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HomeMy WebLinkAboutAgenda Packets - 2002/09/23 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, September 23, 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. JUST AND CORRECT CLAIMS 6. CONSENT AGENDA A. Licenses for Approval B. Resolution 5842 Amending the Budget of the Special Projects Fund for the Anoka County Payment Authorized by Resolution 5834. C. Resolution 5843 Authorizing the Purchase of a New File Server for the Finance Department. D. Resolution 5849 Authorizing Staff to Attend the ICMA Annual Conference E. Resolution 5848 Granting a Commercial Kennel License to Sham-O-Jet Kennel F. Resolution 5846 Authorizing Payment of Severance to David Longville G. Resolution 5851 Approving the Jake’s Development Agreement and Authorizing its Execution H. Resolution 5852 Authorizing Reconveyance of Use Deeds Associated with the Golf Course Tax Forfeited Parcels and Approving Applications for New Use Deed Applications I. Resolution 5853 Approving a Wetland Buffer Permit to Rebuild a Home Located at 2824 Woodcrest Drive J. Resolution 5839 Request for New Office Equipment: Replace Fax Machine L- 700 7. COUNCIL BUSINESS 7:05 A. Public Hearing to Consider Resolution 5847, a Resolution Approving a Conditional Use Permit for Joint Facilities Parking and a Development Review for Abbey Carpet, to be Located at 2214 County Highway 10. 7:10 B. Public Hearing to Consider the Rezoning of Adjacent Properties Located at 2901 and 2925 Highway 10 from B-3 and R-1 (Respectively) to R-3 (Collectively) to Allow for the Construction of Townhome Dwellings. C. Second Reading and Adoption of Ordinance 703, Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2003. (Roll Call Vote) City Council Meeting Agenda September 23, 2002 Page 2 7. COUNCIL BUSINESS (Cont’d) D. Second Reading and Adoption of Ordinance 704, Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2003. (Roll Call Vote) E. Resolution No. 5841 County Road H2 Street Project – Change Order No. 1 Authorizing construction of a pathway on County Road H from Old Highway 8 to Edgewood Drive F. Resolution 5854 Approving Settlement Agreement and Release of Claims.- Scott Riggs 8. SPECIAL ORDER OF BUSINESS A. Resolution 5845 Authorizing a Step Increase for Desaree Crane 9. REPORTS 10. APPROVAL OF MINUTES A. City Council Minutes, September 9, 2002 11. CLOSED SESSION A. Labor Negotiations B. Pending Litigation 12. Next Council Work Session: October 7, 2002 Next Council Meeting: October 14, 2002 13. ADJOURNMENT Item No. 06A 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: September 23, 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. EXCAVATING Sandd Excavating, Inc. FENCE Gopher State Fence – New HVAC Construction Mechanical Services - New Wencl Services, Inc. - New Staff Recommendation: Approve license applications as requested. Item No. 6B 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 5842 Amending the 2002 Budget of the Special Projects Fund for Anoka County Payment Authorized by Resolution 5834 Date of Report: September 16, 2002 On September 9, 2002, the City Council passed Resolution 5834 that authorized payment of a final invoice for the traffic signal at the intersection of C.S.A.H. 32 (85th Street) and Xylite Street. This payment of $31,155.17 meets Mounds View’s obligation for a project managed through Anoka County that was of mutual benefit. Resolution 5834 took several actions needed for the project but neglected to amend the 2002 budget. This resolution completes that final step. Respectfully Submitted, Charles Hansen MOUNDS VIEW CITY COUNCIL RESOLUTION NO. 5842 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AMENDING THE 2002 BUDGET OF THE SPECIAL PROJECTS FUND FOR THE ANOKA COUNTY PAYMENT AUTHORIZED BY RESOLUTION 5834 WHEREAS, the City Charter, Section 7.08 gives the City Council authority to amend the budget by resolution; and WHEREAS, on September 9, 2002, the City Council passed Resolution 5834 authorizing a final payment of $31,155.17 to Anoka County for a traffic signal. NOW, THEREFORE BE IT RESOLVED, THAT the 2002 Budget of the Special Projects Fund be amended to increase appropriations by $31,156.00 for the Joint Powers Agreement No. 2001-0542 with Anoka County. Adopted this 23rd day of September 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, Executive Director SEAL: Motion by: Second: Sonterre: Stigney: Marty: Thomas: Quick: M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\09-23-02\Item 06D Authorizing Staff to Attend the ICMA Annual Conference.doc Item No.06D Consent Agenda September 23, 2002 City of Mounds View Staff Report To: Honorable Mayor and City Council From: Givonna Reed, Assistant City Administrator Item Title/Subject: Consideration of Resolution 5849 Authorizing Staff to Attend the ICMA Conference in Philadelphia, PA. Date of Report: September 18, 2002 The Mounds View City Council requested that all out-of-state conferences be approved by the City Council. Staff is requesting authorization to attend the International City/County Management Association annual conference in Philadelphia, PA September 29-October 2, 2002. The International City/County Management Association (ICMA) is a professional and educational organization representing local government managers and administrators throughout the world. The International City/County Management Association has identified six main tracks of concurrent educational sessions examining solutions to the challenges facing local government managers. These sessions will focus on the following themes: • Creating, Managing, and Valuing Diversity • Local Government's Role in Emergency Preparedness and Response • The Local Government Manager's Changing Playbook • Making the Most of Technology and Electronic Government • Personally Speaking: Challenges That Face Local Government Managers and Their Families • Small Community Management: It's No Small Chore Two thousand dollars has been budgeted in 2002 for the City Administrator and Assistant City Administrator to attend the ICMA annual conference. This amount is adequate for one person to attend the conference. Conference registration, hotel and travel expenses will cost approximately $1700. Staff would like to note that there is $2000 in the 2002 budget for the MCMA and LMC annual conferences. Staff either did not attend these conferences this year or was not required to pay the registration fee, which represents a savings of $2000 to the City. In addition, there is $2300 of unused funds in Central Services M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\09-23-02\Item 06D Authorizing Staff to Attend the ICMA Annual Conference.doc to be used for training and seminars. Recommendation: Staff recommends the City Council review and approve Resolution 5849 Authorizing the Assistant City Administrator to attend the ICMA annual conference in Philadelphia Sept. 29-Oct. 2, 2002. Respectfully Submitted, ___________________________ Givonna Reed Assistant City Administrator M:\MasterFiles\1999 thru 2010\2002\City Council\Council Packets\09-23-02\Item 06D Authorizing Staff to Attend the ICMA Annual Conference.doc RESOLUTION NO. 5849 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE ASSISTANT CITY ADMINISTRATOR TO ATTEND THE ICMA ANNUAL CONFERENCE IN PHILADELPHIA, PA WHEREAS, the City Council has directed that all out-of-state travel for conferences be approved; and WHEREAS, the International City/County Management Association annual conference will be held in Philadelphia, PA; and WHEREAS, the Assistant City Administrator has expressed interest in attending the ICMA annual conference; and WHEREAS, the City Council recognizes the value in participating in such conferences; and WHEREAS, the City Council has budgeted funds for such purposes; NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve this request to attend the ICMA annual conference in Philadelphia, PA September 3rd – October 2nd, 2002. Adopted this 23rd day of September, 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator Motion by: Second: Sonterre: Stigney: Quick: Marty: Thomas: Item 06E Consent Agenda September 23, 2002 RESOLUTION NO. 5848 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING COMMERCIAL KENNEL LICENSE FOR SHAM-O-JET KENNEL WHEREAS, Sham-O-Jet Kennel has submitted an application to renew their commercial kennel license; and WHEREAS, the appropriate paperwork and fees have been submitted to the City; and WHEREAS, the Police Department has indicated that there are no incidences on record that would warrant denying the license. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does grant a commercial kennel license to Sham-O-Jet Kennel; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the license will expire June 30, 2003. Adopted this 23rd day of September, 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 06F Resolution 5846 September 23, 2002 RESOLUTION NO. 5846 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution 5846 Authorizing Payment of Severance to David Longville WHEREAS, David Longville resigned from his position as Golf Course Manager effective September 9, 2002; and WHEREAS, David Longville is entitled to the following benefits per the City of Mounds View Personnel Manual, Section 4.35D Separation Compensation: • 100% of accrued and unused vacation time at 33.88 hrs x $30.14/hr=$1,021.14. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a severance payment in the amount of $1021.14 to David Longville. Adopted this 23rd day of September, 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator SEAL Motion by: Second by: Sonterre Quick Stigney Marty Thomas Item No: 6H Meeting Date: September 23, 2002 Type of Business: Consent Agenda City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Consideration of Resolution 5852, a Resolution Authorizing the Reconveyance of Existing Use Deeds Associated with the Bridges Golf Course and Approving Application for New Use Deeds for Parcels NOT Associated with the Golf Course. Date of Report: September 19, 2002 Background: As the Council is fully aware, the Minnesota Legislature approved the sale of the tax forfeited parcels associated with the Bridges Golf Course to the City of Mounds View. To finalize the transfer of the property, the County is requesting that the City “reconvey” the parcels back to the State of Minnesota. Discussion: The City acquired two use deeds in 1982 for lots within the Laport Meadows subdivision. One use deed was for the lots in “Block 1” of Laport Meadows, and the other for parcels in “Block 2” of Laport Meadows. Both use deeds involve parcels associated with the Bridges Golf Course. To sell the tax forfeited lands associated with the Golf Course to the City, we need to release or convey back to the State the deeds acquired in 1982. Due to the reconveyance, the parcels NOT associated with the Golf Course would once again be available for public use by the City if the City determined their use was needed for some public purpose. The parcels highlighted in blue and green on Exhibit A of the attached Resolution 5852 are those parcels that would be available to the City under new use deeds. The parcels highlighted in orange and pink are those parcels that would be sold to the City. The cost to process all of the documents will be $210.94 Recommendation: Approve Resolution 5852, a resolution authorizing the reconveyance of the use deeds to the State and authorizing the application of new use deeds for the parcels not associated with the Golf Course. _____________________________________ James Ericson RESOLUTION NO. 5306 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE RECONVEYANCE OF TAX FORFEITED LANDS ACQUIRED THROUGH USE DEEDS IN 1982 BACK TO THE STATE OF MINNESOTA AND AUTHORIZING A RE-APPLICATION FOR CONVEYANCE OF PUBLIC USE DEEDS OVER CERTAIN TAX-FORFEITED PROPERTIES NOT ASSOCIATED WITH THE BRIDGES GOLF COURSE WHEREAS, supported by the Mounds View City Council and the Ramsey County Board of Commissioners, the Minnesota Legislature during its 82nd Legislative Session approved the sale of certain tax-forfeited parcels associated with the Bridges Golf Course to the City of Mounds View; and, WHEREAS, to take title to these parcels, the City needs to convey back to the State the two original use deeds issued to the City in 1982; and, WHEREAS, the original use deeds include parcels both associated with the Bridges Golf Course north of Highway 10 (parcels highlighted in pink and orange on the attached Exhibit A) and parcels NOT associated with the Golf Course south of Highway 10 (parcels highlighted in green and blue on Exhibit A); and, WHEREAS, upon receipt of the reconveyance, deeds would be created for those parcels approved for sale to the City (the pink and orange parcels) leaving the remaining lots (blue and green parcels) available once again to the City under public use deeds; and, WHEREAS, the City of Mounds View has determined that the parcels available for public use deed are needed to ensure the effective management and operation of the City’s local water management program; and, WHEREAS, Ramsey County staff has provided the City with the necessary reconveyance documents to effectuate this transaction and have in addition provided the City with a statement of costs to be paid. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council authorizes the reconveyance of two use deeds originally issued to the City in 1982 back to the State of Minnesota to allow for the sale of the tax-forfeited parcels associated with the Bridges Golf Course to the City of Mounds View. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View City Council authorizes application for conveyance of public use deeds for the excess tax-forfeited parcels not associated with the Bridges Golf Course to be utilized by the City for the public purpose of stormwater and surface water management. Resolution 5852 Page 2 NOW, THEREFORE, BE IT FINALLY RESOLVED, that the Mounds View City Council authorizes the Mayor and City Clerk/Administrator to execute the reconveyance documents and further authorizes payment to Ramsey County in the amount of $210.94 to pay for the associated recording and deed fees. Adopted this 23rd day of September, 2002. ____________________________________ Richard Sonterre, Mayor ATTEST: ____________________________________ Kathleen Miller, City Clerk / Administrator (SEAL) Motion: Second: Sonterre: Stigney: Quick: Marty: Thomas: N:\DATA\GROUPS\COMDEV\SPECIAL PROJECTS\SP108-02 (GOLF COURSE PARCELS)\RESOLUTION 5852 - GOLF COURSE PARCELS.DOC Exhibit A Key: The green and orange parcels were acquired via Use Deed # 16187. The green parcels are NOT included in State-approved sale of land to the City. The purple and blue parcels were acquired via Use Deed # 16186. The blue parcels are NOT included in sale of land to the City. Two Use Deed applications will be submitted to Ramsey County for the parcels NOT associated with the Golf Course property acquisitions (blue and green parcels.) BRIDGES GOLF COURSE Item No. 06J 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: Desaree Crane, Administrative Assistant Item Title/Subject: Request for New Office Equipment: Replace Cannon Fax Machine L-700 Meeting Date: September 23, 2002 On July 22, 1992, the City purchased its current fax machine (Cannon Fax Machine L-700), and as with any equipment its effectiveness has diminished considerably. Staff is requesting that a replacement fax machine be purchased due to the age and continued maintenance problems with the current machine. These maintenance problems include: 1. The current equipment misfeeds paper; 2. The current equipment does not broadcast to numerous locations properly; 3. The current equipment is very slow in transmitting information; 4. It is becoming difficult for Staff to find replacement parts or other supply items for the current machine. 5. There is not sufficient memory for the City’s needs (the current machine can only broadcast 10 pages at a time). The following are three quotes from fax machine dealer. AMERICAN OFFICE SUPPLY $550.00 (this does not include shipping and handling) OFFICE DEPOT $499.99 (free shipping and handling) OFFICE MAX $499.98 (free shipping and handling) Recommendation: Staff recommends the purchase of the Brother IntelliFax 4750e from Office Max for $499.98. The new equipment will come out of the 2002 General Budget, Central Services, 100-4160-1140. Respectfully Submitted, ___________________________ Desaree Crane Administrative Assistant RESOLUTION 5839 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving New Office Equipment – Brother IntelliFax 4750e Fax Machine WHEREAS, the City’s current fax machine is inefficient, and its effectiveness has diminished considerably; and WHEREAS, staff recommends that a replacement fax machine be purchased due to the age and continued maintenance problems with the current machine. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve purchase of a new fax machine, Brother IntelliFax 4750e from Office Max for $499.98. Adopted this 9th day of September, 2002. ATTEST: Richard Sonterre, Mayor SEAL Kathleen Miller, City Administrator Motion by: Second by: Sonterre Quick Stigney Marty Thomas September 23, 2002 Resolution 5854 Item 07F SJR-220747v1 MU210-94 RESOLUTION NO. 5854 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS WHEREAS, the City of Mounds View has been involved in two litigation matters entitled Wallace Mortenson v. City of Mounds View, and City of Mounds View v. Leland Wagner, as a result of an automobile accident on May 19, 1997, involving City of Mounds View employees; and WHEREAS, Jon K. Iverson of the law firm of Iverson Reuvers, LLC, through the League of Minnesota Cities Insurance Trust, represented the City in the above-mentioned litigation matters; and WHEREAS, Mr. Iverson is recommending that the City settle the above-referenced matters as well as execute a Release regarding such matters, as set forth and detailed in Mr. Iverson’s written correspondence to the City dated June 26, 2002, and June 19, 2002, written correspondence to LMCIT, which are attached hereto and incorporated into this Resolution; and WHEREAS, the City desires to settle the above-referenced matters as recommended by Mr. Iverson. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the City agrees to accept the settlement, as recommended by Mr. Iverson, involving the matters of Wallace Mortenson v. City of Mounds View, and City of Mounds View v. Leland Wagner. BE IT FURTHER RESOLVED that the City, in authorizing the settlement of the above- referenced matters pursuant to the recommendation of Mr. Iverson, also authorizes the Mayor and Clerk- Administrator to execute the Release provided by Mr. Iverson regarding these litigation matters, as well as any other documentation necessary to settle and resolve the above-referenced litigation matters. September 23, 2002 Resolution 5854 Item 07F SJR-220747v1 MU210-94 Passed and adopted this 23rd day of September, 2002. ATTEST: ____________________________________ Richard Sonterre, Mayor SEAL ____________________________________ Kathleen F. Miller, City Administrator Motion by: Seconded by: Sonterre Quick Stigney Marty Thomas September 23, 2002 Resolution 5854 Item 07F SJR-220747v1 MU210-94 A-1 EXHIBIT “A” [Iverson Letters] September 23, 2002 Resolution 5845 Item 08A RESOLUTION NO. 5845 CITY OF MONDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A STEP INCREASE FOR DESAREE CRANE WHEREAS, Desaree Crane is a regular full-time employee who began working for the City of Mounds View on March 26, 2002; and WHEREAS, Ms. Crane’s work performance has been rated satisfactory or higher by her supervisor; and WHEREAS, Ms. Crane’s supervisor recommends that the City Council approve a wage adjustment from step two to step three. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a step increase for Desaree Crane from step two ($16.17/hr) to step three ($17.12/hr) effective September 26, 2002. Presented this 23rd day of September, 2002. ____________________________________ Rich Sonterre, Mayor (ATTEST) ____________________________________ Kathleen F. Miller, City Administrator (SEAL) Motion By: Second By: Sonterre: Quick: Stigney: Thomas: Marty: PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 9, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:15 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty (absent), Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, September 9, 2002 City Council Agenda. MOTION/SECOND: Quick/Stigney. To Approve the September 9, 2002, City Council Agenda as presented. Ayes - 4 Nays – 0 Motion carried. 4. PUBLIC INPUT David Jahnke of 8428 Eastwood Road indicated he had a comment on Consent Agenda Item C. Mayor Sonterre said he would pull Item C for discussion. 5. JUST AND CORRECT CLAIMS MOTION/SECOND: Thomas/Quick. To Approve Just and correct Claims as Presented. Ayes – 4 Nays – 0 Motion carried. 6. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for 7:05 p.m., Monday, September 23, 2002, to Consider a Conditional Use Permit for Joint Facilities Parking for Abbey Carpet, to be Located at 2214 Highway 10. Mounds View City Council September 9, 2002 Regular Meeting Page 2 C. Set a Public Hearing for 7:10 p.m., Monday, September 23, 2002, to Consider the Request to Rezone Properties Located at 2901 and 2925 Highway 10 from B-3 and R-1 to R-3, Medium Density Residential, to Allow for the Construction of Townhome Dwellings. D. Resolution 5834 Authorizing the Execution of a Joint Powers Agreement with Anoka County. E. Resolution 5838 Authorizing David Longville to Continue to Serve as Golf Course Manager on an Interim Basis. Mayor Sonterre requested that Item 6C be removed for discussion. Council Member Stigney asked that Item 6E be removed for discussion. MOTION/SECOND: Stigney/Quick. To Approve Consent Agenda A, B, D, as Presented. Ayes – 4 Nays – 0 Motion carried. MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item 6C as Presented. David Jahnke of 8428 Eastwood Road indicated he does not feel that the City needs any more townhomes along Highway 10. He then said he feels strongly that the City should bring more businesses to Highway 10 because business brings more business. Ayes – 4 Nays – 0 Motion carried. MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item 6E as Presented. Council Member Stigney indicated he would like to have the resolution read and said he would like to make a comment after it is read. Mayor Sonterre read Resolution 5838. Council Member Stigney indicated a resident had raised a concern about the fact that the City paid to move the golf course manager and he has resigned without finishing out the season. He then asked Council to consider whether to ask for reimbursement of those moving costs. City Administrator Miller indicated it was the Council’s choice whether to ask for repayment but said there were no stipulations attached to the payment of the moving expenses. She then indicated that Mr. Longville has accumulated many flex hours and when he terminated employment with the City he lost in excess of 300 hours. Mounds View City Council September 9, 2002 Regular Meeting Page 3 Mayor Sonterre commented that the question was appropriate but stated that no outcome of that discussion would affect the Resolution presented to Council. He then suggested that this discussion be heard during the reports section of the meeting. Council Member Stigney commented that losing flex time when an employee quits is not much of an argument as far as he is concerned. Council Member Stigney asked what hours Mr. Longville would be working. City Administrator Miller indicated she would be meeting with Mr. Longville to establish regular hours for him. Ayes – 4 Nays – 0 Motion carried. 7. COUNCIL BUSINESS A. Public Hearing, Second Reading and Adoption of Ordinance 702, an Ordinance to Consider the Rezoning of Lot 2, Block 1, Anthony Properties Addition, from Planned Unit Development (PUD) to Highway Business (B-3). Mayor Sonterre opened the public hearing at 7:27 p.m. Director Ericson briefly reviewed the request for Council. Mayor Sonterre closed the public hearing at 7:29 p.m. MOTION/SECOND: Quick/Thomas. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 702, an Ordinance to Consider the Rezoning of Lot 2, Block 1, Anthony Properties Addition, from Planned Unit Development (PUD) to Highway Business (B-3). Council Member Stigney commented that this was supposed to be a PUD to bring an office building to the City and an office building would have provided more of a tax base than a parking lot. He then said he was opposed last time and is opposed this time. ROLL CALL: Quick/Stigney/Thomas/Sonterre. Ayes – 3 Nays – 1(Stigney). Motion carried. B. Public Hearing, Second Reading and Consideration of Ordinance 701, an Ordinance to Consider an Amendment to Chapter 1106 of the Mounds View Zoning Code Pertaining to Accessory Structures. Mayor Sonterre opened the public hearing at 7:30 p.m. Mounds View City Council September 9, 2002 Regular Meeting Page 4 Community Development Director Ericson explained that this was the second reading of Ordinance 701, and noted this was necessary for housekeeping purposes to update the zoning code to make it consistent with a previous change. Council Member Thomas commented that she felt this was a move in the right direction concerning accessory structures. Mayor Sonterre closed the public hearing at 7:31 p.m. MOTION/SECOND: Thomas/Stigney. To Waive the Reading, Approve the Second Reading, and Adopt Ordinance 701, an Ordinance Amending Chapter 1106 of the Mounds View Zoning Code Pertaining to Accessory Structures. Council Member Stigney indicated this changes the allowed square footage of accessory structures to go from 1400 square feet to 1800 square feet. ROLL CALL: Quick/Stigney/Thomas/Sonterre. Ayes – 4 Nays – 0 Motion carried. C. Public Hearing, First Reading and Consideration of Ordinance 703, Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations Within the City of Mounds View for the Year 2003. Mayor Sonterre opened the public hearing at 7:33 p.m. Finance Director Hansen indicated this Ordinance would continue the franchise fee on Xcel Energy electric and natural gas operations within the city of Mounds View for the year 2003. Mayor Sonterre closed the public hearing at 7:35 p.m. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Introduce the First Reading of Ordinance 703, Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations Within the City of Mounds View for the Year 2003. Council Member Stigney commented that this Ordinance continues the franchise fee of 4% on electric and gas. Council Member Thomas indicated that someday she would like to see this franchise fee eliminated but said that due to the budget situation it is necessary at this time. Ayes – 4 Nays – 0 Motion carried. Mounds View City Council September 9, 2002 Regular Meeting Page 5 D. Public Hearing, First Reading and Consideration of Ordinance 704, Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2003. Mayor Sonterre opened the public hearing at 7:36 p.m. Finance Director Hansen indicated this Ordinance would continue the franchise fee on Reliant Energy operations within Mounds View for the year 2003. Mayor Sonterre closed the public hearing at 7:37 p.m. MOTION/SECOND: Stigney/Quick. To Waive the Reading and Introduce the First Reading of Ordinance 704, an Ordinance Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2003. Council Member Stigney commented that this would continue the 4% franchise fee on Reliant customers. Ayes – 4 Nays – 0 Motion carried. E. Resolution 5840 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2003. Finance Director Hansen indicated the State of Minnesota requires that local governments follow a procedure to ensure that citizens have adequate notice of the property tax levy. He then indicated that the City would be exempt from that process again this year because the City’s levy is below the required amount but noted Council wished to follow that process and the truth-in- taxation hearing would be held on December 9, 2002. MOTION/SECOND: Quick/Sonterre. To Waive the Reading and Approve Resolution 5840, a Resolution Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2003. Ayes – 4 Nays – 0 Motion carried. F. Resolution 5836 Calling for the Sale of the City’s General Obligation Water Revenue Refunding Bonds, Series 2002A. Finance Director Hanson indicated the City’s financial advisor recommended that the City sell refunding bonds for those sold in 1993 as the interest rates are down from that time and doing so would save the City in excess of $100,000 in interest over the life of the bonds. MOTION/SECOND: Stigney/Thomas. To Waive the Reading and Approve Resolution 5836, a Resolution Calling for the Sale of the City’s General Obligation Water Revenue Refunding Bonds, Series 2002A. Mounds View City Council September 9, 2002 Regular Meeting Page 6 Ayes – 4 Nays – 0 Motion carried. G. Resolution 5827 Accepting the Annual Financial Report for the Year Ended December 31, 2001. Finance Director Hansen indicated that the Annual Financial Report was discussed at length at the August 19, 2002 work session and the report is before Council to officially accept the report and ratify the data. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 5827, a Resolution Accepting the Annual Financial Report for the Year Ended December 31, 2001. Ayes – 4 Nays – 0 Motion carried. H. Resolution 5837 Authorizing Certification of the Proposed General Fund Budget & Property Tax Levy for Fiscal Year 2003. Finance Director Hansen indicated the City is required to certify to Ramsey County by September 15, 2002, a preliminary property tax levy. He then indicated that, as the budget discussions proceed, that amount could be lowered but not raised. He further commented that due to the uncertainties with regard to state aid he would recommend certifying the maximum levy. Finance Director Hansen explained that due to a calculation related to the state aid funds for next year the promised increase forces the City to reduce its tax level below 2002. Council Member Stigney asked that Resolution 5837 be read. Finance Director Hansen read Resolution 5837. MOTION/SECOND: Quick/Thomas. To Approve Resolution 5837, a Resolution Authorizing Certification of the Proposed General Fund Budget & Property Tax Levy for Fiscal Year 2003. Council Member Stigney commented that the Resolution establishes the levy amount at $2,543,290. He then commented that Council, in the past, has not been too good at lowering the preliminary amount. Council Member Stigney suggested a friendly amendment to the motion to reduce the preliminary levy to $2,500,000. Council Member Quick did not accept the friendly amendment. Mounds View City Council September 9, 2002 Regular Meeting Page 7 Council Member Thomas indicated she liked the idea of lowering the amount but she thinks it is difficult to set a number at this time. She then said she would like to use that number as a target number during budget discussions. Council Member Stigney indicated he did not expect it to happen. Jerry Linke of 2319 Knoll Drive said he finds it incredible that the City has not spent hours going over the budget. He then said that previous Council’s used to start the budget process in May so that they would know where they were going at this time of year. Council Member Quick clarified that Council knows where it is going and to accept an amendment arbitrarily to lower the levy without justification or documentation would be ludicrous and arbitrary and capricious. Council Member Stigney said it would be fiscally responsible. Council Member Quick commented that it would be a gimmick for residents to think the funds were being reduced. Council Member Stigney indicated that he has never approved a budget because whatever is on the preliminary levy is what is approved, it has never been lowered. Ayes - 3 Nays – 1(Stigney) Motion carried. 8. SPECIAL ORDER OF BUSINESS A. Resolution 5818, a Resolution Appointing Peter Szurek to the Parks Department. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5818, a Resolution Appointing Peter Szurek to the Parks Department. Ayes – 4 Nays – 0 Motion carried. 9. REPORTS City Administrator Miller indicated she had received a call from the Mayor of Fridley asking her to extend an invitation to the 9/11 event he is hosting at the Fridley High School football field. She then noted that fire departments and police departments from surrounding communities are being invited. Community Development Director Ericson informed Council that Ed Donatelle is not feeling very well. Mounds View City Council September 9, 2002 Regular Meeting Page 8 Council Member Stigney indicated he had listened to the audio tape from the last Police Civil Service Commission meeting and has a concern about a comment made by City Administrator Miller. Council Member Quick asked whether the meeting was closed at the time due to personnel matters. It was determined that the meeting was not closed at the time. Council Member Stigney indicated he was concerned because the City Administrator had said she had spoken to the Mayor prior to the meeting and it would not be necessary to discuss the reorganization of the police department because she had talked to Council then corrected her statement to say that she had talked to a couple of Council Members and it is not necessary to discuss it. He then asked the City Attorney if there had been a serial communication. City Administrator Miller indicated she had listened to the tape and, frankly, never said that. She then indicated she had said that she had talked with a number of Council Members over a period of time and said she is not sure what is being referred to. Council Member Stigney indicated he is talking about the statement that she made that the talked to the Mayor and a couple of Council Members and it is not necessary to discuss the reorganization. City Administrator Miller indicated she did not recall that comment but said she would listen to the tape again. She then clarified that she did hear from a couple of Council Members that the reorganization would not be necessary. Council Member Stigney indicated that the comment, as he understands it, indicated that she had spoken to two other Council Members. He then asked City Attorney Riggs if it is true that one Council Member cannot contact two other Council Members. City Attorney Riggs indicated that contact for the purpose of making a decision is not allowed, general discussion is questionable, and social discussions would be allowed. He then said that, if that had happened, it would be a violation. Council Member Stigney said he does not think it hurt anything one way or the other but felt, if that was taking place, it should be corrected. City Administrator Miller indicated it was her intent that she spoke to two Council Members, Council Member Quick and Mayor Sonterre and Council Member Quick had stressed that when hiring the golf course manager the City had held off on the reorganization and the same should be done for the police department. Council Member Thomas indicated she had not talked about this matter for several weeks and had never talked to the Mayor about this issue. Mounds View City Council September 9, 2002 Regular Meeting Page 9 City Administrator Miller indicated she was referring to her conversations with Mayor Sonterre and Council Member Quick. Council Member Stigney indicated that is really not what is on the tape and he wanted to clarify. Council Member Quick commented for the record that he keeps in constant contact with the City Administrator and calls her almost every day. Mayor Sonterre clarified that he did not discuss the matter with other Council Members. Mayor Sonterre reported that he had participated in a one-hour talk show on WCCO radio concerning transportation funding. Council Member Stigney indicated he was concerned with the golf course manager leaving the City without finishing out one season. He then asked if Council feels that he should be asked for full or partial reimbursement of the moving expenses. Council Member Thomas commented that it is a good question to ask and she thinks it needs to be considered but, considering the circumstances, she could not, in good conscience, ask for it as it was offered in good faith and he accepted it with good faith and intent and no one expected this season to go the way it has. She then said that she thinks it is highly unfortunate that he is leaving but part of her cannot blame him. She further commented that this is a reflection of what he has experienced since he has been here and she cannot see penalizing him for it. Council Member Stigney indicated he does not know what is going on and the only thing he does know is that he gave a two-week notice. He then commented that he feels giving a two-week notice for someone in a management position lacks professionalism. He further commented the money came out of residents’ pockets and he thinks Council should ask for it. Mayor Sonterre indicated he has been thinking about this and the problem he has is what formula do you use, what is an adequate term for what the City gave him and how do you prorate the time versus the moving allocation. He then said he shares the concerns but does not think there is a means by which to respectfully ask for that money back with a formalized methodology. Council Member Stigney indicated it was not too difficult for him to ask. MOTION/SECOND: Stigney. To Ask Former Golf Course Manager Longville to reimburse the City for 50% of the Moving Fees Allocated to Him. The Motion failed for lack of a second. Mayor Sonterre asked if Council wished to pursue this any further. Mounds View City Council September 9, 2002 Regular Meeting Page 10 City Administrator Miller indicated there was a lesson learned in this matter. She then said there were no ties to the moving expenses and recommended in the future that tenure be tied to moving expenses. Council Member Quick commented that he thinks Council would agree that the golf course has not looked this good for a long time. He then said that Mr. Longville has done a lot of work up there. He further commented that the City Administrator has stated that Mr. Longville lost a lot of comp time when he resigned and, if this is not a good fit for him, it is his decision. Council Member Quick commented that Mr. Longville could have walked away but he is staying on as an interim basis and he is dismayed that this was even brought up. He then said that, in the real world, it would never happen. Council Member Quick reported that he, the Mayor, the City Administrator, the Principal of Edgewood Junior High, and Commissioner Bennett went and looked at the situation at Edgewood and County Road H concerning the foot traffic and kids coming from the manufactured home park south of the Mermaid. He then explained that the kids have to walk up H and some all the way up to Sunnyside and some to Edgewood. He further indicated that the group discussed some options and, since there was not a majority of Council, there was just discussion trying to determine what would be the best route to go. He also indicated there are two alternatives MOTION/SECOND: Quick/Sonterre. To Direct Staff to Research Both Options and Bring a Plan Back to Council at the Earliest Possible Time for Consideration. Council Member Quick indicated he thought the City needed to resolve the matter immediately and get the kids off of County Road H. Mayor Sonterre explained there are two plans, a pathway on the south side of H connecting the New Brighton pathway to the County section on Old Highway 8 and the second option is a pathway on the north side connecting to the County Highway 10 path in front of the Mermaid to Silver Lake Road. Mayor Sonterre commented that it is a significant and serious public health issue that exists along that road with the number of children walking with no pathway. He then commented he had heard an interesting statistic and, it should be noted, that there are more children from Mounds View attending Sunnyside than from New Brighton and there is a serious deficiency in getting them there. Council Member Stigney asked if there would be County funds available. Mayor Sonterre indicated that there may be County funds available and indicated Public Works Director Lee would follow up. Mounds View City Council September 9, 2002 Regular Meeting Page 11 Council Member Quick indicated the intent of his motion is to have Staff look for funds and how to get them as well as review what can be done. 10. APPROVAL OF MINUTES A. Minutes for August 26, 2002 Council Member Thomas requested the following change: On Page 9, fourth paragraph, third sentence, after guard rail insert “the entire length of the median.” MOTION/SECOND: Thomas/Quick. To Approve the Minutes of the City Council for August 26, 2002 as Amended. Ayes – 4 Nays – 0 Motion carried. 11. CLOSED SESSION A. Pending Litigation None. 12. Next Council Work Session: Monday, October 7, 2002 Next Council Meeting: September 12, 2002 (Special Council Meeting) 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at 8:15 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.