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Home My WebLink AboutAgenda Packets - 2002/05/13CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MONDAY, May 13, 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. Resolution 5768 Approving Severance for Patrick Toth D. Set Public Hearing to Consider an Off-sale Liquor License application for Keng Young for ABC Liquor at 2840 Highway 10 NE for Tuesday, May 28, 2002 at 7:05PM E. Resolution No. 5761 Approving the Purchase of a Replacement Bobcat Skidsteer Loader - Lee F. Set a Public Hearing for 7:10 pm, Tuesday, May 28, 2002, to Consider a Preliminary Plat for the Mermaid Entertainment Facility Located at 2200 County Highway 10 G. Set a Public Hearing for 7:15 pm, Tuesday, May 28, 2002, to Consider a Preliminary Plat Request from Cedar Management to Combine Properties Located at 7180 and 7190 Silver Lake Road - Ericson H. Resolution 5769 Approving the Agreement for Festival in the Park- Miller/Riggs 7. COUNCIL BUSINESS (7:05 PM) A. Public Hearing to Consider a Liquor License Transfer for Robert’s (this item will be tabled until May 28, 2002) (7:10 PM) B. Public Hearing to Consider Resolution 5760 Certifying Special Assessment of the Service Availability Charge to Gas ‘N Splash – Ericson & Hansen C. Resolution No. 5762 Approval of Plans and Specifications and Authorization to Advertise for Bids for the County Road H2 Street Project - Lee M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\05-13-02\AGENDA.doc City Council Agenda May 13, 2002 Page 2 7. COUNCIL BUSINESS (Cont’d) D. Resolution 5763 to consider approval of a development review for a six- unit multi-family facility at 7746 Silver Lake Road – Ericson E. Resolution 5764, resolution in support of Fire Regulation 6-02 governing sale, manufacturing, storage, and use of 1.4g fireworks as legalized by the state legislature and signed into law by Governor Ventura. – Zikmund F. Request to Purchase Materials for the Golf Course-Longville (an oral report with attachments will be given at the meeting) 8. SPECIAL ORDER OF BUSINESS A. Resolution 5765 Accepting a Donation from Boy Scout Pack 167 - Hansen B. Resolution 5766 Accepting a Donation from Capitol Beverage Sales - Hansen C. Resolution 5767 Accepting a Donation from East Side Beverage Company - Hansen 9. REPORTS 10. APPROVAL OF MINUTES A. April 8, 2002, Council Meeting Minutes B. April 22, 2002, Council Meeting Minutes 11. CLOSED SESSION A. To Discuss Labor Negotiations B. To Discuss Threatened/Potential Litigation 12. Next Council Work Session: June 3, 2002 Next Council Meeting: May 28, 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: Jim Ericson Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: May 13, 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. ASPHALT Northland Paving Czars of Tar Lino Lakes Blacktop HVAC Binder Heating and AC Hoffman Corner Heating and AC Minnesota Gas & Light Inc. (NEW) Mobile Home Improvement Service Masonry/Concrete North Country Concrete Tree Trimming and Removal Drobnick’s Tree Service Staff Recommendation: Approve license applications as requested. ___________________ James Ericson Community Development Director 763-717-4021 C:\WINNT\Profiles\Jime\Favorites\City Council Stuff\Misc Reports\Licenses for Approval - May 13, 2002.doc Item 6C-Resolution 5768 City Council Meeting May 13, 2002 RESOLUTION NO. 5768 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution 5768 Approving Severance for Patrick Toth WHEREAS, Patrick Toth has resigned from his position with the City of Mounds View effective April 30, 2002; and WHEREAS, Section 4.35D: Separation Compensation of the City’s personnel manual indicates that an employee will be compensated for accrued vacation time and 50% of sick leave upon separation; and WHEREAS, 100% of accrued and unused vacation time is 19.08hrs x $14.65/hr=$279.52, and WHEREAS, 50% of accrued and unused sick leave (60.59 hrs x 50%) = 30.30 hrs x $14.65/hr=$443.90 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a one-time payout of accrued and unused vacation time and 50% of sick leave in the amount of $723.42 to Patrick Toth. Adopted this 13th day of May, 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator SEAL Motion by: Marty Second by: Quick Sonterre: Aye Quick: Aye Stigney: Aye Marty: Aye Thomas: Absent 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. 5761 Approving the Purchase of a Replacement Bobcat Skidsteer Loader Meeting Date: May 13, 2002 Background: The City of Mounds View currently owns two Bobcat skidsteer loaders which are scheduled for replacement in early 2002. These are extremely versatile pieces of equipment and are indispensable for any Public Works operation. The City has been taking advantage of a state-offered program that allows government agencies to replace the City’s skidsteer loaders on an annual basis. This has been an ongoing program for the last three years. The state program allows governmental agencies the opportunity to purchase new skidsteer loaders at state contract prices. It also offers high trade-in value on previously purchased loaders. Discussion: On February 25, 2002, Council approved the purchase and replacement of the City’s two Bobcat skidsteer loaders. One is a model 773 and was replaced in early March. The other is a model 873, which is scheduled for replacement at this time. The 873 model is slightly larger than the 773 model and its larger size and lift height make it better capable of loading trucks. The Bobcat Company is discontinuing the 873 model and replacing it with a slightly larger Bobcat, the S250 model. The S250 model has a greater rated operating capacity than the 873 (2500 lb. vs. 2400 lb.) and a greater lift height (126.4 in. vs. 124.3 in.). The City has two options with regard to replacement of the 873 model: a smaller 773 model or the slightly larger S250 model. To ensure that the City has an adequate sized loader that will effectively and efficiently load trucks and perform other larger jobs, staff recommends that the 873 model be replaced with the S250 model. The 2002 state contract quote is as follows:  Bobcat loader (S250 Model) $ 23,626.00  Less trade in value on last year’s 873 model ($20,626.00) Sub Total $ 3,000.00 Sales Tax $ 195.00 TOTAL $ 3,195.00 This amount represents a one-time cost of $1,000 to upgrade from the 873 to the S250 model. The remaining amount of $2,000 (excluding sales tax) is the annual replacement cost. A total amount of $5,000 was budgeted in 2002 for the replacement of the two skid steer loaders. If approved, the total replacement cost of both skid steer loaders, including the upgrade to the S250 model and tax, is $4,792.50. Similar to the 773 model loader that was replaced in March, this loader will, if approved, be purchased under state contract and will retain a full one-year warranty. Recommendation: Staff recommends that the City Council approve the purchase of a S250 Model Bobcat skidsteer loader, to be purchased under state contract in the amount of $23,626.00 and approve the trade in of the 873 Model Bobcat skidsteer loader currently owned by the City at a credited value of $20,626.00. Including tax, this represents a total cost of $3,195.00. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 5761 APPROVING THE PURCHASE OF A REPLACEMENT BOBCAT SKIDSTEER LOADER CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, the City had previously participated in a state skidsteer replacement program; and WHEREAS, said program allows governmental agencies the opportunity to purchase new skidsteer loaders at state contract prices; and WHEREAS, the Bobcat Company has discontinued the 873 model and is replacing it with the S250 model; and WHEREAS, the City seeks to replace the currently owned 873 model with the S250 model; and WHEREAS, said contract price for the S250 model is $23,626.00 and trade in value of the currently owned 873 model is $20,626.00; and WHEREAS, replacement of this Bobcat skidsteer loader was budgeted for in 2002; and NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve the purchase of a S250 Model Bobcat skidsteer loader, to be purchased under state contract in the amount of $23,626.00 and approve the trade in of the 873 Model Bobcat skidsteer loader currently owned by the City at a credited value of $20,626.00. Including tax, this represents a total cost of $3,195.00. Adopted this 13th day of May, 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator Motion by: Quick Second: Stigney Sonterre: Aye Stigney: Aye Quick: Aye Marty: Aye Thomas: Absent Item No: 6G Meeting Date: May 13, 2002 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Set a Public Hearing for 7:15 pm, Tuesday, May 28, 2002, to Consider a Preliminary Plat Request from Cedar Management to Combine Properties Located at 7180 and 7190 Silver Lake Road. Date of Report: May 9, 2002 Background: Ordinarily the Council does not receive a staff report when setting a public hearing. In this case, I wanted to let the Council know of an issue that the applicant, Cedar Management, would like addressed. Discussion: Cedar Management owns and operates the Silverwood Apartments at 7180 and 7190 Silver Lake Road. The complex is currently non-conforming in the sense that it does not meet the area requirements for a 40-unit building. The site consists of 91,936 square feet and they would need 125,000 square feet to be conforming. Cedar Management owns a vacant, land-locked lot adjacent to the existing apartments and they are seeking to “combine” the tow tracts of land to become a legal conforming use. A lot combination, according to the City Code, is considered a subdivision of land and thus subject to park dedication requirements. In this case, the appropriate fee would be $14,390. The applicant is seeking a waiver from this requirement as they feel the fee is not justified and disproportionate relative to the simple combination. They are not planning any additional dwelling u nits or any development whatsoever, and the Planning Commission is recommending that the undeveloped area be set aside in a easement to prevent any development on the site. Recommendation: Set the public hearing for May 28th and provide any feedback to staff regarding the City’s position on the park dedication fee. _____________________________________ James Ericson Community Development Director 763-717-4021 N:\DATA\GROUPS\COMDEV\Development Cases\LC02-001 (Cedar Management)\CC Report - May 13, 2002.doc Zoning Map Silverwood Apartment Complex, 7180 & 7190 Silver Lake Road Vacant, land-locked lot proposed to be added to Silverwood Apartment property. SJR-199377v4 MU125-11 Item 6H – Resolution 5769 City Council Meeting May 13, 2002 RESOLUTION NO. 5769 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving Agreement for Festival in the Park WHEREAS, the City of Mounds View desires to co-sponsor an annual community event entitled “Mounds View Festival in the Park” to be held on June 15 and June 16, 2002. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the attached Festival Agreement as set forth in Exhibit A. Adopted this 13th day of May 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator SEAL Motion: Second: Sonterre: Quick: Stigney: Marty: Thomas: SJR-199377v4 MU125-11 FESTIVAL AGREEMENT THIS AGREEMENT is entered into this 13th day of May, 2002, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and the Festival in the Park, Inc., a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, community center and the Bridges Golf Course (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Mounds View Festival in the Park” (the “Festival”), to be held on June 15 and June 16, 2002; and WHEREAS, pursuant to Minnesota Statutes, Sections 471.15-.191 and other law, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the Festival. 2. Time and Performance. This Agreement will begin as of June 15, 2002 and will terminate as of June 16, 2002 (the "Termination Date"). 3. City Contribution. In support of the community-based Festival, the City will provide a contribution of up to $4000.00, which includes the $140.00 dollar amount to be paid by the Corporation to the City for the amusement license necessary for the Festival, with the amount of such actual monetary contribution to be reduced by the cost to the City of providing City staff assistance to the Festival. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. The up to $4000.00 City contribution shall be reduced by the amount of the personnel costs paid by the City for the Festival as set forth in Exhibit A. The City will provide the assistance of City equipment to assist the Corporation as set forth on Exhibit B, which is incorporated herein by reference. The City will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. The City will also assist with the Festival community golf tournament pursuant to the SJR-199377v4 MU125-11 terms set forth in Exhibit C, which is incorporated herein by reference. The City will pay up to the above-referenced amount, minus the appropriate reductions, to the Corporation after the City’s payroll period following the Festival. If the Agreement should be terminated for any reason prior to the Termination Date, the Corporation will be compensated on a pro rata basis for the period of time that this Agreement was in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefor. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation is an independent contractor and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. The Corporation shall provide Workers’ Compensation coverage in the statutory amount required for all individuals performing services under this contract such as contractors’ employees, subcontractors, independent contractors, etc. d. The Corporation shall provide Employer’s Liability insurance coverage (Part B. of the Workers’ Compensation Policy) in the amount of $100,000 bodily injury each accident, bodily injury by disease $500,000 policy limit, $100,000 bodily injury by disease each employee. e. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all SJR-199377v4 MU125-11 policies of insurance shall be submitted to the City Clerk-Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. f. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if the Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B which is incorporated herein by reference. b. Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City's request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the past three years prior to execution of this Agreement and a financial report including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: Clerk-Administrator SJR-199377v4 MU125-11 Corporation: 8120 Red Oak Court Mounds View, MN 55112-5843 ATTN: Sherry Gunn or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and against and from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing of the expenditure of funds contributed by the City to the Festival and the Corporation. SJR-199377v4 MU125-11 IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first written above. CITY OF MOUNDS VIEW By: __________________________________ Its: Mayor By: __________________________________ Its: Clerk-Administrator FESTIVAL IN THE PARK, INC. By: __________________________________ Its: __________________________________ By: __________________________________ Its: __________________________________ SJR-199377v4 MU125-11 A-1 EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers x 20 hrs @ approx. $32/hr $1,280.00 3 seasonal workers x 12 hrs @ approx. $10/hr $ 360.00 2. Police: 2 officers x 8 hrs @ approx. $55/hr $ 880.00 3. City staff: $___________ $___________ SJR-199377v4 MU125-11 B-1 EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: 550 truck 409 truck tandem trailer front end loader 104 truck Jacobsen city Honda generator 469 truck 1 ton truck post pounder L8000 dump truck hoses extension cords water shut off keys 2. Fire Dept: fire truck 3. The Bridges: 4 golf carts SJR-199377v4 MU125-11 EXHIBIT C FESTIVAL COMMUNITY GOLF TOURNAMENT TERMS 1. The Festival Community Golf Tournament held by the Corporation shall take place within the city limits of the City of Mounds View. 2. The Bridges to run putting courses contest and chipping contest. The Bridges staff running contest is responsible for collecting money and turning over to tournament organizers at end of tournament. Tournament organizers will provide alphabetical list of golfers so each golfer can do each contest once. Additional entries will cost extra money. Tournament organizers to provide additional help for chipping contest. 3. The Bridges Pros to do Callaway Scoring System and post scores near sign in table as day progresses. 4. The Bridges to provide tournament organizers with the use of one golf cart for the day. 5. The Bridges staff to call off team names and tee times. The Bridges staff to provide a starter if they need to speed up play. 6. The Bridges staff to provide beverage carts on course and beverage stand near grills. 7. Cost of all beverages for tournament participants will be $1.50, regardless of what the beverage is. 8. Tournament committee and volunteers are to receive free beverages the day of the tournament. 9. Extra food (brats, hamburgers, buns, chips, and cookies) to be left at The Bridges to be used for Junior Golf League barbecues or whatever The Bridges chooses. 10. Tee times reserved from 8:00 a.m. until 4:00 p.m. Tournament organizers to give final number of golfers and tee times needed to The Bridges on June ____, 2002. 11. Tournament organizers to set tee times and provide tee time sheet to The Bridges on the day of the Tournament. 12. Cost for golf and two beverage tickets is $15.00 for each golfer. 13. In exchange for hole sponsorship and putting and chipping contest sponsorship, The Bridges to provide two, two year 2002 unlimited golf passes valid through November 30, 2002. SJR-199377v4 MU125-11 FESTIVAL AGREEMENT THIS AGREEMENT is entered into this ____ day of _______________, 2002, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and the Festival in the Park, Inc., a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, community center and the Bridges Golf Course (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Mounds View Festival in the Park” (the “Festival”), to be held on June 15 and June 16, 2002; and WHEREAS, pursuant to Minnesota Statutes, Sections 471.15-.191 and other law, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the Festival. 2. Time and Performance. This Agreement will begin as of ___________, 2002 and will terminate as of ___________, 2002 (the "Termination Date"). 3. City Contribution. In support of the community-based Festival, the City will provide a contribution of up to $4000.00, which includes the $140.00 dollar amount to be paid by the Corporation to the City for the amusement license necessary for the Festival, with the amount of such actual monetary contribution to be reduced by the cost to the City of providing City staff assistance to the Festival. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. The up to $4000.00 City contribution shall be reduced by the amount of the personnel costs paid by the City for the Festival as set forth in Exhibit A. The City will provide the assistance of City equipment to assist the Corporation as set forth on Exhibit B, which is incorporated herein by reference. The City will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. The City will also assist with the Festival community golf tournament pursuant to the SJR-199377v4 MU125-11 terms set forth in Exhibit C, which is incorporated herein by reference. The City will pay up to the above-referenced amount, minus the appropriate reductions, to the Corporation after the City’s payroll period following the Festival. If the Agreement should be terminated for any reason prior to the Termination Date, the Corporation will be compensated on a pro rata basis for the period of time that this Agreement was in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefor. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation is an independent contractor and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. The Corporation shall provide Workers’ Compensation coverage in the statutory amount required for all individuals performing services under this contract such as contractors’ employees, subcontractors, independent contractors, etc. e. The Corporation shall provide Employer’s Liability insurance coverage (Part B. of the Workers’ Compensation Policy) in the amount of $100,000 bodily injury each accident, bodily injury by disease $500,000 policy limit, $100,000 bodily injury by disease each employee. e. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all SJR-199377v4 MU125-11 policies of insurance shall be submitted to the City Clerk-Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. f. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if the Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B which is incorporated herein by reference. b. Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City's request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the past three years prior to execution of this Agreement and a financial report including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: Clerk-Administrator SJR-199377v4 MU125-11 Corporation: 8120 Red Oak Court Mounds View, MN 55112-5843 ATTN: Sherry Gunn or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and against and from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing of the expenditure of funds contributed by the City to the Festival and the Corporation. SJR-199377v4 MU125-11 IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first written above. CITY OF MOUNDS VIEW By: __________________________________ Its: Mayor By: __________________________________ Its: Clerk-Administrator FESTIVAL IN THE PARK, INC. By: __________________________________ Its: __________________________________ By: __________________________________ Its: __________________________________ SJR-199377v4 MU125-11 A-1 EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers x 20 hrs @ approx. $32/hr $1,280.00 3 seasonal workers x 12 hrs @ approx. $10/hr $ 360.00 2. Police: 2 officers x 8 hrs @ approx. $55/hr $ 880.00 3. City staff: $___________ $___________ SJR-199377v4 MU125-11 B-1 EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: 550 truck 409 truck tandem trailer front end loader 104 truck Jacobsen city Honda generator 469 truck 1 ton truck post pounder L8000 dump truck hoses extension cords water shut off keys 2. Fire Dept: fire truck 4. The Bridges: 4 golf carts SJR-199377v4 MU125-11 C-1 EXHIBIT C FESTIVAL COMMUNITY GOLF TOURNAMENT TERMS 14. The Festival Community Golf Tournament held by the Corporation shall take place within the city limits of the City of Mounds View. 15. The Bridges to run putting courses contest and chipping contest. The Bridges staff running contest is responsible for collecting money and turning over to tournament organizers at end of tournament. Tournament organizers will provide alphabetical list of golfers so each golfer can do each contest once. Additional entries will cost extra money. Tournament organizers to provide additional help for chipping contest. 16. The Bridges Pros to do Callaway Scoring System and post scores near sign in table as day progresses. 17. The Bridges to provide tournament organizers with the use of one golf cart for the day. 18. The Bridges staff to call off team names and tee times. The Bridges staff to provide a starter if they need to speed up play. 19. The Bridges staff to provide beverage carts on course and beverage stand near grills. 20. Cost of all beverages for tournament participants will be $1.50, regardless of what the beverage is. 21. Tournament committee and volunteers are to receive free beverages the day of the tournament. 22. Extra food (brats, hamburgers, buns, chips, and cookies) to be left at The Bridges to be used for Junior Golf League barbecues or whatever The Bridges chooses. 23. Tee times reserved from 8:00 a.m. until 4:00 p.m. Tournament organizers to give final number of golfers and tee times needed to The Bridges on June ____, 2002. 24. Tournament organizers to set tee times and provide tee time sheet to The Bridges on the day of the Tournament. 25. Cost for golf and two beverage tickets is $15.00 for each golfer. 26. In exchange for hole sponsorship and putting and chipping contest sponsorship, The Bridges to provide two, two year 2002 unlimited golf passes valid through November 30, 2002. Item 6I – Resolution 5770 City Council Meeting May 13, 2002 RESOLUTION NO. 5770 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Proclaiming May 14, 2002, as “Arbor Day” WHEREAS, the City of Mounds View has been recognized for twenty consecutive years as Tree City USA by the National Arbor Day Foundation for its efforts in urban forestry; and WHEREAS, trees in our City to beautify our surroundings, shade our parks and residences, increase property values and enhance the economic vitality of business areas; and WHEREAS, Scouts and concerned residents will plant trees at the Hillview Park; and NOW, THEREFORE, BE IT RESOLVED that May 14, 2002, will be Arbor Day in Mounds View and public-spirited and foresighted citizens will be called upon to assist in the planting of trees now for the use and enjoyment of present and future generations. Adopted this 13th day of May 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator SEAL Motion: Second: Sonterre: Quick: Stigney: Marty: Thomas: Item No. 7B 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: Public Hearing to Consider Resolution 5760 Certifying Special Assessment of the Service Availability Charge to Gas ‘N Splash Date of Report: May 6, 2002 The City Council has set a Public Hearing on Monday, May 13, 2002 at 7:10 P.M. or as soon thereafter as the matter may be heard to receive public input and pass upon the special assessment of the Service Availability Charge to Gas ‘N Splash This matter had its origin in 1999 when the Gas ‘N Splash took out a building permit to repair its car wash. The car wash was instead replaced with a much larger car wash that used far more water. This increased water use required the payment of a Service Availability Charge (SAC) to the Metro Council Environment Services Division. Normally the SAC would be collected as the building permit was issued. This didn’t happen since the true nature of the construction was hidden from city staff. Staff made repeated efforts to collect the SAC from Gas ‘N Splash. The City is responsible for collecting the SAC and paying it to Metro Council. Legally the City must pay the SAC even if it doesn’t collect anything from the property owner. The City of Mounds View made payment of $43,050.00 to Metro Council for the SAC on January 15, 2002. The proposed special assessment includes the following components: SAC fee: $43,050.00 Kennedy & Graven legal fees $432.00 Administrative costs $250.00 Interest from 1/15/2002 to 5/13/2002 $974.00 Total $44,706.00 Administrative costs far exceed $250.00. They weren’t tracked since no one anticipated the issue would go to this extreme solution. Additional interest will be calculated for the period after May 13, 2002 to the actual date of payment. State law prescribes that the assessment may be paid within 30 days of the date of assessment, without interest. If Gas ‘N Splash offers to pay in full by June 14, 2002, it will be necessary to accept payment without the interest listed above. Gas ‘N Splash’s owner has informed staff that he is selling the property and the sale will close in May. The City shouldn’t allow any further delay in this assessment since this is the best process for the City to secure a lien against the property. If the owner completes the sale and wishes to pay the assessment out of the sale proceeds, he still has that option. Gas ‘N Splash’s owner requested a payment term of five years. This seems reasonable for the value of the assessment. Inquiries to a local bank indicated that seven percent interest would be near the high end of a range of interest rates a small business would pay for a bank loan. There is no reason the City should charge a lesser interest rate. If Gas ‘N Splash can secure a bank loan with a lower interest rate, they may do so and pay off the principal of the assessment immediately. Recommended Procedure: 1. Request staff reports. 2. Council discussion. 3. Open public hearing and take public comment 4. Close public hearing. 5. Move Resolution 5760 to levy the proposed special assessment Respectfully Submitted, Charles Hansen RESOLUTION NO. 5760 CERTIFYING SPECIAL ASSESSMENT OF THE SERVICE AVAILABILITY CHARGE TO GAS ‘N SPLASH CITY OF MOUNDS VIEW County of Ramsey State of Minnesota WHEREAS, the Gas ‘N Splash station took out a building permit on December 20, 1999 for the repair of its car wash facility; and WHEREAS, this repair turned out to be a complete replacement with a larger car wash; and WHEREAS, the new car wash incurred a Service Availability Charge of $43,050.00 payable to Metro Council Environmental Services; and WHEREAS, in spite of repeated contacts by the City of Mounds View, Gas ’N Splash has refused to pay the Service Availability Charge; and WHEREAS, the City of Mounds View was required to pay Metro Council Environmental Services $43,050.00 for the Service Availability Charge on January 15, 2002; and. WHEREAS, the City of Mounds View has additionally incurred legal costs of $432.00, administrative costs in excess of $250.00, and interest from the period of 1/15/02 through 5/13/02 of $974.00, and WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessments. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that: 1. The proposed special assessment of $44,706.00 on Gas ‘N Splash at 2525 Highway 10 is hereby accepted and shall constitute a special assessment against the land. 2. Such assessment shall be paid in full. 3. The owner of the property so assessed may, at any time prior to certification to the Ramsey County Auditor, pay the entire assessment to the City of Mounds View, with interest to the date of such payment, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution. 4. If not paid in full prior to certification to the Ramsey County Auditor, the assessment shall be paid over the period of five years at a rate of interest of seven percent. 5. The Clerk-Administrator shall transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other City taxes. Resolution 5760, Page 2 Said resolution was declared to have been duly passed and adopted this 13th day of May 2002. ATTEST: Mayor (SEAL) City Administrator Motion By: Second By: Sonterre: Quick: Thomas: Marty: Stigney: Item No. 7C Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 5762 Approval of Plans and Specifications, Authorization to Advertise for Bids, and Establish a Bid Date for the County Road H2 Street Project Meeting Date: May 13, 2002 Background: On October 8, 2001, the City Council authorized the pre paration of construction plans and specifications for the County Road H2 Street Improvement Project from Pleasant View Drive to County Highway 10. On January 7, 2002, the City Council authorized staff to execute the supplemental Letter of Agreement with the engineering firm of Short Elliot Hendrickson Inc. (SEH) that outlined engineering service proposed by SEH for the preparation of plans and specifications for the County Road H2 Street Improvement Project. Discussion: Plans and Specifications - Plans and specifications that meet the City of Mounds View standards have been prepared and are consistent with the preliminary report and direction given by Council. Design Items Parking -- On April 22, 2002, the City Council approved Resolution No. 5749, which prohibits parking on both sides of County Road H2 from Pleasant View Drive to County Road 10. Pathway on the North Side -- The City had previously received a petition to locate the pathway on the north side of H2 directly behind the curb at the west end of this project – from Pleasant View Drive to Knollwood Drive. This design proposal was investigated but did not prove feasible for several reasons. An over riding factor was that it did not meet the State requirement of a four foot separation between the roadway and sidewalk as a safety buffer. Expansion Joints -- Expansion joints have been added to the plans and specifications. These allow for the expansion and contraction of the paved surface and increases it’s longevity. Driveway Relocation and / or Altering its Width -- A concrete driveway apron will be provided for each driveway as part of this project. During the construction phase of this project, property owners will have an opportunity to alter their driveway if they wish to do so. Mail Box Posts -- In accordance with Municipal Code Section 202.09, Subdivision 2, Item J, mailboxes will be grouped on gang posts in numbers logical to the spacing required and the cost added to the project (Ordinance 654, 2-14-2000). To improve the appearance of the boxes mounted on these posts, the City will encourage property owners to purchase like mailboxes. Metro Transit Factors -- Metro Transit has reviewed the bus stops along the H2 project. They have determined that the two bus stops at Red Oak Drive (north and south side) should be eliminated, however, all other stops must remain. As a transit amenity and to promote safety, the City will be adding concrete pedestrian pads at the various bus stops. This will allow patrons to stand at a safe distance from the traveled lanes of traffic. Cross walks and ramps -- Cross walks ands pedestrian ramps were added to meet state and federal requirements such as the Americans with Disabilities Act. Other Notable Items Neighborhood Meeting -- A “Neighborhood Pre-construction Meeting” will be held shortly after the City has awarded the contract and discussed schedules and details of construction with the contractor. The Public Works Department will discuss details of the project with concerned property owners and will address "commonly asked questions" and any concerns they may have. Temporary Construction and Permanent Easements -- City will need to obtain a temporary construction and permanent easements as part of this project. This has the potential of being an arduous task. Bid Date – A June 13, 2002, 10:00 a.m. bid date will provide ample time to provide the required notification to contractors as per state statute. Typically, with a project of this nature, getting bids early in the construction season is desired. If the bids are received late in the season, contractors who have their schedule full for that construction season generally submit bids much higher than under normal circumstances. Staff has consulted the firm of SEH regarding this issue. At this time, the other municipal bids with which SEH is involved appear to be favorable, in that they are comparable to the engineer’s estimate. Estimated Schedule The following is a tentative schedule for this project: April 22nd Approve No Parking Resolution May 13th Approve Plans and Specifications May 13th Set a June 24th bid date May 23rd & 30th Bids advertised June 13th 10:00 a.m. Receive Bids June 24th Award Contract Late June / Early July Hold Neighborhood Pre-construction Meeting July Start Construction Recommendation: It is recommended the City Council adopt a resolution approving the plans and specifications and establish a June 13, 2002 bid date for the County Road H2 Street Improvement Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 5762 APPROVAL OF PLANS AND SPECIFICATIONS, AUTHORIZATION TO ADVERTISE FOR BIDS, AND ESTABLISH A BID DATE FOR THE COUNTY ROAD H2 STREET PROJECT CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, on October 8, 2001 the City Council adopted Resolution No. 5621 authorizing the preparation of construction plans and specifications for the County Road H2 Street Improvement Project; and WHEREAS, said plans have been prepared in accordance with City standards and the preliminary engineering report. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The plans and specifications for the County Road H2 Street Improvement Project which were prepared pursuant to Resolution No. 5621 adopted by the City Council on October 8, 2001 are hereby approved as the plans and specifications in accordance with which said improvements shall be constructed. 2. That a date to receive bids for said improvements is hereby established on June 13, 2002 at 10:00 a.m. 3. That the Deputy Clerk is hereby directed to cause to be published in The Focus paper and in the Construction Bulletin, at least three (3) weeks before the date for opening of bids, a notice to bidders for the construction of said improvements as required by law. Adopted this 13th day of May 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator Motion by: Stigney Second: Marty Sonterre: Aye Stigney: Aye Quick: Aye Marty: Aye Thomas: Absent Item No. 7E 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: Nyle Zikmund, Fire Chief Item Title/Subject: Resolution 5764, Resolution in Support of Fire Regulation 6-02, Governing the Sale, Manufacturing, Storage, and Use of 1.4g Fireworks as Legalized by the State Legislature and Signed into Law by Governor Ventura Date of Report: May 13, 2002 SPRING LAKE PARK - BLAINE - MOUNDS VIEW FIRE DEPARTMENT FIRE REGULATION – 6-02 FIREWORKS GOVERNING REGULATIONS: Fireworks are regulated by Minnesota State Statute 624.2. In addition to these regulations all display, sales storage, manufacturing, and use of consumer fireworks shall comply with this Fire Regulation. 1.0 Acts prohibited without permit. No person, without securing a permit, shall do any of the following: 1.1 Manufacture, store or sell any fireworks; 1.2 Make a public display of fireworks; 2.0 Permit application. The application for the permit for the manufacturing, storage, and sale of fireworks shall be made to the Fire Marshal. A criminal records check and determination by the Fire Marshal that the location where the fireworks are to be stored or sold is not hazardous to property or endangers any person and that the persons in charge of selling or storing the fireworks are competent and trained to handle such fireworks must be made prior to processing the application. The application for permit shall be accompanied by a letter from the person legally responsible for the property on which such sale is to take place. Such letter shall grant permission to the applicant for the use of said property. The application shall include a floor plan designating the area for manufacturing, storage or display along with a list shall documenting the name, weight, and quantity of the fireworks within the building and be accompanied by the material safety data sheets. Applications must be made a minimum of 10 days prior operating. Any permit granted hereunder shall be nontransferable. 3.0 Permit fee. The fee for the permit shall be that as provided in the current City Fee Schedule Resolution. 4.0 Terms and conditions for issuance of permit. A permit for manufacturing, storage, or retail sale of common fireworks shall be issued only upon the following terms and conditions: 4.1 Neither the applicant nor the responsible party for the permit shall have been convicted of a felony unless the conviction was discharged pursuant to; or a fire/fireworks-related misdemeanor within the last three (3) years. 4.2 The applicant shall procure and maintain a policy or policies of public general liability, Bodily injury and property damage insurance in a company or companies approved by the city in the minimum amount of one million dollars ($1,000,000) single limit; City of Blaine shall be named as an additional insured. Certificates of coverage shall be filed with the city clerk upon application for a retail sales permit. 4.3 The applicant’s location or place of business shall be only in those areas or zones within the City wherein commercial or industrial activities are authorized under the applicable zoning laws of the city. Transient sales of fireworks are not permitted. No manufacturing, sales or storage for commercial use shall occur on residentially zone property or properties used for educational purposes or assemblies. 4.4 Firework manufacturing, storage or sales areas shall provide approved “no smoking” signs in red letters not less than two (2) inches in height on white background. All signs shall be maintained in legible condition. 4.5 Smoking and the discharge of fireworks shall be prohibited within one hundred (100) feet of any building or stand in which fireworks are manufactured, stored or sold. 4.6 Each permit holder shall have not less than two (2) water-type or equivalent extinguishers of not less than two and on-half gallon capacity. 4.7 There shall be at least two (2) exits from all buildings from which fireworks are manufactured, stored or sold. 4.8 In buildings without an approved automatic sprinkler system retail consumer fireworks indoor sales displays shall be limited to fifty (50) lbs (net) pyrotechnic composition or two hundred (200) lbs. gross weight, if the pyrotechnic composition weight is not known. 4.9 Buildings protected throughout by an approved automatic sprinkler system shall be limited to one hundred (100) lbs. net or four hundred (400) lbs. gross weight if the pyrotechnic composition weight is not known. 4.10 All facilities who obtain a permit shall post in a conspicuous location a list of all consumer fireworks displayed and stored on the property. The list shall document the name, weight, and quantity of the fireworks and be accompanied by the material safety data sheets. Upon request samples of the fireworks shall be made available to the fire chief for testing. 4.11 Manufacturing, warehouse buildings, or retail in excess of the quantities listed in 4.8 and 4.9 for retail consumer fireworks shall be classified as H occupancy with explosives and aerosols. 5.0 Fireworks – Discharge rules and regulations. 5.1 It is unlawful to use, fire, or discharge any fireworks along the route of and during any parade or at any place of public assembly or in any commercial use district. 5.2 It is unlawful at any time to throw or toss any fireworks at any person, animal, vehicle or other thing or object. 5.3 Smoking and the discharge of fireworks shall be prohibited within one hundred (100) feet of any building or stand in which fireworks are sold at retail or stored after hours. 5.4 Fireworks may only be discharged in an area with a water source connected to a hose or other acceptable means of putting out a fire. 5.5 The Fire Chief may ban fireworks or shorten the season of the fireworks discharge if a drought is evident or any equitable need for safety arises. 5.6 Juveniles may not posses fireworks unless under the direct supervision of a responsible adult. 6.0 Fireworks - Other 6.1 Materials which violate this ordinance or state statute and pose a threat to public safety may be confiscated and destroyed. Costs associated with disposal shall be assessed back to the property . Violations of these fire rules are misdemeanor offenses requiring a court appearance and punishable by fines up to $1,000 and/or 90 days in jail. Adopted: Approved: __________________________ Revised: SPRING LAKE PARK - BLAINE - MOUNDS VIEW FIRE DEPARTMENT FIRE REGULATION – 6-02 FIREWORKS Regulation Costs Fireworks Enforcement Fire Regulation as allowed by the MN Uniform Fire Code followed by code adoption. Regulatory Costs Criminal Records Check $50 Plan Review $50 Initial Inspection $50 Disposal fund fee $200 Monthly inspections $600 Police juvenile compliance inspection $200 TOTAL $1150 RESOLUTION NO. 5764 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution in support of Fire Regulation 6-02 governing the sale, manufacturing, storage, and use of 1.4g fireworks as legalized by the state legislature and signed into law by Governor Ventura Whereas, the Minnesota State Legislature passed a bill authorizing the sale and use of a subset of Class 1.4g fireworks and, Whereas, Governor Ventura signed the bill into law on or about April 30, 2002 and the effective date was the day after enactment and, Whereas, all fireworks have been previously prohibited in Minnesota since 1941 and, Whereas, the Uniform Fire Code which is adopted by the State Legislature and has been in place since 1983 provides for local authorities having jurisdiction to develop regulations more restrictive than the fire code and, Whereas, the Spring Lake Park Fire Department Incorporated has developed a number of fire regulations which are in force and, Whereas, in the interest of public and firefighter safety the fire department has developed a regulation governing the use, sale, manufacturing, and warehousing of fireworks. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council supports Fire Regulation 6-02 and will immediately begin the process of adopting the regulation by reference in ordinance to further demonstrate support and need for safety controls governing pyrotechnic products. Adopted this 22nd day of April 2002. Richard Sonterre, Mayor ATTEST: SEAL Kathleen F. Miller, City Administrator Motion: Marty Second: Stigney Sonterre: Aye Quick: Aye Stigney: Aye Marty: Aye Thomas: Absent Item No. 8A 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 5765 Accepting a Donation from Boy Scout Pack 167 Date of Report: May 9, 2002 Boy Scout Pack 167 has made a donation of $120.00 to the City to be used to purchase a tree. The tree will be planted at Hillview Park on Arbor Day, May 15th, between 3 and 4 P.M. Forester Rick Wriskey is ordering the tree and will take photos of its planting for publication in the Bulletin or Mounds View Matters. The attached Resolution 5765 acknowledges this donation and approves amending the budget accordingly. Respectfully Submitted, Charles Hansen RESOLUTION NO. 5765 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING A DONATION FROM BOY SCOUT PACK 167 WHEREAS, Boy Scout Pack 167 is a positive force in the community of Mounds View; and WHEREAS, Boy Scout Pack 167 wishes to make the contribution of a tree for the Hillview Park; and WHEREAS, the City of Mounds has received a check for $120.00 from Boy Scout Pack 167. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View gratefully acknowledges the donation of $120.00 from Boy Scout Pack 167 and amends the 2002 budget accordingly. Adopted this 13th day of May, 2002. ATTEST: Rich Sonterre, Mayor (SEAL) Kathleen Miller, City Administrator Motion By: Second By: Sonterre: Quick: Stigney: Thomas: Marty: Item No. 8B 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 5766 Accepting a Donation from Capitol Beverage Sales Date of Report: May 9, 2002 The Mermaid Entertainment and Event Center has coordinated an effort to support programs that serve Mounds View residents. Money has been raised toward the purchase of practice mats to replace some badly worn mats in use by the Parks Department. An Aikido class taught by Police Officer Kasey Keckeisen was the catalyst for Mermaid’s interest in the mats. Total cost of replacement mats may be as much as $2,000.00. Donations from other organizations may be possible. Purchase won’t go forward until sources for funding the full purchase have been identified. Capital Beverage Sales, L.P. has donated $500.00 to the City of Mounds View for this purpose. The attached Resolution 5766 acknowledges this donation and approves amending the budget accordingly. Respectfully Submitted, Charles Hansen RESOLUTION NO. 5766 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING A DONATION FROM CAPITAL BEVERAGE SALES WHEREAS, Capital Beverage Sales is a positive force in the community of Mounds View; and WHEREAS, Capital Beverage Sales wishes to make the contribution towards the purchase of practice mats for use by recreation and parks programs; and WHEREAS, the City of Mounds has received a check for $500.00 from Capital Beverage Sales. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View gratefully acknowledges the donation of $500.00 from Capital Beverage Sales and amends the 2002 budget accordingly. Adopted this 13th day of May, 2002. ATTEST: Rich Sonterre, Mayor (SEAL) Kathleen Miller, City Administrator Motion By: Second By: Sonterre: Quick: Stigney: Thomas: Marty: Item No. 8C Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Charles Hansen, Finance Director Item Title/Subject: Resolution 5767 Accepting a Donation from East Side Beverage Company Date of Report: May 9, 2002 The Mermaid Entertainment and Event Center has coordinated an effort to support programs that serve Mounds View residents. Money has been raised toward the purchase of practice mats to replace some badly worn mats in use by the Parks Department. An Aikido class taught by Police Officer Kasey Keckeisen was the catalyst for Mermaid’s interest in the mats. Total cost of replacement mats may be as much as $2,000.00. Donations from other organizations may be possible. Purchase won’t go forward until sources for funding the full purchase have been identified. East Side Beverage Company has donated $500.00 to the City of Mounds View for this purpose. The attached Resolution 5767 acknowledges this donation and approves amending the budget accordingly. Respectfully Submitted, Charles Hansen RESOLUTION NO. 5767 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING A DONATION FROM EAST SIDE BEVERAGE COMPANY WHEREAS, East Side Beverage Company is a positive force in the community of Mounds View; and WHEREAS, East Side Beverage Company wishes to make the contribution towards the purchase of practice mats for use by recreation and park programs; and WHEREAS, the City of Mounds has received a check for $500.00 from East Side Beverage Company. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View gratefully acknowledges the donation of $500 from East Side Beverage Company and amends the 2002 budget accordingly. Adopted this 13th day of May, 2002. ATTEST: Rich Sonterre, Mayor (SEAL) Kathleen Miller, City Administrator Motion By: Second By: Sonterre: Quick: Stigney: Thomas: Marty: PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 8, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, April 8, 2002 City Council Agenda. City Administrator Miller requested that Item 6A be removed for discussion. City Administrator Miller requested that Item 6G be removed for discussion. City Administrator Miller requested that a letter of resignation be added as Council Business 7I. MOTION/SECOND: Stigney/Marty. To Approve the April 8, 2002, City Council Agenda as amended. Ayes - 5 Nays – 0 Motion carried. 4. PUBLIC INPUT None. 5. UNFINISHED BUSINESS None. 6. CONSENT AGENDA A. Just and Correct Claims B. Licenses for Approval C. Resolution 5746 Making Appointments to the Airport Advisory Committee, Planning Commission and Park and Recreation Commission Mounds View City Council April 8, 2002 Regular Meeting Page 2 D. Set Public Hearing for 7:10 p.m. on May 13, 2002 to Consider Special Assessment of the Service Availability Charge to Gas ‘N Splash E. Resolution 5742 Amending the 2002 General Fund Budget Administration of the Recycling Program F. Resolution 5743 Approving Funding Agreement for the DARE Program with ISD#621 G. Resolution 5744 Approving a Wage Adjustment for Charles Hansen MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item 6A as Presented. Finance Director Hansen asked for Council direction as to whether the proposed payment arrangement with the Fire Department was an acceptable method of payment. He then explained that the Fire Department has requested two months’ payment for the first four months, one month’s payment for the next four months and no payments for the last four months. Finance Director Hansen indicated it has been the practice of the City to pay for the month of service in the month the service is provided. Council Member Marty asked if the bottom line is the same. Finance Director Hansen indicated it was. Council Member Marty commented the payment arrangement has been ongoing since 1990 when the Joint Powers Agreement was signed. City Administrator Miller explained that the Joint Powers Agreement was signed in 1990 but there is nothing in minutes, nothing attached to the agreement, and nothing in resolution format to authorize this type of payment method. She then indicated that, if Council wishes to authorize this method of payment a resolution would need to be drafted for approval. Council Member Marty asked if Blaine and Spring Lake Park have the same arrangement with the Fire Department. City Administrator Miller indicated she believed the payment arrangement to be the same for Blaine and Spring Lake Park but said she would look into the matter. Council agreed to the payment arrangement provided the other cities have the same type of arrangement. Council Member Stigney asked whether this method of payment was recommended by Staff. Finance Director Hansen indicated he had not brought a recommendation and was seeking Council direction. Mounds View City Council April 8, 2002 Regular Meeting Page 3 Council Member Quick asked if it was legal for a municipality to pay for services it has not yet received. City Attorney Riggs indicated the payments would be made according to the specifications outlined in the Joint Powers Agreement and noted that since the City is a member of the entity he does not feel there would be an issue with the proposed payment method. Council Member Quick asked whether the Joint Powers Agreement specified the method of payment. City Administrator Miller explained that there is no reference to the method of payment but noted there was a formula built in as to what that payment would be. She then indicated she would check with the other cities and bring a resolution back before Council for approval. Council Member Stigney requested that Item 6E be removed for discussion. Council Member Marty requested that Item 6C be removed for discussion. Council Member Marty asked for further information on the FBI training. Deputy Chief Brennan indicated that the training was for law enforcement executives. Council Member Marty asked whether the FBI training had been approved by Council. City Administrator Miller indicated the training was within the state and did not require Council approval. Council Member Marty asked for further information on the H2 project and the payments to SEH. Public Works Director Lee indicated he had researched the matter and the estimate for plans and specifications was $70,000 and the payment in question is a portion of that. He then indicated the City would be continuing to make payments to SEH as the project progressed because SEH will be involved in the inspections. He also indicated that $496,000 had been budgeted for administrative and engineering costs. Council Member Marty asked whether the payment to UNL for HVAC was for the Community Center. Public Works Director Lee indicated the payment represented the majority of the work completed at the Community Center. He then indicated there would be one more smaller invoice representing the remaining sensor work to be done. Council Member Marty asked whether the system is working the way it was intended to work. Mounds View City Council April 8, 2002 Regular Meeting Page 4 Public Works Director Lee indicated the system is up and running and the issues seem to have been resolved. Council Member Stigney asked whether the electronic surveillance equipment had been installed at the Community Center. Deputy Chief Brennan indicated the payment represented the 50% due at the acceptance of the bid and noted the equipment had not yet been installed. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Sonterre/Quick. To Approve Consent Agenda Item C as Presented. Council Member Marty indicated that several years ago two individuals on the Planning Commission had not turned in applications when their term expired and were replaced by other candidates. He then asked why that had not happened in this instance because one of the Park and Recreation Commissioners had not turned in an application and there were other applicants waiting for a position who had turned in applications in January and March. Mayor Sonterre clarified that Mr. Sczepanski had informed him that he wished to be reappointed and was named the Vice Chair for 2002. Mayor Sonterre further explained that he had mistakenly believed that the application on file would suffice and did not ask Mr. Sczepanski to fill out another. Upon making recommendation for approval to Council it was learned that the Administration required a new application and the appointment of Mr. Sczepanski was tabled until that new application was received. Mayor Sonterre indicated that the City’s Code indicates that a persons term continues, even if expired, until the seat is filled by another applicant. City Administrator Miller indicated this issue should cease happening in the future because Council recently approved a policy for handling Commission appointments. Council Member Marty commented that, if the Mayor and Mr. Sczepanski had discussed the appointment at the end of last year, there would have been time for Mr. Sczepanski to turn in his application before the deadline. He then said he is not questioning Mr. Sczepanski’s appointment but does question the method. Mayor Sonterre again stated that he had mistakenly assumed that the application currently on file for Mr. Sczepanski would suffice and did not realize a new application was required until he made his recommendation to Council. The matter was tabled and Mr. Sczepanski was asked to complete a new application. Mayor Sonterre congratulated Barb Haake for being named the first ever female Commodore to the St. Paul Yacht Club. He then expressed concern that a recent newspaper article had claimed that Ms. Haake and her fiancé are full time residents of their boat on the Mississippi River. He Mounds View City Council April 8, 2002 Regular Meeting Page 5 further indicated he would like to table her appointment to the Airport Advisory Committee to allow time to verify that she is living in Mounds View and not just a property owner in Mounds View. Council Member Stigney asked for clarification as to whether the other person on the Airport Advisory Committee has been attending meetings and, if not, whether there is another Mounds View position to fill. Mayor Sonterre asked City Administrator Miller to investigate the situation. Council Member Marty asked whether the matter of the open position on the Police Civil Service Commission had been resolved. City Administrator Miller indicated the City has three Commissioners currently. She then indicated that because of the hiring of a new Police Chief and the time it takes to bring a new Commissioner up to speed, it was decided to postpone replacing the one Commissioner until after the hiring. Mayor Sonterre amended his motion to remove the references to Barb Haake and the Airport Advisory Committee. Council Member Quick agreed to the amendment. Council Member Stigney questioned whether the Commissioner in question was a valid Commissioner because the issue is that he is not a resident of the City. City Attorney Riggs indicated that anyone who is appointed serves until a new commissioner has been appointed and qualified to serve, regardless of the fact that the term has expired. Council Member Stigney asked whether the position has been advertised. City Administrator Miller indicated she was not sure and said she would look into it. Council Member Marty said it was advertised and a number of qualified people applied but there has been this issue of non-residents and business people so approval was tabled. Council Member Stigney asked Mayor Sonterre to review his applications. Mayor Sonterre indicated he had received one application in 2001 but it was his understanding that the City Attorney was to make a determination as to whether the person in question was a viable candidate for reappointment. Council Member Stigney indicated Council had been told the individual was not eligible and now needs to fill the position. Mounds View City Council April 8, 2002 Regular Meeting Page 6 Council Member Marty clarified that the individual is eligible but City residents should take priority. City Attorney Riggs indicated he does have a letter he could provide to the City Administrator concerning the situation. He then explained that Council could appoint someone at any time there are candidates available. He also clarified that any action of the Commission is valid with the current Commissioners and does not violate any state statute but said it is a gray area. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Stigney/Marty. To Deny Approval of Consent Agenda Item E. Council Member Stigney asked for clarification as to why the administration’s budget was being increased by 20% if the duties are being moved to public works. Finance Director Hansen explained that the administration administrative assistant position is funded 80% out of the general fund and 20% by the recycling grant. When it was decided that the recycling duties should be shifted back to the public works administrative assistant, the funding sources for the positions needed to be corrected. This means that the administrative administrative assistant is now funded 100% by the general fund and the public works administrative assistant is funded 80% by the general fund and 20% by the recycling grant. City Administrator Miller clarified that the City receives a SCORE grant for recycling which allows the City to fund the position that administers the recycling program up to 20%. She further clarified that this does not mean that 20% of that person’s time is dedicated to recycling duties. She then explained that a year ago there were issues with the phone system and the phone duties were shifted to the public works administrative assistant and the recycling came to the administration administrative assistant but the funding was not corrected nor was it an equitable swap of duties. She also indicated that the duties of the current administration administrative assistant have increased over the last administrative assistant. Council Member Marty commented that it seems as if public works picked up recycling which is 20% more and he does not understand why the administration’s budget would be getting the extra funds if the responsibilities have been shifted. City Administrator Miller clarified that administration of the recycling program does not require 20% of the person’s time. Council Member Marty commented that it seems like public works is getting the short end of the stick. City Administrator Miller indicated that recycling was public works responsibility a year ago and is being moved back. Mounds View City Council April 8, 2002 Regular Meeting Page 7 Council Member Thomas asked for clarification that there is no change in dollar amounts and nobody is getting more of anything. City Administrator Miller confirmed that nothing had increased just the funding source had changed. Council Member Stigney said it does not make sense to him to increase administration’s budget when the workload of public works was increased. Finance Director Hansen explained the administration position is currently budgeted to be funded 80% from the general fund and 20% from the recycling grant and needs to be changed to reflect that the position is 100% funded from the general fund and the public works position needs to be changed to reflect that it is 80% funded from the general fund and 20% from the SCORE grant. Council Member Stigney indicated he would like clarification of the wording of the Resolution before he would vote to approve it. MOTION/SECOND: Sonterre/Stigney. To Table Approval of Consent Agenda Item E for Further Information. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item G as Amended. City Administrator Miller indicated the Resolution incorrectly refers to Step 5 and should be corrected to read Step 4. Council Member Marty commented that City Administrator Miller was hired an entire year before Finance Director Hansen and has not yet been given her six month review. He then asked why this has not been done. Mayor Sonterre asked that discussion of City Administrator Miller’s review be handled under the report section of the meeting. Council Member Stigney asked that Resolution 5744 be read. City Administrator Miller read Resolution 5744. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Stigney/Thomas. To Approve Consent Agenda Items B, D, and F as Presented. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council April 8, 2002 Regular Meeting Page 8 7. COUNCIL BUSINESS A. Public Hearing to Consider a Liquor License Transfer for Robert’s. This item was cancelled. B. Public Hearing to Consider First Reading and Introduction of Ordinance 696, Revising Chapter 701 Related to Animals. Mayor Sonterre opened the public hearing at 8:02 p.m. Deputy Chief Brennan indicated a lot of effort had been put into revising this section of the Code and noted the revisions have the potential to impact a lot of residents and that is why a public hearing was scheduled. Diane Wyman of 2209 Bronson Drive thanked the Police Department and City Council for their efforts to revise the Ordinance. She then commended Council and the Police Department for their excellent work on the matter. Council Member Marty thanked Ms. Wyman for bringing this matter forward. Mayor Sonterre closed the public hearing at 8:05 p.m. MOTION/SECOND: Quick/Marty. To Waive the Reading and Introduce the First Reading of Ordinance 696, an Ordinance Revising Chapter 701 Related to Animals. Ayes – 5 Nays – 0 Motion carried. . C. Public Hearing to Consider First Reading and Introduction of Ordinance 698, an Ordinance Amending Chapters 11108 and 1109 of the Mounds View Zoning Code Pertaining to Townhomes and Multi-Family Dwellings. Mayor Sonterre opened the public hearing at 8:06 p.m. Planner Atkinson explained that Staff is recommending this change to encourage more owner occupied housing in Mounds View. As currently written, multifamily housing is allowed by right and townhomes by conditional use permit and this change would allow townhomes by right and multifamily housing by conditional use permit. He also noted that a development review would still be required. Mayor Sonterre closed the public hearing at 8:08 p.m. Mounds View City Council April 8, 2002 Regular Meeting Page 9 Council Member Marty noted there was a discrepancy in the Resolution as to the number of units allowed. Planner Atkinson indicated the number should be eight and indicated he would correct the Resolution. MOTION/SECOND: Marty/Thomas. To Waive the Reading and Introduce the First Reading of Ordinance 698, an Ordinance Amending Chapters 1108 and 1109 of the Mounds View Zoning Code Pertaining to Townhomes and Multi-Family Dwellings. Ayes - 5 Nays - 0 Motion carried. D. Public Hearing, First Reading and Introduction of Ordinance 697, an Ordinance to Rezone the Subdivided East Half of 7653 Groveland Road from R-1, Single Family Residential, to R-2, Single and Two Family Residential. Mayor Sonterre opened the public hearing at 8:09 p.m. Planner Atkinson reviewed the case with Council and indicated that the Planning Commission had recommended approval after first tabling the matter for further information. He then indicated the Commission was concerned with the water issues and wanted to make sure the potential buyer was aware of them, wanted further information as to the type of structure to be built, and wanted information as to whether the twinhome would be owner occupied or rented. David Jahnke of 8428 Eastwood Road addressed Council and indicated that the homeowner at any time could decide to rent out the property so a letter from him indicating he intends to live there is no guarantee of an owner occupied residence. Planner Atkinson indicated that issue was discussed at the Planning Commission meeting but it was said that the same could be true of any property in the City. Council Member Quick asked whether a drainage and utility easement had been taken on the remaining portion of the lot as well as the new lot. Planner Atkinson indicated there would be a drainage and utility easement on both pieces of property. Council Member Stigney asked whether the Planning Commission is recommending approval or asking Council to decide Planner Atkinson indicated the Planning Commission is recommending approval. Council Member Marty asked where the park dedication fees come in. Mounds View City Council April 8, 2002 Regular Meeting Page 10 Planner Atkinson explained that park dedication fees are required before the subdivision is recorded with the County. Council Member Quick asked whether this was a zero lot line. Planner Atkinson indicated it is not. Mayor Sonterre closed the public hearing at 8:17 p.m. MOTION/SECOND: Thomas/Sonterre. To Waive the Reading and Introduce the First Reading of Ordinance 697, an Ordinance to Rezone the Subdivided East Half of 7653 Groveland Road from R-1, Single Family Residential, to R-2, Single and Two Family Residential. Ayes - 4 Nays - 1(Quick) Motion carried. E. Fire Department Quarterly Report Deputy Chief Krueger appeared before Council on behalf of the Fire Department to present the Fire Department Quarterly Report. Deputy Chief Krueger reviewed the quarterly report with Council. Deputy Chief Krueger demonstrated the new personal safety devices the Fire Department recently obtained through the use of grant funds. The device monitors air supply and produces a visible and audible alarm should the fire fighter stop moving or manually set off the alarm. Council Member Marty pointed out that Mr. Krueger had recently been named Deputy Chief and congratulated him on his accomplishment. F. Second Reading and Adoption of Ordinance 695, an Ordinance Renaming a Disconnected Section of County Road J. MOTION/SECOND: Marty/Stigney. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 695, an Ordinance Renaming a Disconnected Section of County Road J. ROLL CALL: Quick/Marty/Stigney/Thomas/Sonterre. Ayes – 5 Nays – 0 Motion carried. G. Resolution 5745, Approval of Issues the City Council Intends to Bring Forward for Resolution and Discussion with the Trunk Highway 10 Interregional Management Team and Mn/DOT. Mayor Sonterre asked that the reference to the soundwall be removed because he did not feel it needed to be spelled out. Mounds View City Council April 8, 2002 Regular Meeting Page 11 Council Member Thomas suggested a rewording to: in full knowledge that it will require that Mn/DOT construct a noise wall. MOTION/SECOND: Marty/Thomas. To Waive the Reading and Approve Resolution 5745, a Resolution of Approval of Issues the City Intends to Bring Forward for Resolution and Discussion with the Trunk Highway 10 Interregional Management Team and Mn/DOT. Ayes – 5 Nays – 0 Motion carried. H. First Reading and Introduction of Ordinance 699, an Ordinance Amending Section 1006.04 of the Mounds View City Code Pertaining to Certificates of Occupancy. Community Development Director Ericson indicated that this Ordinance would amend Section 1006.04 of the City’s Code to require a Certificate of Occupancy in order to be able to update data and provide emergency contact information for the emergency response people. He then commented that this is a good change and would assist with public safety. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Introduce the First Reading of Ordinance 699, an Ordinance Amending Section 1006.04 of the Mounds View City Code Pertaining to Certificates of Occupancy. Ayes - 5 Nays - 0 Motion carried. I. Letter of Resignation City Administrator Miller asked Council to consider accepting the resignation of Patrick Toth effective April 30, 2002. Council Member Marty commented that Patrick has been a very good employee who has been very dedicated to the City and will be missed. Mayor Sonterre commented that Mr. Toth had stayed on an extended amount of time beyond his first resignation letter and apologized that the City could not assist him with his position. MOTION/SECOND: Stigney/Thomas. To Accept the Resignation of Patrick Toth Effective April 30, 2002. Ayes – 5 Nays – 0 Motion carried. 8. SPECIAL ORDER OF BUSINESS None. Mounds View City Council April 8, 2002 Regular Meeting Page 12 9. REPORTS Council Member Marty pointed out that there is a nice letter from Jim Morries to City Administrator Miller concerning the performance of Kathy Osmonson. He then commended Ms. Osmonson for her outstanding performance. Council Member Marty asked the status of City Administrator Miller’s six-month review. Mayor Sonterre indicated that Council would be receiving a form to fill out in the near future and said Brimeyer would be doing a six-month review as well as a to-date review for City Administrator Miller. Council Member Marty said he was under the understanding Brimeyer would do the six month review and Council was to do one on its own. Mayor Sonterre explained that Brimeyer would do a spreadsheet showing the comparisons in the two reviews for Council review. Council Member Stigney asked whether the City would be billed for that service. City Administrator Miller indicated the service should be included as part of the contract. She then said Brimeyer had questioned how to do a six month review when she has been with the City for 18 months and that is why they are doing a six month and a more current review. City Administrator Miller thanked Council Member Marty for his diligence because she too would like her review done and it is not usually the responsibility of the employee being reviewed to instigate the process. Council Member Marty indicated the rotary dinner was Friday and it seemed to go well. He then asked City Administrator Miller where the City’s ticket went. City Administrator Miller indicated she is the first designee from the City, Ms. Reed is the second, and Mayor Sonterre is the third and because she and Ms. Reed could not attend Mayor Sonterre attended. Mayor Sonterre clarified that the way the new membership is set up each City can designate three people from the one paying body. He then said he attended and sold all the tickets on behalf of the City. Council Member Marty said he thought the Mayor had his own membership. Mayor Sonterre indicated there had been some confusion but with the new policy it was suggested he attend as the third designee of the City. Council Member Marty asked whether the fitness equipment bill had been paid. Mounds View City Council April 8, 2002 Regular Meeting Page 13 Mayor Sonterre indicated he had given the check to Finance Director Hansen when he got to the meeting. Council Member Marty commented that all through February and March Mayor Sonterre had indicated he would pay at the end of March. Mayor Sonterre indicated he had brought the check with him last week but the Finance Director was not there. Mayor Sonterre asked if Council Member Marty had paid his bills. Council Member Marty said yes. Council Member Quick pointed out that Council Member Marty has two charges and asked whether both had been paid. Council Member Thomas provided a legislative update indicating not much progress is being made and session will more than likely go to May 20, 2002. Council Member Quick asked City Administrator Miller to ask Finance Director Hansen to investigate his question concerning Council Member Marty’s payment and provide an answer in memo form. Council Member Stigney indicated he would like to add to the work session agenda a discussion as to whether the budgets for legal fees for the commissions should be one account or separated out. Council Member Stigney asked that Staff provide rationale as to why things are being charged as it would save money in the long run because there would be no need to research the matter. Council Member Stigney pointed out that he had looked into the legal fees surrounding the collection of the $703.00 from Mayor Sonterre. He then indicated that to collect the $703.00 from Mayor Sonterre the City had spent $852.00 in legal fees. He further commented he is glad to hear it has been paid tonight and he is glad that it is over with but it should never have come to this as it should have been paid right away. Mayor Sonterre commented it should never have happened in the first place. Mayor Sonterre reported he had attended a meeting concerning the potential use of the TCAAP property. He then commented the list of attendees was impressive but said he felt more of the citizenry should be invited. Mayor Sonterre indicated that the LaPort Meadows legislative bill had been held up in committee but had been moved to the calendar and should be approved in the coming weeks. Mounds View City Council April 8, 2002 Regular Meeting Page 14 Council Member Quick asked if there had been any discussion of recreational use of the arsenal property. Mayor Sonterre indicated that several hundred acres have been earmarked for recreation, wetland and park. 10. APPROVAL OF MINUTES A. March 25, 2002 Council Member Marty requested the following changes: On Page 2, third paragraph correct the spelling of “Meyer”. On Page 16 $15,000 should be $1,500. On Page 25, center paragraph not sure how much Community Center charged said couple three hundred bucks but $200.00 is listed please check figure. On Page 26, third paragraph correct the spelling of “Gunn”. City Administrator Miller requested the following change: On Page 9, second paragraph where Ms. Reed contacted focus it should read contacted the ______ who contracts with the Focus to deliver the newsletter. She then indicated she would provide Staff with the correct name to insert. Council Member Thomas provided City Administrator Miller with a wording change to the paragraph on the bottom of Page 21 and top of Page 22. Council Member Stigney asked whether the City Attorney had answered Mr. Jahnke’s question from the bottom of Page 1. City Attorney Riggs indicated that later in the meeting he and Mr. Jahnke spoke concerning the matter. MOTION/SECOND: Marty/Thomas. To Approve the March 25, 2002, City Council Minutes as Amended. Ayes – 5 Nays – 0 Motion carried. Council Member Thomas indicated she had attended a meeting concerning the indoor air quality issues at Pinewood Elementary School and invited interested residents to contact her for further information. 11. CLOSED SESSION A. To Discuss Labor Negotiations MOTION/SECOND: Thomas/Quick. To Recess to Closed Session to Discuss Labor Negotiations and to Adjourn from the Closed Session. Mounds View City Council April 8, 2002 Regular Meeting Page 15 Ayes – 5 Nays – 0 Motion carried. Council recessed to closed session at 9:00 p.m. to discuss labor negotiations. B. To Discuss Threatened/Potential Litigation 12. Next Council Work Session: Monday, May 6, 2002 Next Council Meeting: Monday, April 22, 2002 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at _____ p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 22, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:03 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, April 22, 2002 City Council Agenda. Assistant City Administrator Reed requested that independent contract for golf lessons be added as Item 8K. Council Member Thomas requested a response to the no confidence vote be added to the agenda. City Administrator Miller requested that the closed session be moved up in the agenda to be held after the public comment section of the meeting. MOTION/SECOND: Quick/Marty. To Approve the April 22, 2002, City Council Agenda as amended. Ayes - 5 Nays – 0 Motion carried. Mayor Sonterre read Council’s response to the no confidence vote taken by City employees. The statement was confirmed by motion. MOTION/SECOND: Quick/Thomas. A Group of Mounds View City Employees Issued a Press Release Dated April 17, 2002 Regarding a Vote of “No Confidence” in the City’s Current Administration. Many of the Supposed Facts Cited in the Release are Incorrect and Accusations Made are Inflammatory, Inaccurate and Unsupportable in Fact and in Substance. Although Many Issues Have Arisen Over the Last Year, Which We Don’t Fully Understand, That Have Divided Opinion on city’s Strategies, Plans, Policies and Procedures, the Administration has Acted at the Direction of the City Council. All Management Staff Activity is Under City Council Supervision. We have Absolute Confidence in the Current Administration’s Ability to Understand and Fulfill Council Direction. Mounds View City Council April 22, 2002 Regular Meeting Page 2 Ayes – 4 Nays – 1(Marty) Motion carried. 4. PUBLIC INPUT Jerry Linke of 2319 Knoll Drive indicated he had looked for Item K in the public book and it is not there. He then commented that the Administration does not follow state law as to what goes into the public book and when it goes there. He further stated that he concurs with the City employees that this Administration does not know what it is doing and is in violation of many state statutes. Assistant City Administrator Reed indicated she would be adding a copy of the contract when Council gets to that portion of the agenda. Chuck Chisolm of 3644 41st Avenue South indicated he was a golf pro up at the golf course and indicated he was paid for three and a half months as full time and was told he was only seasonal. He also indicated he taught lessons in May and June and was not paid nor was he paid for the junior golf lessons he provided in February and March. Mr. Chisolm indicated that the City owes him $1,4____ for the last year and asked what he was supposed to do to get the City to pay him the money he is owed. Mr. Chisolm further commented that he had been told by the City Administrator that the matter would be discussed as part of the collective bargaining but the City has refused to bargain. He then said “the City Administrator is screwing the City, you owe the money pay up.” Mayor Sonterre commented that Council, by majority vote, had made public its confidence in the ability of the City Administrator. Jon Uline of 10953 Xylite Court NE, Blaine said he was unhappy with the way the representatives of the City handled the rest of the employees at the golf course after terminating the golf course manger. He then said he feels the City drew a line in the sand and let a cancer grow rather than working with the people running the course. Ron Houston, Assistant Manager and golf pro indicated the golf course staff was not told about the change in the way golf lesson were paid, the employees found out when the money was not in their checks. He then said he was told that the golf lessons would be part of the bargaining. He indicated he is owed $3,370.00 for golf lessons and has not been paid. He also indicated he was told he could not use sick time during the off-season. He further indicated he was told he could make up the time with comp time once the course opened but when he got his check vacation days were used. Mr. Houston indicated he has had a difficult time dealing with the Administration because nothing is ever communicated to the employees, thins are just taken away. He then said the golf course makes a lot of money and the employees want to continue working there, all they want is their job back. Mounds View City Council April 22, 2002 Regular Meeting Page 3 Mr. Houston questioned whether the people that are in the union were not offered interviews because they are in the union. He then said there are a lot of veterans involved and asked how the City is applying the veterans preference in this instance. Mayor Sonterre stated that the issues specific to the role of the Administrator and Council’s position on that has been stated and ratified by vote. He then asked whether Mr. Houston had something to say that is not concerning his opinion of the work of the Administrator and noted it would have been more appropriate to make these comments when Council heard this item on the agenda. Rich Matson of 8414 Groveland Road indicated he has been a resident of Mounds View since 1977 and usually watches meetings from home but finally came in person to speak because he is totally disgusted with the way the City is running. He then said everything is going to court and costing the residents money in attorney’s fees. The streets are falling apart and instead of spending money on fixing them the City is hassling its employees and wasting money on attorney’s fees. He further stated he intends to work on getting a grassroots effort together to replace everyone. Gary Cardell of 2516 Sherwood Road indicated he has been with the City for 26 years and has been a resident for 30 years. He then said he does not like putting anyone down but there is a definite morale issue with the employees and he would like to make things better for the depressed employees. He then said he was asking for Council’s help on behalf of the younger employees to straighten things out before the City loses all of its good employees. He further stated residents may need to pay more taxes in order to provide proper health insurance to keep the City’s employees happy. He also said there has been no communication and the lack of communication breeds contempt. Naja Werner of 2765 Sherwood Road asked how there could be effective City government if there is this sort of attitude prevailing in the City. She then said she has never seen anything like this and she has lived in the City for 48 years. Tim Friedberg of New Brighton and the Public Works Department said he feels the morale and atmosphere at City Hall has reached rock bottom. He then said that by supporting the Administration by vote against the request of the City’s employees will make the problem worse. Mr. Friedberg commented that nobody ever contacted employees concerning the change in insurance to the 80/20 split. He then told Council a change is needed and asked them to do something about it. Mayor Sonterre explained that the decisions of the Administration were known and supported by Council. He then suggested that, since the Administrator works at the direction of Council more of the blame should be placed on Council’s shoulders. He also suggested that the City should look toward improving communication with its employees. Mounds View City Council April 22, 2002 Regular Meeting Page 4 Mr. Friedberg said Council is not hearing the employees and noted there used to be meetings to keep staff informed but the current Administration is intimidated to come down to public works. Mayor Sonterre welcomed the employees to contact him or any other member of Council to discuss the matter and said the communication could be looked into. ______________ of 5108 Long Lake Road asked when the City was going to stop spending money on litigation and get some work done. Mayor Sonterre said as soon as possible. Mr. ________ said that perhaps the change the employees are asking for would come in November. David Jahnke of 8428 Eastwood Road indicated he likens this situation to when a board of directors hires someone to do a job. The Council does not run the City. The Council hired the Administrator to do that. He then said he is aware that all things come to Council for approval but he is a little worried about why so many people are upset with the Administration and said he thinks the City needs to take a look and see what can be done about the communication issues. Mr. Jahnke asked if the City was being sued by the state because the state is not happy with the City’s use of TIF districts. He then indicated he had asked for a copy of the report and had no received it. City Administrator Miller indicated she was familiar with the report but was not aware of the request. Mr. Jahnke asked for information on the report as to whether or not it was favorable. Mayor Sonterre indicated the report was somewhat critical and the City is working on resolving issues from the past. City Administrator Miller indicated the Community Development Department is working with Ehlers to correct some past issues. Mr. Jahnke commented that the City keeps doing things wrong that end up costing the City money. Community Development Director Ericson explained there is a matter of a difference in interpretation that will need to be worked out in the courts. He also noted that the City has changed its practices going forward. Mr. Jahnke commented that this is yet another thing that is in court and it is costing the taxpayers in attorney’s fees. He then said that he agrees some of the issues are justified but asked Council to take the City in the right direction from this point to limit attorney’s fees in the future. Mounds View City Council April 22, 2002 Regular Meeting Page 5 Mayor Sonterre indicated that the legal fees currently being expended are due to errors made in the past that need to be corrected. JoAnne Valley of 2808 Woodale Drive said she feels very strongly that the Council is not the total leadership in Mounds View and she thinks there is too much power leaning toward the administration when Council was elected to serve the residents. She then commented that fighting City Hall is hell and she had done it for years and loses every time. Ms. Valley asked that the City go back to the way things used to be with a strong Council and less power to the Administration. She then said the City needs to let the golf course workers go back to work because there are wonderful employees up there. She further commented that Council Members always say that residents can come to Council with issues but the bottom line is that to proceed with anything residents need approval from City Hall. Mayor Sonterre commented there were three experienced Council Members who would not let the Council become weak and he thinks Council is doing a good job. Jeremiah Anderson addressed Council and explained he had prepared a nice statement to read to Council but, after listening to the proceedings, he has decided to forego the statement in lieu of telling Council how he feels. Mr. Anderson indicated that when the employees voted to be represented by the union everyone was confident the contract could be worked out. He then explained he and his wife had discussed jokingly what would happen if no contract agreement was reached because that seemed like a very remote possibility that now seems a real possibility. Mr. Anderson indicated he had made the conscious decision to work in the public sector because he likes to help people and said walking a picket line does not help anyone. He also said the whole situation seems unreal and it is very draining arriving at the office each day only to hear the latest “update” on the situation and wait to see what has to be dealt with next. Mr. Anderson said this situation has been tough to deal with. Jerry Serfling, Assistant Director of AFSCME 14 said Council had done a disservice to its employees by trying to shorten comments about the Administration. He then said Council is aware that the strike date is set for Wednesday, April 24, 2002 and he thought last Wednesday concessions had been made and, even though the union stands ready to negotiate, he cannot help but wonder if Council is behaving as if the City Manager runs the City and Council merely takes a position on items presented by the Administration with no consideration of the employees. Mr. Serfling said he pledges to the community that the union would work with anybody that wants to work with them to make this a better City and to make it a place where people are proud to work. He then said the union is prepared to work to get this contract settled and he hopes the City is up for it. Mounds View City Council April 22, 2002 Regular Meeting Page 6 Cliff Pehler, President of AFSCME 14 said he hopes the City is able to reach an agreement on the contract. He then said the union would send money and other contributions from other labor unions and said the support would be there as long as it takes. He further stated he thinks it may be time for the City to step back from the brink to see if this is a fight it really wants to engage in because there are 400,000 plus men and women in the union to support the employees of Mounds View. He ended his comments by saying labor support is here, they do not threaten, they do not beg and they will not forget. 5. SPECIAL ORDER OF BUSINESS A. Update/Presentation by John Connelly, Executive Director of the Minneapolis Metro North Convention & Visitors Bureau (CVB). Mr. Connelly from the North Metro Convention and Visitor’s Board thanked the City for its participation in the Bureau and gave a brief status update on the Bureau’s efforts to promote the City of Mounds View. He also provided statistical information for 2001. Council Member Stigney pointed out that the Knotty Pine had changed its name to Jakes and asked whether the information would be updated. He also pointed out that the Best Steakhouse is not on the list. Economic Development Coordinator Backman indicated he had been going through the City’s business list and would provide an updated copy to Mr. Connelly. Council Member Marty asked whether the organization would be contributing to the Festival in the Park festivities as previously indicated. Mr. Connelly indicated the contribution to a City festival was part of the agreement and explained the only criteria for receiving the funds is that they be used to market the event. 6. CLOSED SESSION MOTION/SECOND: Marty/Thomas. To Recess to Closed Session to Enter Into Labor Negotiations. Ayes - 5 Nays - 0 Motion carried. Council recessed to closed session at 8:03 p.m. Council reconvened at 9:33 p.m. Mounds View City Council April 22, 2002 Regular Meeting Page 7 7. CONSENT AGENDA A. Just and Correct Claims B. Licenses for Approval C. Resolution 5750 Approving the Purchase of a Replacement Utility Truck for the Public Works Department D. Resolution No. 5742 Amending the 2002 General Fund Budget for Administration of the Recycling Program E. Resolution 5747 Authorizing Payment for Services of the Spring Lake Park, Blaine, Mounds View Fire Department F. Resolution 5752 Authorizing Severance to Tom Haack G. Resolution 5753 Authorizing a Step Increase for Kirk Leitch H. Resolution 5754 Establishing the City’s Contribution to Benefits for Non-Union Employees I. Resolution 5755 Appointing Barbara Haake to the Airport Advisory Board Council Member Marty requested that Items A, D, E, G and I be removed for discussion. Council Member Stigney requested that Item C be removed for discussion. MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item A as Presented. Council Member Marty asked whether the check issued to Ikon Health and Fitness was for repairs to the fitness equipment at the Community Center. Finance Director Hansen indicated it was for repairing the fitness equipment but said he was not sure what repairs were made. Mayor Sonterre indicated the repairs were for the heart monitor devices on the treadmill. Council Member Marty questioned whether the Charter Commission had incurred further legal expenses beyond what was approved at the last meeting because Check No. 108022 was an amount nearly the same as previously approved. Finance Director Hansen indicated there had been legal fees as a continuation of the discussion from the prior month. City Attorney Riggs said he could give Council the opinion that he sent to the Charter Commission and explained there were multiple questions he was asked to provide interpretation for as well as potential revisions to the charter. Council Member Marty asked whether the funds expended for the Mermaid detention pond would be reimbursed or if it was the City’s portion. Mounds View City Council April 22, 2002 Regular Meeting Page 8 Community Development Director Ericson indicated the funds were partially reimbursable through a grant. Council Member Stigney asked what the check issued to Park Auto Body was for. Public Works Director Lee indicated the expense was for body work done to repair the damage done to a pick up truck damaged in a snow plow incident. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Item C as Presented. Council Member Stigney questioned whether the City would be attempting to sue the other party to recover the City’s costs or whether the City is at fault. Public Works Director Lee indicated the City is making a claim through the League of Minnesota Cities and the League would be working to recover the funds for the City. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item D as Presented. Council Member Marty noted this matter was discussed at the work session but said the duties swap was not clear to him and it seems that public works is picking up more work for the same pay. Mayor Sonterre clarified that Council Member Stigney had requested further information on this matter and then asked the City Administrator if she had provided that information. City Administrator Miller explained that duties were shifted when the administrative assistant in public works was assigned telephone duties. She then said that since the MIS people are now in charge of the phone duties and the few remaining phone responsibilities are negligible it is appropriate to return the recycling duties to the public works administrative assistant. Council Member Marty clarified that generally the duties of the phone system are negligible in nature but at the time of the swap there was an issue with phones that was time consuming. City Administrator Miller confirmed that the remaining phone duties were negligible. Council Member Marty asked whether additional duties would be created for the administrative assistant in the administration department to replace the duties reassigned to the administrative assistant in public works. City Administrator Miller confirmed that the new administrative assistant has had her duties increased significantly from the previous administrative assistant. Mounds View City Council April 22, 2002 Regular Meeting Page 9 Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item E as Presented. Council Member Marty commented that everything about this contract was spelled out and this Administration should have had copies of the information and he does not understand why the Administration is questioning this contract. City Administrator Miller explained that Council Member Stigney had brought it to her attention that there should be a more recent copy of the contract than the 1992 copy she had in her files. She then indicated she had received a copy of the contract from the fire department today but has found nothing in resolution form that authorizes Staff to use this method of payment. She further asked for Council approval to continue with payments in this fashion if Council did not wish to approve the resolution. Council Member Marty said the contract clearly spells out the method of payment and he does not think there should have been any question. City Administrator Miller indicated the copy on file was older and when she looked for a resolution to give Staff the authority to pay in that manner she found none and that is why she is seeking approval of the resolution from Council. Council Member Stigney commented he had spoken to the Chief and understands that the residents are helping to pay the salaries for a board of directors to the tune of $10,800 per year and he wanted to bring that to the attention of the residents. He then said he would like to have the City Administrator look into whether the City really should be paying. City Administrator Miller indicated that Michelle Sandback had brought to her attention the bylaws and asked her to look into the legality of the board stipend. She then indicated that she had forwarded the bylaws to the City Attorney for review and opinion. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Item G as Presented. Council Member Marty congratulated Mr. Leitch on getting off of probation and becoming a full time officer. Deputy Chief Brennan indicated he would pass that compliment along. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Stigney/Marty. To Approve Consent Agenda Item I as Presented. Mounds View City Council April 22, 2002 Regular Meeting Page 10 Council Member Marty said he was glad to have Barb back on the Airport Advisory Board because she has put a lot of blood, sweat and tears into the airport issue for the City. He then asked Staff to look into whether there is another resident opening on the board. Assistant City Administrator Reed indicated she had found out that there is another opening on the board. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Marty/Quick. To Approve Consent Agenda Items B, F, and H as Presented. Ayes – 5 Nays – 0 Motion carried. 8. COUNCIL BUSINESS A. Public Hearing to Consider a Liquor License Transfer for Robert’s. MOTION/SECOND: Thomas/Marty. To Table Item A, a Public Hearing to Consider a Liquor License Transfer for Robert’s. Ayes - 5 Nays - 0 Motion carried. B. Second Reading and Adoption of Ordinance 696 Revising Chapter 701 Related to Animals. MOTION/SECOND: Marty/Thomas. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 696, an Ordinance Revising Chapter 701 Related to Animals. ROLL CALL: Marty/Quick/Stigney/Thomas/Sonterre. Aye - 5 Nays - 0 Motion carried. C. Finance Department Quarterly Report Finance Director Hansen reviewed his quarterly report with Council. Finance Director Hansen indicated the Community Center Fund and the TIF funds are in the new budget format. Finance Director Hansen explained that due to staff turnover grants were not applied for to the County or State in 2001 and are currently being applied for possible revenue in 2002. Mayor Sonterre commented that the net operating loss of $128,513 for the YMCA seemed high. Mounds View City Council April 22, 2002 Regular Meeting Page 11 Finance Director Hansen explained that substantially all of that is payments to the YMCA under the City’s contract with them. He also noted it is not unusual for the City to be funding a recreation program but noted the City would need to determine the appropriate level of subsidy for recreation in the future. Council Member Stigney asked why there were figures on Page 4 under City Council health and life insurance when nothing had been budgeted for it. Finance Director Hansen indicated he would review the matter but said he suspected an allocation problem. Council Member Marty questioned whether it was necessary to have worker’s compensation insurance for Council Members. Council Member Thomas indicated that by law Council Members are considered employees. Council Member Marty asked what the other professional services of $26,150 was for. Finance Director Hansen indicated that $3,000 was for strategic planning sessions, $8,000 for minutes, $15,000 for legal fees, and $150 was for delivery of Council packets. Council Member Marty noted the last line item under the City Administration budget was budgeted for $1500 and the year to date figure is $2295. He then asked what that was for. Finance Director Hansen indicated that most of the expense was incurred for use of a temporary employee to cover the interim between administrative assistants. He also noted that wages and compensation would be under budget a bit because there was no one in the position for a short time. D. Resolution 5749 Approval of Prohibiting Parking on County Road H2. Public Works Director Lee reviewed the plans to upgrade County Road H2 and indicated that the state requires that the City prohibit parking on the street if not providing for on street parking. He then said that parking could be added to the plans for the upgrade at an expense. Public Works Director Lee indicated that the pre-construction survey sent out last fall indicated that the majority of residents did not want parking on the street. Council Member Stigney asked whether the Metro Transit issue had been resolved. Public Works Director Lee indicated he had met with Metro Transit and would be continuing to work with them on the matter. Council Member Marty indicated he had heard from a few residents concerning this issue and noted the only residents that contacted him were asking for no parking on H2. Mounds View City Council April 22, 2002 Regular Meeting Page 12 Mayor Sonterre indicated he would consider allowing parking on the north side of H2 between Long Lake Road and Edgewood Drive to relieve the parking issue with the theatre. Council Member Thomas inquired as to whether there was an issue with the trailway. Public Works Director Lee indicated that if the path was brought from Eastwood to Skiba there would not be any interference. Council Member Marty expressed concern that by allowing parking in that area and adding the pathway the buffer of landscaping would be removed. Mayor Sonterre agreed he did not want to interfere with the buffer. Public Works Director Lee indicated there is right of way available but there would be a need to clear the landscaping. Council Member Quick indicated he would prefer to have more detailed information on the proposal for parking from Skiba to Pleasantview. Council Member Stigney said that he was against allowing any on street parking and commented that the theatre is supposed to provide its own parking. Council Member Marty suggested contacting residents to ask for opinions on the possibility of adding on street parking from Skiba to Pleasantview, if Council is considering it. He also indicated residents should be told that in order to accommodate parking the landscaping buffer would need to be removed. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 5749, a Resolution Prohibiting Parking on County Road H2. Mayor Sonterre said he would be fine with prohibiting parking but before rushing to judgment he would like additional information on adding parking from Skiba to Pleasantview. Ayes - 3 Nays - 2 (Sonterre/Quick) Motion carried. E. Second Reading and Adoption of Ordinance 698, an Ordinance Amending Chapters 11108 and 1109 of the Mounds View Zoning Code Pertaining to Townhomes and Multi-Family Dwellings. MOTION/SECOND: Thomas/Marty. To Waive the Reading, Approve the Second Reading, and Adopt Ordinance 698, an Ordinance Amending Chapters 1108 and 1109 of the Mounds View Zoning Code Pertaining to Townhomes and Multi-Family Dwellings. ROLL CALL: Thomas/Marty/Quick/Stigney/Sonterre. Mounds View City Council April 22, 2002 Regular Meeting Page 13 Ayes - 5 Nays - 0 Motion carried. F. Second Reading and Adoption of Ordinance 697, an Ordinance to Rezone the Subdivided East Half of 7653 Groveland Road from R-1, Single Family Residential, to R-2, Single and Two Family Residential. Planner Atkinson reviewed the request with Council and indicated that the requested zoning change is not consistent with the City’s Comprehensive Plan which means, if approved, the Comprehensive Plan would need to be updated. He then noted that the use would be consistent with other uses to the south. Planner Atkinson indicated that the Planning Commission heard testimony concerning the drainage in the area and the Commission as well as Staff has assured the neighbors that the City would be looking at the drainage issues during the building permit process and would not allow any drainage from the developing property to spill onto adjoining properties. Planner Atkinson provided revised plans for the twinhome to Council. MOTION/SECOND: Marty/Thomas. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 697, an Ordinance to Rezone the Subdivided East Half of 7653 Groveland Road from R-1, Single Family Residential, to R-2, Single and Two Family Residential. ROLL CALL: Quick/Marty/Stigney/Thomas/Sonterre Ayes - 4 Nays - 1(Quick) Motion carried. G. Consideration of Resolution 5736, a Resolution Approving a Development Review for a Twenty-Unit Multi-Family Residential Facility at 2670 County Road I, Requested by the National Handicap Housing Institute. Planner Atkinson reviewed the request with Council and indicated the applicant had been at the meeting but had left during the closed session. Planner Atkinson indicated the proposed development meets all code requirements with the exception of the parking which he has requested a variance from. Planner Atkinson indicated that the City Forester has recommended either moving back or eliminating the plantings surrounding the parking lot to accommodate snow plowing. MOTION/SECOND: Marty/Sonterre. To Waive the Reading, and Approve Resolution 5736, a Resolution Approving a Development Review for a Twenty-Unit Multi-Family Residential Facility at 2670 County Road I, Requested by the National Handicap Housing Institute. Mounds View City Council April 22, 2002 Regular Meeting Page 14 Council Member Marty commented that this usage seems to fit the property better than the development that came to the City a few years ago. Planner Atkinson indicated the Planning Commission had requested that the applicant provide proof of parking for an additional 10 spaces and had decided to review the parking in one year to determine whether the additional 10 spaces are needed. Mayor Sonterre asked if this would be subject to park dedication fees. Planner Atkinson indicated it would not be. Council Member Stigney said he did not feel comfortable with the garage variance because the facility may be used for another purpose in the future and the parking may not be adequate for a different use. Planner Atkinson indicated that the funding source requires that the building be operated as a facility for housing of mobility impaired individuals for a minimum of 40 years. He then said that the funding source also considers garages an unnecessary amenity and will not fund them. Council Member Stigney said he did not feel it was necessary for the City to create a variance for the property to assist the developer in achieving financing. Ayes - 4 Nays - 1(Stigney) Motion carried. H. Second Reading and Adoption of Ordinance 699, an Ordinance Amending Section 1006.04 of the Mounds View City Code Pertaining to Certificates of Occupancy. Community Development Director Ericson indicated that this Ordinance would amend Section 1006.04 of the City’s Code to require a Certificate of Occupancy in order to be able to update data and provide emergency contact information for the emergency response people. He then commented that this is a good change and would assist with public safety. MOTION/SECOND: Sonterre/Marty. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 699, an Ordinance Amending Section 1006.04 of the Mounds View City Code Pertaining to Certificates of Occupancy. ROLL CALL: Quick/Marty/Stigney/Thomas/Sonterre. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council April 22, 2002 Regular Meeting Page 15 I. Redistricting Assistant City Administrator Reed indicated that the City needs to re-establish its precinct boundaries by April 30, 2002. She then reviewed the general information she had provided in her Staff report. Mayor Sonterre indicated that Exhibit A would require the City to have two polling places. Council Member Thomas handed out information on population counts and indicated that Exhibit D corresponds with the information available on the Internet. Council Member Thomas noted that options one and three have a disparity of population. She then indicated that option four is straight information available from the internet and it may be nice to go with what you can get information on. Mayor Sonterre reviewed the numbers he had received from Ramsey County and suggested Exhibit C resolves the population disparity by using Edgewood Drive instead of Long Lake Road. Commissioner Bennett addressed Council and indicated that Option C would be his preference and asked for Council approval of that option. Council Member Thomas indicated Council would need to act on one of the redistricting options or call a special meeting. Council Member Thomas asked how many people would be moved to Commissioner Wiesener. Commissioner Bennett indicated Option C would move roughly 3600 people to Commissioner Wiesener. Mayor Sonterre commented that by approving Option C as requested the City would have two County Commissioners working for it rather than one. Mr. Thomas recommended Council approve Option B which would use the metes and bounds method of defining the precincts which is easy to understand. He also commented that the Secretary of State would prefer the metes and bounds option. Council Member Marty asked if Exhibit B as recommended by Mr. Thomas would work for Commissioner Bennett. Commissioner Bennett indicated Commissioner Wiesener is at 70,000 and needs to go to 73,000 so Option B would put her under the requirement. Mounds View City Council April 22, 2002 Regular Meeting Page 16 Council Member Stigney indicated Item B is the cleanest and he understands how it would be easy to determine what precinct you live in but said, however, he is uncomfortable with the political posturing and he thinks the City should stay as one precinct. MOTION/SECOND: Sonterre/Quick. To Approve the Redistricting with Option C. Ayes - 2 Nays - 3 (Marty/Stigney/Thomas) Motion failed. MOTION/SECOND: Thomas. To Approve the Redistricting with Option D. The Motion failed for lack of a second. MOTION/SECOND: Stigney/Marty. To Remain with One Precinct. Ayes - 2 Nays - 3 (Thomas/Sonterre/Quick) Motion failed. Council Member Thomas commented she would prefer Option D but could be persuaded to approve Option C if that is the majority opinion of Council. MOTION/SECOND: Thomas/Quick. To Reconsider the Motion of Mayor Sonterre to Approve the Re-Districting with Option C. Ayes - 3 Nays - 2 (Marty/Stigney) Motion carried. Vote on Option C: Ayes - 3 Nays - 2 (Marty/Stigney) Motion carried. J. Resolution 5756 Establishing Interim Wages for Golf Course Seasonal Workers. Assistant City Administrator Reed indicated the City Attorney had reviewed and revised Resolution 5756. She then explained the reason for the request is because many of the seasonal golf course workers have asked to work part time not full time and there is a need for more people to cover all the hours with part time staff. Assistant City Administrator Reed indicated the Resolution had been changed to reflect that the seasonal golf course employees would be working under the same wages as last year until the contract is resolved. The wage ranges from $6.50 to $13.00 per hour. City Attorney Riggs indicated the intent of the changes to the Resolution is to be consistent with the judge’s order issued today. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5756, a Resolution Establishing Interim Wages for Golf Course Seasonal Workers. Mounds View City Council April 22, 2002 Regular Meeting Page 17 Council Member Stigney commented he had seen the advertisements for the City of Shoreview Public Works positions. He then read the duties and indicated the hourly wage was up to $9.00 per hour. He further commented that Mounds View has always been a leader in pay but is not a leader in money collected from taxpayers. Mayor Sonterre indicated he had worked in Roseville and there was one rate for the public works seasonal positions. Assistant City Administrator Reed indicated the wages would be higher for those with experience working at the course in previous years. She then explained that the golf course is different than public works in that there are positions of varying skill levels warranting the variation in pay. Ayes – 5 Nays – 0 Motion carried. K. Resolution 5757 Approving an Independent Contract for Golf Lessons. Assistant City Administrator Reed explained that this item would approve an independent contract for golf lessons and rather than the 70/30 arrangement, the contractor would invoice the City and be paid for services rendered. Assistant City Administrator Reed indicated the new golf course manager has recommended approval of this contract for the season beginning April 23, 2002 and ending November 3, 2002. Mayor Sonterre questioned whether a Resolution was necessary in this instance. City Attorney Riggs indicated the Charter requires a written Resolution and he and Ms. Reed drafted a Resolution for approval. Assistant Administrator Reed read Resolution 5759 for Council, a Resolution Approving an Independent Contract for Golf Lessons. MOTION/SECOND: Quick/Thomas. To Approve Resolution 5759, a Resolution Approving an Independent Contract for Golf Lessons. Ayes – 5 Nays – 0 Motion carried. 9. REPORTS Assistant Administrator Reed requested permission to fill the open public works position. Consent was given by Council to fill the position. Community Development Director Ericson indicated there would be a community public meeting to review the County Highway 10 Redevelopment proposal on Wednesday, April 24, 2002 at 6:30 p.m. and invited all interested residents to attend. Mounds View City Council April 22, 2002 Regular Meeting Page 18 Mayor Sonterre indicated the previous meetings had been under attended and asked residents to attend. Council Member Marty indicated he was not notified of the special City Council meeting on Monday, May 15, 2002. He indicated he had been out of town and when he got home Saturday night he checked his voice mail at home and at City Hall and there were no messages and he did not receive a letter at home. He further indicated he had gotten a letter in his box at City Hall and asked if not notifying him is a violation of the open meeting law. City Administrator Miller indicated the special meeting had been discussed in closed session and there was consent of Council to schedule the meeting. She then indicated she had agendas mailed to Council as a reminder. Council Member Marty indicated the Mermaid had its grand opening for the AmericInn and then asked whether the meeting was posted because there were three Council Members that attended. City Administrator Miller indicated that the meeting was not posted because the law does not require that casual meetings be posted. Council Member Stigney indicated he had attended the grand opening of the Mermaid. Council Member Marty asked Finance Director Hansen if the check for the fitness equipment had cleared. Finance Director Hansen indicated he was not aware of it coming back from the bank and said he assumes it is a good check. Council Member Quick asked whether the City had received any money from Council Member Marty on the bills he owes the City. Finance Director Hansen said no. City Attorney Riggs indicated there was a labor negotiation item that needs to be discussed after the close of the meeting. Mayor Sonterre indicated there have been an increasing number of security related issues and suggested it was time to consider a keycard system to enable the City to better track who has access to what areas. He then asked Council to consider a motion to investigate the costs to conduct a complete security survey of City Hall and the physical plant. MOTION/SECOND: Quick/Marty. To Direct Staff to Investigate the Costs to Conduct a Complete Security Survey of City Hall and the Physical Plant. Mounds View City Council April 22, 2002 Regular Meeting Page 19 Council Member Stigney indicated he was concerned with the costs of a security survey. He then said this may be an overreaction as he feels once the contract has been settled things will settle down. Council Member Marty said he feels a security evaluation would be appropriate and noted this is not an authorization for implementing a security plan but for an investigation into the costs to do so. Council Member Thomas pointed out there would be a cost to conduct a security detail evaluation. Council Member Marty suggested asking the police department for their recommendation on security. Council Member Thomas indicated the police department would not have the expertise to evaluate the security of the telephone system nor should they be expected to. Ayes – 4 Nays – 1 (Stigney) Motion carried. 10. APPROVAL OF MINUTES A. Minutes for April 8, 2002 Will Be Presented at the May 13, 2002 Council Meeting. 11. CLOSED SESSION A. To Discuss Labor Negotiations MOTION/SECOND: Thomas/Stigney. To Recess to Closed Session to Discuss Labor Negotiations and to Adjourn from the Closed Session. Ayes – 5 Nays – 0 Motion carried. Council recessed to closed session at 11:31 p.m. to discuss labor negotiations. 12. Next Council Work Session: Monday, May 6, 2002 Next Council Meeting: Monday, May 13, 2002 Mounds View City Council April 22, 2002 Regular Meeting Page 20 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at _____ p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.