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HomeMy WebLinkAboutAgenda Packets - 2002/03/05CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MONDAY, MARCH 25, 2002 7:00 p.m. 1. CALL TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas 3. APPROVAL OF AGENDA 4. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 5. UNFINISHED BUSINESS 6. CONSENT AGENDA A. Just and Correct Claims B. Licenses for Approval C. Set Public Hearing for 7:05 PM April 8, 2002 to Consider a Liquor License Transfer for Robert’s Off 10 D. Resolution No. 5727 Approving the Purchase of a Replacement Mower for the Parks Division of Public Works E. Resolution No. 5728 Approving the Purchase of a Replacement Utility Cart for the Golf Course F. Set Public Hearing for 7:10 PM April 8, 2002 to Consider First Reading and Introduction of Ordinance 696 Regarding Animals G. Resolution No. 5729 Authorization of a User Agreement with BCA for Access to Minnesota Repository of Arrest Photo Database H. Resolution No. 5730 Authorizing Out of State Training and Attendance at the National DARE Conference I. Resolution No. 5731 Approving the Contract Award for the 2002 Tree Removal Program J. Resolution No. 5734 in Support of the City of Arden Hill’s Efforts to Redevelop Part of the TCAAP Site -- Ericson K. Set a Public Hearing for 7:15pm, April 8, 2002, to Consider First Reading and Introduction of Ordinance 698, an Ordinance Amending Chapters 1108 and 1109 of the Zoning Code Relating to Townhomes and Multiple-Family Dwellings L. Set a Public Hearing for 7:20pm, April 8, 2002, to Consider the First Reading and Introduction of Ordinance 697, an Ordinance to Rezone Part of 7653 Groveland Road from R-1, Single Family Residential, to R-2, Single and Two-Family Residential. M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\03-25-02\Agenda.doc City Council Agenda March 25, 2002 Page 2 7. COUNCIL BUSINESS A. Second Reading and Adoption of Ordinance 693, an Ordinance Amending Section 1106.03 of the Mounds View Zoning Code Pertaining to Accessory Structures – Atkinson (Roll Call Vote) 1. Second Reading and Adoption of Ordinance 2. Thomas, Marty, Stigney, Quick, Sonterre B. Second Reading and Adoption of Ordinance 692, an Ordinance Amending Section 1006.06 of the Mounds View City Code Pertaining to Development Controls – Atkinson (Roll Call Vote) 1. Second Reading and Adoption of Ordinance 2. Marty, Stigney, Thomas, Quick, Sonterre C. First Reading of Ordinance 695, an Ordinance Renaming a Disconnected Section of County Road J – Atkinson D. Consideration of Resolution 5726, a Resolution Approving a Development Review for the Expansion of FedTech, Operating at 4763 Mustang Circle – Atkinson E. Resolution 5732 Approving a Minor Subdivision of 7653 Groveland Road – Atkinson F. Resolution 5733 Adopting a Purchasing Policy – Hansen G. Consideration of the re-organization of funds within the Financial Statements and additional 2001 transfers between funds – Hansen 1. Resolution 5735 Reclassifying Certain Funds within the Financial Statements and Creating Debt Service Funds and a Development Grant Fund 2. Resolution 5737 Approving Additional 2001 Transfers Between Funds H. Personnel Action-(oral report) I. Correcting Resolution 5711 Approving Payment to Elegant Thymes Management Company for Management of the Mounds View Banquet and Conference Center – Hansen J. Resolution 5738 Authorizing Contract for Professional Services for Ehlers & Associates – Hansen K. Gas ‘n Splash SAC Fee Repayment Agreement -- Ericson L. Resolution 5723 Authorizing the Purchase of Video Monitoring Equipment for the MVCC M. Resolution 5634, a Resolution Approving a Wetland Alteration Permit and Lease Agreement for the Expansion of the Clear Channel Billboard at 2373 County Highway 10 – Ericson N. Administration Department Quarterly Report-Reed M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\03-25-02\Agenda.doc City Council Agenda March 25, 2002 Page 3 O. Resolution 5740 Hiring a new Administrative Assistant for the Department of Administration-Reed P. Resolution 5739 Hiring a new Golf Course Manager-Reed Q. Police Department Quarterly Report- Brennan 8. SPECIAL ORDER OF BUSINESS 9. REPORTS 10. APPROVAL OF MINUTES A. March 11, 2002 Council Meeting Minutes 11. CLOSED SESSION A. To Discuss Labor Negotiations B. To Discuss Threatened/Potential Litigation 12. Next Council Work Session: April 1, 2002 Next Council Meeting: April 8, 2002 13. ADJOURNMENT 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: March 25, 2002 Please consider the following contractor licenses for approval. All contractor licenses 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 companies with “new” after the company name include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2001. Those companies with a renewal license were licensed, at a minimum, in the year 2001. HVAC Midwest Equipment Statewide Home Supply & Service, Inc. - New GENERAL (COMMERCIAL) PMJ Group, Inc. – New Watson-Forsberg Co. TREE TRIMMING/REMOVAL Miller Tree & Landscaping S & S Tree and Horticultural Specialists, Inc. - New Staff Recommendation: Approve license applications as requested. Item No. 6D 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: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 5727 Approving the Purchase of a Replacement Mower for the Parks Division of the Public Works Department Meeting Date: March 25, 2002 Background: In 1995, the City purchased a Hustler XL 440 rotary mower with a 72” deck. This mower was used as a trim mower in the Parks Division of Public Works. The mower is scheduled for replacement and has been budgeted for this year. This mower is still in a usable condition due to the City’s maintenance program. However, it would not be dependable enough to be used as a primary trim mower. Staff has performed an evaluation of mowers of this size. The Toro mowers have proven to be safe, dependable, user friendly, and the greatest value. Staff has experienced this in both the Parks Division of Public W orks and at the Bridges Golf Course. Staff recommends that the City Council approve the purchase of a 2002 Toro Groundsmaster 328D 4WD rotary mower. This mower would be purchased under state contract. Thus it would forego the requirement to acquire addition bids. The state contract bid is as follows:  Toro Groundsmaster 328D (28 HP Kubota diesel engine) 4WD rotary mower with 72” side discharge deck, deluxe seat, two post ROPS, filter kit and service manual. $18,192.00  Optional mulch kit for 72” side discharge deck $ 554.00 Subtotal $18,746.00 Tax $ 1,218.49 TOTAL $19,964.49 Toro would allow the City $1,100.00 towards this purchase for the trade in of our Hustler XL mower. The staff has investigated the value of this mower and has determined that it is greater than $1,1000 on the open market. Staff also recognizes a need to have a backup mower in parks to mow rough areas and areas around the well houses. Because of these factors, staff recommends that the City retain this mower until June of this year and monitor its use. At that time, staff will analyze the benefit of retaining this mower versus its estimated cash value. If the cash value is greater, the mower can be put in an equipment auction that is scheduled in June. Recommendation: Staff recommends that the City Council approve the purchase of a 2002 Toro Groundsmaster 328D 4WD rotary mower with the aforementioned accessories under state contract in the amount of $19,964.49. It is also recommended that City Council approve the sale of the Hustler XL 440 rotary mower should staff determine the estimated cash value is greater than the benefit of retaining this mower. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 5727 APPROVING THE PURCHASE OF A REPLACEMENT MOWER FOR THE PARKS DIVISION OF PUBLIC WORKS CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, the City Council had previously approved the purchase of a 1995 Hustler XL 440 mower; and WHEREAS, said mower has been in use for seven years; and WHEREAS, a 2002 Toro Groundsmaster 328-D 4WD mower was budgeted for in the 2002 budget; and WHEREAS, said mower would be purchased under state contract and thus forego the requirement to acquire additional bids; and WHEREAS, there is a leaf mulcher kit available that will make the mower more useful; and WHEREAS, said mower will replace the 1995 Hustler XL mower; and WHEREAS, the 1995 Hustler XL mower will be retained until June to determine its value to the City; and WHEREAS, if it is determined that the estimated cash value of the 1995 Hustler XL mower is greater than the benefit of retaining it, said mower will be sold on the open market. NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve the purchase of a 2002 Toro Groundsmaster 328D 4WD rotary mower with the aforementioned accessories under state contract in the amount of $19,964.49. NOW, THEREFORE BE IT FURTHER RESOLVED, THAT the Mounds View City Council approve the sale of the Hustler XL 440 rotary mower on the open market should staff determine the estimated cash value is greater than the benefit of retaining this mower. Adopted this 25th day of March 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator Motion by: Second: Sonterre: Stigney: Quick: Marty: Thomas: Item No. 6E 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: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 5728 Approving the Purchase of a Replacement Utility Cart for the Golf Course Meeting Date: March 25, 2002 Background: In 1995, the City purchased an EZ-Go utility cart, for use at the Bridges Golf Course. This cart has been used extensively for the past seven years. The suspension is showing considerable wear and the frame has a twist in it. This cart was budgeted to be replaced in 2002. Staff has reviewed several models and manufactures of utility carts. Staff has determined that the Toro Workman 2100 meets the specifications and requirements needed for operation at the golf course. It has a special frame suspension that keeps the load equally distributed on all four wheels when going over hills and mounds. This will prevent some of the frame twist problems experienced in the past. A total of three bids were received. These are as follows: Tri-State Companies $7,401.70 Doug’s Service and Marine $6,949.13 Minnesota Toro Industries (MTI) $6,548.00 Of the three bids we have received for this cart, the bid from MTI in the amount of $6,548.00 was the lowest. The budgeted amount for this item in the 2002 Budget is $7,000. ♦ Toro Workman 2100 (16 hp B & S Vanguard engine) mid size utility vehicle with Active In-Frame suspension, and *electric lift kit. 1500 pound capacity and full 2 year warranty $6,548.00 ♦ Less trade value on EZ-Go utility cart $ -600.00 Subtotal $5,948.00 Tax $ 386.62 TOTAL $6,334.62 *A lift kit is a $512.00 option - Toro will include at no charge Recommendation: Staff recommends that the City Council approve the purchase of a Toro Workman 2100 from Minnesota Toro Industries (MTI) in the amount of $6,548.00 and approve the trade in of the EZ-GO Utility Cart at a credited value of $600.00. Including tax, this represents a net City cost of $6,334.62. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 5728 APPROVING THE PURCHASE OF A REPLACEMENT UTILITY CART FOR THE GOLF COURSE CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, the City Council had previously approved the purchase of a EZ-Go Utility Cart for use at the Bridges Golf Course; and WHEREAS, said utility cart has been in use for seven years and has reached its economical useful life; and WHEREAS, said utility cart has a the trade in value of $600.00; and WHEREAS, a new Utility Cart was budgeted for and the 1995 EZ-Go model was scheduled to be replaced in 2002; and WHEREAS, a Toro Workman 2100 Utility Cart meets the specifications and requirements needed for operation at the golf course; and WHEREAS, three bids were received for said utility cart; and WHEREAS, Minnesota Toro Industries (MTI) was the low bidder with a bid of $6,548.00; and NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve the purchase of a Toro Workman 2100 from Minnesota Toro Industries (MTI) in the amount of $6,548.00 and approve the trade in of the EZ-GO Utility Cart at a credited value of $600.00. Including tax, this represents a net City cost of $6,334.62. Adopted this 25th day of March 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator Motion by: Second: Sonterre: Stigney: Quick: Marty: Thomas: 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: Tim Brennan, Deputy Police Chief/Acting Chief Item Title/Subject: Resolution 5729 Authorization for the Police Department to Enter into a User Agreement with the DPS for Web-Based Access to MRAP Date of Report: March 25, 2002 NATURE OF REPORT: The Department of Public Safety (DPS), maintains a database of photographs called the Minnesota Repository of Arrest Photos (MRAP). This database is administered through the Bureau of Criminal Apprehension (BCA). Participating agencies, mostly county jails and state corrections, regularly forward the photographs of arrested persons to the BCA for posting within this web-based site. Police departments wishing access to this site are required to enter in to a user agreement, which has been drafted by the State’s Attorney General’s Office. The user agreement sets forth guidelines and restrictions an agency must follow to remain in compliance with data practices requirements. Access to this database could be very helpful in investigating crimes where the identification of a possible suspect is at issue. There is no cost to agencies wishing to participate. Upon approval of the City Council, the Chief Law Enforcement Officer for the requesting agency may enter into a user agreement with the DPS, and a user ID and password will be established for any personnel within that agency with an established need to access the site. RECOMMENDATION: Staff recommends City Council approval authorizing the Acting Police Chief to enter into a User Agreement with the DPS establishing access privileges for the police department to the MRAP Database. Respectfully submitted, _____________________ Tim Brennan Deputy Police Chief/Acting Chief RESOLUTION 5729 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO ENTER INTO A USER AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY FOR ACCESS TO THE MINNESOTA REPOSITORY FOR ARREST PHOTO DATABASE WHEREAS, the Department of Public Safety (DPS) maintains a web-based database of photographs of arrested persons through the Bureau of Criminal Apprehension (BCA); WHEREAS, access to this database is offered to law enforcement agencies at no cost; WHEREAS, the DPS requires interested agencies to enter into a user agreement that sets forth guidelines and restrictions pertaining to dissemination of information gathered through this site; WHEREAS, assess to Minnesota Repository of Arrest Photos (MRAP) could prove to be beneficial during any investigation where identification of a suspect is at issue; WHEREAS, to access and participate in the MRAP database, a municipality’s Chief Law Enforcement Officer must enter into a user agreement, drafted and provided by the State Attorney General’s Office; NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View authorizes the Acting Police Chief for the Mounds View Police Department to enter into a user agreement with the DPS allowing the police department access to the MRAP database. Adopted this 25th day of March 2002. Attest: Richard Sonterre, Mayor SEAL Kathleen Miller, City Administrator Mo tion : Second: Sonterre: Stigney: Thomas: Marty: Quick 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: Tim Brennan, Deputy Police Chief/Acting Chief Item Title/Subject: Resolution # 5730 Approval for Out-of-State Training for the DARE Officer at the National Conference in Las Vegas, NV Date of Report: March 25, 2002 NATURE OF REPORT: The City of Mounds View provides a DARE Officer who teaches classes to the children at Pinewood Elementary in grades K-5. The core curriculum for the DARE Program is currently a 17- lesson program taught at the 5th grade level. Visitation lessons are taught to children in all other grades K-4. DARE America is the organization that oversees the DARE Program and curriculum worldwide. Each year DARE America hosts a national conference to present updates to the curriculum and other training specific to the DARE Program. This training is very helpful and provides information not otherwise available. The police department has budgeted $500.00 each year for the DARE Officer to attend the National Conference. This amount has not been adjusted over the past six years. The former DARE Officer has not been able to attend the national conference the past three years due to conflicts, but had attended the conference in 1997 and 1998. The current DARE Officer is requesting to attend this year’s conference. DARE America is modifying the core curriculum for 2003. The revised curriculum is being taught during one of the four days of training offered at the national conference. This is an opportunity for the DARE Officer to become certified in the new curriculum, while at the same time having an opportunity to receive other training not otherwise available. At this time the estimated cost of the conference is $608.00, excluding applicable taxes. DARE America is currently in negotiations with another Las Vegas hotel attempting to secure a room rate of $29.00 per night. The current room rate at the host hotel for the conference is $89.00 per night. If the cheaper rate is negotiated the total cost of the conference should come in below the $500.00 budgeted. The DARE Officer has indicated he will cover the cost of all meals while attending this conference. RECOMMENDATION: Staff requests authorization for the Mounds View DARE Officer to attend the National DARE Conference in Las Vegas, NV at an approximate cost of $608.00, or possibly less. Respectfully submitted, _____________________ Tim Brennan Deputy Police Chief/Acting Chief RESOLUTION 5730 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING ATTENDANCE AT THE NATIONAL D.A.R.E. OFFICER’S CONFERENCE IN LAS VEGAS, NEVADA WHEREAS, The Mounds View Police Department has an officer who is responsible for teaching D.A.R.E. lessons to children grades K-5 at Pinewood Elementary School; WHEREAS, D.A.R.E. America is the organization which oversees implementation and training of the D.A.R.E. curriculum nationwide; WHEREAS, D.A.R.E. America coordinates an Annual Conference, comprised of four days of training; WHEREAS, this year’s D.A.R.E. Conference is being held from July 21-24, 2002, in Las Vegas, NV; WHEREAS, the training arranged for the National D.A.R.E. conference consists of some of the best presenters available nationally; WHEREAS, the training provided at the National Conference is specific to the needs of a D.A.R.E. Officer in today’s society and this year’s training includes certification for the new 2003 curriculum and addresses school violence issues; WHEREAS, the police department budgeted $500.00 toward the cost of this year’s conference; WHEREAS, the total cost of the conference is currently estimated at $608.00, which includes the conference fee, airfare, and hotel, excluding any taxes; NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View approves the attendance of the D.A.R.E. Officer at this year’s National Conference being held in Las Vegas, Nevada. Adopted this 25th day of March 2002. Attest: Richard Sonterre, Mayor SEAL Kathleen Miller, City Administrator Mo tion : Second: Sonterre: Stigney: Quick: Marty: Thomas: 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: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 5731 Approving the Contract Award for the 2002 Tree Removal Program Meeting Date: March 25, 2002 Background: Annually, bids are received to perform tree removal as needed throughout the City. This is done as part of the Joint Powers Agreement the City of Mounds View has with the City of New Brighton. Discussion: Recently bids were received for the 2002 season. The bidding process is set up to differentiate between two operational scenarios: one whereby vehicle and equipment access is available to the site where the trees to be removed are located, the other for cases where access with vehicles is not possible. A total of four bids were received. A summary of the quotes is as follows: Company Bid (with access) Bid (without access) Precision Tree Service $10.50 / diameter inch $15.75 / diameter inch Miller Tree Service $14.50 / diameter inch $15.50 / diameter inch All Tree Service $10.75 / diameter inch $18.90 / diameter inch Hugo’s Tree Service $25.00 / diameter inch $35.00 / diameter inch The low bidder for trees with access was Precision Tree Service with a bid of $10.50 / diameter inch. The low bidder for trees without access was Miller Tree Service with a bid of $15.50 / diameter inch. The low bid in both of these categories represent a cost that is slightly lower than those used in 2001. The total amount of tree removal work contracted annually by the City of Mounds View is typically in the range of $10,000 to $15,000. The 2002 budget has $16,000 allocated for tree removal (account 100-4380-3520). The two apparent low bidders, Precision Tree Service and Miller Tree service, have successfully performed work for the City of Mounds View in previous years. Both have the required equipment and skills to complete the required tree removal work. Recommendation: Staff recommends that the City Council approve an annual contract to expire December 31, 2002, with Precision Tree Service in the amount of $10.50/diameter inch for trees with vehicle access. Staff also recommends that the City Council approve an annual contract to expire December 31, 2002, with Miller Tree Service in the amount of $15.50/diameter inch for trees without vehicle access. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 5731 APPROVING THE CONTRACT AWARD FOR THE 2002 TREE REMOVAL PROGRAM CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, annually bids are received to perform tree removal as needed throughout the City; and WHEREAS, this service was budgeted for in 2002; and WHEREAS, a total of four bids were received, bidding on two categories: with vehicle access and without vehicle access; and WHEREAS, the low bidder was Precision Tree Service in the amount of $10.50/diameter inch for trees with vehicle access; and WHEREAS, the low bidder was Miller Tree Service in the amount of $15.50/diameter inch for trees without vehicle access; and NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve an annual contract to expire December 31, 2002, with Precision Tree Service in the amount of $10.50/diameter inch for trees with vehicle access. NOW, THEREFORE BE IT FURTHER RESOLVED, THAT the Mounds View City Council does hereby approve an annual contract to expire December 31, 2002, with Miller Tree Service in the amount of $15.50/diameter inch for trees without vehicle access. Adopted this 25th day of March 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator SEAL Motion by: Marty Second: Quick Sonterre: Aye Stigney: Aye Quick: Aye Marty: Aye Thomas: Aye Item No. 7F Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution 5733 Approving a New Purchasing Policy for the City of Mounds View and Amending Section 1.50 of the Personnel Manual Date of Report: March 20, 2002 Attached is the latest draft of the proposed purchasing policy and a resolution approving it. This incorporates input the City Council provided at the March 4, 2002 work session and input from city staff. Changes to the policy since March 4 depict additions in italic type and deletions in strike-out type. Highlights of the changes are as follows: Section 2.1 . A sentence was added requiring the retention of quotes and bids. Section 2.2 – 2.4 The word purchases was substituted for the word contracts. Section 4.1. The phrase “employee’s expenses” was changed to read “employee’s approved expenses.” Section 4.1.A. The words “not exceed” replaced “follow” in reference to IRS Guidelines. A sentence was added requiring the submission of individual itemized receipts. Times of day were added to the table breaking down the IRS per diem rate. Section 4.1.C.2 The words “and recognized by the City” were struck from the section on mileage rate. The Mounds View Personnel Manual Section 1.50 was duplicated in the draft Purchasing Policy in order to avoid having conflicting regulations for employees. Changes listed above will create inconsistencies between the Purchasing Policy and the Personnel Manual. Resolution 5733 also directs staff to update the Personnel Manual to copy the provisions of the Purchasing Policy. The City Council should also consider asking the Charter Commission to update the Charter so that sections dealing with sealed bids will specify the new threshold of $50,000 instead of $25,000. Respectfully Submitted, Charles Hansen RESOLUTION NO. 5733 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A NEW PURCHASING POLICY FOR THE CITY OF MOUNDS VIEW AND AMENDING SECTION 1.50 OF THE PERSONNEL MANUAL WHEREAS, the City Council directed staff to develop a new purchasing policy for the City of Mounds View; and WHEREAS, the City Council and staff have met and worked on draft policies numerous times since the fall of 2001; and WHEREAS, the accompanying policy is designed to comply with federal and state laws and the requirements of the Mounds View City Charter; and WHEREAS, the accompanying purchasing policy is designed to provide sound financial and procedural guidelines to the staff for the purchase of goods and services for the City. NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View adopts the attached purchasing policy; and BE IT FURTHER RESOLVED that staff is directed to update the Personnel Manual Section 1.50 to reflect changes adopted in the purchasing policy. Adopted this 25th day of March, 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator SEAL Motion by: Second by: Sonterre Quick Stigney Marty Thomas CITY OF MOUNDS VIEW PURCHASING POLICY GENERAL DISCUSSION 1.1 AUTHORITY The purchasing policies of the City of Mounds View are established by the City Council under the City Charter, the City Code and state statute. 1.2 PURPOSE The purpose of this policy is to provide a legal process for the purchase of materials and services that will be the right product, in the right quality, in the right quantity, delivered to the right place, at the right time, for the right price, to allow for the efficient and effective delivery of public services to the citizens of the City of Mounds View. 1.3 BUDGET Under state statute and City Charter, the annual adoption of the budget shall constitute City Council appropriations for the year. Budgetary control shall be exercised on the department and fund levels. 1.4 RESPONSIBILITY The City Administrator shall identify Department Heads or other staff who shall be responsible for each fund or department in the annual budget. These individuals shall be responsible for compliance with the annual budget and for all expenditures for their departments and funds. 1.5 DECENTRALIZED PURCHASING The majority of City purchases are decentralized, meaning that each department handles procurement of materials and services needed for their own operation. The responsibility lies with each department to obtain bids or quotes, maintain records of bids or quotes, place actual orders, receive deliveries, and approve invoices for payment. To be uniform and save time and money in quantity purchases, the City Administrator may assign a department to centrally purchase some products. An example of this would be office supplies. TYPES OF CONTRACTS AND PURCHASES 2.1 UNIFORM MUNICIPAL CONTRACTING LAW, CHAPTER 471.345 It shall be the policy of the City of Mounds View that the Uniform Municipal Contracting Law, Minnesota Statutes Chapter 471.345 shall be the policy of the city. Changes in this law will automatically become the policy of the city. City policy may be more restrictive than State Law, but may not be less restrictive. Records of quotes and bids shall be retained for at least one year after the completion of the contract or purchase or until the annual audit for the year of the purchase is completed, whichever is longer. 2.2 MAJOR PURCHASES Sealed bids shall be obtained by public notice for major contracts purchases with final award by the City Council. From 2002 onward, this shall be for purchases over $50,000, per Chapter 471.345. 2.3 INTERMEDIATE PURCHASES Three or more written quotes shall be obtained for intermediate contracts purchases with final award by the City Council. From 2002 onward, this shall be for purchases between $5,000 and $50,000. 2.4 SMALL PURCHASES Purchases may be made by at least two written quotes when possible, or in the open market, at the discretion of the Department Head. From 2002 onward, this shall be for contracts purchases less than $5,000. Department Heads shall advise the City Administrator prior to purchases between $1,000 and $5,000. Purchases between $2,500 and $5,000 shall be approved by the City Council if they were not part of the annual budget. ONGOING SERVICE CONTRACTS Contracts for ongoing services shall be submitted to the City Council for approval regardless of their dollar amount. 2.5 PROFESSIONAL SERVICES 2.5.1 Applicability This procedure applies to all advisory auditing, engineering, financial, legal, personnel, technical, training, or other services. 2.5.2 Competency Contract shall be made only with responsible consultants who have the capability to successfully fulfill the contractual requirements. Consideration shall be given to their past performance and experience, their financial capacity to complete the project, the availability of personnel, and other appropriate criteria. 2.5.3 Solicitation The nature of the professional service shall be illustrated in a request for proposals for services of greater magnitude or in a description of work for services of lesser magnitude. This shall be advertised or otherwise distributed to likely and potential service providers commensurate with the value of the contract. 2.5.4 Selection Professional service providers shall be selected so as to provide the best value to the City considering the difficulty of the work proposed, its value to the City, the expertise and capacity of the consultant and cost. 2.5.5 Award All one-time contracts of over $5,000 and any ongoing service contracts shall be awarded by the City Council. The City Administrator shall approve one- time contracts less than $5,000. Contracts between $2,500 and $5,000 shall be approved by the City Council if they were not part of the annual budget. 2.6 EMERGENCY PURCHASES Occasions arise where an immediate purchase is necessary to protect the life, health, safety, or convenience of the citizens or to preserve the property of the City or its citizens. To the greatest extent possible, normal purchasing procedures shall be followed. However, when expediency is required to rectify an emergency situation, any or all of these procedures may be waived. If possible, the City Administrator shall be contacted to approve the purchase. In the absence of the City Administrator, a Department Head shall approve the purchase and report to the City Administrator at the earliest opportunity. A report to the City Council shall be made at the next regular City Council meeting. 2.7 COOPERATIVE PURCHASING AGREEMENTS Where a purchase contract has been awarded by the State of Minnesota, another local government, a cooperative of local governments, or a federal agency in compliance with applicable State Statutes, and where it is legally permissible for the City of Mounds View to participate, a purchase may be through the vendor named in that contract without advertising for bids or obtaining quotes locally. The City Council or City Administrator must still be notified and approve the purchase as defined in this policy. 2.8 ROUTINE PAYMENTS The Finance Director may authorize certain routine payments with approval by the City Council in the form of the Just and Correct Claims List. These include: partial or progress payments on contracts or bids previously awarded by the City Council; payments to federal, state, or other local governments under a cooperative agreement previously approved by the City Council or as required by law; payment of employee payroll withholdings, taxes, and benefits; and payment of ongoing monthly utility services to city buildings and properties. At a minimum, these costs shall be reviewed during the annual budget preparation. PAYMENT METHODS 3.1 JUST AND CORRECT CLAIMS LIST A list of checks paid will be submitted for approval by the City Council at each regular City Council meeting. Approved checks will be released the following day. Any checks paid by means of Direct Expense Authorization since the previous City Council meeting will also be listed. 3.2 DEPARTMENTAL AUTHORIZATION OF INVOICE PAYMENTS Each Department Head identified by the City Administrator as being responsible for a department budget shall report to the Finance Director any deputies they are authorizing to approve invoices for payment. All authorized persons shall submit a sample of their signature or initials to the Finance Department for verification of invoice approvals. 3.3 DIRECT EXPENSE AUTHORIZATION The Finance Director is authorized to approve immediate payment of invoices, without waiting for the Just and Correct Claims List, in cases where it is necessary make payment to avoid penalties, secure discounts, or avoid disruption of city business. These payments will be included in the next Just and Correct Claims List. 3.4 CREDIT CARDS The City Council may authorize the issuance of credit cards to a limited number of city employees per MN Statutes Chapter 471.382. Credit cards will be issued to the City Administrator, Assistant City Administrator, and the Finance Director. Credit cards may be used to make purchases in instances where payment by check won’t work and extension of credit by the vendor isn’t available. The Department Head needing to make such purchases shall approach the credit card holders to make the purchase in the order of City Administrator, Assistant City Administrator, and Finance Director. Detailed documentation shall be secured either at the time of order or the time of receipt for the service or product purchased. All provisions of the purchasing policy apply to credit card purchases. 