HomeMy WebLinkAboutAgenda Packets - 2002/05/28CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
TUESDAY, May 28, 2002
7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas
3. APPROVAL OF AGENDA
4. PUBLIC INPUT:
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 5774 Authorizing Expenditure of Funds for the Construction of a Trail
Extension within the County Road 10 Corridor – Ericson
D. Resolution 5779 Authorizing Proclamation of Leadership & Innovation for
Western Bank of Mounds View – Backman
E. Resolution 5780 Authorizing Proclamation of Business Longevity for WIN
Insurance Agency – Backman
7. COUNCIL BUSINESS
7:05 PM A. Public Hearing to Consider an Off-sale Intoxicating Liquor License for
Keng Young for ABC Liquor at 2840 Highway 10 NE (table to June
10, 2002)
7:05 PM B. Public Hearing to Consider an On-sale Intoxicating Liquor License for
Robert’s (Table to June 24, 2002)
7:10 PM C. Public Hearing to Consider a Preliminary Plat Reapproval for the
Mermaid Addition Major Subdivision–Ericson (Table to June 10, 2002)
7:15 PM D. Public Hearing to Consider a Preliminary Plat Request from Cedar
Management to Combine Properties Located at 7180 and 7190 Silver
Lake Road – Ericson
E. Resolution 5777 Adopting a Salary Schedule for the Assistant
Clubhouse Manager Position-Reed
City Council Agenda
May 28, 2002
M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\05-28-02\Agenda.doc
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F. Resolution 5776 Hiring a Temporary Employee to Fill the Cable TV
Technician Position – Hansen
G. Resolution 5778 Approving an Independent Contract for Golf
Lessons-Longville
8. SPECIAL ORDER OF BUSINESS
A. Resolution 5773 Accepting a Donation from the Lions Club - Hansen
9. REPORTS
10. APPROVAL OF MINUTES
A. April 22, 2002 City Council Minutes
B. May 13, 2002 City Council 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: June 10, 2002
13. ADJOURNMENT
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 an 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 Chism 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. Chism indicated that the City owes him $1,584.70 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. Chism 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 Huston, Assistant Clubhouse Manager and golf pro indicated the golf course staff was not
told about the change in the way golf lesson would be 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 collective 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. Huston indicated he has had a difficult time dealing with the Administration because nothing
is ever communicated to the employees, and things 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 jobs back.
Mounds View City Council April 22, 2002
Regular Meeting Page 3
Mr. Huston 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. Huston 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 Kardell 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 Fredberg 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 voting against the request of the City’s employees will make the problem
worse.
Mr. Fredberg 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. Fredberg 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.
Ed Benson 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. Benson 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 not
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 vacant 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.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
May 13, 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 (absent).
3. APPROVAL OF AGENDA
A. Monday, May 13, 2002 City Council Agenda.
MOTION/SECOND: Marty/Stigney. To Approve the May 13, 2002, City Council Agenda as
presented.
Ayes - 4 Nays – 0 Motion carried.
4. PUBLIC INPUT
Mayor Sonterre asked that anyone wishing to speak before council avoid any personal attacks.
Jerry Linke of 2319 Knoll Drive indicated he had requested the legal bills at the work session and
has not received them. He then asked how long it would be before they would be available.
City Administrator Miller indicated she had received the information this evening from the City
Attorney and invited Mr. Linke to call her to make an appointment to view the information.
Margaret Mayer of 2654 Louisa Avenue addressed Council and expanded on her proposal to
gather a group of citizens and form a board to hear complaints to give people a way to air
complaints without fear of retribution. She then said she would like this board to be empowered
to end the highly charged atmosphere by determining the facts and seeking resolution as well as
deal with issues in the future by investigating complaints with the intent of putting things to rest
before they get this bad again.
Ms. Mayer said the citizens bear the costs of all of this turmoil and it is her belief that the City
Administrator should say what the figures are at the meeting out loud. She said that once the
employees are back to work she would like to have the group empowered to hear issues and
Mounds View City Council May 13, 2002
Regular Meeting Page 2
suggested that either Don Hodges or someone of equal caliber be selected to choose the panel.
She then indicated that she and the City Administrator were going to meet to discuss her e-mail.
Steven Berg of 2614 Louisa Avenue indicated he had read in the paper that the Supreme Court
recently ruled that a city council cannot go to closed session to discuss threatened or potential
litigation.
City Attorney Riggs indicated there is a lawsuit that exists and noted AFSCME has sued the City
and the City has counter-sued.
Mr. Berg commented he had heard that the Mayor had crossed the picket line to drive the
beverage cart at the golf course.
Mayor Sonterre indicated he had driven the cart from hole to hole at the golf course to converse
with golfers in an attempt to calm some of the ill feelings caused by the strike.
Mr. Berg asked how much the City has spent in attorney’s fees on the strike.
Mayor Sonterre indicated that Mr. Linke had requested that information and said it would be
available for any citizen interested in viewing it.
Gretchen Walbridge of 8072 Long Lake Road addressed Council and asked why Council feels it
needs to go to closed session during the Council meetings. She then said she thinks it is rude to
keep residents and those having business before Council waiting and suggested that Council
either have the closed session before or after the Council meeting or on another day.
Mayor Sonterre indicated that Council would attempt to do so but noted there are times when
legal counsel needs to advise the Council on a matter that is to be discussed during the meeting.
Council Member Marty questioned whether the five minute meeting held in closed session after
the end of the last Council meeting had anything to do with a lawsuit and asked why it was heard
in closed session.
City Attorney Riggs explained the session was closed for labor negotiation discussions and was
done so by motion.
Bruce Broeffel of 47 West Golden Lake Road indicated he had spoken to the Veteran’s Affairs
Office and that office informed him that the City should have a 100 point system for hiring. He
then asked if the City has one.
Assistant City Administrator Reed indicated she had spoken to the League of Minnesota Cities
and was given information that the veteran’s preference points is supposed to give veterans a
slight edge when it comes to receiving an interview. She then indicated all veterans were
interviewed and said that the League has said that the 100 point system would be ideal but,
because the positions are seasonal, there is no need to use it as all candidates were interviewed.
Mounds View City Council May 13, 2002
Regular Meeting Page 3
Mr. Broeffel commented that the City had faithful employees at the golf course with from 3 to 7
years experience and asked why no preference was given to those applicants during the rehiring
process.
Assistant City Administrator Reed indicated all applicants were interviewed and asked about
their availability to begin work. Some of those employees were available immediately and some
were available at an undetermined date in the future and that was a factor in the hiring criteria.
Mr. Broeffel commented that he and most of the grounds crew were available the day after the
interview but were not offered jobs. He then asked if the City realizes that it has alienated its
former employees and about 95% of the union people that golf at the golf course. He further
commented that the strike is costing the City a lot more in attorney’s fees than what it would cost
to settle the strike.
Mr. Broeffel said he thinks the City owes to the citizens of Mounds View to stop the strike.
John Uline of 10953 Xylite Court, Blaine asked whether Ms. Reed and Mr. Longville felt that
Mr. Mathis would have been qualified to interview last year’s applicants before this all started.
Mayor Sonterre indicated Council, at a work session, had discussed the hiring process and it was
the majority opinion of Council that the new golf course manager should do the interviewing and
hiring at the course and that was decided prior to Mr. Longville being hired.
Mr. Uline commented that it obviously made no difference to Council whether the employees
were ready to go when the course was ready to go. He then said he has to assume that the City
kept the qualifications of the applicants from Ken Mathis.
Mayor Sonterre indicated the hiring process was slowed because of the legal actions concerning
the union.
Mr. Uline asked if he was not hired because he joined AFSCME.
Mayor Sonterre said absolutely not.
Council Member Marty commented that he thought Mr. Longville started work in mid-
April.
Mr. Longville indicated he started on April 11, 2002.
Council Member Marty indicated Council passed a Resolution to approve hiring two employees
for the golf course in March.
Mounds View City Council May 13, 2002
Regular Meeting Page 4
Assistant City Administrator Reed explained that the City was in negotiations with Mr. Longville
and found that he wanted to be part of the hiring process and the City felt that was a courtesy it
wished to extend to Mr. Longville as the new golf course manager.
Council Member Marty commented that the Resolution was passed at the first meeting in March
to hire two seasonal employees.
Nyle Rolfer of 7945 Long Lake Road addressed Council and indicated he had been receiving
conflicting information concerning the City not wishing to rehire some retired men to work at the
golf course.
Mayor Sonterre encouraged Mr. Rolfer to call either him, another Council Member, or the City
Administrator to obtain all the facts surrounding the situation.
Mayor Sonterre clarified that the hiring process was slowed due to legal action and the hiring of a
new manager.
Mr. Rolfer indicated he has been golfing in the Silver Fox League for years and the golfers have
always been happy with the employees up at the course.
Jerry Serfling of 300 South Hartman Road, South St. Paul, AFSCME representative, addressed
Council and asked them to have consideration for its older employees, for those that were not
called back and for Marge Norquist’s health insurance.
Mr. Serfling indicated the union feels that the 100 point system is required to be a part of the
selection process for hiring not just to obtain an interview. He then said that the hiring of the
golf course employees is not part of the lawsuit.
Jeremiah Anderson of 9025 Jefferson Street, Blaine addressed Council and said he has hope this
matter can be resolved soon. He then commented that there are intelligent people on both sides
of the issue and he is puzzled that this has not been resolved already. Mr. Anderson then said it
takes a special kind of person to work in a public setting and asked Council to end the strike as
quickly as possible.
David Jahnke of 8428 Eastwood Road addressed Council and reminded them that several mayors
have said that the golf course would not cost the residents any money and now residents are
paying for it.
Mr. Jahnke then said that he has been a union steward and, in his opinion, nobody wins in a
strike because the City expends money for attorney’s fees and consultant fees and families have
to live on strike pay and employees have to walk picket lines rather than do their job. He then
said he would like the strike resolved as quickly as possible to get the employees back to work.
Mr. Jahnke commented he does not appreciate having to pay for the golf course and said it was
time for something to change up there.
Mounds View City Council May 13, 2002
Regular Meeting Page 5
Council Member Marty commented that there was a lawsuit associated with the golf course and
the City lost the lawsuit against the developer due to knowledge that was possessed by some
individuals in the City which cost the City $300,000.
City Attorney Riggs clarified that the City actually won the lawsuit but it cost more in attorney’s
fees than what the City won.
Council Member Marty indicated that, if the lawsuit had not cost the City $300,000, Springstead
has said that the course actually made more money than it was predicted to make. He further
commented that the course has been making money but cannot catch up because of the initial
$300,000 in attorney’s fees.
City Administrator Miller commented that the numbers referenced by Springstead were given to
them by the former finance director and the former golf course manager and, therefore, are
questionable in validity.
Frank Blaziak of 2361 LaPort Drive said if the course is making money settle the strike and get
everyone back to work because without the workers there would be no profit.
David Jahnke commented that for the first five years the course did not have to make any
payments but, as soon as those payments needed to be made, the taxpayers were asked to pay the
bills which says to him that the course is not making a profit. If it were, residents would not be
footing the bill.
Michelle Sandback of 2356 Sherwood Road said there have been numerous lawsuit related issues
pertaining to the golf course. She then said she would like to have the names of the cities that the
striking employees live in so that she can call and find out how much those residents are paying
for health insurance for the employees of the City they live in to compare it with what the
employees are asking the residents of Mounds View to pay.
City Attorney Riggs indicated that the data practices law does not allow the City to disclose the
homes of employees because that is not subject to public review like positions and job titles. He
then said that she could ask the employees herself if she wished.
Ms. Sandback asked the employees to either tell her how much they pay in their cities for their
employees insurance or tell her which city they live in so she could call and find out.
Mary Tatarek, 11162 Nassau Circle, Blaine commented that the AFSCME employees are simply
asking for the same medical that the other unions within the City get. She then said they are
asking for equality in Mounds View.
Bruce Broeffel indicated it seems the City is under the impression the golf course employees are
asking for more money but all they are asking for is their jobs back.
Mounds View City Council May 13, 2002
Regular Meeting Page 6
Council Member Quick said he would like to know what AFSCME’s proposals have been.
City Administrator Miller indicated that most of the issues have been resolved with the only issue
on the table now being health insurance and the offer is greater than what was made to the other
employees so she is not sure where AFSCME sees the difference.
City Administrator Miller indicated that one of the hottest issues has been Medicare
supplemental insurance for one employee and it has been discussed in numerous ways. She then
said the former finance director ignored City policy, IRS rules and regulations and, as the City
found out on Friday, violated Medicare law to provide this supplemental policy to this employee.
She then said that the mediator has found that the City cannot provide supplemental insurance to
this employee because she qualifies for health care under the City’s policy and that is per to
Medicare law.
City Administrator Miller indicated the other hot issue has been the rehiring of seasonal
employees. She then said that, by definition, a seasonal employee has a start date and an end date
and must reapply each year. She then commented that may not have happened in the past but last
year City Staff made sure that each employee got a letter that listed the start date and end date.
Those that reapplied were interviewed and offered positions based on availability.
Edwin Benson of 5108 Long Lake Road indicted he was never offered a job.
Mayor Sonterre indicated the latest version of the City’s press release was on the table on the
way out of the room and invited those interested to pick up a copy.
5. UNFINISHED
None.
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
7:05 p.m.
E. Resolution No. 571 Approving the Purchase of a Replacement Bobcat Skidsteer
Loader
F. Set a Public Hearing for 7:10 p.m., 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 p.m., Tuesday, May 28, 2002, to Consider a
Preliminary Plat Request from Cedar Management to Combine Properties Located
at 7180 and 7190 Silver Lake Road
Mounds View City Council May 13, 2002
Regular Meeting Page 7
H. Resolution 5769 Approving the Agreement for Festival in the Park
Community Development Director Ericson asked that Item G be removed for discussion and
noted that a representative from Cedar Management was in attendance to discuss the matter with
Council.
Council Member Marty requested that Items 6A, E, G, and H be removed for discussion.
MOTION/SECOND: To Approve Consent Agenda Items 6B, C, D, and F as presented.
Ayes – 4 Nays – 0 Motion carried.
MOTION/SECOND: Quick/Sonterre. To Approve Consent Agenda Item A as Presented.
Council Member Marty pointed out the check for moving expenses for the golf course manager
in the amount of $4,000.
Council Member Marty commented that the hotel expense for Deputy Chief Brennan in the
amount of $224.20 was very affordable in light of some of the past hotel bills the City has
received.
Council Member Marty pointed out a check for general legal services on the AFSCME matter for
$384.00 and for $4,588.14.
Council Member Marty indicated Check Number 108167 to Labor Relations Associates for
AFSCME consultant fees was in the amount of $2,985.00.
Council Member Marty asked what the repair fee to Short Elliot and Hendriksen was for.
Public Works Director Lee indicated the fee was for well number 5.
Council Member Stigney asked whether the St. Paul Pioneer Press subscription includes a
Sunday paper and how many daily papers it includes.
Finance Director Hansen indicated he would look into the matter and provide an answer.
Council Member Stigney said he would question why it would be necessary to include weekend
delivery if the City is getting a Sunday paper.
Council Member Stigney commented that he does not understand why the City continues to pay
two different exterminators and said he feels the City should stop paying them if they are not
eliminating the problem.
Public Works Director Lee indicated he was not certain why there are two exterminators but said
he would look into the matter when the contracts come up for renewal.
Mounds View City Council May 13, 2002
Regular Meeting Page 8
Council Member Quick said there is no way to kill all the pests because it is an ongoing battle to
stay ahead of them.
Mr. Longville indicated it is not possible to get rid of all the pests in a specific species and noted
it is a common practice to treat once a month as a preventative control.
Council Member Stigney asked what the charge for the speaker on Page 9 was for.
Finance Director Hansen indicated he would need to pull the invoice to obtain further
information.
Ayes – 4 Nays – 0 Motion carried.
MOTION/SECOND: Quick/Stigney. To Approve Consent Agenda Item E as Presented.
Council Member Marty commended Staff for finding a replacement bobcat for less than the
budgeted amount.
Ayes – 4 Nays – 0 Motion carried.
MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Item G as Presented.
Community Development Director Ericson explained to Council that the applicant has expressed
the desire to seek a waiver of the park dedication fee associated with this matter that is defined by
Code as a subdivision even though it joins two lots.
Steve Anderson of 1713 Maple Lane, Roseville addressed Council and explained his company, in
the process of seeking financing for the business, learned that the use is a nonconforming use and
his lender has asked that the property be brought into conformity. He then indicated the company
has since learned that, as a part of that process, a park dedication fee of $14,000 would be due
and they are seeking a waiver of that fee because approval of the request carries with it a
limitation on future development.
Mayor Sonterre asked Director Ericson to explain the limitation of development.
Director Ericson explained that the Planning Commission had recommended approval with the
condition that there would be no expansion of the facility. He also explained that the Planning
Commission has recommended leaving the zoning of the second parcel as R-1 and requiring
some type of easement to ensure that nothing is able to be constructed in the future. He then
explained the applicant has not indicated approval of the conditions and said Staff has discussed
a second scenario whereby one lot would become 125,000 square feet and the second lot would
be left as an unbuildable outlot.
Council Member Quick said he feels the City needs to require a fee.
Mounds View City Council May 13, 2002
Regular Meeting Page 9
Council Member Marty said it is worth asking the question but Council’s position has always
been to require the fee.
It was the consent of Council that a fee would be required.
Ayes – 4 Nays – 0 Motion carried.
MOTION/SECOND: Stigney/Sonterre. To Approve Consent Agenda Item H as Presented.
Council Member Marty commented that he did not think the festival committee had been
informed that this was to be on the agenda.
Sherri Gund of 8120 Red Oak Court indicated she was not informed that this was on the agenda
at this meeting and noted she had received information tonight that informed her that the
corporation is not of valid standing as a corporation.
City Attorney Riggs said he wanted to make sure she was aware of that.
Ms. Gund indicated that due to numerous delays by the City she was forced to set up the golf
tournament at the course in New Brighton and there is not time to change it now.
Mayor Sonterre asked Ms. Gund if she would like Council to table this matter until later in the
meeting to allow time to review the contract.
Ms. Gund indicated she needed time to review the matter and said she does not think it is fair
that she, as President of the festival, was not notified that this would be on the agenda for
discussion.
City Attorney Riggs apologized for the delay and said that he was out of the office for three days
and his secretary did not get out the revisions. He then said he could send a blacklined copy to
Ms. Gund in the morning by e-mail that outlines the changes.
Ms. Gund said she is not comfortable having to make a decision on her own without reviewing it
with the board and said she would like to have the matter tabled to the next meeting.
City Administrator Miller indicated there may not be enough time to discuss the golf tournament
if the matter is tabled to May 28, 2002.
Ms. Gund asked if signing the agreement would mean the festival would need to move the golf
tournament.
City Attorney Riggs indicated it would.
Mounds View City Council May 13, 2002
Regular Meeting Page 10
Ms. Gund indicated she cannot move the tournament because contracts have been signed and the
tournament is all ready to go. She then said that if the contract is tied to the City’s donation the
festival politely declines to accept the donation and will handle the matter itself.
Council Member Quick indicated the festival is not independent of the City and the festival does
not have the right to proceed without a contract with the City.
City Attorney Riggs indicated the League of Minnesota Cities as well as the City’s insurance
carrier has recommended a contract be in place to limit the City’s liability and set out the duties
of each party.
Ms. Gund commented she was under the impression that the contract was required last year
because of the monetary contribution from the City.
City Administrator Miller indicated the donation was a component of that but the insurance
company would like a contract as well.
City Attorney Riggs explained that, based on the recommendation of the League and the
insurance carrier, because there is interaction with Mounds View Festival, Inc., and the City that
does not happen with other permitted uses, a contract should be required.
Mayor Sonterre asked whether the two items, hosting and the contract to adhere to particular
standards, could be dealt with separately.
City Attorney Riggs indicated that because of what Mounds View Festival, Inc., does the only
way to ensure that the City can be named as a beneficiary on the insurance policy is to have a
signed contract between the parties.
Council Member Marty commented that this festival is the only fun thing that the City does for
its residents and it seems as if Council is trying to kill the festival. He then said that the festival
committee puts on the festival and it is not run by City Staff but by volunteers and the festival
pays for any City services it uses.
Council Member Stigney asked if it would be appropriate to remove the golf tournament
component from the contract and handle it separately.
Ms. Gund indicated that she had spoken to City Attorney Riggs at the work session and was told
that the golf tournament portion could be removed if handled by a separate entity.
City Attorney Riggs asked if the golf tournament is handled by the same entity.
Ms. Gund indicted it is the same entity but said there is a separate checkbook.
Council Member Stigney asked whether City Attorney Riggs felt it would be appropriate to
remove the golf tournament from the contract since it is too late to relocate it at this point.
Mounds View City Council May 13, 2002
Regular Meeting Page 11
City Attorney Riggs indicated it could be removed and the City could create a separate contract
with Brightwood Hills for the golf tournament.
City Attorney Riggs indicated that, unless the tournament is put on by a separate entity there
would still be the insurance issues.
City Administrator Miller asked why it is too late to switch the tournament to the Bridges.
Wendy Marty of 2626 Louisa Avenue indicated she had contacted City Administrator Miller on
January 10, 2002 regarding having the tournament placed on the work session agenda and was
told no. She tried again later in January and was told no only to have the matter put on an agenda
in February that she was not invited to.
Ms. Marty indicated she has beverages set up for 200 golfers as well as three gifts for each golfer
and then asked whether Mr. Longville felt this large of a tournament could be pulled together by
June 15, 2002 if she started now.
Mr. Longville indicated it would be easier to do a better job with more time.
Ms. Marty indicated that the press releases have been sent to the newspapers as well as all the
advertising prepared making it impossible to move the tournament at this late date.
Council Member Quick commented that the City finds itself in another situation where an entity
with no contract with the City has gone off and made plans without the knowledge or consent of
the City and now wants to hold the City hostage for plans made. He then said he does not want
to kill the festival but he does not find it appropriate that individuals go off on their own agenda
without approval from the City.
Pete Severson of 5172 Long View Drive indicated the festival committee spends months
planning the festival and should have had a contract from the City in January. He then said the
festival feels as if it is a hostage of the City because the City dragged its feet on getting a contract
to them and, if the festival committee had waited, there would not have been enough time to plan
the festival.
Ms. Gund asked Council Member Quick why he thinks the golf tournament is a separate entity.
Council Member Quick said he thinks the golf tournament is part of the festival and he feels the
festival should have complied with the contract and turned over the information that Council had
requested concerning expenses and profits.
City Administrator Miller indicated she had received a summary of expenses with no detail.
Ms. Gund indicated that what was given to City Administrator Miller is all that exists because
this is a small town festival not a high buck operation.
Mounds View City Council May 13, 2002
Regular Meeting Page 12
Council Member Quick indicated that running this City the small town way has gotten the City
into trouble and he will not stand for any more buddy buddy stuff or anything that is shady or
slight of hand.
Mayor Sonterre agreed that Council Member Quick has asked in the past to see ledger specific
detail.
Ms. Gund indicated she did not receive a request for the checkbook. The request was for
expenses and donations and that is what was given to City Administrator Miller.
City Administrator Miller indicated she had discussed the matter with the City Attorney and it
was determined that the best way to solve the issue was to address it with the contract.
Ms. Gund said she feels as if Council thinks that she is trying to hide something and that is not
the case. She then said the festival receives donations from the Lions, from the Chamber and
from local businesses.
Jerry Linke of 2319 Knoll Drive commented that forcing this entity by contract to do all of its
fundraising in the City does not make sense because they are a separate corporation from the
City. He then said he does not see a City liability issue and wonders how or why the City can
demand that the festival have the golf tournament in Mounds View when it has nothing to do
with the festival other than being a fundraiser for it.
Mayor Sonterre commented that this is a City of Mounds View festival.
Mr. Linke commented that the City of Mounds View has nothing to do with the festival and has
washed its hands of it other than this contract.
Council Member Marty indicated the festival split off to become a private entity in order to be
able to raise funds for the festival to keep the taxpayers from paying for it. He then commented
that he is concerned that the City insisting on having control of the festival could jeopardize the
nonprofit status of the corporation.
City Attorney Riggs indicated it is not a problem for the City to be joint owners in work
products.
Council Member Stigney commented it is too late to move the golf tournament this year and
suggested removing the language concerning the golf tournament from the contract on the
bottom of the first page, top of the second page and Exhibit C.
MOTION/SECOND: Stigney/Marty. To Remove the Language Concerning the Golf
Tournament on Page 1, 2, and Exhibit C from the Contract for This Year’s Festival.
Mounds View City Council May 13, 2002
Regular Meeting Page 13
Council Member Quick asked whether there was anything that would preclude this same thing
from happening next year. He then said that last year Council made it clear that it wanted
complete financial accountability on the festival a number of times and that has not happened as
well as a request for the checkbook made.
Ms. Marty said no one ever asked for the checkbook.
City Attorney Riggs indicated that the financial reporting would still be required but there is no
language in the document to require that the golf tournament return to Mounds View.
Ms. Gund indicated there has been no stonewalling and said the festival has not purposely kept
information from Council.
Council Member Quick indicated he has asked five times for the checkbook.
Ms. Gund indicated she gave City Administrator Miller what she asked for.
Council Member Quick indicated he had asked Council Member Marty who is on the Festival
Committee and Council Member Marty came up with figures out of his head which is when he
asked him to provide solid figures.
Ms. Gund asked whether Council Member Quick would like information on the golf tournament
or both.
Council Member Quick indicated the agreement says both but the question concerned the golf
tournament. He then commented that Council assumed that the profits raised were rolled back
into the festival and were not aware that those funds were earmarked for other purposes.
Mayor Sonterre indicated the contract will require the detailed level of information Council is
seeking. He then said the specific request was not given to the Festival Committee.
Council Member Quick commented that last year Council had asked for complete accountability
and that has not happened which is why he is concerned.
Council Member Marty commented that, as far as he is aware, the only Council Member that
ever asked for the checkbook is Council Member Quick.
Mayor Sonterre indicated that Council Member Quick had brought up the issue but it was
Council directive to obtain that information.
Ms. Gund indicated separate checkbooks was her idea to make things easier to keep track of and
now she is sorry she ever did it and noted the golf tournament is still part of the festival.
Council Member Quick indicted he did not care how many checkbooks there are he would like
complete accountability to keep things out in the open.
Mounds View City Council May 13, 2002
Regular Meeting Page 14
Ms. Gund indicated that requests should come to her as President of the Festival Committee.
Council Member Quick indicated Council Member Marty is a member of the Committee.
Mayor Sonterre indicated the new contract would satisfy the accountability aspect in the future.
Council Member Marty asked whether Council Member Quick receives the Mounds View
Matters.
Council Member Quick commented that the Mounds View Matters does not come from the
Festival Committee.
Council Member Marty indicated that in the last issue of Mounds View Matters under Y Partners
Contributors the Festival in the Park Committee was listed for its contribution.
Ms. Gund indicated it was originally started as a fundraiser to set up golf lessons for kids in the
community that cannot afford them which the Festival Committee felt it could do because it was
a separate entity from the City.
Council Member Quick asked if the City knew money was being sent to the YMCA.
City Attorney Riggs indicated the City was not aware of that.
Mayor Sonterre asked if there were terms that said profits had to be rolled into the festival.
City Attorney Riggs indicated that was not covered.
Council Member Quick indicated that was never brought out.
Ms. Gund indicated it is not a shady thing.
Mayor Sonterre indicated the motion by Council Member Stigney would allow the organization
to have the golf tournament in New Brighton for 2002.
City Attorney Riggs asked for latitude with the motion to be allowed to work with the Festival
Committee to make sure the proper entities are formed and the insurance issues are handled
appropriately.
The Motioner and Seconder agreed to the friendly amendment.
Ayes – 4 Nays – 0 Motion carried.
Ms. Gund asked for clarification as to whether the Festival needs this contract if it does not take
the City’s contribution.
Mounds View City Council May 13, 2002
Regular Meeting Page 15
City Attorney Riggs indicated that it is his recommendation that the contract is required to deal
with insurance issues regardless of whether the donation is accepted.
Council Member Marty indicated he was concerned that there were no figures for Staff time in
the exhibit.
City Administrator Miller indicated that item was added because she had learned that Mr. Toth
was involved in the Festival last year and she is not opposed to deleting it from the contract.
MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 5769, a
Resolution Approving the Agreement for Festival in the Park as amended.
Ayes – 4 Nays – 0 Motion carried.
Mayor Sonterre indicated that Item 6I, Resolution 5770, a Resolution Proclaiming May 14, 2002
as Arbor Day should have been added to the Consent Agenda.
MOTION/SECOND: Stigney/Marty. To Approve Resolution 5770, a Resolution Proclaiming
May 14, 2002 as Arbor Day.
Council Member Stigney requested that the Resolution be read.
Mayor Sonterre read Resolution 5770.
Ayes – 4 Nays – 0 Motion carried.
7. COUNCIL BUSINESS
A. Public Hearing to Consider a Liquor License Transfer for Robert’s.
This item will be heard at the May 28, 2002 meeting.
B. Public Hearing to Consider Resolution 5760 Certifying Special Assessment of
the Service Availability Charge to Gas ‘N Splash.
Mayor Sonterre opened the public hearing at 9:09 p.m.
Finance Director Hansen explained the issue surrounding the Service Availability Charge and
noted that Staff is recommending a five year payment arrangement with a 7% interest rate with
the security of knowing the amount due is certified to the taxes and will ensure the City is paid.
David Jahnke of 8428 Eastwood Road asked how soon the assessment could be certified to the
taxes because there is talk the station will be sold and he wants to make sure the City is paid.
Mounds View City Council May 13, 2002
Regular Meeting Page 16
Mayor Sonterre explained that the reason so much time has passed is the Metropolitan Council
was asking the City to pay and the City was asking Gas ‘N Splash to pay and the City only
recently paid the amounts to the Metropolitan Council and began attempting to collect from Gas
‘N Splash.
Mr. Jahnke commented that somebody should have known the City would have to pay the
Metropolitan Council.
Finance Director Hansen indicated he had spoken to the loan official working on the sale of the
property and informed them of the pending special assessment so he feels there is a good chance
the City will collect at closing.
Community Development Director Ericson indicated that once the amount is certified to the
taxes the guarantee is 100% that the City will be paid.
Mayor Sonterre asked how long it would take to have the assessment show up on the property
records at Ramsey County.
Finance Director Hansen indicated the property owner has 30 days to pay the amount after the
amount is certified and Ramsey County will not file it until after the expiration of that 30 days.
Mayor Sonterre closed the public hearing at 9:18 p.m.
MOTION/SECOND: Stigney/Quick. To Waive the Reading and Approve Resolution 5760, a
Resolution Certifying Special Assessment of the Service Availability Charge to Gas ‘N Splash.
Ayes – 4 Nays – 0 Motion carried.
C. Resolution No. 5762, a Resolution Approving Plans and Specifications and
Authorization to Advertise for Bids for the County Road H2 Street Project.
Public Works Director Lee gave a brief overview of the H2 project and listed for Council the
minor changes made since the original plan. He also noted that Council can change the project at
any time during construction by use of a change order. Bids will be accepted in June with
construction to begin in mid-July. He then noted that a neighborhood meeting would be
scheduled prior to the start of construction.
Council Member Marty suggested changing deputy clerk to City Administrator in the Resolution
and then asked if it would be possible to put the utilities underground as part of the project.
Public Works Director Lee indicted he could approach Xcel concerning putting the utilities
underground but said they have not been inclined to do so in the past due to costs and related
maintenance issues.
Council Member Stigney asked whether there were any other issues with the project.
Mounds View City Council May 13, 2002
Regular Meeting Page 17
Public Works Director Lee indicated everything has been covered.
Council Member Quick asked if anyone had discussed a parking lane by the theatre as well as
doing something with the strip that is all brush.
Public Works Director Lee indicated that he looked into the matter and there is 300 feet for
parking that would equate to 12 to 15 parallel parking stalls.
Council Member Quick asked whether the landowner had been contacted.
Public Works Director Lee agreed to do that.
Mayor Sonterre suggested asking the theatre to pick up the costs for landscaping and adding
parking.
Public Works Director Lee indicated the estimate for the project would be $9,000.
Council Member Marty indicated a Resolution was passed for no parking and said he would like
residents notified if Council is going to be adding parking. He also commented that removing
the landscaping to add the parking does not leave much for screening homes from the theatre.
Council Member Marty indicated that what was initially approved was for 50 to 75 feet of trees
and bushes to remain untouched and there were trees that were cut that should not have been.
Council Member Quick pointed out that most of the trees taken out were trees afflicted with oak
wilt.
Public Works Director Lee indicated that the addition of parking would need to be reviewed by
the state.
Council Member Stigney commented that by adding parking and a trail it opens up the space
more and there is less room for a buffer. He also commented that the theatre is to provide its
own parking not the City.
MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 5762, a
Resolution Approving the Plans and Specifications and Authorization to Advertise for Bids for
the County Road H2 Street Project.
Ayes – 4 Nays – 0 Motion carried.
Mounds View City Council May 13, 2002
Regular Meeting Page 18
D. Resolution 5763, a Resolution to Consider Approval of a Development
Review for a Six-Unit Multi-Family Facility at 7746 Silver Lake Road.
Community Development Director Ericson reviewed the proposal for Council and indicated that
Staff and the Planning Commission recommend approval of the project. He then read the
stipulations contained in the Resolution.
Council Member Stigney asked whether the parcel had always been zoned R-3.
Director Ericson indicated that 20 years ago a minor subdivision and rezoning were approved for
this parcel.
Council Member Stigney asked whether Council would have any justification to deny the
development review request.
Director Ericson indicated Council could deny approval if the proposed development did not
meet the Code requirements or would be out of place on the property. He then indicated that, in
this case, all code requirements have been met with the proposal.
Council Member Stigney commented that this could become Section 8 housing and he does not
support it because the City has enough rental housing.
Director Ericson pointed out that the piece of property to the south had been requested to be
rezoned and the Planning Commission denied that request in an effort to limit rental housing in
the City. He also noted the applicant does not intend this property to be a low rent property.
Council Member Marty indicated the City has a history with this property owner and has had no
problems with him. He further noted that the applicant has complied with every request of Staff
in an effort to form a good relationship with the City.
Council Member Quick asked by what means or by what authority the Council would have to
rezone any R-3 parcels.
Director Ericson indicated that the zoning would need to be consistent with the City’s
Comprehensive Plan.
Council Member Quick commented that, if the City wanted to rezone those R-3 parcels the City
would need to amend its Comprehensive Plan and then rezone those properties. He further noted
that he is not in favor of any more rental housing either but this cannot just be done there is a
process to go through.
MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5763, a
Resolution to Approve a Development Review for a Six-Unit, Multi-Family Facility at 7746
Silver Lake Road.
Mounds View City Council May 13, 2002
Regular Meeting Page 19
Ayes – 4 Nays – 0 Motion carried.
E. Resolution 5764, a 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.
Fire Chief Zikmund briefly explained that this Resolution is a reaction to the recent law
legalizing the use of 1.4G fireworks. He then asked Council to support it and noted Spring Lake
Park and Blaine have done so.
Mayor Sonterre complimented Fire Chief Zikmund on providing a thorough and prompt response
in such a short time period.
Council Member Marty indicated he was pleased with the addition of banning fire works during
a drought event.
Mayor Sonterre pointed out that the misdemeanor fines are set by the state and not the City.
Council Member Marty thanked Fire Chief Zikmund for incorporating Council Member Thomas’
concern by adding 6.1 to the document covering a disposal fund.
MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5764, a
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.
Ayes – 4 Nays – 0 Motion carried.
F. Request to Purchase Materials for the Golf Course.
Golf Course Manager Longville addressed Council and explained the options for repairing the
ninth green as well as the other less damaged greens.
Mr. Longville indicated that it would be his preference to seed the greens but, in light of the
difficult spring conditions the soil temperature has not been conducive to seed germination. He
then said that, since seeding is not the best option, he would recommend using a sod that has
been washed in order to eliminate the layering of soils. He also noted that the existing turf would
be removed from the ninth green and used to patch the other less damaged greens at the course.
Council Member Stigney asked whether there was any assurance that the sodding would be
successful.
Mr. Longville indicated that he is in the process of having soil testing done to determine whether
a chemical that appears to have been dumped on the green is still present in the soil. He further
commented that due to the thatch problem at the course it may be that the chemical did not reach
Mounds View City Council May 13, 2002
Regular Meeting Page 20
the soil. He then explained that he and his staff are committed to doing everything that needs to
be done to ensure success of the sod but are at the mercy of the weather and things beyond their
control.
Council directed Golf Course Manager Longville to proceed with his recommendation to use
washed sod to repair the ninth green.
8. SPECIAL ORDER OF BUSINESS
A. Resolution 5765 Accepting a Donation from Boy Scout Pack 167
Finance Director Hansen indicated the Boy Scouts have donated $120.00 to purchase a tree for
Hillview Park. He then noted the City Forester would purchase the tree and it would be planted
on May 22, 2002.
Council Member Stigney asked that the Resolution be read.
Resolution 5765 was read.
MOTION/SECOND: Quick/Marty. To Approve Resolution 5765, a Resolution Accepting a
Donation from Boy Scout Pack 167.
Ayes – 4 Nays – 0 Motion carried.
B. Resolution 5766 Accepting a Donation from Capital Beverage Sales
Finance Director Hansen indicated that Capital Beverage Sales has donated $500.00 to the City
towards the purchase of exercise mats for the recreation program. This fundraising campaign
was started by the Mermaid to aid in the purchase of mats for the Aikido training taught by
Officer Keckeisen. The mats are expected to cost around $2,000 and the fundraising is
continuing.
MOTION/SECOND: Marty/Stigney. To Approve Resolution 5766, a Resolution Accepting a
Donation from Capital Beverage Sales.
Ayes – 4 Nays – 0 Motion carried.
C. Resolution 5767 Accepting a Donation from East Side Beverage Company.
Finance Director Hansen indicated that East Side Beverage Company has donated $500.00
toward the purchase of exercise mats for the recreation program.
Mayor Sonterre Resolution 5767 and indicated the same language applied to Resolution 5766.
Mounds View City Council May 13, 2002
Regular Meeting Page 21
MOTION/SECOND: Marty/Stigney. To Approve Resolution 5767, a Resolution Accepting a
Donation from East Side Beverage Company.
Ayes – 4 Nays – 0 Motion carried.
9. REPORTS
City Administrator Miller reported she had received a ruling from the Department of Economic
Security that indicates that the decision to deny Former Finance Director Kessel’s unemployment
benefits has been upheld. She then read a portion of the document and it is as follows:
****Insert Here
City Administrator Miller indicated that Mr. Kessel has one more chance to appeal the decision
to the State Court of Appeals.
Council Member Quick asked that the public works department look into the heating and cooling
in Council Chambers before the summer cooling season starts.
Council Member Marty asked whether the City has posted the Chief of Police position.
City Administrator Miller indicated she would check with the Assistant City Administrator and
find out.
Council Member Marty asked the status of City Administrator Miller’s six month, one year and
year and a half evaluation.
Mayor Sonterre indicated that he had placed review forms in Council boxes and asked that those
be completed and returned to Assistant City Administrator Reed as soon as possible.
Council Member Marty indicated he did not receive one.
City Administrator Miller indicated she would make a copy for Council Member Marty.
Council Member Marty indicated he would like to review the attorney bills for 2001 and 2002 in
summary form.
City Administrator Miller indicated there is a flow chart available for viewing but noted it does
not provide detail.
Council Member Marty asked for a key to City Hall.
City Administrator Miller indicated she would get a key for Council Member Marty after the
meeting.
Mounds View City Council May 13, 2002
Regular Meeting Page 22
Council Member Stigney indicated he needed a key to City Hall also and then asked for a
summary of the sale prices of the vehicles sent to auction.
Council Member Marty indicated he had spoken to Deputy Chief Brennan and learned that the
City had gotten better prices than expected.
Mayor Sonterre indicated that Senate File 2727 had passed the House and Senate and been
signed by the Governor. He then said that Ramsey County has said that documents will be
available within four weeks.
Mayor Sonterre reported he had attended a Blue Print for Success meeting in Shoreview
concerning planning for transportation, housing and infrastructure in the year 2030 because there
is expected to be one million more people in the metropolitan area by that date. He then offered
to provide information on upcoming meetings if anyone was interested in attending.
Mayor Sonterre publicly thanked the City’s Police Department and Ramsey County for
responding to the police situation at a Mounds View apartment complex involving a heavily
armed gunman. The man was apprehended and no one was injured.
Mayor Sonterre publicly thanked the Police Department and Ramsey County for responding to a
situation in the mobile home park that turned out to be an explosive devise filled with metal
scraps and glass. The bomb squad was able to diffuse it and no one was injured. Mayor Sonterre
indicated the emergency personnel that serve the City have done a wonderful job with protecting
residents and he wanted to publicly thank them.
Council Member Marty reported he had attended a Northwest Youth and Family Services
meeting and noted that a new quarterly report that will be easier to understand is in the works.
Council Member Marty indicated he had spoken to a representative from Rice Creek Watershed
District and learned that the District is leaning toward not constructing the Greenfield ponding
project. He then asked to have discussion of whether the City is interested in having a holding
pond on the portion of land north of Highway 10 between the golf course and Sysco be placed on
a work session agenda.
Mayor Sonterre indicated the City should ask Rice Creek to provide an explanation as to why this
project would not come to fruition after considerable time and effort had been given to it.
Council Member Quick asked whether Council Member Marty had gotten his information while
attending a meeting with Rice Creek.
Council Member Marty indicated he had received a call from a citizen and had then done some
calling on his own and this is his unofficial feeling.
Mounds View City Council May 13, 2002
Regular Meeting Page 23
10. APPROVAL OF MINUTES
A. Minutes for April 8, 2002
Council Member Marty asked that the spelling of Brimeyer be corrected throughout the
document.
MOTION/SECOND: Marty/Quick. To Approve the Minutes of the City Council Meeting for
April 8, 2002 as amended.
Ayes – 4 Nays – 0 Motion carried.
B. Minutes for April 22, 2002
Council Member Marty asked whether Staff was able to provide information for the blanks in the
minutes.
Council asked that Staff review the tape and determine whether the residents speaking could be
identified and whether the missing information could be obtained and inserted into the document.
MOTION/SECOND: Marty/Quick. To Table Approval of the April 22, 2002 Minutes for
Further Information.
Ayes – 4 Nays – 0 Motion carried.
11. CLOSED SESSION
A. To Discuss Labor Negotiations
MOTION/SECOND: Quick/Marty. To Recess to Closed Session to Discuss Labor Negotiations
and to Adjourn from the Closed Session.
Ayes – 4 Nays – 0 Motion carried.
Council recessed to closed session at 10:35 p.m. to discuss labor negotiations.
B. To Discuss Threatened/Potential Litigation
City Attorney Riggs indicted that actual litigation would be discussed.
12. Next Council Work Session: Monday, June 3, 2002
Next Council Meeting: Tuesday, May 28, 2002
Mounds View City Council May 13, 2002
Regular Meeting Page 24
13. ADJOURNMENT
Mayor Sonterre adjourned the meeting at _____ p.m.
Transcribed and recorded by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.
Item No. 6B
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Barb Benesch
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Meeting Date: May 27, 2002
Please consider the following contractor licenses for approval. All contractor licenses
will expire on December 31, 2002. All applicants have submitted appropriate fees and
proof of insurance. All licenses are renewals unless noted “new” following the
company name. Those companies with “new” after the company name include
applicants that have never been licensed with the City or they may have been licensed
with the City in the past, but were not licensed in 2001. Those companies with a
renewal license were licensed, at a minimum, in the year 2001.
HVAC
Hansen Heating, Inc. – New
The Maintenance Team – New
Silvernail Ent., Ltd. – New
CONCRETE/MASONRY
Affordable Concrete Imprints of MN – New
Classic Construction - New
Schirmers Concrete, Inc. – New
Staff Recommendation: Approve license applications as requested.
City Council Meeting
May 28, 2002
Item 6D
RESOLUTION NO. 5779
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING PROCLAMATION
OF LEADERSHIP AND INNOVATION
WHEREAS, our business community is vital to the quality of life
and community spirit; and
WHEREAS, Western Bank has been selected as the 2002 New
Brighton/Mounds View Area Chamber recipient of the Leadership and
Innovation Award; and
WHEREAS, Western Bank in Mounds View has shown significant community
leadership and has contributed both time and resources for our future;
NOW, THEREFORE, BE IT RESOLVED that we, Steve Larson, Mayor
of the City of New Brighton, and Rich Sonterre, Mayor of the City of Mounds
View, do hereby jointly proclaim June 6, 2002 as
Western Bank of Mounds View Day
Adopted this 28th day of May, 2002.
_________________________________
Richard Sonterre, Mayor
ATTEST:
_______________________________________
Kathleen Miller, City Clerk/Administrator
(SEAL)
Motion:
Second:
Sonterre:
Stigney:
Quick:
Thomas:
Marty:
PROCLAMATION
WHEREAS, our business community is vital to the quality of life
and community spirit; and
WHEREAS, our existing businesses and industries are the
foundation of our local economy, provide continuity and
stability in our community and offer opportunities for community
growth through their expansion; and
WHEREAS, the New Brighton/Mounds View Area Chamber of
Commerce Leadership and Innovation Award was established to
annually recognize the outstanding businesses in New Brighton and
Mounds View; and
WHEREAS, Western Bank has been selected as the 2002 New
Brighton/Mounds View Area Chamber recipient of the Leadership and
Innovation Award; and
WHEREAS, Western Bank in Mounds View has shown significant community
leadership and has contributed both time and resources for our future;
NOW, THEREFORE, BE IT RESOLVED that we, Steve Larson, Mayor
of the City of New Brighton, and Rich Sonterre, Mayor of the City of Mounds
View, do hereby jointly proclaim June 6, 2002 as
Western Bank of Mounds View Day
In the Cities of New Brighton and Mounds View.
__________________________ ____________________________
Steve Larson, Mayor Rich Sonterre, Mayor
City of New Brighton City of Mounds View
City Council Meeting
May 28, 2002
Item 6E
RESOLUTION NO. 5780
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING PROCLAMATION
OF BUSINESS LONGEVITY
WHEREAS, our business community is vital to the quality of life
and community spirit; and
WHEREAS, WIN Insurance Agency has been selected as the 2002 New
Brighton/Mounds View Area Chamber recipient of the Business Longevity
Award; and
WHEREAS, WIN Insurance Agency in Mounds View has shown significant community
leadership and has contributed both time and resources for our future;
NOW, THEREFORE, BE IT RESOLVED that we, Steve Larson, Mayor
of the City of New Brighton, and Rich Sonterre, Mayor of the City of Mounds
View, do hereby jointly proclaim June 6, 2002 as
WIN Insurance Agency Day
Adopted this 28th day of May, 2002.
_________________________________
Richard Sonterre, Mayor
ATTEST:
_______________________________________
Kathleen Miller, City Clerk/Administrator
(SEAL)
Motion:
Second:
Sonterre:
Stigney:
Quick:
Thomas:
Marty:
PROCLAMATION
WHEREAS, our business community is vital to the quality of life
and community spirit; and
WHEREAS, our existing businesses and industries are the
foundation of our local economy, provide continuity and
stability in our community and offer opportunities for community
growth through their expansion; and
WHEREAS, the New Brighton/Mounds View Area Chamber of
Commerce Business Longevity Award was established to
annually recognize the outstanding businesses in New Brighton and
Mounds View; and
WHEREAS, WIN Insurance Agency has been selected as the 2002 New
Brighton/Mounds View Area Chamber recipient of the Business Longevity
Award; and
WHEREAS, WIN Insurance Agency in Mounds View has shown significant
community leadership and has contributed both time and resources for our future;
NOW, THEREFORE, BE IT RESOLVED that we, Steve Larson, Mayor
of the City of New Brighton, and Rich Sonterre, Mayor of the City of Mounds
View, do hereby jointly proclaim June 6, 2002 as
WIN Insurance Agency Day
In the Cities of New Brighton and Mounds View.
__________________________ ____________________________
Steve Larson, Mayor Rich Sonterre, Mayor
City of New Brighton City of Mounds View
M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\05-28-02\Item 07B Public
Hearing to Consider a Liquor License for Robert's.doc
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Item No. 7B
Meeting Date: May 28, 2002
Type of Business: PH
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant City Administrator
Item Title/Subject: Public Hearing to Consider a Liquor License for Robert’s Off
10
Date of Report: May 23, 2002
The Council will recall that this item has been tabled a number of times in order to allow
the applicant an opportunity to provide documentation stating his ownership interest in
Robert’s Off 10. That information has been submitted, however, now that we are
quickly approaching the end of the licensing year, there is additional information that
must be submitted. At the June 24, 2002 Council meeting the Council will consider
applications for all businesses currently licensed in the City. Staff would like to table
this item so that it may be considered along with all other applicants for the licensing
year July 1, 2002-June 30, 2003. This will allow the applicant for Robert’s adequate
time to gather the application materials.
Respectfully Submitted,
Givonna Reed
Assistant City Administrator
Item No. 7E
Meeting Date: May 28, 2002
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant City Administrator
Item Title/Subject: Resolution 5777 Adopting a Revised Salary Schedule for
the Assistant Clubhouse Manager Position
Date of Report: May 23, 2002
The Council will recall that last June the City was advised by the State Auditor’s office
and legal counsel that it should not continue to use three different formulas to
compensate golf instructors. The Council directed staff to create revised job
descriptions, which would include golf instruction, to have the job descriptions pointed
and to recommend a revised salary schedule to the Council.
A revised job description and pay scale have been adopted for the Clubhouse Manager.
In October, staff was planning to recommend a revised position description and salary
range for the Assistant Clubhouse Manager, however, AFSCME asked that the item be
pulled from the agenda.
The contract with AFSCME has been settled and the 2001 and 2002 wages for the
Assistant Clubhouse Manager position as agreed upon are as follows:
2001: 27,541.10 29,262.41 30,983.73 32,705.05 34,426.37
2002: 28,688.64 30,481.68 32,274.72 34,067.76 35,860.80
Staff recommends that the Assistant Clubhouse Manager be placed at step 2 of the
2001 pay range retroactive to June 16, 2002.
The Council will recall that at the May 20, 2002 Special City Council meeting the Council
adopted a reorganization plan as presented by the Golf Course Manager. The
reorganization plan eliminated the Assistant Clubhouse Manager position and created a
Grounds/Equipment Manager position. The wages paid for the Assistant Clubhouse
Manager position will cover the period of June 16, 2001-May 19, 2002.
Recommendation
Adopt Resolution 5777 Adopting a Revised Salary Schedule for the Assistant Clubhouse
Manager position.
RESOLUTION NO. 5777
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ADOPTING REVISED SALARY
SCHEDULE FOR THE
ASSISTANT CLUBHOUSE MANAGER/GOLF INSTRUCTOR
WHEREAS, on June 15, 2001 the Mounds View City Council
discontinued use of a percentage policy to compensate golf instructors for lessons; and
WHEREAS, the Council directed staff to recommend revisions to the
Assistant Clubhouse Manager position description and salary schedule as necessary;
and
WHEREAS, this position is a member of the AFSCME unit and the
following salary ranges have been agreed upon for the periods indicated:
2001: 27,541.10 29,262.41 30,983.73 32,705.05 34,426.37
2002: 28,688.64 30,481.68 32,274.72 34,067.76 35,860.80
NOW, THEREFORE, BE IT RESOLVED that the Assistant Clubhouse
Manager will be compensated at Step 2 of the above-listed pay range for 2001 and
2002; and
NOW, THEREFORE, BE IT FINALLY RESOLVED that because the Assistant
Clubhouse Manager position was eliminated at the May 20, 2002 Special Meeting of the
City Council, the salary schedule listed herein is effective for the period of June 16,
2001-May 19, 2002
Adopted this 28th day of May, 2002.
ATTEST:
Richard Sonterre, Mayor
SEAL
Kathleen F. Miller, City Administrator
Motion by:
Second by:
Sonterre Aye No
Quick Aye No
Stigney Aye No
Marty Aye No
Thomas Aye No
Item No. 7F
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Charles Hansen, Finance Director
Item Title/Subject: Resolution 5776 Hiring a Temporary Employee to
Fill the Cable TV Technician Position
Date of Report: May 23, 2002
Patrick Toth resigned as Cable TV Technician and his last day was April 24,
2002. We had anticipated that the City could receive support from the North
Suburban Communications Commission (NSCC) to cover a minimum set of
responsibilities until new staff is hired. It turns out that NSCC has staff shortages
of its own and has been able to provide little support.
Attached is a memo written by Patrick Toth prior to his departure outlining a
minimum set of tasks needed to support ongoing cable TV broadcasts. Many of
these haven’t been performed since April 24th. The City’s remaining part-time
Cable TV Operator and the NSCC staff should be able to tape all City Council
meetings and most commission meetings.
I have contacted Robert Half International and arranged for the temporary
services of a person. She has experience working in cable TV for another
suburb and should be well qualified to handle the duties outlined.
The rate the City will pay for her is $35.00 per hour. When this is viewed in the
context that the 2002 budget provided $19.00 per hour plus fringe benefits for the
Cable TV Technician and that there must be overhead and a profit margin for
Robert Half, it isn’t unreasonable. I anticipate her working four to six hours per
week.
Respectfully Submitted,
Charles Hansen
From: Toth, Pat
Sent: Monday, April 15, 2002
To: Miller, Kathleen
Subject: Required/minimum cable television-related responsibilities
Kathleen,
Here's the basic outline you requested regarding the required/minimum cable-
related responsibilities. These are based on a time coordinated structure. Let me
know if and when you want to elaborate on these further.
When necessary
A. The room preparation, airing and recording of live city meetings
1. All city meetings have a general time for playback. The specific televised
calendar/schedule for the various meetings is made once the city comes out with
its next monthly meeting calendar. I'll put together air times for the month of May
before I leave.
B. Playback of city meetings
1. Tapes of the city meetings, once the meetings are concluded, will have to
be put in the various tape players for their replays. Although a written schedule
for May will be prepared for these meetings in advance, these specific times,
along with the tapes, must be manually added and updated on the playback
system.
Every other day
A. Monitoring the room and the systems within
1. Making sure all the necessary devices for the televised playback of the
various city meetings and programs are powered and in working order.
At least three times per week, or when necessary
A. Maintaining the television bulletin board
1. Includes all updates that need to be typed in, any new messages and the
deleting of old ones. It also includes saving the board to file, in case the software
program itself is disrupted.
B. Checking the department's voice mail and responding to any messages
C. Checking the department's e-mail and responding to any messages
Every week
A. The scheduling and airing of non-city meeting programs for the channel
1. This would include three specific, pre-scheduled Mounds View shows, all
with specific playback times; Environment Journal, View From The Mound,
Seniors On The Run.
2. We have a variety of other shows that are scheduled freely throughout the
day and evening and air when the time permits. These programs are located in
the tape library.
Every other week
A. Maintenance of the video equipment
1. This includes the manual cleaning (internal) of the VCR's and the removal
of dust and room debris from the various equipment.
RESOLUTION NO. 5776
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION HIRING A TEMPORARY EMPLOYEE TO
FILL THE CABLE TV TECHNICIAN POSITION
WHEREAS, the Cable TC Technician for the City of Mounds View
has resigned effective April 25, 2002; and
WHEREAS, it will take several weeks to fill the position; and
WHEREAS, staff has requested authorization to fill the position on
a temporary basis.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council authorizes staff to hire a temporary employee through an employment
agency for a period not to exceed eight weeks without Council approval for an
extension and at a wage not to exceed $35.00 per hour for the same period.
Adopted this 28th day of May, 2002.
Richard Sonterre, Mayor
ATTEST:
Kathleen F. Miller, City Administrator
SEAL
Motion by:
Second by:
Sonterre
Quick
Stigney
Marty
Thomas
Item No. 7G
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: David Longville, Golf Course Manager
Item Title/Subject: Resolution 5778 Approving an Independent Contract
for Golf Lessons
Date of Report: 5/23/02
At the May 20, 2002 Special Meeting of the City Council the Council approved a
reorganization of the golf course. This included eliminating the Assistant
Clubhouse Manager position and creating a Grounds/Equipment Manager
position. In addition, the issue of independent golf lessons was brought up.
Council Member Marty indicated that he had received a call from a patron who
had some concerns about lessons.
I followed up with the Clubhouse Manager who indicated that during the strike it
had been somewhat difficult to arrange for lessons. This was attributed not only
to the inconvenience caused by the picketing, but also the honoring of the strike
by some of our patrons. Also, with the limited number of staff on board at this
time it was more difficult to schedule lessons. With the strike being over and the
summer clubhouse positions filled, this will no longer be an issue. The one area
we will need some assistance with is our junior group lessons (June –August).
Staff is considering three certified teaching professionals as possible candidates
for an independent contract with the City. At the May 28, 2002 Council meeting
staff will have the name of the independent contractor. Staff requests that the
Council approve of a second independent contact for golf lessons.
Compensation will be a 70/30 split as with the other contract. This should take
care of our lesson needs for the 2002 season.
Please note that even though junior lessons are from June–August, staff would
like to leave the dates of the contract somewhat open in an effort to be able to
respond to any requests for lessons that our current staff cannot handle.
Respectfully Submitted,
David J. Longville, CGCS
RESOLUTION NO. 5778
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Approving Agreement for Professional Services
WHEREAS, the City of Mounds View Golf Course has a need to engage
the services of a Professional to administer private, semi-private, and group
lessons and lessons for the Junior Golf program as necessary, on an interim
basis.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council does hereby approve the attached Agreement for Professional Services
as set forth in Exhibit A.
Adopted this 28th day of May 2002.
Richard Sonterre, Mayor
ATTEST:
SEAL Kathleen F. Miller, City Administrator
Motion:
Second:
Sonterre:
Quick:
Stigney:
Marty:
Thomas:
Exhibit A
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made, effective as of this 28th day of May 2002, by
and between the City of Mounds View, located at 2401 Highway 10, Mounds
View, Minnesota 55112 (hereinafter "City") and TBA, of the City of TBA, County
of Ramsey, Minnesota (hereinafter "Professional").
WITNESSETH:
WHEREAS, City desires to engage the services of Professional to
administer private, semi-private, and group lessons and lessons for the Junior
Golf program as necessary, on an interim basis; and
WHEREAS, Professional has expressed his willingness to provide such
services;
NOW, THEREFORE, the parties hereto do mutually agree as set forth
below:
A. Professional Services. Professional shall perform private, semi-private,
and group lessons and lessons for the Junior Golf program as necessary within
his expertise. It is understood between the parties that such services specifically
may include use of the practice range for private lessons and use of the practice
range and greens for the Junior Golf program. The Professional shall report
directly to the Clubhouse Manager.
B. Compensation. Professional will render services to City on a per lesson
basis. The Professional will determine the cost for private, semi-private and
group golf lessons.
• For Private, Semi-Private and Group Lessons the Professional will pay the
City 30% of revenues generated from fees for golf lessons provided by the
Professional. Students will pay the City directly for lessons and the
Professional will invoice the City for 70% of gross revenues generated
from the golf lessons provided by the Professional.
• For Junior Golf Lessons the independent contractor will receive $5.00 per
student per lesson at the end of the eight-week program.
C. Insurance. Professional shall maintain:
1. Workers' compensation insurance in compliance with all applicable
statutes; and
2. Professional, automobile, contract, and general liability insurance in
amounts and in forms satisfactory to City.
D. Independent Contractor Status. All services provided by Professional
pursuant to this Agreement shall be provided by Professional as an independent
contractor and not as an employee of the City for any purpose, including but not
limited to:
1. Income tax withholding;
2. Workers' compensation;
3. Unemployment compensation;
4. FICA taxes;
5. Liability for torts; and
6. Eligibility for employee benefits.
E. Hold Harmless; Indemnification. The Vendor shall defend, indemnify and hold
harmless the City, its elected officials, officers, employees, agents and
representatives, from and against any and all claims, costs, losses, expenses,
demands, actions or causes of action, including reasonable attorneys' fees and
other costs and expenses of litigation, which may arise out of this Agreement for
services provided by the Vendor hereunder. Nothing in this paragraph shall be
deemed to be a waiver by the City of any limitations on or immunities from
liability set forth in Minnesota Statutes, Chapter 466, or otherwise.
F. Termination. This Agreement shall continue in effect until its termination or
renegotiation as provided herein. Either party hereto may otherwise terminate
this Agreement by providing ten (10) business days written notice of its intent to
so terminate to the other party. This Agreement may be renegotiated or
otherwise amended at any time by mutual written agreement of the parties.
G. Effective Date. This agreement shall be effective May 28, 2002 and shall
continue through November 28, 2002.
H. Data Practices Act Compliance. Data provided to Professional under this
Agreement shall be administered in accordance with Minnesota Statutes,
Chapter 13, and all data on individuals shall be maintained in accordance with
statutory guidelines.
I. Work Products. All records, information, materials and other work products
prepared and developed in connection with the provision of services hereunder
shall become the exclusive and confidential property of City. No such products
shall be made available to any other individual or organization by Professional
without prior approval of City.
J. Entire Agreement. This Agreement, any attached exhibits and any
addenda or amendments signed by the parties shall constitute the entire
agreement between City and Professional, and supersedes any other written or
oral agreements between City and Professional. This Agreement can only be
modified in writing signed by City and Professional.
K. Execution in Counterparts. This Agreement may be executed in
counterparts by the parties hereto.
L. No Third Party Rights. Nothing in this Agreement shall be construed to
create any right in any person or entity not a party hereto.
M. Assignment. The rights and obligations of Professional pursuant to this
Agreement are not to be assigned absent the written consent of the City.
N. No Joint Venture or Partnership Created. This Agreement shall not be
construed to create a joint venture or partnership between the parties hereto.
O. Choice of Law and Venue. This Agreement shall be governed by and
construed in accordance with 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 all parties to this Agreement waive any
objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
IN WITNESS WHEREOF, City and Professional have executed this
Agreement the day and year first above written.
CITY OF MOUNDS VIEW
Dated: _________________ By: __________________________________
Richard Sonterre, Mayor
Dated: _________________ By: __________________________________
Kathleen F. Miller, City Clerk-Administrator
PROFESSIONAL: TBA
Dated: _________________ By: __________________________________
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 5773 Accepting a Donation from the
Lions Club
Date of Report: May 20, 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.
Donations of $500.00 from East Side Beverage Company and $500.00 from
Capitol Beverage Sales have already been received for this purpose. Retail price
of replacement mats is $1,980.00. The Lions Club came forward with a donation
of $1,000.00, which was paid directly to the vendor, Rising Sun.
There is a mis-conception that cities are exempt from sales taxes. That is true for
a few select items, but this isn’t one of them. Sales tax will increase the total
purchase cost of the practice mats to $2,108.70. Rather than go out in search of
another donation, the $108.70 cost above the donations is being paid out of the
Police Department Operating Supplies budget.
The other two resolutions amended the budget since the city received a check and
paid out the money to a vendor. Since the Lions paid their check directly to Rising
Sun, this is essentially a donation of materials. It is still just as valuable, but there
isn’t the need to amend the budget.
The attached Resolution 5773 acknowledges the donation from the Lions Club.
Respectfully Submitted,
Charles Hansen
RESOLUTION NO. 5773
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ACCEPTING A DONATION FROM THE LIONS CLUB
WHEREAS, the Lions Club is a positive force in the community of Mounds View;
and
WHEREAS, the Lions Club wishes to make the contribution towards the purchase
of practice mats for use by recreation and park programs; and
WHEREAS, the Lions Club has paid $1,000.00 directly to Rising Sun, the vendor
for practice mats.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mounds View gratefully acknowledges the donation of $1,000 from the Lions Club.
Adopted this 28th day of May, 2002.
ATTEST:
Rich Sonterre, Mayor
(SEAL)
Kathleen Miller, City Administrator
Motion By:
Second By:
Sonterre:
Quick:
Stigney:
Thomas:
Marty: