indicated that numbers on the golf course were provided to Council. She then indicated that the City chose to close the golf course and require those employees to use the flex time and vacation time they had accrued to limit the City’s liability for that flex and vacation time. Council Member Marty indicated he had stopped by the golf course on the last day and the staff had installed pins in front of the greens and were still getting calls for tee times. He further commented that the greens were not open but there were artificial greens set up 20 yards in front of them. City Administrator Miller indicated that she had provided Council with the revenues that the City had on file for the last time period that they were available from the finance department. She then commented that, after reviewing the numbers, Council had given the direction to have the course closed. Council Member Marty commented that the City Administrator had told Council that the greens were covered so no one could golf. Mounds View City Council January 7, 2002 Special Meeting Page 5 City Administrator Miller indicated that it was her understanding that the greens were covered. Council Member Thomas commented that the money being brought in by remaining open with the artificial greens was 1/5 of the operating budget to keep the course running. David Jahnke of 8428 Eastwood Road stated that he agreed with the comments of Mr. Mendoza and said he hopes a lesson was learned on that one. Mr. Jahnke then commented that he had just read about the issues surrounding the Mayor in St. Croix and said, while he is not comparing that situation to this, he hopes that this Council will make employees and elected officials accountable for their actions. Mr. Jahnke indicated he did not feel it was right for city employees to be using the public works garage for personal work such as washing cars and making repairs and asked Council to make sure that is not happening. 5. CLOSED SESSION Council recessed to a closed session at 7:35 p.m. Council reconvened at 8:02 p.m. 6. UNFINISHED BUSINESS None. 7. CONSENT AGENDA A. Just and Correct Claims B. Licenses for Approval C. Resolution 5686 Approving SEH’s Supplemental Agreement Letter D. Resolution 5677 Establishing the City of Mounds View Official Calendar for the year 2002 E. Set a Public Hearing for 7:05 p.m., January 28, 2002 to Consider a Conditional Use Permit and Development Review for the Edgewood Middle School Facility Expansion, CU01-004 and DE01-005 F. Set a Public Hearing for January 28, 2002 at 7:10 p.m. for the Second Reading and Adoption of Ordinance 691, Amending Chapter 502 (Intoxicating Liquor) and Chapter 503 (3.2 Percent Beer) of the Municipal Code as They Relate to Charitable Gambling G. Resolution 5673 Approving 2001 Transfers H. Resolution 5680 Approving Seasonal Ice Rink Maintenance Position I. Resolution 5684 Approving Application for a Body Armor Replacement Grant J. Resolution 5685 Authorizing Payment to Northwest Youth & Family Services for the Year 2002 Mounds View City Council January 7, 2002 Special Meeting Page 6 K. Resolution 5681 Hiring a Public Works Maintenance Worker Council Member Marty requested that Items 7E, 7F, and 7H be removed for discussion. MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item 7E as presented. Council Member Marty indicated he had not received any information on this item in his packet and was curious as to why. Community Development Director Ericson indicated that this item had not been presented to Council and the Consent Agenda item was to set the public hearing so that it could be brought before Council on January 28, 2002. Council Member Marty asked if the matter would be discussed at a work session prior to coming to the Council meeting. Director Ericson indicated he would provide a brief staff report on the matter at the January 14, 2002 work session. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item 7F as presented. Council Member Marty indicated he did not have anything in his packet on this item and asked if Council would be voting on the matter at the January 28, 2002 meeting. Assistant City Administrator Reed indicated that this item was before Council at a work session and Council had asked that it be placed on the Council agenda on December 10, 2001 for a first reading. She then indicated that the Consent Agenda item sets the public hearing for the second reading and adoption before Council at the January 28, 2002 meeting. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item 7H as Presented. Council Member Marty asked whether this employee could be considered full time and be subject to benefits. Assistant City Administrator Reed indicated she had spoken with Labor Relations Associates and was told that as long as the employee is hired for a different position with a clear start and end date there should not be an issue. She then commented that the position is completely different from the previous position held by the employee. Council Member Stigney asked if the position had been advertised. Mounds View City Council January 7, 2002 Special Meeting Page 7 Assistant City Administrator Reed indicated that the City had not advertised for the position as it was the intent to handle this position in the same way other positions were handled earlier in 2001 whereby Council approves the position and Staff is responsible for filling the position. Council Member Stigney commented that it seems that Staff already has someone in mind for the position. He then asked if Staff would be advertising for the position. Assistant City Administrator Reed indicated she had received the information from the Parks Foreman who had told her that he would like this individual for this particular position because the person has the experience and training needed for this position. Council Member Stigney commented that this seemed to be slightly askew from the normal procedure but said, since the job ends in February, he does not have an issue with it. Assistant City Administrator Reed indicated she was not sure to what extent Parks has advertised seasonal positions in the past but said she is aware that one of the goals has been to use some of the same individuals, if possible, to keep training costs down. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Marty/Thomas. To Approve Consent Agenda Items 7A, B, C, D, G, I, J, and K as Presented. Council Member Marty commented that Mr. Hansen’s explanation of just and correct claims was very good. He also indicated he liked both formats that were provided but prefers the third format. Ayes – 5 Nays – 0 Motion carried. 8. COUNCIL BUSINESS A. Consideration of an Appeal of the Planning Commission Denial of a Variance Requested by Harstad Companies Regarding the Proposed Longview Estates Major Subdivision, Planning Case VR01-010. Community Development Director Ericson explained that this item was on Council’s agenda on December 10, 2001 for a public hearing. He then indicated that there was significant discussion, and a vote taken that resulted in a two to two tie. Director Ericson provided a summary of the case for Council review and noted that Rice Creek Watershed has tabled approval of the subdivision with authorization for administrative approval pending receipt of title documents. Mounds View City Council January 7, 2002 Special Meeting Page 8 Director Ericson indicated that after considerable discussion the Planning Commission decided, though not by unanimous vote, that the applicant did not meet the hardship requirements and denied the variance. Director Ericson indicated that Staff is of the opinion that a hardship could be justified in this case because of the expectation of development established when the utilities were run to the property. He then indicated that Staff is still of the opinion that there is enough justification that hardship could be established but noted that Staff is concerned about the suitability of the soils and hydrology in the area and would like to see soil borings to determine whether the lots would be buildable. Barbara Koziak of 5173 Red Oak Drive indicated that she bought her property in 1973 and was told that the stretch of land between Long View Drive and Silver Lake Road was a wetland and would stay a wetland. She then indicated that, while the property around the wetland is not wet enough to qualify as waterfront property, it is very wet. She also indicated that she had heard that the peat goes down 80 feet but said she has no evidence of that. Ms. Koziak indicated she was concerned that the changes to the water table, because of the addition of the homes with impervious surfaces, would damage her property by causing water to build up on it. She then commented that she feels adding eight houses to the area is questionable but eleven would be inappropriate. Dave Tillman of 5166 Longview Drive indicated he wanted Council to be aware of the fact that the eleven lots will meet the 20,000 square foot requirement but the people buying them are buying half swamp and the City will be responsible to make sure that the owners do not fill in the wetland. He then asked the City to uphold the ordinance because it was established to protect the wetlands. He also asked if an environmental assessment had been done. Council Member Stigney asked Community Development Director Ericson or the City Engineer to respond to the water and peat questions raised. Rocky Keehn, SEH indicated he had done a brief review of the proposed subdivision and indicated there is a ditch to stabilize water flows. He then recommended looking at the high water level to determine whether there would be an impact. He also suggested checking to see what type of impact the additional runoff would have on the overall storm water management of the City. Rocky Keehn, SEH, indicated that the individual property owners would need to apply for permits each time they wished to do anything with their backyard and suggested that the City may want to take over the wetlands to ensure that nothing is dumped in them. Mayor Sonterre questioned whether the addition of these homes would have an impact on the holding capacity of the ponds at Woodcrest Park. Mounds View City Council January 7, 2002 Special Meeting Page 9 Rocky Keehn, SEH, indicated that when the Woodcrest holding ponds were designed the addition of 11 houses on that property was not considered. He then indicated that there is an emergency overflow built into the holding pond but said the City would need to look into erosion control and the impact on the system as a whole. Council Member Thomas clarified that the issue before Council was whether hardship could be established in order to grant the variance. She then commented that she has not seen or heard anything to convince her that the hardship requirement has been met. MOTION/SECOND: Thomas/Marty. To Waive the Reading and Approve Resolution 5659, Version 1 Upholding the Planning Commission’s Denial of a Variance for the Longview Estates Major Subdivision, VR01-010. Ayes – 3 Nays – 2 (Stigney/Quick) Motion carried. Council Member Marty asked if an environmental assessment worksheet had been done. Director Ericson indicated that Rice Creek Watershed District had determined that an environmental assessment worksheet was not necessary. He then indicated that an environmental assessment worksheet could be done if asked for by petition from the residents. B. Second Reading and Adoption of Ordinance 689 Revising Chapter 512 of the Tobacco Ordinance A. Second Reading and Adoption of Ordinance B. Stigney, Thomas, Quick, Marty, Sonterre This item was removed from the Council Meeting Agenda and put on the work session agenda for January 14, 2002. Council Member Marty asked if the Deputy Chief would be at the work session on January 14, 2002. City Administrator Miller indicated that the Deputy Chief would be at the work session on January 14, 2002. C. Consideration of Resolution 5682, a Resolution Approving a Minor Subdivision of 730 Woodlawn Drive and 718 Edgewood Drive, Planning Case MI01-005 Community Development Director Ericson explained that this item is a request for a minor subdivision that would approve a property line change. He indicated that the applicant owns both pieces of property and would like to shift the back property line back to allow for more room on the duplex lot to allow for a future garage addition. Mounds View City Council January 7, 2002 Special Meeting Page 10 Director Ericson indicated that the Planning Commission had reviewed the request and had recommended approval. He then read through the stipulations included with the Resolution and indicated that Staff is in support of the request. Council Member Quick asked why no park dedication fee was required. Director Ericson indicated that according to the City’s Code, because no new lots are being created and no new dwelling units added, a park dedication fee is not required. Council Member Quick expressed concern that this is commercial property that is being expanded and has the potential for future development expansion and he feels there should be a park dedication fee required. MOTION/SECOND: Thomas/Quick. To Waive the Reading and Approve Resolution 5682, a Resolution Approving a Minor Subdivision of 7630 Woodlawn Drive and 7618 Edgewood Drive, Planning Case MI01-005. Ayes – 5 