3.5 PETTY CASH The petty cash fund is used for the purchase of small items needed at once. The City Administrator shall authorize the number and location of petty cash funds and the amount of cash deposited in each. To be reimbursed, an employee must fill out a petty cash slip with their name, description of the purchase, account to be expensed, and amount of reimbursement. A receipt, invoice, or other documentation must accompany the slip. The Department Head or their deputy must sign the petty cash slip. 3.6 CHARGE ACCOUNTS In certain cases, it will be advantageous to open charge accounts with local businesses and vendors which allow employees to purchase needed goods and services with periodic (usually monthly) billing to the city. Employees must sign sales slips or other vendor documentation at the time of sale and submit any documentation received to their supervisor. The creation of any new charge accounts will be approved by the Finance Director. MISCELLANEOUS 4.1 TRAVEL, CONFERENCES, SCHOOLS, & TRAINING The City will reimburse elected officials and employees for reasonable business travel expenses incurred while on assignments away from the normal work location. All out of state business travel must be approved in advance by the City Council. The Department Head must approve all in state business travel in advance. When approved, the cost of airfare, lodging, and registration may be paid by check or credit card to the vendor in advance of the travel date. The travel policy is stated in section 1.50 in the Personnel Manual as follows: POLICY: TRAVEL EXPENSES SECTION: 1.50 A. Meals B. Lodging C. Transportation 1. Airline 2. Automobile D. Reimbursement An elected official’s or employee’s approved expenses incurred while conducting City business or attending approved conferences or training are paid by the City. Expenses incurred by a spouse or other person attending a conference with an elected official or employee must be paid by the elected official or employee. A. MEALS Reimbursement for meals while on travel is only for actual expenditures. The reimbursement rate will follow not exceed the IRS per diem rate for meals and incidental expenses for the Minneapolis/St. Paul locality. For simplicity’s sake, the Minneapolis/St. Paul rate shall be used for travel anywhere in the U.S. Specifically, per diem covers expenses for breakfast, lunch, dinner, and related tips and taxes; tips to porters, baggage carriers, bellhops, and maids; and other incidentals. Liquor is not an allowable expense. Individual, itemized receipts will be submitted for reimbursement. When traveling locally or for less than a full day, the maximum allowance for meals, including tax and tip, shall be the following percentages of the full day per diem: Time of Day: Breakfast 25% 12:00 A.M. to 11:00 A.M. Lunch 30% 11:00 A.M. to 3:00 P.M. Dinner 45% 3:00 P.M. to 12:00 A.M. B. LODGING The actual cost for lodging is paid by the City. Room service, personal telephone calls and other extras must be paid for by the elected official or employee. A telephone call home of reasonable length will be paid if the elected official’s or employee’s schedule has changed, and the return time/date is different than originally planned. C. TRANSPORTATION 1. Airline The actual cost for coach class is paid by the City. Prizes, bonuses or free trips awarded by the airlines as a result of travel paid by the City, become the property of the City and may not be accepted for personal use. Airline Travel Credits: Minnesota Statutes §15.435 Whenever City funds are used to pay for airline travel by an elected official or employee, the elected official or employee for whom the ticket is purchased is responsible for ensuring airline travel credits (i.e., frequent flyer miles) or benefits resulting from the travel are transferred to the City. This policy applies to all airline travel paid for by the City for City elected officials or employees. 2. Automobile If an elected official or employee uses his or her own personal vehicle, he or she will be reimbursed for the amount allowed by the IRS permitted basic mileage rate. However, staff cars are to be used in most instances. This amount will automatically be adjusted per the IRS and recognized by the City. Actual costs for parking fees will be reimbursed. Parking receipts are required. The appropriate forms must be completed and approved by the Department Head or Deputy. See Vehicle Use Section 1.55 for automobile usage. D. REIMBURSEMENT Elected officials or employees must complete an expense statement form and attach receipts for any allowable meals, lodging, transportation and/or parking expenses incurred. After obtaining Supervisor approval, submit the completed form to the Finance Department. All expenses must be supported by receipts. 4.2 MEETING EXPENSES Expenses for business meetings that incorporate a meal into other training, business, or official activities shall not be limited by the per meal costs defined in section 4.1.A in recognition that some of the cost will be for non- meal elements of the event. 4.3 MEMBERSHIPS Memberships in professional organizations shall be listed in the proposed budget and be reviewed during the budget process. Memberships not listed in the budget will need to be approved by the City Administrator prior to payment. Item No. 7G 1 & 2 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Consideration of the re-organization of funds within the Financial Statements and additional 2001 transfers between funds Date of Report: March 21, 2002 A report was made before the City Council at the March 4, 2002 work session that recommended a re-organization of funds and additional 2002 transfers. Two resolutions are attached to accomplish the goals discussed on March 4th. Resolution 5735 achieves the re-organization of funds. In summary, six funds reclassified from the special revenue funds to either capital projects funds or enterprise funds; four funds are reclassified from debt service funds to special revenue funds; one new special revenue fund is created; and four new debt service funds are created. The purposes of these changes are to more accurately report the nature of the City’s business and to reposition some of the City’s assets away from the special revenue funds. Resolution 5737 directs that several transfers of money be made between funds as of December 31, 2001. First, a total of $1,368,247.50 is transferred from the TIF District Funds to the new debt service funds. This sets aside money that was needed on February 1, 2002 to make debt service payments on TIF bonds. Second, $661,942.00 is transferred from the TIF District Funds to the EDA Fund to cover 2001 operating expenditures. Another $25.52 is transferred from TIF District Funds #3 to TIF District Fund #4. TIF #4 was created and then closed without any development activity. This transfer will allow accounts to be zeroed out so the fund can be removed from the financial reports. The above transfers add to a cash deficit in the TIF District #1 Fund. This will be handled in the 2001 Annual Financial Report by increasing an inter-fund loan from the Community Fund. Third, $1,200,000 is transferred from the General Fund to the Special Projects Fund. This is an increase from the $1,000,000 transfer discussed on March 4th because the General Fund’s 2001 operating results are a little stronger than anticipated. The Special Projects Fund was selected to receive the transfers since it gives the City Council the most flexibility for the future use of the money to meet the City’s needs. Respectfully Submitted, Charles Hansen RESOLUTION NO. 5735 RESOLUTION RECLASSIFYING CERTAIN FUNDS WITHIN THE FINANCIAL STATEMENTS AND CREATING DEBT SERVICE FUNDS AND A DEVELOPMENT GRANT FUND CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, the City Charter, Section 7.09 states that “There shall be maintained in the City treasury a general fund and such other funds as may be required by state law, ordinance, or resolution”; and WHEREAS, there currently exist in the City’s financial statements several funds that should more properly be classified in other sections of the financial statements; and WHEREAS, the City has several bond issues outstanding that need to have funds created for the exclusive purpose of accounting for debt service; and WHEREAS. There exists the need for a Development Grant Fund to account for grants the City may receive without intermingling such grant funds with tax increment financing funds. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that: A. The Community Fund, the Park Dedication Fund, the Special Projects Fund, and the Street Improvement Fund, all currently classified as Special Revenue Funds, should instead be classified as Capital Projects Funds; and B. The Street Lighting Fund and the Surface Water Fund, both currently classified as Special Revenue Funds, should instead be classified as Enterprise Funds; and C. The Surface Water Fund shall be renamed the Storm Water Fund; and D. Tax Increment Financing Districts 1 through 4 Funds, all currently classified as Debt Service Funds, should instead be classified as Special Revenue funds. E. Debt service funds shall be created for the GO Tax Increment Refunding Bonds, Series 1994B; GO Tax Increment Refunding Bonds, Series 1996A; GO Tax Increment Refunding Bonds, Series 1996B; and Tax Increment Revenue Bonds, Series 2001. Resolution No. 5735 March 25, 2002 Page 2 F. A Development Grant Fund shall be created and classified as a Special Revenue fund. Adopted this 25th day of March, 2002 _________________________________ Mayor Rich Sonterre (SEAL) _________________________________ ATTEST: Kathleen Miller, City Administrator Motion: Seconded: Sonterre Quick Marty Stigney Thomas RESOLUTION NO. 5737 APPROVING ADDITIONAL 2001 TRANSFERS BETWEEN FUNDS CITY OF MOUNDS VIEW County of Ramsey State of Minnesota WHEREAS, certain inter-fund transfers are needed to conclude the City’s activities for the year 2001 and to position assets for obligations in 2002 and later years. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following transfers for the calendar year 2001 are hereby approved: From Fund To Fund Amount Transferred TIF District #1 Fund TIF Bonds of 1994B Fund $909,211.25 TIF District #1 Fund TIF Bonds of 1996B Fund $103,351.25 TIF District #2 Fund TIF Bonds of 1996A Fund $161,480.99 TIF District #3 Fund TIF Bonds of 1996A Fund $194,204.01 TIF District #1 Fund EDA Fund $330,983.76 TIF District #3 Fund EDA Fund $330,958.24 TIF District #3 Fund TIF District #4 Fund $25.52 General Fund Special Projects Fund $1,200,000.00 Adopted this 25th day of March, 2002. ATTEST: _________________________ Mayor Rich Sonterre (SEAL) _________________________ City Clerk-Administrator Motion: Seconded: Sonterre Quick Marty Stigney Thomas Item No. 7I Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Corrected Resolution 5711 Approving Payment to Elegant Thymes Management Company for Management of the Mounds View Banquet and Conference Center Date of Report: March 20, 2002 The City Council approved Resolution 5711 at its February 11, 2002 meeting. This resolution was prepared under the belief that we had all revenue transactions for the banquet center for 2001. Shortly after February 11, additional revenue transactions came in. These slightly raised the total revenue and total management fees for 2001. The changes were discovered before the payment authorized on February 11 was made. Total revenues increased by $192.89. Under the formula used to allocate management fees, Elegant Thymes fees increase by $55.46 and Innovative Images fees increase by $2.41. A corrected Resolution 5711 was before the City Council on March 11, 2002. It was held over because it was noted that the resolution was inconsistent in that it referred to gross revenues in some places and net revenues in other places. In all cases, net revenue is the correct term to be used. The resolution authorizes payment to Elegant Thymes of their share of the management fee ($9,663.06) less previous payments. The practice of obtaining City Council approval for management fee payments arose in response to the practice under the previous Finance Director and Banquet Manager in which the Banquet Manager was actually paid prior to earning the management fee. That practice has ended. Confusion over calculation of the management fee has also been resolved. The City’s new auditors, MMKR, Elegant Thymes, and the City staff all agree on a formula for calculation of the management fee. Resolution 5711 authorizes future management fee payments once the staff and Elegant Thymes have agreed that all transactions for a month have been accurately recorded. For instance, the management fee for March 2002 would most likely be paid on the April 22, 2002 Just and Correct Claims List. The current practice of obtaining City Council approval prior to fee payment has resulted in months long delays in payment. No other contractor in an ongoing relationship with the City of Mounds View suffers this delay. Elegant Thymes possibly could even seek payment of the 1.5% interest provided in State Law for late payments. Respectfully Submitted, Charles Hansen CORRECTED RESOLUTION NO. 5711 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING PAYMENT TO ELEGANT THYMES MANAGEMENT COMPANY FOR MANAGEMENT OF THE MOUNDS VIEW BANQUET AND CONFERENCE CENTER WHEREAS, on March 27, 2001 the City of Mounds View suspended the contract of Innovative Images for management of the Mounds View Banquet and Conference Center; and WHEREAS, on March 27, 2001 Elegant Thymes Management Company was asked by the City of Mounds View to manage the Mounds View Banquet and Conference Center on a temporary basis; and WHEREAS, Elegant Thymes Management Company has been managing the Mounds View Banquet and Conference Center since March 27, 2001; and WHEREAS, management fees for the full year would be $12,250.89 under the terms of the Banquet Center Management Agreement, and WHEREAS, Elegant Thymes Management Company managed the Mounds View Banquet and Conference Center during the period in which 78.88% of the net revenues were earned and so would be due 78.88% or $9,663.06 of the management fees; and WHEREAS, the City Council wishes to compensate Elegant Thymes Management Company for services rendered between March 27, 2001 and December 31, 2001; and WHEREAS, the City Council wishes to compensate Elegant Thymes Management Company for services rendered in the future on a monthly basis. NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View will compensate Elegant Thymes Management Company per the “Banquet Center Management Agreement”; and BE IT FURTHER RESOLVED that based on $50,836.31 in net revenues, the Mounds View City Council wishes to pay Elegant Thymes $2,385.52 ($9,663.06 less previous payments) per the Banquet Center Management Agreement for the period of March 27, 2001-December 31, 2001; and BE IT FURTHER RESOLVED that staff is directed to make future payments to Elegant Thymes per the Banquet Center Management Agreement on a monthly basis and report them to the City Council on the Just and Correct Claims List. Resolution No. 5711 March 25, 2002 Page 2 Adopted this 25th day of March, 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator SEAL Motion by: Second by: Sonterre Quick Stigney Marty Thomas EXHIBIT A Total Management Fee Payable for 2001 Annual Net Revenues Compensation Rate Compensation First $30,000.00 Flat rate $6,000.00 $20,836.31 30% over first $30,000 $6,250.89 Total $50,836.31 $12,250.89 Allocation Between Management Companies Period Net Revenues % of Total Compensation Innovative Images 1/1/01 – 3/27/01 $10,738.48 21.12% $2,587.83 Elegant Thymes 3/28/01 12/31/01 $40,097.83 78.88% $9,663.06 Total $50,836.31 $12,250.89 Total Due to Elegant Thymes for 2001. $9,663.06 Paid in October per Resolution 5611. $2,100.00 Paid in December per Resolution 5675. $5,177.54 Remaining Balance Due. $2,385.52 Item No. 7J Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution Authorizing a Contract for Professional Services with Ehlers & Associates Date of Report: March 21, 2002 Minnesota governments with TIF districts are required to annually submit reports on the transactions and activities to the Office of the State Auditor. The previous Finance Director prepared these reports for Mounds View. He departed the City shortly before the reports for the year 2000 were due. The previous Economic Development Coordinator stepped in to prepare the 2000 TIF reports. Since he wasn’t familiar with TIF reporting in general or with the reports filed for 1999 and earlier years, he may have made some errors on the 2000 TIF reports. The City of Mounds View has received a letter from the Office of the State Auditor raising some questions regarding the 2000 TIF reports. It will be in the best interest of the City to resolve any problems with the 2000 TIF reports. I have experience with preparing TIF reporting. However, with the need to handle the City’s annual financial audit, prepare the 2003 budget, and create the long term financial plan, I wouldn’t be able to address the 2000 TIF reports and respond to the Office of the State Auditor in a timely fashion. Ehlers & Associates has expertise in TIF, is already familiar with the City of Mounds View’s TIF Districts, and can immediately commit time to the task. Attached is Resolution 5738, which authorizes a contract with Ehlers & Associates at an estimated cost of $3,000 to $4,000 to complete TIF reports for the years 2000 and 2001. I anticipate that after that I would take over TIF reporting. Respectfully Submitted, Charles Hansen RESOLUTION NO. 5738 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING A CONTRACT FOR PROFESSIONAL SERVICES WITH EHLERS & ASSOCIATES WHEREAS, the City of Mounds has received a letter from the Office of the State Auditor inquiring about transactions reported in the City’s 2000 TIF Reports; and WHEREAS, the 2000 TIF Reports were prepared at a time of turnover in City staff and were completed by a person unfamiliar with TIF reporting; and WHEREAS, it is in the best interest of the City to correct possible errors in the 2000 TIF Reports and re-submit them to the Office of the State Auditor; and WHEREAS, Ehlers & Associates is already advising the City of Mounds View on matters related to TIF; and WHEREAS, engaging Ehlers to correct the 2000 TIF Reports and prepare the 2001 TIF Reports will have the advantages using their TIF expertise and their time to address the reports immediately; and WHEREAS, Ehlers has proposed to provide these services to the City at an estimated cost of $3,000 to $4,000 and such costs may be charged to the TIF Districts. NOW THEREFORE, BE IT RESOLVED, that the City Council authorizes staff to engage Ehlers & Associates to prepare TIF Report for the years 2000 and 2001 at an estimated cost of $3,000 to $4,000. Adopted this 25th day of March, 2002. ATTEST: Rich Sonterre, Mayor (SEAL) Kathleen Miller, City Administrator Motion By: Second By: Sonterre: Quick: Stigney: Thomas: Marty: Item No: 7K Meeting Date: March 25, 2002 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Discussion Regarding the Gas & Splash Debt Date of Report: March 25, 2002 Discussion: At the March 11, 2002 meeting of the City Council, Staff and Mr. Mack, president and owner of the Gas ‘n Splash operating company, appeared before you regarding the uncollected $43,050 SAC fee. Mr. Mack explained his position, indicating that he thought the assessment and determination of the Met Council to be unfair and unreasonable, yet understood that the City has already made the payment on his behalf and accepted responsibility for the debt. When asked if he would enter into a repayment agreement with the City, Mr. Mack expressed a willingness to do so. Finance Director Hansen has recommended that if a repayment schedule over time is agreed to, that an appropriate interest rate be included and that the total debt be certified to the property taxes rather than collecting a monthly check from Mr. Mack. The act of certifying the debt to the taxes as a special assessment in effect “secures” the debt so that even if the business were sold, the City would still collect what it is owed, plus interest. Mr. Mack is agreeable to these terms, however at this time is only able to handle installments of $1,000 a month. While the specifics of the arrangement are not yet finalized, to have the payments manageable for Mr. Mack, the term of the repayment schedule would be approximately 48 months with approximate monthly payments of $1,031, for a total approximate repayment of $49,488. While the City works through the certification, Mr. Mack has indicated that he will continue to explore alternative options that would allow him to make a lump sum payment to fully satisfy the debt. It should be noted that interest accrual would begin on the date the City issued the check to MCES, which is January 15, 2002. Recommendation: Staff is seeking feedback and approval from the City Council as to the duration of the repayment schedule and the 7% interest rate. If these proposed terms are acceptable, staff would suggest that the Council leave Resolution 5706 tabled at this point and to direct staff to draft a Repayment Agreement for Mr. Mack’s execution and begin the required steps to effectuate the debt certification to the Gas ‘n Splash property taxes. If there are any questions about this, please contact me at 763-717-4021. _____________________________________ James Ericson Community Development Director C:\WINNT\Profiles\Jime\Favorites\City Council Stuff\Misc Reports\Gas & Splash Report - Mar 25, 2002.doc Item No.7L 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: Tim Brennan, Deputy Police Chief/Acting Chief Item Title/Subject: Consideration of Resolution 5723 Authorizing the Purchase of Video Surveillance Equipment at the MVCC Date of Report: March 25, 2002 NATURE OF REPORT: Due to concerns about vandalism, theft, disorderly conduct and other issues at the MVCC, staff was asked to explore options involving installation of video monitoring equipment. A system, which would allow for six dome style cameras, a digital video recorder with remote video monitoring capabilities, necessary monitors, cables and switches was quoted as follows: Electronic Security Specialists: $7,285.00 [B&W Cameras] (City does installation and provides necessary coaxial cable) City of Roseville IT Staff: $7,282.00 [Color Cameras] (City does installation with assistance of Roseville staff) Video Security Distributing: $7,222.19 [Color Cameras] (Bid given site unseen-faxed over. City installs equipment) WEBCO Security Inc.: $8,436.00 [Color Cameras] (City does installation) At the March 11, 2002 City Council Meeting staff was directed to gather additional details and specs on the systems being quoted. In researching pricing, manufacturers, models, and specs, additional options were identified. Staff received a large amount of information about various options from Electronic Security Specialists. In discussing the minimum components necessary to provide a system that will suit the needs of the city, ESS put together a bid based on introductory pricing available through the end of March by one of their manufacturers. We determined that placing one color camera at the front entrance/desk check in area would be sufficient use of color cameras. B&W cameras could be utilized in the gym (two cameras needed), and the game room/vending area. The system quoted by ESS is expandable for up to eight cameras, but it is staff’s opinion that we can begin initially with these four camera locations and assess whether additional cameras are necessary. Information received from Roseville IT reveals that they are considering changing from their current video server based system to a digital video recording system, which is what ESS is recommending we consider. ESS has provided a revised bid based on one color camera, three B&W cameras (two being in impact resistant housings for inside the gym), digital video recorder, two 17” monitors, installation, lenses, supplies, training, and a one-year service warranty for $6,336.00. RECOMMENDATION: Based on recent information gathered from Roseville IT personnel and the system being quoted by ESS, it is staff’s recommendation that a 4 Camera (1 color, 3 B&W), digital video recording system w/2 monitors be approved. ESS will do all installation, and provide all the necessary supplies and training for $6,636.00. Staff believes this is a very good value based on our needs. Respectfully submitted, _____________________ Tim Brennan Deputy Police Chief/Acting Chief RESOLUTION NO. 5723 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE PURCHASE AND INSTALLITION OF VIDEO MONITORING EQUIPMENT AT THE MOUNDS VIEW COMMUNITY CENTER WHEREAS, incidents of vandalism, assault and theft are being documented at the Mounds View Community Center on a frequent basis; WHEREAS, consideration of video monitoring equipment has been deemed to be a viable option for deterring and prosecuting such crimes; WHEREAS, four bids for video monitoring systems have been obtained; WHEREAS, the proposal submitted by Electronic Security Specialists provides the best value combination of hardware, software, installation, training and service; NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby authorize the purchase and installation of a video security system as proposed by Electronic Security Specialists at an estimated cost of $6,336.00, and that it be charged to the capital equipment account in the Community Center Budget. Adopted this 11th day of March 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator Motion by: Second: Sonterre: Stigney: Marty: Thomas: Quick: Item No.7N Meeting Date:March 25, 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: Quarterly Report (Jan-Mar 2002) Date of Report: March 21, 2002 Hiring Last fall the City Administrator asked the Council to consider hiring The Brimeyer Group to fill four department head vacancies. There were vacancies in Finance, Public Works, Golf Course and the Police Department. Two of the four vacancies have been filled. At the March 25, 2002 Council meeting there will be a recommendation to hire Mr. David Longville to fill the Golf Course Manager position. In addition, to the department head positions that have been filled, several other vacancies have been filled. At the March 25, 2002 Council Meeting there will be a recommendation to hire Ms. Desaree Crane to fill the Administration Department’s Administrative Assistant position. Police Civil Service Commission The Police Chief’s position is the last remaining department head vacancy. The Police Civil Service Commission is currently revising its bylaws which will outline hiring and promotion procedures for Police Department staff, including the Police Chief. I have been working with the Commission, the City Administrator and the Deputy Chief to review the bylaws. In the next several weeks, we expect to have an update for the Council regarding the bylaws as well as a timeline for hiring a Police Chief. Procedures Manual Several weeks ago the City Administrator asked each department head to begin compiling a procedures manual for their respective department. The purpose of the manual is to clearly define procedures for completing various departmental tasks. Often, when an employee is out of the office or there is a vacancy, other staff members must cover tasks they would not typically be responsible for. Over the next several months the Administration department will be compiling such a manual to outline procedures for processes such as preparing council packets, preparing for open enrollment for health insurance, hiring and conducting elections. The procedures manuals will be evolving documents and will be updated regularly as processes are refined. Employee Recognition Last year the Council adopted a resolution establishing the number and nature of employee recognition events to be sponsored by the City. An employee recognition event was not held in 2001. Employees who would have been recognized for service in 2001 will be recognized this year along with employees who have anniversaries in 2002. Department heads have discussed this issue and would like to have an event the week before Memorial Day. The Council will be invited to attend when a firm date is established. Open Enrollment For the past several years the City has been on a split year (May-April) for health, dental and life insurance. The City is in the process of moving to a calendar year for health insurance. Moving to a calendar year requires that the City elect the 20- month proposal from PEIP (May 2002-Dec 2003) instead of the 12-month proposal. Moving to a calendar year will make it easier for the City to budget for increases in health insurance. In addition, it will be easier for staff to budget for health insurance and any expenses covered by the City’s flexible spending plan. Staff has received renewal rates for health, dental and life insurance and those rates will be discussed at an all-staff meeting on March 28, 2002. The City’s current contribution to health insurance is $451. AFSCME March 14, 2002 was the last mediation session held with AFSCME. At the session on the 14th the City and AFSCME agreed to approximately five additional provisions. The contract has not yet been settled; consequently, the specifics of the negotiations will have to be shared in closed session at the March 25, 2002 Council meeting. Licensing In April staff will begin preparations to send out business license renewal packets to local businesses. Current business licenses will expire June 30, 2002. All renewal applications will be brought back to the Council for approval in June. Stanton Survey The Stanton Survey is an annual publication which lists salary and benefits data from cities across the state. Mounds View is a member of Stanton Group 6 (cities with populations between 10,000 and 25,000). This year staff will provide salary data for approximately 25 different positions. Unemployment Hearings Last fall the City appealed the awards of unemployment compensation for former employees Hammerschmidt and Kessel. The City won the appeal of unemployment compensation for Mr. Kessel. Mr. Kessel has until March 28, 2002 to appeal the decision. Our second and last hearing date on the Hammerschmidt matter was March 20, 2002. The Judge indicated that we should receive his decision in the next several weeks. Central Filing System Establishing an adequate filing system is an on-going project. Over the last few weeks the City’s temporary Administration Assistant has been working to locate and organize many of the City’s official documents (i.e., public books, minutes, resolutions, ordinances). The Council may be aware that several weeks ago the 1997 Public Book disappeared from City Hall. The 1997 public book was recreated with documents that staff was able to locate. Refining the City’s central filing system will be a priority for the new Administrative Assistant. Board and Commission Appointments The following is a brief update regarding seats currently available on Mounds View Boards and Commissions. EDC (resident): 1 term expires 12/31/04 (one application on file) Park and Rec: 1 term expires 12/31/04 (one application on file) Planning Comm: 2 terms expire 12/31/04 PCSC: 1 term expires 12/31/04 Airport Advisory Comm: 2 terms expire 12/31/04 (one application on file) Elections With respect to elections there are two issues being dealt with simultaneously: the upcoming primary and general elections and redistricting. On December 31, 2002 the terms of two Council Members (Stigney and Marty) and the Mayor will expire. Mounds View does not have a local primary, therefore, the filing period for local seats is August 27, 2002-September 10, 2002. The filing fee is $20. The State Primary and General Election will be held September 10, 2002 and November 5, 2002 respectively. Redistricting On March 19, 2002 the State Supreme Court released its legislative and congressional redistricting plans. There do not appear to be any boundary changes for Mounds View. The week of March 25, 2002 Ramsey County will be sending out maps to all municipalities. The City currently has one precinct. April 30 is the deadline to re-establish new precinct boundaries should the Council wish to do so. The next pertinent date is June 12, which is the deadline for establishing new polling places should that be necessary. Mounds View Matters At the March 11, 2002 Council meeting the Council inquired about why the last issue of the Mounds View Matters was delivered after March 2, 2002. I spoke with Paul Overson from Independent Delivery Service. Mr. Overson indicated that he became aware that the newsletter was delivered late only as a result of my call. He explained that he was told by his staff that a delivery truck broke down and they decided to wait until the following week to deliver the remaining 300 newsletters. I inquired about the City being issued a credit for the late delivery and was told that the request would not be met for the following reasons: the City receives a discounted rate because the newsletter is delivered with the Focus; this was the first such delay; and they had never been advised that this was such a time sensitive delivery. The Council may be aware that on occasion residents have indicated that they have not received the newsletter. I inquired about this and was advised that Mounds View has requested that 5300 copies of the newsletter be delivered; however, the newsletter is bundled with the Focus and only 4500 issues of the Focus go out to residents. In addition, Mounds View requested 100% saturation of apartment buildings and the Focus requested only 25% saturation of apartment buildings. As a result, the newsletter is not reaching all residents as intended. The City currently receives a discounted rate for delivery of the newsletter as long as it is bundled with the Focus. Staff will look into options for addressing the saturation issue and report back to the Council at a later date. Additional Projects As well as the items listed above, staff is also working on the following:  on-going review of the personnel manual  LELS grievance regarding the application of longevity pay  Preparation for hearing before the Bureau of Mediation Services regarding last summer’s terminations  Filling data practices requests  Performing tasks typically handled by the Administrative Assistant (e.g., preparing Council packets and the Mounds View Matters, posting Council action items to the electronic filing system) Item No.7O 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 to the City Administrator Item Title/Subject: Consideration of Resolution 5740 Hiring Desaree Crane as the Administration Department Administrative Assistant Date of Report: March 21, 2002 In January 2002 the Council gave direction to fill the Administrative Assistant position in the Administration Department. The position was advertised and staff received approximately 60 applications. Six candidates were selected for interviews. The City Administrator and I conducted the interviews and we are recommending that the Council hire Desaree Crane to fill the position. Ms. Crane has a background as a legal secretary and in providing clerical support in the aviation field. As a legal secretary she worked for three attorneys who specialized in real estate, bankruptcy, immigration and corporate law. She responded to the needs of clients and was responsible for managing client records. As an Office Manager/Scheduler/ Dispatcher with Jetways, Inc. and CrewSource, L.L.C., Ms. Crane was responsible for managing office activities, managing all pilot training activities and compiling flight information. Ms. Crane is also currently attending Metro State University. The City Administrator and I believe that Ms. Crane would be an asset to the City and we are recommending that the Council hire Ms. Crane for the position and adopt the following compensation schedule for Ms. Crane: • Step 2 ($33,635.01) to start • Step 3 ($35,613.54) after six months pending satisfactory performance • Step 4 ($37,592.07) after one year pending satisfactory performance • Step 5 ($39,570.60) after two years pending satisfactory performance Pending City Council approval, Ms. Crane would begin employment with the City Tuesday, March 26, 2002. All personnel policies would apply normally. RECOMMENDATION Approve Resolution 5740 Hiring Desaree Crane for the Administration Department Administrative Assistant position. Respectfully Submitted Givonna Reed RESOLUTION NO. 5740 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Hiring Desaree Crane as the Administration Department’s Administrative Assistant WHEREAS, the Mounds View City Council has given direction to hire for the Administrative Assistant position; and WHEREAS, the position was advertised and the City received approximately 60 applications; and WHEREAS, it is recommended that Desaree Crane be hired to fill the position and would start with the City March 26, 2002 at Step 2 of the current pay range for the City’s Administrative Assistants. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve Resolution 5740 Hiring Desaree Crane as the Administration Department Administrative Assistant. Adopted this 25th day of March, 2002. ATTEST: Richard Sonterre, Mayor SEAL Kathleen F. Miller, City Administrator Motion by: Quick Second by: Thomas Sonterre Aye Quick Aye Stigney Aye Marty Aye Thomas Aye Item No.7P 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 to the City Administrator Item Title/Subject: Consideration of Resolution 5739 Hiring David Longville as the Golf Course Manager Date of Report: March 21, 2002 Upon direction from the City Council to proceed with hiring for the Golf Course Manager position, staff advertised the position and received approximately 30 applications. Mary Burg, General Manager for Brightwood Hills, assisted in interviewing six candidates for the position. Second interviews were held for the top two candidates. Mr. David Longville was unanimously selected as the most ideal candidate. Mr. Longville is a Certified Golf Course Superintendent with 17 years of experience. He holds Bachelor of Arts in Business Administration and Management (College of St. Thomas) and a Bachelor of Science in Environmental Horticulture with an emphasis in Turf Management (University of Minnesota). Mr. Longville currently works for a golf course in Illinois and has served as Golf Course Superintendent at a course in Altoona, WI and as Assistant Superintendent at the White Bear Yacht Club. Mr. Longville currently manages a private course with an annual maintenance budget of $600,000. He has extensive experience developing and monitoring budgets and managing personnel. Staff recommends that the Council appoint Mr. Longville as the new Golf Course Manager with the following compensation schedule: • Step 4 ($62,700) to start • Step 5 ($66,000) after one year of employment pending satisfactory performance The recommendation to start Mr. Longville at step 4 is based on his extensive experience in similar positions. If appointed, Mr. Longville would be moving his family from Illinois to the metro area. Staff recommends that the Council provide moving expenses comparable to what has been provided in the past to department heads who relocated upon being hired by the City. Staff will provide additional information Monday regarding how much financial assistance has been provided to other department heads in similar positions. Mr. Longville has been advised that if the Council approves his appointment as Golf Course Manager, the offer of employment will be contingent upon satisfactory reference, criminal, credit and driver’s license background checks. In addition, Mr. Longville must obtain a MN Commercial Drivers License within six months. He currently holds an Illinois Commerical Drivers License. Recommendation Adopt Resolution 5739 Appointing David Longville as the City’s Golf Course Manager Respectfully Submitted, Givonna Reed RESOLUTION NO. 5739 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPOINTING DAVID LONGVILLE AS THE GOLF COURSE MANAGER WHEREAS, the City of Mounds View Golf Course Manager position has been vacant since June 7, 2001; and WHEREAS, the City has received and reviewed approximately 30 applications for the position and interviewed six candidates; and WHEREAS, David Longville’s skills and experience most closely match the city’s needs. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council appoints David Longville as the City of Mounds View Golf Course Manager, and BE IT FURTHER RESOLVED that the City Council authorizes a starting salary Step 4 ($62,700) with an increase to Step 5 ($66,000) after one year of employment pending satisfactory performance; and BE IT FURTHER RESOLVED that Mr. Longville will begin employment with the City on (or as soon as possible after) April 9, 2002; and BE IT FURTHER RESOLVED that Mr. Longville will be reimbursed up to $XXXX for moving expenses. BE IT FINALLY RESOLVED that all other personnel policies will apply normally. Adopted this 25th day of March, 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 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 11, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:08 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Mayor Sonterre, Quick, Marty, Stigney, and Thomas (absent). 3. APPROVAL OF AGENDA A. Monday, March 11, 2002 City Council Agenda. Council Member Quick asked that Item 8 be moved up in the agenda. City Administrator Miller requested that Resolution 5724 be added as Item 7J. She also requested that Council consider moving Item 11A up to Item 5. MOTION/SECOND: Stigney/Quick. To Approve the March 11, 2002, City Council Agenda as amended. Ayes - 4 Nays – 0 Motion carried. 4. SPECIAL ORDER OF BUSINESS A. Recognition of Edgewood Middle School Students Deputy Chief Brennan thanked and commended the students involved with the school bus incident. Mayor Sonterre presented a merit award to Shannon Soffer, Matt Nelson, and Paul Boenke for their heroic efforts during a potentially dangerous school bus incident that occurred on February 26, 2002. He also noted that Tanner Socko was not presented but would also be given a merit award. Council Member Council Member Marty thanked them for the Quick thinking and told the students they made Mounds View proud of them. Mounds View City Council March 11, 2002 Regular Meeting Page 2 5. PUBLIC INPUT David Jahnke of 8428 Eastwood Road asked if Mayor Sonterre had paid the City the money for the fitness equipment as requested by Resolution. Mayor Sonterre said no and added he intended to pay at the end of the month. Mr. Jahnke said he felt the matter should be paid immediately and the tax issue dealt with later. Mr. Jahnke expressed concern for enlarging Staff to get work done especially in light of other cities, for example Minneapolis, cutting back on staff. He commented with the expected state cuts the City is not going to have the money for increased Staff. He then commented that he is concerned that a member of Council is not allowed to obtain information without paying for it without the majority vote of Council because the members of Council represent him and should be able to investigate anything they feel necessary. Mr. Jahnke expressed concern for the amount of comp time that Staff accrues and suggested scheduling better in order to reduce the amount of Staff comp time. Mr. Jahnke commented that he feels the agency doing the headhunting for the City did not tell the whole truth with regard to the hiring of the last City Administrator. He further commented that he did not think the headhunter told the City all that is going on and said he feels the Mayor should look into the matter. Mayor Sonterre said he did not think it was fair to lump all cities together when considering staffing issues because he knows the City of Minneapolis has been working with excess staff and the City of Mounds View has been working lean for years. He then urged Mr. Jahnke to contact City Staff to obtain any further information he needed. 6. CLOSED SESSION A. To Discuss Labor Negotiations MOTION/SECOND: Marty/Quick. To Recess to Closed Session to Discuss Labor Negotiations. Ayes – 4 Nays – 0 Motion carried. Council recessed at 7:25 p.m. Council reconvened at 9:10 p.m. 7. UNFINISHED BUSINESS None. Mounds View City Council March 11, 2002 Regular Meeting Page 3 8. CONSENT AGENDA A. Just and Correct Claims B. Licenses for Approval C. Resolution 5721 Approving a Wage Adjustment for Kasey Keckeisen D. Resolution 5609 Adopting Revised Salary Schedule for the Clubhouse Manager E. Correcting Resolution 5711 Approving Payment to Elegant Thymes Management Company for Management of the Mounds View Banquet and Conference Center F. Resolution 5720 Establishing a Calendar for the Preparation and Adoption of the 2003 Budget and Long Term Financial Plan G. Resolution 5722 Extending Use of Temp Agency for Administrative Assistant Services Council Member Marty requested that Items A, C, E, and G be removed for discussion. MOTION/SECOND: Quick/Sonterre. To Approve Consent Agenda Item A as presented. Council Member Marty commented that Check Number 107733 in the amount of $113.39 for a shovel and leaf rake seemed high. He then asked why the Mounds View Matters arrived after the home show and the cover page was an advertisement for the home show. He further questioned what period the check to the school district covered. Council Member Marty then noted there was a check issued to the Minnesota Chiefs of Police for education and training and asked whether the City had posted the Chief position. City Administrator Miller indicated that Staff intended to fill the golf course manager’s position and then begin advertising for the Chief’s position. Council Member Marty indicated Check Number 107773 was issued to the Spring Lake Park Fire Department in the amount of $13,000.50 and said he would like to know what dates the payment covers and when the City received the bill. Mayor Sonterre asked another staff member to see if the Finance Director was available. He then commented that Staff works diligently to have Council packets available on Thursday and asked Council Members to ask clarifying questions of Staff prior to the meetings in the future. Council Member Marty indicated he was on vacation and flew back for the meeting. Mayor Sonterre asked City Administrator Miller to take note of Council Member Marty’s questions and provide answers to him. Council Member Stigney pointed out there were two checks for the North Metro Mayor’s Association dinner meetings. He then asked if the bills were for one individual or two. Mayor Sonterre indicated the charges were for one individual and said he believes that the charges are for dinner as well as an equally divided charge for membership. Mounds View City Council March 11, 2002 Regular Meeting Page 4 City Administrator Miller indicated she would research the matter and provide further information. Council Member Marty asked Staff to research the answers to his questions on Check 107735, 107736, 107749 and report back to Council. Ayes – 4 Nays – 0 Motion carried. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Item C as Presented. Council Member Marty indicated he wanted to thank Mr. Keckeisen publicly for his service to the City. Council Member Stigney read Resolution 5721. Ayes – 4 Nays – 0 Motion carried. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Item E as Presented. Council Member Marty indicated he was wondering if the payment was calculated on the net and, if not, said he thinks it should be changed to reflect that. He then asked for the status of the RFP for management of the banquet center. He further commented that it appears the payment is calculated based on the 78.88% of gross revenues calculation that has been found not to be in the best interest of the City. City Administrator Miller indicated the City is still operating under the current management contract because the City has not severed its relationship with Innovative Images. She further explained that because the relationship has not been severed with Innovative Images, the City is not in a position to renegotiate the contract. Council Member Stigney pointed out the last paragraph says net revenues but paragraph five says gross revenues. Mary _Tatarack indicated she had worked with the table but not the Resolution and explained how the calculation was arrived at. City Administrator Miller indicated she believed the term gross should be net based on Exhibit A because the number in the Resolution is referred to in the chart as a net number. Council Member Marty indicated he would like to table this matter for further clarification in order to avoid issues with miscalculations as in the past. MOTION/SECOND: Marty/Stigney. To Table Consent Agenda Item E For Further Information. Mounds View City Council March 11, 2002 Regular Meeting Page 5 Ayes – 4 Nays – 0 Motion carried. Council Member Marty pointed out a typo in Resolution 5722 in the third whereas. He then asked if the position had been posted and, if so, when it closes and the timeframe for hiring. City Administrator Miller indicated the position was posted, Staff has reviewed applications, and interviewed for the position last Friday. She then indicated Staff would be before Council with a recommendation for hiring at the next meeting. Council Member Stigney asked whether the temp works a 40 hour week. City Administrator Miller indicated the temp is scheduled to work a 40 hour week. Council Member Stigney indicated he had an issue with the temp being paid for a 40 hour week because he questions whether the City gets 40 hours worth of work out of the temp. Mayor Sonterre commented that the person being replaced by the temp was a full-time employee. Assistant City Administrator Reed indicated the individual has been working just under 40 hours per week and said she asked for a four week extension because she was not sure how interviews would turn out on Friday. She then said if Council approves the recommendation for hiring and the individual accepts the position, she would not need the full four-week extension for the temp. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Item G as Presented. Ayes – 4 Nays – 0 Motion carried. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Items B, D, and F as Presented. Ayes – 4 Nays – 0 Motion carried. 9. COUNCIL BUSINESS A. Public Hearing, First Reading and Introduction of Ordinance 693, an Ordinance Amending Section 1106.03 of the Mounds View Zoning Code Pertaining to Accessory Structures. Mayor Sonterre opened the public hearing at 9:35 p.m. Planner Atkinson indicated the amendment to the Ordinance is being proposed by the Planning Commission because it was discovered that the combined area for accessory structures was not great enough for larger properties in the City. He further explained that the Code currently allows 1400 square feet of accessory structures and the Planning Commission is recommending a change to allow 1800 square feet. Mounds View City Council March 11, 2002 Regular Meeting Page 6 Mayor Sonterre closed the public hearing at 9:36 p.m. MOTION/SECOND: Quick/Marty. To Waive the Reading, Introduce the Reading and Approve Ordinance 693, an Ordinance Amending Section 1106.03 of the Mounds View Zoning Code Pertaining to Accessory Structures. Ayes – 4 Nays – 0 Motion carried. B. First Reading and Introduction of Ordinance 692, an Ordinance Amending Section 1006.06 of the Mounds View City Code Pertaining to Development Controls. Planner Atkinson indicated this amendment to the Code was initiated by Staff and explained that Staff is attempting to clarify the intent of the existing Code by clarifying what types of construction needs to be reviewed by the Planning Commission and Council and which types of construction requires a development contract. Council Member Marty noted the Ordinance referred to all new construction and expansions and existing construction for single and two family dwelling units. He then commented that this statement ruled out most of the City. Planner Atkinson indicated the building permit process would cover single family and twin homes. He further explained that Staff feels it is unnecessary to take the smaller construction projects all the way through the process. Mayor Sonterre noted if the proposal met all the criteria for zoning and lot sizes an administrative approval would be given and, if not, the proposal would go before the Planning Commission. Council Member Marty asked for clarification of the last underlined portion indicating this requirement may be waived by City Council if no public improvements are planned or proposed. Planner Atkinson indicated that sentence gives discretion as to whether it is necessary to enter into a development contract and further explained there may be simple projects that would not need a development contract. MOTION/SECOND: Quick/Marty. To Waive the Reading, Introduce the Reading and Approve Ordinance 692, an Ordinance Amending Section 1006.06 of the Mounds View City Code Pertaining to Development Controls. Ayes – 4 Nays – 0 Motion carried. Mounds View City Council March 11, 2002 Regular Meeting Page 7 C. First Reading and Introduction of Ordinance 695, an Ordinance Renaming a Disconnected Section of County Road J. Planner Atkinson explained that when County Road J was realigned it left a portion of former County Road J all by itself and residents have approached the City to ask that it be renamed in order to resolve a mail and package delivery issue. He further explained that this matter was discussed at a work session and noted residents had asked for a simple change to Old County Road J because that would allow them to keep their house numbers. Planner Atkinson indicated he had received two calls, one asking that the road be renamed to Long Lake Road and another asking for something a little more attractive than Old County Road J. Council Member Marty asked how many residents are affected by this issue. Planner Atkinson indicated there are 8 addresses on County Road J but noted he had also sent notice to those residents with a property line fronting County Road J. Council Member Marty clarified that five or six of the residents involved are fine with Old County Road J and two residents called asking for something else. Planner Atkinson indicated that one of the callers had an address on Red Oak Drive and is not directly affected. Council Member Stigney indicated the signage in the area refers to the road as 85th Avenue NE and said he feels the logical name for the road would be Long Lake Road or maintain it as 85th Avenue NE. He then commented he understands the concern of not wanting to change house numbers but noted if the road is ever brought up to date it would be changed to Long Lake Road. Mayor Sonterre indicated the key component of the discussion from the work session was a request for upgraded signage. He then questioned what the state would do with regard to the roadway. Public Works Director Lee indicated he could make a request to the state but said he highly doubted they would be receptive to the suggestion because there is no direct connection to this section of roadway. He then indicated his Staff is prepared to change out the name plate signs with whatever name Council approves. Council Member Marty said he feels the most logical thing would be North Long Lake Road but said he does not live over there and this is what residents have asked for. Council Member Quick said he felt 85th Avenue made the most sense. Council Member Stigney indicated the state signs would remain the same if the City used 85th Avenue. He then asked if that would get into an issue with the house numbers. Mounds View City Council March 11, 2002 Regular Meeting Page 8 Planner Atkinson indicated he would check with the post office. Council Member Quick commented that changing the name of the road to 85th Avenue should leave the house numbers the same because it was 85th Avenue at one time. MOTION/SECOND: Quick/Stigney. To Table The First Reading and Introduction of Ordinance 695, an Ordinance Renaming a Disconnected Section of County Road J. Ayes – 4 Nays – 0 Motion carried. Council Member Stigney asked Planner Atkinson to poll residents for their preference on either 85th Avenue or Long Lake Road. D. Second Reading and Adoption of Ordinance 694, an Ordinance Amending Chapter 607 of the Mounds View City Code Relating to Nuisances. MOTION/SECOND: Marty/Sonterre. To Waive the Reading, Introduce the Second Reading and Adopt Ordinance 694, an Ordinance Amending Chapter 607 of the Mounds View City Code Relating to Nuisances. ROLL CALL: Quick/Marty/Stigney/Thomas (not present)/Sonterre. Ayes – 4 Nays – 0 Motion carried. Council Member Marty thanked Staff for working on this issue. E. Public Works Department Quarterly Report. Public Works Director Lee addressed Council and indicated he was pleased to present the Public Works Department quarterly report. He then indicated the report was quite lengthy and provided a brief overview of the report for Council. Public Works Director Lee indicated that the largest public improvement project for the City during 2002 would be the County Road H2 reconstruction. He then outlined the construction schedule for Council. Public Works Director Lee indicated that a pre-construction neighborhood meeting would be held for residents to ask Staff questions and give residents an opportunity to meet the inspector for the project. Public Works Director Lee indicated he is recommending the addition of expansion joints every 40 to 60 feet because this technique has proven to be a cost effective way to control cracking. He Mounds View City Council March 11, 2002 Regular Meeting Page 9 then indicated that 27 of the 30 residents who returned a survey had asked that no parking be allowed on H2 and Staff is recommending the project proceed without on street parking. Public Works Director Lee indicated the water tower rehabilitation project was estimated to cost $37,000 and, since only $25,000 was budgeted for it this year Staff is recommending holding off on this project until 2003 with the hopes of budgeting the remaining funds in 2003. Public Works Director Lee indicated Staff would be working with the County on the traffic signal at Pleasant View Drive. Public Works Director Lee indicated that for the last 10 years Well Number 4 has been out of service and the City engineer is looking into the costs of making it operational again. Public Works Director Lee indicated Staff met with URS on the County Highway 10 redevelopment project and would be bringing a draft concept to Council for discussion at an upcoming work session before holding a public input meeting. Public Works Director Lee indicated that the County intends to proceed with the mill and overlay of County Highway 10 and has indicated it will be done sometime in 2002. Public Works Director Lee indicated Staff would be bringing a full report concerning the noise wall issue to Council on April 1, 2002 for discussion. Public Works Director Lee indicated public works has been working with the Police Department and Community Development on new signage at Edgewood Middle School and Pinewood Elementary School including possible changes in parking areas. He also indicated public works has been looking at signage along H2 and Jackson Drive and noted any recommendations for change would be brought to Council for consideration. Public Works Director Lee indicated the Hillview warming house project is complete with the exception of minor items and noted that the Parks and Recreation Commission has scheduled a ribbon cutting ceremony for May 23, 2002. He further noted Staff has been contacted by the boy scouts who have a troop member attempting to obtain his eagle scout badge and said this scout will act as the general contractor in ordering material and implementing the landscaping project with Staff. Public Works Director Lee indicated the City had received a draft copy of the Local Water Management Plan from the City engineer and public works will review and provide comments. He also indicated public works had received the EAW for the Greenfield Park ponding project and would be reviewing it and providing comments. Public Works Director Lee pointed out that spring load restrictions are in place until mid to late April. Mounds View City Council March 11, 2002 Regular Meeting Page 10 Public Works Director Lee indicated one of the main goals for public works is to review and analyze the operation and structure of the department to see if it can be made more efficient to serve the needs of residents and Council. He also indicated that he would like to review and develop polices and procedures for the department. He further indicated his department is looking into the long term planning goals for the City with regard to capital improvements. He indicated public works was asked to take the lead on the long term planning goals for the City with regard to capital improvements and the deadline for that plan is June 3, 2002. Mr. Lee finished his report and invited any Council Members or residents to contact him with questions. Council Member Marty said Mr. Lee had provided an excellent report and said the public works team has done a good job. Council Member Marty suggested posting the April 8, 2002 meeting where Council will approve plans for the H2 reconstruction to allow interested residents to attend. Council Member Marty asked what a partial replacement of the interior wet coating was. Public Works Director Lee indicated that interior wetcoating is the surface coated by water. He explained that some of the areas normally covered by water have rusted and the tank will need to be drawn down so that those areas can be sandblasted and replaced. He then noted that water service would be available during the repairs. Council Member Marty questioned whether holding off on making the water tower repairs until 2003 would end up costing the City more money. Public Works Director Lee indicated he had checked into that and found that the recommendation for repairs stated that the repairs should be done within 24 months so waiting until 2003 should have no major impact on the scope of the project. Council Member Marty thanked Mr. Lee for the update on the Pleasant View traffic signal. Council Member Marty asked Mr. Lee to provide an update to Council on the rehabilitation of Well Number 4 before the next quarterly report. Council Member Marty noted the redevelopment of County Highway 10 was scheduled for 2006 and 2008 in the report. He then asked why the redevelopment was still so far off and whether the crosswalk times could be lengthened prior to the actual construction. Council Member Marty asked whether the recent state aid cuts would affect the municipal state aid for streets for the City. Public Works Director Lee explained that the numbers are not affected because they are derived from gas taxes. Mounds View City Council March 11, 2002 Regular Meeting Page 11 Council Member Marty indicated that public works had 2002 golf course prep work in the report and asked whether the golf course would be under public works or if this was an interim measure. City Administrator Miller indicated that public works is handling the matter as an interim measure until a manager is hired. Council Member Marty noted the exam to obtain pesticide applicators license is scheduled for April 8, 2002. He then commented he thought one of the golf course manager requirements was the ability to administer pesticides, making the purchase of the study manuals and testing not necessary. City Administrator Miller indicated that pesticide management was one of the qualifications. Council Member Quick indicated there were other spots in the City where pesticide application is required besides the golf course. Council Member Marty suggested that the boy scouts working on the Hillview warming house landscaping contact the City Forester for approval of the types of materials to be used. Public Works Director Lee indicated he intended to oversee the boy scouts to make sure that the right selections are made. Council Member Marty commented the feasibility study for cameras suggested it is not a possibility and questioned why not. Council Member Marty indicated he approved of establishing a pool of consultants rather than using just one. Council Member Marty said he feels the survey is a good idea. Mayor Sonterre indicated Council had given permission for the survey but did not identify a funding source. Council Member Marty commented that Mr. Lee’s report had said that filing is a trivial matter and said he does not think it is trivial at all. Council Member Marty indicated he liked the idea of special recognition of employees who go above and beyond. Council Member Marty asked what types of leaks are being referenced in the leak survey. Mounds View City Council March 11, 2002 Regular Meeting Page 12 Public Works Director Lee indicated the survey looked at two separate things, water main leaks and leaks from the main to residential properties. He then indicated that six leaks were found from the main to residential properties. Council Member Marty asked whether the City is reimbursed for cleaning the storm sewer for Blaine. Public Works Director Lee indicated that the City is not financially reimbursed but there is a swap of labor and equipment that benefits both cities. Council Member Marty asked Staff to provide an update as to where the City is on budget for snow removal and chemicals. Council Member Stigney said it was a very thorough and informative report and he was happy to review it. Mayor Sonterre asked whether the expansion joints on H2 would reduce the seal-coating schedule. Public Works Director Lee indicated the expansion joints would save time and money in terms of not having to send a crew out to router the line and fill it in. He then commented that, since the pavement will crack and need to be filled in anyway doing it at the beginning helps out in terms of expanding the life of the pavement. Mayor Sonterre asked whether Staff had a guarantee that the water tower repair estimate would be the same in 2003. Public Works Director Lee indicted there was no guarantee and noted the cost is an engineer’s estimate and may not be exact. He then commented he would like to bid the job in early 2003 and would know the true costs at that time. Mayor Sonterre indicated that, at a recent Ramsey County League of Local Governments meeting he sat down with a representative from Ramsey County and was assured that the County has allocated, as part of the reconstruction turn back money, funds for both signage and lights and will be doing an investigation into what needs replacement and modification and that modification will take place before the 2006 timeline. Mayor Sonterre asked whether there is a method for reinforcing spring road restrictions. Public Works Director Lee indicated that the City has an active enforcement program whereby the public works department monitors traffic in the City and if a suspicious vehicle is spotted it is pulled over, weighed and, if necessary, the police department is called to ticket them. F. Consideration of Resolution 5713 Authorizing Seasonal Golf Course Positions for 2002. Mounds View City Council March 11, 2002 Regular Meeting Page 13 Assistant City Administrator Reed indicated this matter was removed from the February 25, 2002 meeting agenda at the request of Mr. Serfling from AFSCME. She then indicated the City and the union have not settled on seasonal wages for the golf course employees. She further indicated the issue is the City has not yet settled on wages and needs to open the course shortly so Staff is needed. Assistant City Administrator Reed indicated she was asking Council to authorize Staff to hire two employees at 40 hours per week at a maximum of $10.25 per hour for a six month period. She then indicated she is aware that changes to the salary may need to be made based on negotiations with AFSCME. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 5713, a Resolution Authorizing Seasonal Golf Course Positions for 2002. Council Member Marty said he feels it is time to get golf course personnel out at the course because help is needed out there to get it up and running. Mr. Serfling said he is disappointed that Council is being asked to do this because he had asked that Council vote against the setting of salaries for seasonal employees because the union considers it to be an unfair labor practice. He then commented that the City has been in negotiations with the union since mid-October and it was not until March 5, 2002 that the union received a wage proposal and it was less than what is being proposed to Council tonight and significantly less than what was proposed on February 25, 2002. Mr. Serfling indicated he had spoken to Ms. Reed about working out something under a temporary agreement and suggested the City could avoid conflict by rehiring employees at last year’s salary. He then commented that unilaterally setting salaries is a violation of the bargaining law that requires good faith negotiations and the union does not think this is a good faith attempt to negotiate. He further asked Council not to approve this resolution. Council Member Marty pointed out that Ms. Reed had indicated during her presentation that the salary is temporary and subject to change based on wage negotiations with the union. Mr. Serfling indicated the law requires salaries to be bargained and this salary has not been bargained so rehiring at last summer’s wage would be appropriate. MOTION/SECOND: Quick/Sonterre. To Call the Question. Ayes – 4 Nays – 0 Motion carried. Ayes – 4 Nays – 0 Motion carried. Mounds View City Council March 11, 2002 Regular Meeting Page 14 G. Consideration of Resolution 5706, a Resolution Revoking the Business License for Gas ‘n Splash, Located at 2525 County Highway 10. Community Development Director Ericson indicated this matter was tabled at the February 25, 2002 meeting to allow the business owner to be in attendance when the matter was discussed. He then explained the facility expanded its car wash and the Metropolitan Council had determined that the expansion warranted a SAC charge of 41 units which amounts to $43,050.00 which the City had to pay to the Metropolitan Council. Director Ericson indicated there has been correspondence back and forth among the parties involved and the business owner contents that this is an unfair fee but the Metropolitan Council has argued that the fee is set based on the capacity for water usage not actual water usage. Director Ericson indicated he would like to give Mr. Mack, the business owner, the opportunity to address Council and explain his position. He then indicated Staff is aware that revoking the business license will not get the City paid any faster but the amount does need to be paid and this is leverage the City can use to attempt to obtain payment. Mayor Sonterre asked if there is a legal basis by which the City could enter into an agreement with Mr. Mack to receive a portion of revenues generated until the amounts are paid. City Attorney Riggs indicated the City could enter into a repayment agreement but said the business owner has had that opportunity available to him for quite some time and it has not come to fruition. He also noted the City could place the amount on the tax rolls to be directly collected. Mayor Sonterre asked whether one party has not agreed or whether an agreement had not been discussed. Director Ericson indicated that Staff has made attempts to enter into some type of negotiations with Mr. Mack and noted it was not until this year that Staff had spoken to Mr. Mack concerning the matter. He then noted that Mr. Mack had sent a letter to the Metropolitan Council asking that the Metropolitan Council reimburse the City. He further noted that a representative from the Metropolitan Council had contacted him to indicate that the Metropolitan Council would not be refunding the amounts the City paid. Mr. Mack indicated he feels this is an unfair fee and said he wrote a letter to the Metropolitan Council asking that they reimburse the City the amounts paid. He then indicated he had received a voicemail from someone who gave a name and telephone of another representative to contact for further information. He further indicated he intended to contact that person the next morning. Mr. Mack said he would like to see the Metropolitan Council give back the $43,000 and said if he can dismantle the machine in a way that renders it unable to use that much water he would like to do so. Mounds View City Council March 11, 2002 Regular Meeting Page 15 Mayor Sonterre told Mr. Mack this matter has been outstanding for a long time. He then said he is surprised that Mr. Mack has not been more aggressive to see if he could make modifications regarding the water output. He further commented that he finds it hard to believe that Mr. Mack received a voicemail today indicating that this person could be contacted for further information and, knowing he was coming to Council to discuss the matter, Mr. Mack did not make an effort to contact this individual and has nothing to present to Council other than he hopes to call tomorrow. Mr. Mack agreed he has had time to deal with the matter but said he does not use the water the Metropolitan Council claims he would use. Mayor Sonterre indicated Mr. Mack has an issue with the Metropolitan Council concerning how the SAC unit charge was determined but that issue is separate from the issue of Mr. Mack owing the City $43,000. Mayor Sonterre asked Mr. Mack if he had a willingness to work out a payment schedule with the City. Mr. Mack said he does not feel he should have to pay anything and said he wants the Metropolitan Council to pay the City. Mayor Sonterre said Mr. Mack needed to take care of what he owes the City. He then asked Mr. Mack if he was interested in involving himself in an arrangement to make payments to the City based on revenues from the business. Director Ericson indicated it seems that the City has gone past the point of attempting to enter into a payment arrangement but said that, since negotiations had only just begun after all this time, he is willing to give Mr. Mack the opportunity to work out a payment arrangement. Mayor Sonterre asked Director Ericson to sit down with Finance Director Hansen to determine how much the payment to the City should be and asked that the matter be back before Council at the next meeting if an agreement is not reached. He then noted that the business license would be revoked at the March 25, 2002 meeting if an arrangement is not made. MOTION/SECOND: Stigney/Marty. To Table Resolution 5706, a Resolution Revoking the Business License for Gas ‘n Splash, Located at 2525 County Highway 10 to March 25, 2002 to Allow Staff to Attempt to Negotiate a Payment Arrangement. Ayes – 3 Nays – 1(Council Member Quick) Motion carried. Mounds View City Council March 11, 2002 Regular Meeting Page 16 H. Consideration of Resolution 5723 to Authorize Staff to Purchase Video Surveillance Equipment for the Mounds View Community Center. Deputy Chief Brennan indicated there was a meeting in early February 2002 to discuss issues such as theft, vandalism and disorderly conduct at the Community Center. It was determined, at that meeting, it was time to look into ways to alleviate these types of problems. Deputy Chief Brennan indicated that the YMCA is looking at adding additional staff members and noted that, looking at the facility there were six areas that he feels are important and he recommends installing surveillance cameras in those locations. Deputy Chief Brennan indicated the estimates for the surveillance cameras discussed at the March 4, 2002 work session were lower than the actual estimates. He then went over the proposals and recommended approval of the Roseville bid. Council Member Marty asked what kind of funding source would be available for the surveillance cameras. City Administrator Miller indicated the City has a contingency fund and said there is not money available in the Community Center Fund for this type of expenditure. Mayor Sonterre said he would argue that this would meet the criteria for the use of park dedication funds. City Administrator Miller indicated she would need to determine whether that would be an allowable expenditure for park dedication funds. Mayor Sonterre said he believes the park dedication funds can be can be spent to any end for programming and he would argue that the safe operation of public recreational facilities and those programs operating within them falls under that category. He then said, if you look under the City Code the Parks and Recreation Commission is charged with recommendations on all City recreational facilities and that would include the Community Center. He further said that a small step would be to implement screening procedures while looking into funding the surveillance cameras with park dedication fees. Deputy Chief Brennan indicated that those on the intranet would be able to see the video output from the surveillance cameras but explained putting that data out onto the internet would be an added expense because a hosting site would need to be arranged. Deputy Chief Brennan indicated Roseville was $60.00 over the lowest bid but he feels it would be a good idea to go with Roseville because they would be supporting the system. Council Member Stigney indicated there were two security vendors at the home and garden show and asked whether either of them had contacted the police department. Mounds View City Council March 11, 2002 Regular Meeting Page 17 Deputy Chief Brennan indicated that the two security vendors had contacted him. Council Member Stigney asked whether the City should be looking at all the same equipment when comparing vendors. Deputy Chief Brennan indicated the camera with the best specs is a Sony and Roseville quoted that one. He then said he was not sure how to compare the models because it was beyond his expertise. Council Member Stigney said it looked like there was a camera that had variable focal length. Deputy Chief Brennan indicated one bid quoted different lenses and said he is not sure what type of lens Roseville quoted. Council Member Stigney noted the Roseville quote does not say anything about the lens. Deputy Chief Brennan indicated he was not sure what type of lens Roseville was quoting but said he had seen it in action on the intranet. Council Member Stigney indicated that Sony might have had this model and it was good last year but there would be a new model for this year and he thinks somebody should look at that. Deputy Chief Brennan indicated Mr. Hess would be working with the folks from Roseville to make sure the equipment is as compatible as possible. Council Member Stigney suggested getting the model numbers and shopping prices to get an idea of the actual cost of the system. Mayor Sonterre asked if it would be easier for Roseville to identify who they were buying through. Council Member Marty said he would like Mr. Hess to work with Roseville to compare models and make sure the City is getting the most bang for the buck and the best equipment it can. He then commented that the Roseville proposal was a little vague in comparison to the other proposals. Mayor Sonterre said he wanted Roseville to define the equipment. Council Member Stigney said he would like to see what is available on the market now. Mayor Sonterre asked Staff to provide more information on the equipment and asked City Administrator Miller to identify the funding source. Mounds View City Council March 11, 2002 Regular Meeting Page 18 MOTION/SECOND: Stigney/Marty. To Table Resolution 5723, a Resolution Authorizing Staff to Purchase Video Surveillance Equipment for the Mounds View Community Center to the March 25, 2002 Council Meeting. Ayes – 4 Nays – 0 Motion carried. I. Consideration of Resolution 5724 Approving a Policy for Appointing Commission Members. City Administrator Miller explained that at the last City Council meeting a member of the public questioned the procedure by which the City makes appointments to commissions. She then indicated that as a result of that question she had put together a draft of a policy that includes a provision for notification, publication, review and formal notice of the appointment. She further indicated that the policy should formalize what is being done now. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 5724, a Resolution Approving a Policy for Appointing Commission Members. Council Member Marty asked whether the policy would be attached to the Resolution. City Administrator Miller indicated the policy would be connected to the Resolution. Council Member Marty indicated he wanted to change the policy under item five to indicate that Staff will make copies for the Mayor and Council to review. He also requested to change the policy to state that the Mayor and City Council will be provided with copies of all applications in council packets when the applications are received. Mayor Sonterre indicated that he sometimes receives applications when no position is open and asked Council whether they felt they needed to see applications if there is no position available. City Administrator Miller indicated her rationale in having the language of the policy read as it does is to follow what is in the City’s Code because the Code states that the Mayor makes a recommendation to the City Council for Council approval. She then indicated the Mayor may need to conduct discussions or interviews and would need the information sooner than the rest of Council but said Council would receive the applications with the Mayor’s recommendation. Mayor Sonterre asked that the Resolution be made less gender specific with regard to the Mayor. Council Member Marty said he would like to see the applications come to Council when they are received because in the past Council has been provided with only the application for the Mayor’s recommendation and he would like to ensure that Council sees all the applications. Mayor Sonterre clarified the policy does indicate that Council will get all applications its just a matter of when. Mounds View City Council March 11, 2002 Regular Meeting Page 19 Ayes – 3 Nays – 1(Marty) Motion carried. J. Resolution 5724, a Resolution Supporting Legislation Authorizing by Private Sale the Tax Forfeited Land Defined as LaPort Meadows of State Highway 10 Right of Way. City Administrator Miller indicated the City was asked to approve this Resolution by Senator Chaudhary’s office and noted that Ramsey County Commissioners would be hearing a similar resolution the following day. Mayor Sonterre indicated the director of Ramsey County Property Taxes and Revenue wrote the resolution defining this and thanked her for her support. He then indicated that Commissioner Bennett would be introducing the resolution to the County Board and recommending a public sale with a fee of $1.00 for the City to obtain the parcels. MOTION/SECOND: Sonterre/Marty. To Waive the Reading and Approve Resolution 5724, a Resolution Supporting Legislation Authorizing by Private Sale the Tax Forfeited Land Defined as LaPort Meadows of State Highway 10 Right of Way. Ayes –4 Nays – 0 Motion carried. 10. REPORTS City Administrator Miller indicated she was advised by Senator Chaudhary’s office that there is a town hall meeting at the Community Center on March 12, 2002 at 8:00 p.m. She also noted that Representative Evans would be at the meeting. City Administrator Miller indicated she had a hand out for Council and requested that Council Members read it and give it back to her this evening because it contained nonpublic information that she is allowed to share with Council publicly. City Attorney Riggs indicated the data is not public and cannot be disseminated but the information can be discussed at the meeting. City Administrator Miller explained that the document is a ruling from the Minnesota Department of Economic Security reversing its earlier decision to award unemployment benefits to former employee Bruce Kessel. She then explained that the Minnesota Department of Economic Security had previously ruled in favor of the former employee and that decision was appealed by the City. City Administrator Miller asked Council to turn to Page 3 of the document where she read the reasons for the decision to reverse the previous ruling. They are as follows: *enter from document. Mounds View City Council March 11, 2002 Regular Meeting Page 20 City Administrator Miller then gave a brief overview indicating that the judge found that the applicant was discharged because of employment misconduct and the unemployment judge found that the employee had the training and experience to perform his duties adequately and either chose to create an inadequate accounting system or did not care and his hostility or lack of concern for the employer constitutes misconduct. She further indicated there were 12 findings elaborated in the report and noted briefly that the judge mentions the issue of credit cards, the overuse of credit cards, and the number of cards issued. Council Member Quick asked to have the findings of fact read. City Administrator Miller read the findings of fact from the document. They are as follows: (1) The applicant worked full-time for the employer from July 8, 1996 until June 7, 2001 as finance director for a final hourly wage of $33.80. (2) The employer is a Minnesota City. (3) It was the applicant’s job to design and administer accounting systems that would accurately show the income and expenditures of the employer. It was also the applicant’s job to provide other city officials with financial information that they needed to administer to their departments. (4) The applicant has been a CPA for several years. Before he was hired for this position, the applicant worked several years in the finance department of another Minnesota city. (5) It is very unusual for a Minnesota city to issue more than one or two credit cards to employees for the purchase of merchandise for the city. When the applicant started working for the employer, the employer had issued one credit card to an employee. During the applicant’s employment, he issued credit cards to more and more employees. At the time of the applicant’s discharge, more than 20 city employees had credit cards they could use to charge purchases against the employer. Two individuals who were not city employees also had city credit cards. The number of credit cards made it impossible for the city to check each purchase to insure that it was for an authorized city purchase. There were employees who used city credit cards to make personal purchases and did not reimburse the employer. The employer took no action regarding those unauthorized charges because the applicant did not know about them or he condoned them. (6) The employer has a strict written policy that city funds will not be used to purchase alcohol beverages. The applicant was aware of this policy. During the applicant’s employment he authorized the reimbursement of employees, including himself, for the purchase of alcoholic beverages. (7) The applicant was uncooperative with other city officials when they asked for financial information. The city administrator asked for a quarterly financial statement she could use in council meetings to help the city plan expenditures. The applicant was at first hostile to this request. After several months, the applicant did provide the administrator with a document he characterized as a financial statement. This document was disorganized and provided little useful information to the administrator or the council. Other department heads complained to the administrator that the applicant was hostile to their requests for information. Mounds View City Council March 11, 2002 Regular Meeting Page 21 (8) During the applicant’s employment, the employer’s bank statements were not reconciled in a timely manner. When the employer discharged the applicant his replacement had to reconcile several months worth of bank statements. (9) During December 2000, the applicant approached the city administrator and told her that the city had overpaid a contractor who managed the city’s community center. The administrator asked how much the overpayment was and the applicant said he was not sure. Over the rest of the applicant’s employment the city tried to get an accurate report on the employer’s financial status regarding this contractor. Sometimes the applicant reported that the city had overpaid the contractor and sometimes the applicant reported that the city had underpaid the contractor. At the time of the applicant’s discharge there was still no definitive figure for disclosing the employer’s liability relationship with the contractor. This figure was very difficult if not impossible to determine because of the unusual, awkward, and inaccurate accounting systems the applicant had designed to manage the contract. (10) Throughout his employment, the applicant used incomplete and inaccurate methods of record keeping so that it is now impossible to review many of the transactions conducted throughout the applicant’s employment. (11) During the applicant’s employment he caused the employer to act in ways other than specified in several of the employer’s contracts. The applicant did not seek or obtain council approval for the contract changes. (12) The employer discharged the applicant on June 7, 2001 because of the facts set out above. “An applicant who was discharged from employment by an employer shall not be disqualified from any unemployment benefits except when: (1) the applicant was discharged because of employment misconduct;… The applicant had training and experience to perform this job adequately. The applicant either chose to make the employer’s financial system inaccurate and prone to abuse or he did not care about the inaccuracy and abuse of the city finances. This hostility or lack of concern for the employer and the responsibility of his job constitute misconduct.” Council Member Quick asked what the City needed to do next. City Administrator Miller indicated the former employee can appeal the decision but she is not certain whether he will do so. She then indicated that this is a huge win for the City because determinations such as this do not often go in favor of employers. Mayor Sonterre asked what monetary result occurs in this situation. City Administrator Miller indicated the City does not have unemployment insurance and pays its own unemployment claims. She then indicated the City would be reapid the dollars that were paid for unemployment for Mr. Kessel. Mayor Sonterre asked for the dollar amount. Mounds View City Council March 11, 2002 Regular Meeting Page 22 City Administrator Miller indicated she could look into the dollar amount and provide that information. Council Member Quick asked if the decision could be read from Page 4 of the document. City Administrator Miller read the decision on Page 4 for Council. It is as follows: “On June 7, 2001 the applicant was discharged because of employment misconduct. The applicant is disqualified until the end of the calendar week that the applicant has total earnings in subsequent covered employment of eight times the applicant’s weekly benefit amount. Benefits paid to the applicant, if any, shall be charged to the reimbursable account of the employer. The employer has elected to be liable for payments in lieu of taxes. The determination under appeal is reversed.” Council Member Marty asked what the last line meant. City Administrator Miller clarified that the City does not have unemployment insurance and pays directly for unemployment claims. She then noted the document goes on to state how the City can recover those payments already made. Council Member Stigney asked if the employee can appeal the decision again. City Administrator Miller indicated the employee has 30 days from February 27, 2002 to appeal the decision. Council Member Marty asked if the document received was two copies of the same thing. City Administrator Miller indicated that the documents provided were very similar but each had specific language in it. She also noted the one reversed the decision and the second amended the language to clean it up. City Administrator Miller indicated there had been discussion last week about data practices requests and she has compiled them into one folder if anyone wants to view them. She indicated she did not make copies assuming that Council wanted to view them rather than request copies. She then invited Council Members to make an appointment to come by her office to review the requests but said she is out of the office Tuesday after 1:00 p.m. and all day Wednesday. City Attorney Riggs indicated that Council Member Stigney had requested whether he had the ability under the data practices context to review data requested by another Council Member and the more efficient process under City policy and state law is that he would also be required to file a data practices request and that would be fulfilled as any other request would be. Council Member Stigney sent down a letter formalizing his data practices request. Mounds View City Council March 11, 2002 Regular Meeting Page 23 Council Member Quick asked whether the City has received any funds to reimburse the city for time spent to develop the data practice requests of Council Member Marty. City Administrator Miller indicated that the way that the policy works is that once the data practices request is compiled a letter is sent out to the requestor and the individual is not responsible for that dollar figure until the materials are picked up. She then said no. Council Member Quick commented that Council Member Marty is in the same boat as any other citizen who makes a data privacy request and does not follow through with it and now Council Member Stigney is interested in that information. City Administrator Miller indicated that Council Member Stigney’s request is a new request and it is a request to view the information and that is different than asking for copies. Council Member Quick commented that the City spent the Staff time to compile the information. City Administrator Miller indicated this is a separate data practices request. City Attorney Riggs indicated the City Administrator was correct and said it is unfortunate but the way the statute is written the City can only charge for Staff time if copies are made. Council Member Quick asked whether someone could come in and make a request and say they do not want the information and then another person can come in and ask to look at it. City Attorney Riggs indicated that the requested data becomes personal to the one making the request and the City has to produce that data again as a separate data request. City Administrator Miller indicated she would not be making copies as Council Member Stigney had asked to view the originals. Council Member Quick said he feels it is a scam situation and he feels it is rotten that the City can be abused the way it has been because there have been numerous requests that are compiled and left sitting at City Hall. City Administrator Miller indicated she had asked the Finance Director to provide her with a memo discussing his concerns with the data practices requests and the undue burden placed on his department. She further commented that in the Finance Director’s opinion a great deal of time and effort has been spent compiling these data requests and, as a result, some of what he needs to do has fallen through the cracks and the City may need to incur costs to have the auditor’s office take care of some of those tasks to ready the City for the audit. She indicated that it could cost between $650.00 and $1,000 for the auditor’s office to help catch up on those tasks. Council Member Quick indicated the costs multiply and cost the City money and he questions whether the intentions are in the best interest of the City. Mounds View City Council March 11, 2002 Regular Meeting Page 24 Council Member Stigney said he feels if it is public information, the public should have the right to view it at no cost and that is what he requested. Council Member Quick said he agreed with Council Member Stigney and said he will look at the information at some point as well. He then commented that willy nilly requests are a waste of money. Mayor Sonterre asked whether Council Member Marty would have the right to ask to see what Council Member Stigney requested without paying for it. City Attorney Riggs suggested asking for an opinion from the Department of Administration on that issue because he is not sure that the system in place would allow someone to not pay for one request and make a different request in order to avoid paying. Mayor Sonterre indicated that by statute a person can only make a request for the same data once every six months. City Administrator Miller indicated she did not mean to imply that anyone has been asking for information unduly but, in conjunction with all the other requests in the last year, the requests have been tremendous and a lot of work for Staff. She then commented that Council may get an appreciation for Staff time after reviewing those requests. Council Member Stigney said he did not think his request was willy nilly. Mayor Sonterre indicated there is some language in current statute that indicates that the keeper of the City’s data can use his or her best judgment as to fill the requests in a manner that does not impede the business of the City but that has not been held up by the oversight body. Council Member Quick asked if the City could publish the names of the individuals who have made data privacy requests and the amount of time or costs involved with producing those requests and whether or not the bill to the City was paid. City Attorney Riggs indicated that any request is public and any staff time put into the request is public. He further indicated that the requests are not unlike any other city function if someone is making a request that is data of the City and becomes subject to someone looking at it. Council Member Quick suggested listing in Mounds View Matters who is making requests and how much it costs the City. Assistant City Administrator Reed indicated that the employee who is on Medicare would be able to move to the City’s plan for her primary insurance because the federal government likes to get rid of the financial burden. She then indicated the individual could come onto the group plan at any time and would qualify for contribution for part time employees which is $225.00. City Administrator Miller asked Ms. Reed to share the information on supplemental insurance. Mounds View City Council March 11, 2002 Regular Meeting Page 25 Assistant City Administrator Reed indicated the individual does have the option when retiring from the City to qualify to stay on the same plan or go back to her old plan but she would need to go through underwriting to go back to her old plan. Council Member Stigney asked whether the employee, if they were 65, would need to pay for Medicare if they were receiving primary benefits from the City. Assistant City Administrator Reed indicated she believed that to be correct and noted the employee would not need supplemental coverage because it would be available through the City. Council Member Stigney clarified that, if using the City’s health plan, the employee would not need to have Medicare until she retired. Assistant City Administrator Reed indicated the City offers a Medicare supplement through the company the City currently uses for those employees over age 65 who are active employees. She then indicated she had spoken with Mr. Serfling and provided the most recent information to him. Community Development Director Ericson indicated the home and garden show was a success with a good turn out and vendors indicated they felt participation was good. He then indicated the show would be held again next year. Mayor Sonterre indicated he wanted to give thanks to MaryAnn Hecht the aid who does a fantastic job. Council Member Quick thanked City Administrator Miller and Assistant City Administrator Reed for work well done. 11. APPROVAL OF MINUTES A. February 25, 2002 City Council Minutes. Council Member Marty requested the following changes: On Page 2, third paragraph indicate that Ms. Scotch also said that Mississippi water has been used in the past. On Page 7, fourth paragraph change Mr. Harstad to Mr. Zwirn, fifth paragraph indicate he feels it is a waste of Planning Commission, City Council and Staff time. On Page 9 last paragraph add of two police vehicles instead of three with a third to be budgeted for 2003. On Page 13, third paragraph from bottom add a sentence between the second and third: Council Member Marty stated that the paragraph was addressing supplemental life insurance. On Page 17, second paragraph, second line add “and it was determined that someone had accessed his computer as well as another Council Member’s computer. MOTION/SECOND: Marty/Stigney. To Approve the Minutes of the City Council for February 25, 2002 as Amended. Mounds View City Council March 11, 2002 Regular Meeting Page 26 Ayes – 4 Nays – 0 Motion carried. 12. CLOSED SESSION TO DISCUSS PENDING/THREATENED LITIGATION A. To Discuss Threatened/Potential Litigation This item was heard earlier in the meeting. 13. Next Council Work Session: Monday, March 25, 2002 City Administrator Miller indicated that a special work session was scheduled for 6:00 p.m. on March 25, 2002. Next Council Meeting: Monday, March 25, 2002 14. ADJOURNMENT Mayor Sonterre adjourned the meeting at 11:45 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.