Nays – 0 Motion carried. D. Resolution 5678, Appointing Official Newspaper, Acting Mayor, Treasurer and Official Depository for the Year 2002. City Administrator Miller indicated that this Resolution takes care of housekeeping issues that are typically handled at the first Council meeting of the year. She also indicated that state statute and the City Charter require that a treasurer be appointed. Mayor Sonterre, Council Member Thomas and Council Member Quick indicated they would like to continue using the Focus as the official newspaper. Council Member Marty suggested using the Bulletin as the official newspaper because the rates are cheaper and he feels the coverage of City events is better with less advertising than the Focus. City Administrator Miller explained that the Bulletin does not have the ability to receive documents from the City by e-mail. She then noted the ability to use e-mail to send documents to the newspaper saves on Staff time and reduces the likelihood of errors. Council Member Stigney asked the reporter from the Bulletin that was at the meeting if there was a reason the Bulletin cannot accept e-mail. The reporter indicated that the Bulletin does not have e-mail at the office and said he was not sure when e-mail would be available. Council Member Stigney indicated he would like to support the Bulletin as the official newspaper because the rates are lower and the City gets better coverage but said he feels the City Mounds View City Council January 7, 2002 Special Meeting Page 11 should use the Focus for this year and suggested the Bulletin get e-mail capability as soon as possible. Council Member Marty indicated that the Bulletin does have fax capabilities. City Administrator Miller indicated that e-mailing is faster and reduces the opportunity for errors because the paper receives information directly from the City and does not have to duplicate it to put it in the newspaper. It was the consent of Council to use the Focus as the primary paper. It was the consent of Council to use the St. Paul Pioneer Press as the secondary paper. It was the consent of Council to appoint Council Member Stigney as Acting Mayor. Council Member Stigney commented that the way the Resolution is worded implies that the City uses Western Bank for its investments. Finance Director Hansen indicated that the only investment at Western Bank is a money market account. He then indicated that putting Western Bank on the list for potential investments would allow investments to be made, if necessary. He further indicated that Western Bank is not the City’s primary investment firm. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5678, a Resolution Appointing Official Newspaper, Acting Mayor, Treasurer and Official Depository for the Year 2002. Ayes – 5 Nays – 0 Motion carried. Council Member Stigney commented that there was a listing of other investment banks and asked if others would be added if Staff determined there was a cheaper or better rate available. Finance Director Hansen indicated that, if he found a reason to do business at another institution, he would bring a resolution back to Council for approval. Ayes – 5 Nays – 0 Motion carried. E. Resolution 5679, Appointing City Council Members and City Administrator as Representatives for City Commissions and Other Organizations. Council Member Quick indicated he would like the same appointments as last year. Mayor Sonterre asked who was assigned to the Fire Relief Association. Mounds View City Council January 7, 2002 Special Meeting Page 12 It was determined that Council Member Marty would attend the Fire Relief Association meetings. Council Member Marty asked why two Council Members were assigned to the Cable Committee and the Economic Development Commission. City Administrator Miller indicated that there were two representatives last year. Council Member Marty commented that he felt that Northwest Youth and Family Services was worthwhile and indicated there was not a liaison for that organization last year. Mayor Sonterre read through the appointments. Community Development Director Ericson indicated that the Economic Development Commission had specifically requested that Council consider appointing someone to act as liaison to the Committee. Mayor Sonterre agreed to attend the Economic Development Commission meetings. MOTION/SECOND: Marty/Thomas. To Waive the Reading and Approve Resolution 5679, a Resolution Appointing City Council Members and City Administrator as Representatives for City Commissions and Other Organizations. Ayes – 5 Nays – 0 Motion carried. F. Appointment of Planning Commission Chair Mayor Sonterre indicated that Council needed to appoint a Chairperson for the Planning Commission and noted that the Planning Commission had recommended Gary Stevenson as Chairperson. Community Development Director Ericson indicated that the recommendation of appointment of Gary Stevenson as Chairperson was unanimous by the Planning Commission MOTION/SECOND: Sonterre/Quick. To Approve the Appointment of Gary Stevenson as Chairperson of the Planning Commission. Ayes – 5 Nays – 0 Motion carried. 9. SPECIAL ORDER OF BUSINESS None. 10. REPORTS Mounds View City Council January 7, 2002 Special Meeting Page 13 Council Member Thomas indicated she had been following the issues at Pinewood Elementary and suggested that residents go to the school board with questions and concerns. She also noted that the City is watching with great interest the details of the new construction. Mayor Sonterre indicated that at the last Ramsey County League of Local Governments meeting the guest speaker was Tom Howser, a political reporter for Channel 5 News. He then indicated that, after some debate, the meeting attendees were able to convince Mr. Howser to host a meeting concerning the affects of the changes in the state budget on cities. Council Member Marty asked how many positions are open on the Planning Commission. Community Development Director Ericson indicated that there were two positions open on the Planning Commission. Council Member Marty commented that he had heard that Sherri Gund had applied for a seat on the Planning Commission approximately two months ago and asked why that appointment had not come to Council. Mayor Sonterre indicated that Ms. Gund had delivered a letter to the Park and Recreation Committee indicating she had conflicts for the remainder of the winter months and a few spring months with meeting on Wednesday night. He then noted that, since the Planning Commission meets twice per month on Wednesday nights, he did not bring the appointment to Council. Council Member Marty asked how this meeting changed from a work session to a Council Meeting. City Administrator Miller indicated that Council Member Thomas had suggested flipping the meeting and the work session in lieu of having two meetings in one evening. She then indicated that she had consulted with the Mayor who agreed and the change was made. Council Member Marty indicated that he does not use his e-mail very much and asked if someone could call him to tell him of meeting changes in the future. Council Member Quick indicated he does not use e-mail and he knew about the meeting change. He then indicated that a conscious effort to stay in contact with Staff would help. Council Member Marty indicated he was not aware that City Administrator Miller was out of the office and had left a number of messages for her not knowing she was not available. City Administrator Miller indicated that a couple of weeks ago when Council Member Marty was in her office she had explained to him that she had a situation where a family member required some assistance and she would be taking flex time at the end of the year to assist them but did not yet know the date. She also indicated that Ms. Babekuhl and Ms. Reed were aware that she was out of the office and suggested that Council Member Marty should have contacted Ms. Reed Mounds View City Council January 7, 2002 Special Meeting Page 14 if he was unable to contact her. She then apologized for not checking her voice mail while she was out of the office but noted she had responded immediately upon her return. Council Member Marty indicated that there had not been a golf course committee meeting for quite some time. He then asked if the committee had been disbanded and noted that there were issues with the golf course that he felt Council needed to keep up to speed on. Mayor Sonterre explained that the golf course committee was a component of Mr. Hammerschmidt’s operating contract and, since the contract has been terminated, the committee does not exist. He then indicated that the Council would need to determine whether a committee is needed. Council Member Marty commented he was not sure if a committee was needed and then commented he feels that the requirements of the charter are important and would help to keep Council informed. Council Member Thomas indicated the Charter Commission was working on a recommendation for Council. She then indicated that the matter should be discussed with the new golf course manager when that individual starts. Council Member Marty asked how the search for the golf course manager was proceeding. City Administrator Miller explained that Staff is working on the job description which will be presented to Council for discussion at the work session on January 14, 2002. Council Member Marty asked when Council would meet the new public works director. City Administrator Miller introduced Greg Lee, the new Public Works Director, to Council. Mr. Lee thanked Council for hiring him and said he looks forward to working with Council. Council welcomed Mr. Lee. Mayor Sonterre asked if a date had been set for the first quarter retreat and, if so, had the format and location been determined. City Administrator Miller indicated that the date was in February but said she was not sure of the exact date. Mayor Sonterre asked City Administrator Miller for information as to the format for the retreat. City Administrator Miller indicated that the format had not yet been established and suggested discussing the matter at the January 14, 2002 work session. Mounds View City Council January 7, 2002 Special Meeting Page 15 City Administrator Miller indicated that during the closed session on December 10, 2001 the Council had discussed the fitness equipment at the Community Center and had directed her to contact the company for information. She then indicated that she had prepared a report for Council review and noted that she had difficulty in obtaining written confirmation of the figures due to numerous telephone calls placed by certain individuals to Icon, the distributor for Reebok. She further indicated that the report had been reviewed by the City Attorney prior to being given to Council. Council Member Stigney asked if this item should be discussed in a closed session. City Attorney Riggs indicated that it was noted at the closed session discussion that Council did not have information from a direct City source and that is what City Administrator is now providing. He then indicated the information is public data and could be discussed at the open meeting. Council Member Stigney questioned whether the item of discussion was no longer a closed session item. City Attorney Riggs indicated that, at this point, the item is public information. He then indicated that it could be necessary in the future, based on Council’s decision as to how to proceed, to close it again. Mayor Sonterre asked if the item required action at this meeting or would be dealt with at a future meeting. City Attorney Riggs indicated that the City Administrator had provided the information to him today after verifying the information. He then advised Council to review the information and decide how to proceed. He also noted that Mr. Sonterre may wish to dispute some of the information after reviewing it. Council Member Stigney indicated he thought that City Administrator Miller was asked to determine whether the equipment was home equipment rather than commercial, what the warranty was, and ask the vendor if the warranty could be extended. City Administrator Miller indicated that, according to verbal information received from the vendor, the warranty would not be extended because the equipment is in the Community Center. She then indicated that the liability issue was resolved because the representative from LMCIT determined that there would not be an issue. She also noted that the current usage is no more than what the at home usage would be based on documentation obtained from the YMCA that indicates a less than one hour per day usage rate. City Administrator Miller indicated that Staff had thought the vendor would extend the warranty based on the limited usage but declined to do so because the equipment is in a public setting making the warranty void. Mounds View City Council January 7, 2002 Special Meeting Page 16 Council Member Stigney asked what the warranty would have been if the equipment were not in a public setting. He then indicated that the Mayor was told, when he placed the order, that the equipment was for in home use. City Administrator Miller indicated the equipment was purchased through a catalog and she is not sure that anyone on Staff checked to see if was commercial equipment. She also indicated that, when the City took ownership of the equipment, no one checked the equipment either. Council Member Stigney commented that it was his understanding, during closed session discussions, that when TSS placed the order Reebok informed Mr. Sonterre that the equipment was for in home use and was not to be used in a commercial setting. He then said he feels that the Mayor, as owner of TSS, should uphold whatever the warranty would have been. Mayor Sonterre indicated that it was the opinion of Reebok that he was made aware of the fact that the equipment was in home equipment and he has disputed that fact. Council Member Stigney indicated that Mayor Sonterre sold the equipment knowing it was going into a commercial setting. He then indicated that since the equipment is not covered by warranty he feels the person who sold the equipment, Mayor Sonterre, should provide whatever the Reebok warranty would have been Mayor Sonterre indicated that the equipment was part of an apparel catalog and he does not sell the equipment and knows nothing about it. He indicated he never received any information on the product other than the two-page portion of the apparel catalog. He then explained that while on the Parks Commission he offered the catalog to the Commission because the Commission was interested in purchasing equipment for the Community Center. He further explained that his only involvement in the process was to provide the catalog and allow the City to use his account with the vendor to purchase the equipment. Mayor Sonterre indicated he had provided the catalog with the understanding that City Staff would review the equipment before making its recommendation to the Commission and Council. He then indicated that, at the following Commission meeting, pictures of the equipment were shown and information given that the YMCA had decided to purchase the equipment. He further indicated that he had no conversations with anyone concerning the equipment prior to the decision being made to purchase the equipment. Mayor Sonterre indicated that he never intended to do anything other than facilitate the sale. He indicated that he does not sell the equipment and never made any claims concerning that equipment. He then commented that, if it is determined that there were billing errors made by his company, he would stand by his word and take care of it. Council Member Stigney commented that he believes Mayor Sonterre was aware at the time that the equipment was for in home use. He then said if, as claimed, the Mayor was not aware he is aware now. Council Member Stigney asked Mayor Sonterre to provide a warranty equivalent to what would have been provided by Reebok. Mounds View City Council January 7, 2002 Special Meeting Page 17 Council Member Thomas indicated she was not comfortable asking a company that is not the manufacturer to warrant the product. She then suggested that the City needed to research what type of warranty would have been provided and what it would cost to purchase an extended warranty for the equipment. Council Member Marty indicated that the City has a letter from Icon stating that Mr. Sonterre was informed, at the time the order was placed, that the equipment was for in home use. Council Member Thomas indicated that whether or not Mayor Sonterre was aware of the fact that the equipment was for in home use is a “he said – she said” situation and does not solve the warranty issue. Council Member Marty indicated he would like Staff to check on how the equipment is holding up. City Administrator Miller indicated that when she had last spoken to the YMCA concerning the equipment she was told that none of the equipment had been broken. She then indicated that the YMCA does regular maintenance on the equipment. She further indicated that during discussions with LMCIT it was determined that regular maintenance on the equipment would prolong the life of the equipment. City Administrator Miller indicated that she had been given direction to look at the discrepancy between what the City paid and what the City should have paid and that is in the report. Council Member Thomas asked if it was the consent of Council to direct Staff to look at warranty options or secondary warranties that could be purchased. Council Member Stigney said he wants Mayor Sonterre to provide the warranty. Council Member Thomas indicated she refused to vote on the matter before having more information on the warranty. Mayor Sonterre indicated that the equipment has been in place for approximately 13 months and he would be very surprised if any manufacturer provided a 12-month warranty. MOTION/SECOND: Thomas/Quick. To Direct Staff to Research the Warranty Issue and Provide Information to Council for discussion. Council Member Marty indicated that the City ordered RBTL1598 and received RBTL1399. He then asked why the City paid for one model and received another. Council Member Stigney said he feels that when you sell equipment to somebody you, as the business owner, should warrant the equipment if it fails. Mounds View City Council January 7, 2002 Special Meeting Page 18 Mayor Sonterre commented that, if the equipment fails, he feels it is the fault of the YMCA representative for not investigating the equipment prior to purchasing it. MOTION/SECOND: Quick/Thomas. To Call the Question. Ayes – 4 Nays – 1 (Marty) Motion carried. Ayes – 3 Nays – 2 (Stigney/Marty) Motion carried. Council Member Quick asked City Administrator Miller if the YMCA was given a catalog and came up with the product. He also asked if the YMCA accepted that product when it was delivered. City Administrator Miller indicated that Council Member Quick was correct. Council Member Quick asked what the role of the person overseeing the finances of the City was in this scenario. City Administrator Miller indicated there were a number of problems with the purchase. Council Member Quick asked whether the Commission approved the purchase and ordered the equipment without Council approval and then accepted delivery of that equipment. City Administrator Miller indicated the check was issued before the equipment was accepted. Council Member Quick asked who issued the check. City Administrator Miller indicated the Finance Director issued the check. Council Member Quick commented that the Finance Director involved in this matter is no longer employed by the City. City Administrator Miller indicated that when the City took ownership of the equipment it came to her attention that there seemed to be a discrepancy in what the City paid for the equipment. Council Member Quick commented that the City paid somebody to run its finances that could not catch the discrepancy, and is paying somebody over at the Community Center that accepted the equipment and that person did not check to see what it was they were accepting. He further commented that there is a witch-hunt and someone is trying to hang something on somebody. Council Member Quick stated he is of the opinion that the whole system broke down and that is why the City is in the situation it is currently in. He further commented that he has a hard time pointing fingers at one individual and making him the fall guy. Mounds View City Council January 7, 2002 Special Meeting Page 19 Council Member Quick commented that City Administrator Miller had said that she had difficulty obtaining information from the vendor because there was so much interest in the information. He then asked who was contacting the vendor. City Administrator Miller indicated that Council Member Marty, Wendy Marty, and Shannon from the YMCA were contacting the vendor. Council Member Quick asked whether any of the individuals doing the information hunting were authorized to do so by the City. He then commented that the ultimate end of the fact-finding calls was to muddy the waters and make it more difficult for the City to find the truth. City Administrator Miller indicated that, to her knowledge, the individuals were not authorized by the City to conduct information hunting. Council Member Marty indicated that the check was issued and cashed in June but the equipment was not ordered until December. He said he would like to know what TSS did with the money prior to ordering the equipment. He also indicated that the City was invoiced for and paid for RBTL1598 but received RBTL1399 and that is a lesser model. He then indicated he would like to receive an update from the YMCA as to the condition of the equipment. City Administrator Miller indicated she would ask the YMCA for an update on the condition of the equipment at the community center. City Attorney Riggs indicated that the City would run into a serious problem with trying to ask what any private entity does with its dollars. He then agreed with Council Member Quick that the system broke down badly and noted that, based on conversations he has had with the City Administrator, it is questionable whether the city has a valid contract with TSS. He further commented that Council needed to decide how far to go out with this matter because he thinks the City is chasing good effort after bad. City Attorney Riggs indicated that the issue of warranty could be researched and then commented that either Council takes the response provided by Mayor Sonterre or it does not. He then indicated that the City has had problems obtaining information from the vendor and he would be surprised if the City would be able to get any more information because the City is not the direct purchaser of the equipment. He further commented that the matter is so bungled at this point that it would be very difficult to come to a resolution on the numbers. City Attorney Riggs indicated that Council had asked for information based on what recourse Council may have and the City Administrator was attempting to respond to that request. Council Member Thomas asked whether the City had any legal authority to obtain expense information from a private company. City Attorney Riggs indicated it would depend on the contractual relationship between the company and the City and it is arguable that the contract was void from the start. He then Mounds View City Council January 7, 2002 Special Meeting Page 20 commented that, if the City had followed proper protocol, this never would have been done. He further commented that if he had been asked he would have told the City it was illegal. He also commented that, if proper purchasing procedures had been followed, meaning Staff would come to Council for approval of the purchases, this would not have happened and there is no evidence that Staff ever brought this forward for approval. Mayor Sonterre asked, for clarification, whether the actual purchase was illegal by City Code or state statute. City Attorney Riggs answered that the City did not follow the established process. Council Member Quick commented that City Staff did not follow the established process. City Attorney Riggs confirmed that Staff did not bring the matter to Council for any type of normal purchasing approval and said, from that standpoint, there is a question of whether the City ever authorized the purchase. Mayor Sonterre asked the City Attorney whether the actions and investigations of Council Member Marty were in violation of the City’s Charter as it pertains to investigations. City Attorney Riggs indicated that the Charter was set up to allow the authority for investigations to lie with the Mayor or the Council as a whole. He then commented that, as noted, it appears that the City is having difficulty obtaining information due to the contacts that were made. He further commented that he would need to further research whether or not it was a violation of the City’s Charter. MOTION/SECOND: Quick/Thomas. To Direct the City Attorney to Research Whether the Actions of Council Member Marty Concerning the Fitness Center Equipment Investigation Are in Violation of the City’s Charter and Provide a Written Report to Council. Council Member Stigney commented that he felt it was not necessary to pay the City Attorney to review the City’s Charter and provide a report. Ayes – 3 Nays – 1 (Stigney) Motion carried. Council Member Marty abstained from voting on the matter. Council Member Quick made a point of order that Council Member Marty needed Council permission to abstain from voting and stated he did not give his permission for Council Member Marty to abstain. Council Member Marty stated that he felt, since the matter concerned him, he should abstain from voting. He then asked Council for permission to abstain from voting. Mounds View City Council January 7, 2002 Special Meeting Page 21 It was the consent of Council, with the exception of Council Member Quick, to allow Council Member Marty to abstain from voting on the matter. Council Member Marty indicated that all the information provided had already been provided to the City Administrator and was simply verification of public information. City Attorney Riggs agreed that the information was public and stated that he had advised Council that they could not handle this matter in a closed session. Council Member Stigney stated that Mayor Sonterre had indicated that he did not make a profit on the equipment but, if he understood his own accounting system, he would realize that he made a profit of approximately $700.00 and the City would have saved time and money. He then commented that he feels, in the interest of ethics, the Mayor should pay the settlement so that the City can move on. Council Member Quick indicated that he would like a discussion of the legislative agenda to be added to the work session agenda for January 14, 2002. Council Member Marty asked who authorized the attendance of the Mayor at the last two National League of Cities Conferences that were out of state. He then commented that he was not aware that the Mayor had gone to the last conference until after the fact. City Administrator Miller indicated that during the budget process there are dollars set aside for attending conferences. She then indicated that, if Council wants to authorize attendance at conferences in the future that can be done. Mayor Sonterre indicated that the first conference was held in Washington, D.C. and definitely was discussed prior to his attending because he was proud to mention that he was to be part of the crime prevention committee. He also indicated that when he returned from that meeting he had provided a summary to Council on the meeting and mentioned that the next meeting would be in Atlanta in December. He further commented that he had no problem with Council setting a protocol to discuss and authorize conferences. Council Member Stigney indicated he disagreed that it was discussed because he was talking to City Administrator Miller and she asked him how he felt about spending money to send the Mayor to conferences and he told her that it was a waste of money. MOTION/SECOND: Stigney/Marty. To Require Council Approval of Attendance at National Conferences. Ayes – 5 Nays – 0 Motion carried. 11. APPROVAL OF MINUTES A. December 10, 2001 City Council Minutes. Mounds View City Council January 7, 2002 Special Meeting Page 22 Council Member Thomas requested the following changes: On Page 4, the paragraph where Council Member Thomas talked about Council Member Marty receiving information in the packet, add “, a copy could be provided if his was missing.” On Page 27 add the words “chemically treated” to the fifth paragraph concerning the pond. Council Member Stigney indicated that the position title for Ms. Reed was not effective for the December 10, 2001 meeting and asked that her title be corrected throughout the document to be Assistant to the City Administrator. On Page 19 correct the spelling of “Fedor”. Council Member Stigney commented that he did not feel that Council had voted on a tabling motion on Page 19. Council Member Thomas indicated that because of the split decision on the vote the City Attorney had recommended tabling the matter and Council voted on a tabling motion. Council Member Stigney indicated he did not agree because he had said the prevailing party should make a motion. Council Member Thomas indicated that there were two versions of the same resolution and there was not a prevailing party so the City Attorney recommended a motion to table. Mayor Sonterre asked the City Administrator to review the tape to determine whether there was a tabling motion and subsequent vote. Council Member Marty requested the following change: On Page 14, center paragraph, change the word “cause” to “caused”. Mayor Sonterre asked if the minutes could be approved pending determination on the tabling motion. City Attorney Riggs recommended tabling approval of the minutes pending the requested information. MOTION/SECOND: Quick/Thomas. To Table Approval of the December 10, 2001 City Council Meeting Minutes To Allow Staff to Review the Tape. Ayes – 5 Nays – 0 Motion carried. Council recessed to the EDA meeting at 9:50 p.m. Council reconvened at 10:03 p.m. and moved to the closed session. Mayor Sonterre noted that Council would adjourn from the closed session. Mounds View City Council January 7, 2002 Special Meeting Page 23 12. CLOSED SESSION TO DISCUSS PENDING LITIGATION A. To Discuss Threatened/Potential Litigation B. To Discuss Private Personnel Data Council recessed to the closed session at 10:03 p.m. 13. Next Council Work Session: Monday, January 14, 2002 Next Council Meeting: Monday, January 28, 2002 14. ADJOURNMENT Mayor Sonterre adjourned the meeting at ____ p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 8, 1999 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Stigney, Marty, Quick, and Thomason. 3. APPROVAL OF MINUTES Council tabled approval of the minutes to the next Council meeting. 4. SPECIAL ORDER OF BUSINESS: Mayor Coughlin presented a Certificate of Appreciation to retired firefighter Senior Station Captain Scott D. Drewitz, for 22 years of service. He then noted that Mr. Drewitz had attended more than 3150 fires and over 1000 weekly drills. 5. REPORTS Council Member Stigney reported that the Planning Commission had reviewed its by-laws and made minor changes. He also noted that the ordinance concerning outdoor produce sales was discussed. Mayor Coughlin extended a public thank you to Poncho Henderson who provided him with a tour of the under belly of the St. Paul Sewer Treatment Facility and showed him the new systems in place for Y2K. Mayor Coughlin indicated he had attended a legislative special session with legislators from the area and a good discussion was held. Mayor Coughlin extended a public congratulations to Officer Tim Brennan who received an award from Northwest Youth and Family Services for his work with the DARE program and other outreach programs. Mayor Coughlin extended a public thank you to Bruce Vento for holding the town hall meeting. He then noted that he, Council Member Thomason, and Council Member Marty had an Mounds View City Council February 8, 1999 Regular Meeting Page 2 opportunity to speak with Mr. Vento after the meeting to discuss issues specific to Mounds View and had extended an offer to come to a Council Meeting in the future. Council Member Marty reported that there were approximately 125 people registered in various programs through park and recreation. He then noted that the next Mounds View Matters would list several new programs being offered. Council Member Marty reported that the Park and Recreation Committee would be purchasing a gym curtain to divide the court in order to hold two games at the same time. He noted that the senior center was in need of several items including, a refrigerator, TV/VCR, ping pong tables, and board games. He then asked residents to consider donating any used equipment they may have provided it was in good working order. Council Member Marty indicated that landscaping would be done around the sandlot volleyball court in the spring. Council Member Quick had no report. 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Approval of Booster Station Upgrade and Y2K SCADA System C. Set a Public Hearing at 7:05 p.m., Monday, February 22, 1999, to consider Resolution 5312, regarding a Conditional Use Permit for an oversized garage located at 8100 Long Lake Road Mayor Coughlin asked the Council if anyone would like to remove items for discussion. MOTION/SECOND: Quick/Thomason. To Approve the Consent Agenda for Items A, B, and C as presented. Ayes – 5 Nays – 0 Motion carried. 7. UNFINISHED BUSINESS A. City Cell Phones It was the consent of Council to move the cell phone discussion to the work session. Council Member Stigney asked Staff to bring information concerning actual cell phone costs from the last year and cost information on the current cell phone provider for discussion at the work session. Mounds View City Council February 8, 1999 Regular Meeting Page 3 8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR David Jahnke of 8428 Eastwood Road asked whether the Resolution concerning MNDOT was preliminary or if the preliminary information had already been sent in. Community Development Director Jopke answered Mr. Jahnke’s question but his response was not audible on the recording. Mr. Jahnke then asked if the public was going to donate the $8000 needed like was suggested for the refrigerators and games. He then commented that every time he comes down to City Hall there are more numbers and he is wondering if the City is requesting citizens to donate or if the funds are coming out of the budget. Council Member Marty indicated that it was his understanding that the City has a little over $200,000 in the park dedication fund that could be used. He also noted that there was $30,000 set aside for building a facility at Woodcrest Park that could be reallocated because it has been determined that it is not feasible to build in Woodcrest Park due to the heaving and sinking every spring because it is on a wetland. Council Member Quick clarified that the Park sits on peat not a wetland. Mr. Whiting indicated that Council had discussed the figures at a work session and noted that the actual construction budget has come in under budget. Council Member Stigney inquired as to whether it would be possible to use excess TIF funds. Mr. Whiting agreed to look into whether the City could use TIF funds and noted the City had recently received a large park dedication fee from the theatre project. Mr. Whiting reported that he and the Mayor had met with the Metropolitan Council and the Metropolitan Airports Commission and asked the City Attorney to give an overview of the meeting. City Attorney Long indicated that the mediation session took place and he felt it was a good session with slight forward progress being made. He then noted that the bill was to be introduced in the Senate today and the House tomorrow. He further indicated that there was a meeting scheduled for February 22, 2002 and he should know where the Metropolitan Council and the Metropolitan Airports Commission stand on the issue by that meeting. Mounds View City Council February 8, 1999 Regular Meeting Page 4 9. COUNCIL BUSINESS A. Public Hearing and Second Reading of Ordinance No. 626, an Ordinance Amending Chapter 401.02, Subd. 1 of the Mounds View Municipal Code. Mayor Coughlin opened the public hearing at 7:28 p.m. The Assistant to the City Administrator indicated that upon direction from Council she had prepared an ordinance that would change the Planning Commission to a nine (9) member board. Mayor Coughlin closed the public hearing at 7:29 p.m. MOTION/SECOND: Marty/Stigney. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 626, an Ordinance Amending Chapter 401.02, Subd. 1 of the Mounds View Municipal Code. ROLL CALL: Marty, Thomason, Quick, Stigney, Coughlin Ayes – 5 Nays – 0 Motion carried. B. Public Hearing and Second Reading of Ordinance No. 627, an Ordinance Amending Chapter 405.02, Subd. 1 of the Mounds View Municipal Code. Mayor Coughlin opened the public hearing at 7:33 p.m. Mayor Coughlin closed the public hearing at 7:34 p.m. MOTION/SECOND: Marty/Thomason. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 627, an Ordinance Amending Chapter 405.02, Subd. 1, of the Mounds View Municipal Code. ROLL CALL: Thomason, Quick, Stigney, Marty, Coughlin. Ayes – 5 Nays – 0 Motion carried. C. Consideration of Setting Special Council Work Session for February 16, 1999, at 6:00 p.m. at City Hall. MOTION/SECOND: Coughlin/Marty. To Authorize a Special Council Work Session for February 16, 1999, at 6:00 p.m. at City Hall. Council Member Stigney asked what the primary topic of discussion would be. Mounds View City Council February 8, 1999 Regular Meeting Page 5 Mayor Coughlin indicated that there was a long list of items for discussion. Mr. Whiting indicated that Staff has been working on setting up an icon on the computer for Council to access that would list items to be heard at the work session. D. Consideration of Resolution No. 5310 Requiring all City Council Created Boards, Commissions and Committees to Cable Cast their Meetings. Council Member Marty pointed out that most items heard before the Council start at the Commission level and said he feels it is important for residents to be able to watch those Commission meetings to be able to see the discussion from the beginning. Council Member Stigney requested that the resolution be amended to require that all regular and special session meetings be cable cast. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 5310, a Resolution Requiring that all City Council Created Boards, Commissions and Committees Cable Cast their Meetings. Ayes – 5 Nays – 0 Motion carried. E. Consideration of Resolution No. 5311, Appointing Members to the Mounds View Planning Commission. Mayor Coughlin presented his list of final names for appointment to the Planning Commission. MOTION/SECOND: Quick/Thomason. To Waive the Reading and Approve Resolution 5311, a Resolution Appointing Members to the Mounds View Planning Commission. Ayes – 5 Nays – 0 Motion carried. Council Member Stigney indicated he had spoken to the Mayor about the issue of City employees using public works for personal service. Mr. Whiting indicated that the procedure should be that City employees need to ask for Council permission. He then indicated he would put the matter on the next work session agenda for discussion. 10. Next Council Work Session: Monday, March 1, 1999 – 6:00 P.M. Special Work Session: Tuesday, February 16, 1999 – 6:00 p.m. Next Council Meeting: Monday, February 22, 1999 – 7:00 p.m. Mounds View City Council February 8, 1999 Regular Meeting Page 6 11. ADJOURNMENT Mayor Coughlin adjourned the meeting at 7:40 p.m. Transcribed and recorded by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc.