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HomeMy WebLinkAboutAgenda Packets - 2002/11/12CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Tuesday, November 12, 2002 6:00 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. Resolution 5878 Authorizing Severance to Jim Atkinson B. Resolution 5874 Approving a contract award for a Pilot Plant Study for Well No. 4 C. Resolution 5875 Authorizing Preliminary Survey for the 2003 Street Improvement Project 7. COUNCIL BUSINESS A. County Road H2 Street Project – Change Order No. 2 Resolution No. 5876 Authorizing storm sewer improvements on County Road H and five miscellaneous items not included in the original bid B. 2002 Well Rehabilitation Project – Resolution No. 5877 Approving the Plans and Specifications and Setting a Bids Date of December 3, 2002 8. SPECIAL ORDER OF BUSINESS 9. REPORTS A. State Patrol Use of the Banquet Facility (verbal report) 10. APPROVAL OF MINUTES A. October 28, 2002, City Council Minutes. 11. Next Council Work Session: December 2, 2002 Next Council Meeting: November 25, 2002 12. ADJOURNMENT Item 06A Reso. 5878- Severance for Jim Atkinson November 12, 2002 RESOLUTION NO. 5878 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution 5878 Approving Severance for Jim Atkinson WHEREAS, Jim Atkinson has resigned from his position as Planning Associate effective November 8, 2002; and WHEREAS, Jim Atkinson 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-estimated at 24.08 hrs x $19.71/hr=$474.62 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a one-time severance payment in the amount of $474.62 to Jim Atkinson Adopted this 12th day of November, 2002. Richard Sonterre, Mayor ATTEST: Kathleen F. Miller, City Administrator SEAL Motion by: Second by: Sonterre Quick Stigney Marty Thomas Item No. 7A Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution No. 5876 County Road H2 Street Project – Change Order No. 2 Authorizing storm sewer improvements on County Road H and five miscellaneous items not included in the original bid Meeting Date: November 12, 2002 Background: In 2001, the City has received grant monies to construct a regional pond on the north side of County Road H, adjacent to the Edgewood Junior High School. As part of the project, a storm sewer system was added along County Road H. Also in 2001, the City revised and approved a driveway access to the Mermaid site off of County Road H. Discussion There are two general items staff wishes to add as a change order to the County Road H2 Street Improvement Project: storm sewer improvements on County Road H and five miscellaneous items not included in the original bid. Storm sewer improvements on County Road H The two projects that occurred in this area in 2001, unfortunately, were not well coordinated. Also, an assumption was made that the County was going to change the roadway grades of County Road H when they repaved it so as to established a new low point in the road. This did not happen. In hindsight, additional storm sewer catch basins should have been added to County Road H as part of the Regional Pond Project. Attached is a plan showing those proposed additional catch basins. The estimated cost of this item is $16,300.71. The funds to finance this will be derived from the Special Project Fund. Miscellaneous items not included in the original bid With a project the size and complexity of the County Road H2 Street Improvement Project, it is necessary to revise the plan or make adjustments in the field. Attached is a list of items and an explanation for each. The estimated cost of this item is $14,732.00. The funds to finance this will be derived from the special fund account and the municipal state aid account. Recommendation: It is recommended the Council adopt the attached resolution approving Change Order No. 2 for the County Road H2 Street Project authorizing storm sewer improvements on County Road H and five miscellaneous items not included in the original bid. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 5876 COUNTY ROAD H2 STREET PROJECT – CHANGE ORDER NO. 2 AUTHORIZING STORM SEWER IMPROVEMENTS ON COUNTY ROAD H AND FIVE MISCELLANEOUS ITEMS NOT INCLUDED IN THE ORIGINAL BID CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, there are two general items staff wishes to add as a change order to the County Road H2 Street Improvement; and WHEREAS, said items are: storm sewer improvements on County Road H and five miscellaneous items not included in the original bid; and WHEREAS, the estimated cost of the storm sewer improvements on County Road H is $16,300.71 and the funds to finance this will be derived from the Special Project Fund; and WHEREAS, The estimated cost of the five miscellaneous items not included in the original bid is $14,732.00 and the funds to finance this will be derived from the special fund account and the municipal state aid account; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That Change Order No. 2 for the County Road H2 Street Improvement Project is hereby approved. 2. That said Change Order is for construction of storm sewer improvements on County Road H and five miscellaneous items not included in the original bid. 3. That the 2002 Budget of the Special Projects Fund and the Municipal State Aid Fund be amended to increase $25,600.71 and $5,432 respectively for Change Order No. 2 of the County Road H2 Street Improvement Project. Adopted this 12th day of November 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator Motion by: Second: Quick: Sonterre: Marty: Stigney: Thomas: Item No. 7B Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: 2002 Well Rehabilitation Project Resolution No. 5877 Approve the Plans and Specifications Set a Bid Date of December 3, 2002 Meeting Date: November 12, 2002 Background: The City established a maintenance program whereby the wells would be evaluated and rehabilitated on a seven-year cycle. A longer period of eleven years was attempted; however, it was discovered that this period was too long to identify minor problems and correct them before they became major replacements. Wells Number 1 and 2 were last rehabilitated in 1995. Based on the seven-year evaluation schedule, they are therefore due for rehabilitation this year. Wells Number 3 and 5 were last done in 1997 and are scheduled for rehabilitation in 2004. Discussion: On October 28, 2002, the City Council authorized the preparation of construction plans and specifications for the 2002 Well Rehabilitation Project; this includes both Wells Number 1 and 2. Plans and Specifications – Staff has prepared plans and specifications that meet the City of Mounds View’s standards and are consistent with specifications utilized for other recent well rehabilitation projects. The specifications are not attached to this report; however, they will be available at the November 12, 2002 City Council Meeting. The estimated cost of this project is between $50,000 and $60,000. A more accurate figure could not be obtained due to the uncertainty of what parts may need to be replaced. Funding for this project will be derived from water repairs account of the Enterprise Fund, Account 700-4823-5150. Bid Date – A December 3rd, 2002, 10:00 a.m. bid date will provide ample time to provide required notification to contractors. What’s Next – Should the Council want to proceed with this project, the following is a tentative schedule for this project: November 12th Approve plans and specifications November 12th Set a December 3rd bid date November 20th & 27th Advertise bids December 3rd 10:00 a.m. Receive bids December 9th Award contract December 9th Start project February 28th 2003 Complete project Recommendation: It is recommended the City Council adopt a resolution approving the plans and specifications and establishing a December 3rd, 2002, 10:00 a.m. bid date for the 2002 Well Rehabilitation Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 5877 APPROVE THE PLANS AND SPECIFICATIONS AND SET A BID DATE OF DECEMBER 3, 2002 FOR THE 2002 WELL REHABILITATION PROJECT CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA WHEREAS, On October 28, 2002, the City Council adopted Resolution No. 5872 authorizing the preparation of construction plans and specifications for the 2002 Well Rehabilitation Project; this includes both Wells Number 1 and 2; and WHEREAS, said plans have been prepared in accordance with City standards and are consistent with specifications utilized for other recent well rehabilitation projects; and WHEREAS, the financing for this project will be derived entirely from the City of Mounds View Enterprise Fund and that assessments are not a funding source. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The plans and specifications for the 2002 Well Rehabilitation Project which were prepared pursuant to Resolution No. 5872 adopted by the City Council on October 28, 2002 are hereby approved as the plans and specifications in accordance with which said project shall be implemented. 2. That a date to receive bids for said project is hereby established on December 3, 2002 at 10:00 a.m. 3. That Staff is hereby directed to cause to be published in the Focus News and in the Construction Bulletin, at least ten (10) days before the date for opening of bids, a notice to bidders for the implementation of said project as required by law. Adopted this 12th day of November 2002. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator Motion by: Second: Sonterre: Stigney: Quick: Marty: Thomas: PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 28, 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. Mayor Sonterre requested a moment of silence in remembrance of Senator Wellstone. 3. APPROVAL OF AGENDA A. Monday, October 28, 2002 City Council Agenda. MOTION/SECOND: Marty/Stigney. To Approve the October 28, 2002, City Council Agenda as presented. Ayes - 5 Nays – 0 Motion carried. 4. PUBLIC INPUT Jerry Linke of 2319 Knoll Drive asked if there was a reason flags were not at half-staff. Public Works Director Lee indicated the flag was ordered to full staff and said the Minnesota flag is flying at half-staff. Herb Zwirn of 7660 Greenfield Avenue addressed Council and said he was speaking as an angry resident due to the rush to approve of the Mezzenga development. He then said that, due to the rush to approve, he is now dealing with the effects of poor planning and even poorer inspections. Mr. Zwirn indicated that Mr. Mezzenga has not done what he said he would do. He then said he had warned the Planning Commission and Council about parking problems, trash problems, the entrance on Greenfield, as well as issues of privacy and maintenance, all of which he has been left to deal with. Mr. Zwirn indicated that Mr. Mezzenga was allowed to sell the property with issues unresolved to a new owner of no better character who is also not dealing with the issues. He then said he Mounds View City Council October 28, 2002 Regular Meeting Page 2 had turned to Jim and Staff and been given the polite “we’ll look into it” only to hear and see nothing until he brings it up again. Mr. Zwirn indicated he has sustained several hundred dollars damage to his home from the new owner. He then said he has tried to discuss the issues with the new owner but is dealing with a pompous arrogant moron who denies responsibility and states that he has talked to his attorney and the damages are not his responsibility. Mr. Zwirn indicated he feels there needs to be a greater focus on detail including follow up inspections to ensure compliance with building plans and strict penalties for those that do not live up to their obligations. He then said he criticizes the Council, the Planning Commission, Jim’s office and Staff because these things have not been done and he finds himself involved in a lawsuit with the property owner because he feels above responsibility. Mr. Zwirn commented that the Mayor has written articles concerning his bid for re-election and he said he is there to challenge the Mayor’s approach. He then said the citizens of Mounds View and he have experienced first hand too many individuals that practice the good old boy politics. He also said that the area that deals with public relations is sorely deficient to make residents feel that their concerns are heard and will be dealt with. Mr. Zwirn indicated he got involved with the Planning Commission in an attempt to prevent these types of situations but he stands here a victim of rush to approval politics. He then said the City is looking for people to volunteer their time and asked what citizen is going to sacrifice their time and donate it to work within the type of environment he just described. Mr. Zwirn indicated he has spent time and money defending his position and is further conflicted because he gets nowhere when dealing with City Hall. He then reminded Council that this is an election year and he will not vote for the status quo and will encourage others not to as well. Mayor Sonterre indicated he has spoken with Mr. Zwirn concerning this matter. He then asked Mr. Zwirn to compile a list of concerns that have been sent to the Community Development Department and give it to either Ms. Miller or Ms. Reed. He the asked Ms. Miller to sit down with Mr. Ericson to see what has been addressed and what has not. Mr. Zwirn said he would stop and drop the list off. He then said this is one of three instances and this one affects him directly. He then explained that there was a neighbor of his having problems and that was not addressed until he got into a heated discussion with Jim in chambers. He further indicated that this does not need to happen and said there is a need for a clear, concise path to deal with the problems that arise. Mayor Sonterre asked Mr. Zwirn to get the information to Ms. Miller as she is the administrative supervisor and will handle the matter. Mounds View City Council October 28, 2002 Regular Meeting Page 3 5. JUST AND CORRECT CLAIMS Council Member Stigney asked whether the City is paying for Staff coffee. City Administrator Miller indicated the employees do consume coffee while at work and the City does pay for the purchase of coffee at this point. She then indicated that Council Member Stigney had requested a report on whether or not this is an appropriate expenditure and she will have a report next week. Council Member Stigney said he feels it is inappropriate to provide coffee for City Staff as they get paid and should buy their own coffee. He then said he would like to give direction to Staff to see if this can be corrected so he does not see it on the next claims for approval. Council Member Quick indicated Staff was given direction to look into that item for discussion at an upcoming work session. He then said the grandstanding tactics are premature and if Council allows Staff some time to do their job Council will receive the information and can make a decision on it. Council Member Stigney said it has been a week and he heard the answer is the City is paying for coffee and he would like to direct Staff to stop buying coffee. Council Member Marty indicated he had received information from a resident concerning an outside vendor the City could look into for providing coffee at employee expense. He then said he would provide the information to Staff. Council Member Quick said he felt the question is premature, as Staff needs time to do their job instead of making a big issue out of it. Council Member Stigney commented he does not think it is grandstanding and he looks at it as a fiduciary responsibility with taxpayer money. Council Member Marty said he did not see this as an outburst from Council Member Stigney as the question was raised if any one had questions or concerns on the claims for approval. He then suggested finishing the discussion at the work session. Council Member Stigney indicated there were convention charges for Ms. Reed to attend the convention in Philadelphia for $790.00, $25.00 and $130.00. He then asked for a break down of those charges. Finance Director Hansen indicated he had no further information other than the detail attached to the claim. Council Member Stigney asked Staff to look into that and provide more information at a later time. Mounds View City Council October 28, 2002 Regular Meeting Page 4 Council Member Stigney commented that it looks like $1,695.88 was spent for this conference and it takes two days off from work and he is not sure whether Staff worked the day they came home but he feels the City needs to look at where it is spending money and he feels the City could do without this expenditure. Council Member Marty asked who pays for the dinner for Check No. 109549 to Elegant Thymes Catering. Finance Director Hansen indicated this is a reimbursement to Elegant Thymes for catering and someone paid more than this amount to the banquet center for the service. Council Member Marty asked whether Check No. 109572 to MMKR represented a final bill on the matter. Finance Director Hansen indicated the bill is for the review of contracts and he thinks the City should be close to a final report on the matter. Council Member Marty asked what Check No.109573 for refinancing costs was for. Finance Director Hansen indicated there were some costs involved with refinancing the water service general obligation bonds but noted that the costs to refinance were figured in when Staff reported the overall savings in interest. Council Member Marty asked why the City pays Ramsey County for street painting. Finance Director Hansen indicated the City has no specialized painting truck so the City contracts with Ramsey County for the service as it is cheaper than owning the equipment. Council Member Marty asked for more information on Check No. 109584 to Savin Corporation. Finance Director Hansen indicated the check was for lease and maintenance of the main copy machine. Council Member Marty asked whether Check No. 109588 to Short Elliot Hendricksen would be the final bill. Public Works Director Lee indicated it would not be the final bill for Well 4 or County Road H2. He then indicated that there would be another fairly large bill for H2 and explained there is a month lag time from when costs are incurred and the City is invoiced. Council Member Marty asked for further information on the Hewlett Packard receipt because the numbers were difficult to read. Mounds View City Council October 28, 2002 Regular Meeting Page 5 Finance Director Hansen indicated the City purchased two computers with monitors and when they arrived they were not property configured so the computers were returned and the monitors kept and that is what the receipt is showing. Council Member Marty asked for further information on the Hampton Inn bill, as his copy was unreadable. Finance Director Hansen provided the figures for Council. Council Member Stigney indicated Staff should call on the computers and indicated that the matter is in dispute so that interest charges to not accrue. MOTION/SECOND: Thomas/Marty. To Approve Just and Correct Claims as Presented. Council Member Stigney said he disagrees with the expenditure of funds on the national conference. Mayor Sonterre commented that the money is in the budget and already expended. Council Member Stigney indicated he did not vote to approve the budget for that and will not vote to approve the expenditure. Ayes – 3 Nays - 2(Stigney/Marty) Motion carried. Council Member Quick asked what the vote was on approving the conference. City Administrator Miller indicated it was three to two. Council Member Quick commented that the will of the Council means nothing to some people. Council Member Stigney commented that the will of Council has nothing to do with how he votes. Council Member Quick commented that it was an approved item and that is where it should be left. Council Member Marty commented that at least they are consistent. 6. CONSENT AGENDA A. Licenses for Approval B. Resolution 5868, Approving a Contract Award for Weather Service for the 2002- 2003 Winter Season C. Resolution 5869, Authorizing the execution of the State of Minnesota Grant Agreement for the Fiscal Year 2003 Oak Wilt Grant Mounds View City Council October 28, 2002 Regular Meeting Page 6 D. Resolution 5863, a Resolution Approving the Development Agreement for Mounds View Business Properties, LLC Council Member Marty asked that Items B and C be removed for discussion. Community Development Director Ericson asked that Item D be removed for discussion. MOTION/SECOND: Stigney/Marty. To Approve Consent Agenda Item A as Presented. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Thomas/Marty. To Approve Consent Agenda Item B as Presented. Council Member Marty asked if there was a possibility of contacting sister cities to see about going in together to split or share costs to save money. Public Works Director Lee indicated he had looked into doing so but found that the extra responsibilities did not warrant the minimal cost savings to the City. Council Member Marty asked Staff to look into it for next year’s budget. Council Member Stigney asked if the police department could provide the alert service as needed. Ayes – 5 Nays – 0 Motion carried. MOTION/SECOND: Thomas/Stigney. To Approve Consent Agenda Item C as Presented. Council Member Marty indicated the paperwork states a minimal charge to the City but it looks to him like the City contributes $10,750. Public Works Director Lee indicated the funds are already expended as the agreement goes from July 9, 2002 to June 30, 2003. Council Member Marty asked whether the matching contribution should be included in the resolution. City Attorney Riggs indicated the amounts are spelled out in the agreement that is attached to the Resolution. Council Member Marty indicated there was a blank on Page 3 of the agreement and asked whether it should be filled in prior to approval. City Attorney Riggs indicated that the language on that pages states that if that section is blank it does not apply. Mounds View City Council October 28, 2002 Regular Meeting Page 7 Council Member Marty asked whether management of diseased trees was managed under City ordinance. Public Works Director Lee indicated he was not sure and would check with the City Forester. Council Member Marty indicated he had heard something on the news about a blight on the west coast killing oaks and how it was somehow related to the Irish potato blight. He then asked Staff to check with the City Forester to see if he had heard anything about that. Ayes – 5 Nays – 0 Motion carried. City Attorney Riggs indicated that Chapter 605 covers tree diseases as well as the nuisance code. Community Development Director Ericson indicated he had removed Item D to indicate a slight change in the agreement. He then read the change to Council. On Page 5 strike “the developer agrees to provide the City with copies of all bids and change orders, and the names of all suppliers and subcontractors, and other similar information relating to the improvements to be constructed by the developer.” MOTION/SECOND: Thomas/Sonterre. To Approve Consent Agenda Item D as Amended. Council Member asked if they are contributing any money for the trailway lighting. Director Ericson indicated the developer of the Mermaid has already contributed a portion of funds for trailway lighting and the pathway. He then said the pathway was extended to the edge of the property line and the Economic Development Authority authorized funds to get to Woodale. Ayes – 5 Nays – 0 Motion carried. 7. COUNCIL BUSINESS A. Public Hearing and Consideration of Resolution 5858, a Resolution Approving a Conditional Use Permit for Automotive Repair at 2135 Program Avenue, Site of the Wash-Me Car Wash. Mayor Sonterre opened the public hearing at 7:41 p.m. Community Development Director Ericson indicated this is a request for a conditional use permit to convert four car wash bays to automotive repair. He then indicated the matter was heard before the Planning Commission and recommended for approval. He further indicated that the Planning Commission had approved a variance from the minimum lot size requirement for auto repair. Mounds View City Council October 28, 2002 Regular Meeting Page 8 Director Ericson indicated the Planning Commission looked at the criteria contained in the code but said the biggest issue was whether the use would negatively impact the neighborhood and neighboring businesses and the Commission felt it would not. He then said the City received a letter from the Days Inn in support of the change provided there was no outside storage of cars or parts. Director Ericson indicated the parking was discussed and the applicant has submitted a site plan showing parking that meets the City’s requirements. Council Member Marty indicated he looked at the site and the site is very tight and he is concerned with accommodating outside parking. Director Ericson indicated it is a tight lot and that is one of the reasons why the variance was required. He then said that the site plan provided does meet City requirements. He also indicated there are three interior bays for parking and it is not the intent to leave cars parked outside for extended periods of time. Council Member Marty said he feels the City needs this type of business. Mayor Sonterre commented that the provision in the document for controlling and reducing noise seem pretty generic. Director Ericson indicated the language included is right out of the City’s code and said that Staff does not anticipate that the business will generate a significant amount of noise. Doris Hamlin of 3034 Ardmore Avenue indicated she lives around the corner and is concerned with the entrance and exit signs because the entrance is easy to miss and it creates a hazard for vehicles going down Program Avenue. Mayor Sonterre closed the public hearing at 7:49 p.m. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5858, a Resolution Approving a Conditional Use Permit for Automotive Repair at 2135 Program Avenue. Council Member Quick asked that the addition of the entrance and exit signs be added to the Resolution. Director Ericson amended the Resolution to include entrance and exit signs. Council Member Marty accepted the amendment to the Resolution. Council Member Stigney accepted the amendment to the Resolution. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council October 28, 2002 Regular Meeting Page 9 B. Consideration of Resolution 5867, a Resolution Ordering the Abatement of Hazardous Conditions Existing at 2240 Kingsway Lane. Jeremiah Anderson addressed Council concerning the property at 2240 Kingsway Lane. He then indicated he had spoken to the attorney for the property owner and revisited the site last Friday and, at that time, significant progress had been made toward bringing the property into compliance. Mr. Anderson recommended tabling this Resolution to the next meeting to allow time for the completion of the required work and said Staff would inspect the property and advise Council as to whether there is a need for this Resolution. MOTION/SECOND: Marty/Thomas. To Table Consideration of Resolution 5867 to November 12, 2002. C. Second Reading and Adoption of Ordinance 705, an Ordinance Amending Title 100, Chapter 105 of the Mounds View Municipal Code by Amending Section 105.03 as to the Compensation of the Mayor and Council Members in the City of Mounds View. City Administrator Miller provided a brief update on Ordinance 705 and indicated that, if approved, the Ordinance would be published and become effective January 1, 2003. MOTION/SECOND: Stigney/Quick. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 705, an Ordinance Amending Title 100, Chapter 105 of the Mounds View Municipal Code by Amending Section 105.03 as to the Compensation of the Mayor and Council Members in the City of Mounds View. Council Member Thomas indicated she would appreciate the increased dollars but thinks this is an inappropriate time for an increase as this is not a contract issue and it is not a provision in the Code or Ordinance that needs to change at this time. She then said that this seems to fall under the optional category for her and it is not something on her list of priorities that need addressing. She further indicated that she is against the increase at this time because it seems to her to be the wrong time for an increase. Council Member Stigney indicated Council has not had a raise since 1993 and said he originally voted against a raise for Council because he felt that Council should set out an example for the rest of the City but the rest of the City does not take an example from Council. He then said that his time is important to him. He further commented that Council Member Thomas has said that it is important to her to send Staff on a national trip costing $1,600 that he does not think was necessary when the City is watching its budget. Council Member Stigney indicated the City Administrator received a $15,000 raise over the last two years and Council is seriously lagging in salary. He then said he supports the increase Mounds View City Council October 28, 2002 Regular Meeting Page 10 because this is a once in ten-year raise. He further commented that he hopes that Council Member Thomas does not accept her money and contributes it toward training. Council Member Thomas indicated she had already discussed the option with the Finance Director. Council Member Quick asked if the budget provided money for any other national conferences. Finance Director Hansen indicated he had not brought his budget work papers with him but said there was more than one national conference within the various departments. Council Member Quick asked if anybody else has already gone to a national conference. Mayor Sonterre and Director Ericson indicated that they had been to a national conference. Council Member Quick indicated he was curious because he only heard reference to one national conference tonight and that is something in the contractual agreement. He then said he does not feel it is appropriate to mention other items during the discussion when there is no reference to them and it is always the same Staff members that seem to be taken to task. He further said there seems to be a pattern here and it is very disturbing and he hopes the residents that watch the Council meetings are as aware of it as he is as it seems to be getting worse and seems to be much more intense and he condemns that kind of attitude by Council Members. Council Member Thomas said this has nothing to do with national conferences and then said she supports employee training and the ability to keep up in the field. She then said that she feels that training is one of the many priorities and responsibilities the City has to deal with as part of the budget process. She further said that a Council increase should have been dealt with long ago as it is definitely overdue but she feels this is the wrong time to deal with it. Council Member Stigney asked when the right time to deal with it would be since it has been 10 years. Council Member Thomas answered that the right time would be sometime when the budget is not this tight and the economy is not this unstable. Council Member Stigney said the budget is pretty much the same as it has been and he feels it is time to address this issue. Council Member Marty said he really does not see the comments to single anyone out because last fall Council discussed national conferences and determined that the Mayor would not go. ROLL CALL: Stigney/Marty/Quick/Thomas/Sonterre. Ayes – 3 Nays – 2(Sonterre/Thomas) Motion carried. Mounds View City Council October 28, 2002 Regular Meeting Page 11 Council Member Quick indicated his statement was directed at the extra information that was brought up that was not pertinent to the discussion and that type of action seems to be an ongoing thing lately. Council Member Stigney indicated it was brought up as being part of budget discussions and part of the discussion is about expenditures. D. Second Reading and Adoption of Ordinance 706, an Ordinance Amending Title 400, Chapter 401 of the Mounds View Municipal Code Amending Section 401.02 Subdivision 1 as to the Membership of the Planning and Zoning Commission. City Administrator Miller briefly reviewed the matter with Council indicating that the Ordinance would amend the members from 9 to 7. She then indicated that, if adopted, the Ordinance would be published and become effective 30 days after publication. MOTION/SECOND: Marty/Stigney. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 706, an Ordinance Amending Title 400, Chapter 401 of the Mounds View Municipal Code Amending Section 401.02 Subdivision 1 as to the Membership of the Planning and Zoning Commission. ROLL CALL: Marty/Quick/Thomas/Stigney/Sonterre. Ayes – 5 Nays – 0 Motion carried. E. Second Reading and Adoption of Ordinance 707, an Ordinance Amending Title 400, Chapter 405 of the Mounds View Municipal Code by Amending Section 405.02 Subdivision 1 as to the Appointment of Members to the Parks and Recreation Commission. City Administrator Miller briefly reviewed the matter with Council indicating that the Ordinance would amend the number of members from 9 to 7. She then indicated that, if adopted, the Ordinance would be published and would take effect 30 days after publication. MOTION/SECOND: Marty/Stigney. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 707, an Ordinance Amending Title 400, Chapter 405 of the Mounds View Municipal Code by Amending Section 405.02 Subdivision 1 as to the Appointment of Members to the Parks and Recreation Commission. ROLL CALL: Quick/Thomas/Stigney/Marty/Sonterre. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council October 28, 2002 Regular Meeting Page 12 F. Finance Department Quarterly Report Finance Director Hansen addressed Council and reviewed his quarterly financial report giving a report on the overall financial condition of the City as well as a report on the activities specific to the finance department. Finance Director Hansen indicated that revenues were roughly in line with the budget. He then said that franchise taxes were lower in 2002 due to more normal energy prices. Finance Director Hansen indicated that licenses and permits were tracking similar to 2001 and seem to be in line with the budget. He then said that building and related permits are off significantly from 2001 as there have been no major permits that have come in for 2002. Finance Director Hansen indicated that the building permits would be close to what was budgeted and he only increased the budget for 2003 slightly. Finance Director Hansen indicated that intergovernmental revenue is an area of concern as the City is expecting the second half of its state aid December 30, 2002 and, with the ongoing state budget difficulties, that money is at risk. Finance Director Hansen indicated that court fines were down somewhat although it is not a significant revenue item. He also indicated that interest revenue exceeded the budget in 2001 but in 2002 the interest income will be substantially lower, about what is budgeted. Finance Director Hansen indicated the police department budget is under budget the amount of the salaries from the vacant positions. Finance Director Hansen indicated he anticipates the total expenditures to be approximately $400,000 under budget for 2002. He then said that the City would not have the same cushion for 2003 and later years and also noted that the cushion would not be there if the state aid is not realized. Finance Director Hansen indicated the Community Center is struggling financially and said there would be an in depth discussion concerning that at the work session. Finance Director Hansen indicated the TIF districts were doing better than projected both in terms of budget and the projection by Ehlers. He then said that getting the DTED grant in 2002 will largely eliminate the need to transfer money to the EDA. Finance Director Hansen indicated the MSA construction fund is area of concern, as the City’s engineer has not been regularly submitting requests for reimbursement from the state. He then indicated that Public Works Director Lee has looked into the matter and the Engineer has recently submitted a claim. He further indicated that claims should be submitted, at a minimum, yearly. Mounds View City Council October 28, 2002 Regular Meeting Page 13 Finance Director Hansen indicated the golf course has had a difficult year due to the weather and the strike but said that would be discussed in detail at the work session. Finance Director Hansen reviewed the activities of the Finance Department for the third quarter. He then asked for authorization to provide budget information in packets on Monday, November 4, 2002. Council Member Marty asked to receive whatever was done on Friday. Council Member Quick suggested moving the work session meeting to November 13, 2002. Finance Director Hansen indicated that date worked for him. Council Member Stigney objected to changing the date as there may need to be follow up meetings so he would like to start on November 6, 2002 to allow time for those follow up meetings. Council Member Marty indicated he was not available on November 13, 2002. Council agreed to leave the meeting on November 6, 2002. Finance Director Hansen indicated his department would begin setting up for the new financial reporting format in January. Council Member Marty asked why the apartment licenses were short of budget. Community Development Director Ericson indicated that the licenses are typically collected in the third or fourth quarter so the revenues will continue to come in. Council Member Marty asked why the intergovernmental other state grants amount was so much higher than what was budgeted. Finance Director Hansen indicated the City received the oak wilt grant and that was not built into the 2002 budget. He then indicated the DARE aid grant has been causing timing difficulties for the City because the City and the School District are not on the same fiscal year. Council Member Marty asked why fines and forfeits were under budget. Finance Director Hansen indicated the City allows a certain number of free alarms and then residents are fine so the first part of the year residents are working on their free fines and the revenue comes in during the later part of the year. Council Member Marty asked why the City Council salary budget was $6,000 less than last year. Mounds View City Council October 28, 2002 Regular Meeting Page 14 Finance Director Hansen indicated that there was a part of a Staff member budgeted to Council last year and that was removed from the 2002 budget. Council Member Marty asked why other professional services budgeted was more than double the amount budgeted. City Administrator Miller indicated that the amounts could be attributed to labor relations. Council Member Marty asked for an explanation of the central services buildings and grounds line item. Finance Director Hansen indicated that for 2001 and earlier years the City was using that line item for budgeting supplies for maintaining the building. He then said that there appear to be some coding errors that he will need to address to get the costs in the right category. Council Member Marty commented that under part time police salaries the City budgeted $19,000 and spent $31,000. He then asked if that was due to the strike. Finance Director Hansen indicated the strike may have been part of that overage but said it seems to be too large of an increase for just the strike and he will look into it. Council Member Marty indicated the athletic field maintenance was over budget for salaries and overtime. He then asked if there was a lot more work done on park maintenance and renovation this year. Finance Director Hansen indicated that the City budgets the personnel on 1/10th of a person to different departments. He then said that a little extra activity costs the overage. Council Member Marty asked if the $925 budgeted for books and periodicals could be eliminated from the 2003 budget. Finance Director Hansen explained that the amount is for repair manuals on vehicles and he is not sure why no money was spent this year but said he would not recommend cutting that from the budget. Council Member Marty commented that the DARE budget was for $500 but there is $2,302 spent and he is wondering if the conferences attended were more expensive than anticipated. Finance Director Hansen indicated the DARE officer went to a national conference and ended up with a problem with travel costs and it was more expensive than the City thought it would be. Council Member Stigney asked for more detail on the national conference. Council Member Marty asked why there was social security and benefits budgeted to the banquet center if the work is contracted out. Mounds View City Council October 28, 2002 Regular Meeting Page 15 Finance Director Hansen indicated the City has one full time employee over there for building maintenance and he is trying to allocate costs to the tenants for that person’s salary and benefits. Council Member Marty commented that the rental equipment budget for the community center was $300 and $5,000 was spent. Finance Director Hansen indicated an event was hosted that had a customer who wanted some specific piece of equipment rented. He then indicated that the customer was charged the full cost of the rental. Council Member Marty asked whether the $255,000 under MSA construction was for County Road H2. Finance Director Hansen indicated the bulk of that is H2. Council Member Marty asked about the utility distribution for water service repair. Public Works Director Lee indicated that was for water service to the homes. Council Member Marty indicated that the budget shows nothing but the City is collecting money on the water bills for this fund. Finance Director Hansen indicated that the 2002 budget did not have the cost broken down and he is attempting to do that for 2003. Council Member Marty commented that water tower rental revenue was significantly off. He then commented that wireless internet service would be coming and may be a revenue source. Mayor Sonterre indicated he and Jim had discussed that recently and some providers have not set up the network and another is utilizing existing cell tower bandwidth. Council Member Marty asked why the golf course other professional services was over budget. Finance Director Hansen indicated the bulk of the overage could be attributed to the legal costs related to the dispute with the department of transportation on the billboards and Clear Channel is reimbursing the City for the costs but there are a couple of months lag time. Mayor Sonterre commented that every other category in the golf course budget is from two times under budget to three times under budget. Council Member Marty commented that it is not just the golf course but almost all of the City departments. He then said the employees are doing a great job here as just about all of the expenses are under budget and under what was spent last year. Mounds View City Council October 28, 2002 Regular Meeting Page 16 Council Member Thomas asked Staff to schedule a work session in the future to educate Council on the GASBY reporting system. Mayor Sonterre indicated the depth and clarity of the reports from Mr. Hansen is amazing and he sincerely appreciates having a better financial picture. G. 2003 Street Improvement Project – Resolution No. 5870, Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection. Public Works Director Lee provided a brief report concerning the 2003 street improvement project and indicated that Staff recommends selecting Bonestroo, Rosene as the City’s consultant on the matter. MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 5870, a Resolution Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection. Council Member Marty thanked Mr. Lee for getting on this project so the City can work on its streets while bonding rates are low. Mayor Sonterre commented that a little less than two years ago Mr. Lee’s predecessor came before Council with an opinion on what streets need work and his opinion is the opposite of what is being recommended. Public Works Director Lee indicated he used the same data as was used by his predecessor. He then explained that due to the known resistance to the street project in the northern parts of the City he recommends another portion of the City given the fast track of the project. He further commented that Staff would evaluate and come up with a long range plan for years 2004 through 2009. Council Member Marty indicated that Mr. Lee had also pointed out that due to the proximity of the Silver View condos it would keep construction in same area for the zones. Public Works Director Lee indicated that the City was looking at a mill and overlay on Mounds View Drive and Lake Court Circle and Drive and that would be incorporated into this project. Council Member Quick asked if Bonestroo was on the City’s list of consultants. Public Works Director Lee indicated that Bonestroo was on the list of consultants. Council Member Stigney asked if the PCI had changed. Public Works Director Lee indicated the data was collected in 1999 and has not changed. He then said that in 2003 the City would update the PCI’s for a clearer picture. Mounds View City Council October 28, 2002 Regular Meeting Page 17 Ayes – 5 Nays – 0 Motion carried. H. Water Tower Rehabilitation Project – Resolution No. 5871, Approving of the Preliminary Feasibility Report, Waive Public Improvement Hearing, Order the Project, Approve Execution of a Supplemental Letter of Agreement with Short Elliott Hendrickson Inc., Authorize the Preparation of Plans and Specifications. Public Works Director Lee reviewed the water tower rehabilitation project and recommended approval of Resolution 5871. Mayor Sonterre indicated there would be joint sealing to the interior structures as well as spot coating repair to the wet coating and exterior coating of the water tower. Council Member Marty asked for confirmation that a public improvement hearing was not required. City Attorney Riggs confirmed that a public improvement hearing was not required. Council Member Marty asked whether the City would incur additional costs in repairs by waiting until fall of 2003. Public Works Director Lee indicated the report stated the City could wait up to 24 months to complete the project and fall of 2003 would be 24 months. Council Member Thomas asked whether there was a built in inflationary for the construction increases. Public Works Director Lee indicated that there was a 10% contingency added but said he would bump the number up to include the increased cost of construction. Council Member Thomas asked Staff to determine what the percentage increase would be and report back to Council. MOTION/SECOND: To Waive the Reading and Approve Resolution 5871, a Resolution Approving the Preliminary Feasibility Report, Waiving the Public Improvement Hearing, Ordering the Project, Approving the Execution of a Supplemental Letter of Agreement with Short Elliott Hendrickson, Inc., and Authorizing the Preparation of Plans and Specifications. Ayes – 5 Nays – 0 Motion carried. I. 2002 Well Rehabilitation Project – Resolution No. 5872, Waive Public Improvement Hearing, Order the Project, Authorize the Preparation of Plans and Specifications. Council recessed at 9:00 p.m. Mounds View City Council October 28, 2002 Regular Meeting Page 18 Council reconvened at 9:05 p.m. Public Works Director Lee reviewed the 2002 well rehabilitation project with Council and recommended using the $30,00 earmarked for well maintenance as well as $25,000 from the enterprise fund to do two wells in 2003. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 5872, a Resolution Waiving the Public Improvement Hearing, Ordering the Project, and Authorizing the Preparation of Plans and Specifications. Ayes - 5 Nays – 0 Motion carried. J. Resolution 5873, Purchase of Used Mini-Pumper Nyle Zikmund reviewed his Staff report and explained the circumstances surrounding the request for the purchase of the minipumper. Council Member Marty asked if the pumper could be hooked to a hydrant. Chief Zikmund indicated that the minipumper could be hooked to a hydrant to run one line. He also explained that the truck could pump and roll while working a grass fire. Council Member Marty asked for an explanation on the proposed financing of the minipumper. Finance Director Hansen explained that the certificate of indebtedness would be issued in 2003 for repayment in 2004 and is allowed by the state. Council Member Stigney asked what would happen with station 4. Chief Zikmund indicated that there are no volunteers that are able to respond to station 4 during the business day so the minipumper would be stationed at Blaine City Hall where there are 10 employees that can respond. Council Member Stigney asked whether there would be increased operational costs for maintaining the pumper. Chief Zikmund indicated the pumper would become part of the overall budget. He then indicated that Blaine would be absorbing the cost of housing the vehicle in part of the new police garage. Mayor Sonterre asked if there would be a reduction in the operation costs for station 4 because of this purchase. Mounds View City Council October 28, 2002 Regular Meeting Page 19 Chief Zikmund indicated that if this were not done there would be increased costs for a duty crew for 30 hours per week which would amount to $30,000 annually and is not a very efficient use of funds. MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 5873, a Resolution Authorizing the Purchase of a Used Mini-Pumper. Ayes – 5 Nays – 0 Motion carried. K. Consideration of Innovative Images, LLC Mounds View Community Center Banquet Facility Proposal to Dismiss all Claims Against the City of Mounds View. City Attorney Riggs indicated he received a letter from Mr. Halva representing Innovative Images and had received instruction from Council to review the information for a recommendation of the appropriate resolution. He then said he had discussed this matter with Mr. Linke who had asked that it be stated that there are no outstanding claims against the City. City Attorney Riggs indicated that after reviewing the case his recommendation would be to counteroffer with the $686.00, as that appears to be the amount the City owes to Innovative Images based on the records that are available. He then noted that records were reconstructed during the MMKR audit of City contracts. MOTION/SECOND: Quick/Stigney. To Direct Legal Counsel to Counter Offer $686.00 to Innovative Images, LLC to Dismiss All Claims Against the City. Council Member Stigney asked for clarification of the recommendation. City Attorney Riggs clarified that, based on the records available, he has determined that the City owes Innovative Images $686.00 not the $7,500 requested. Council Member Quick asked how much the first settlement request was. City Attorney Riggs indicated there have been a couple of different ones but one was over $100,000. Council Member Marty commented that it has been brought up that as far as what was owed to whom and why and it seems a logical argument that the company or organization that went out and solicited and booked the events would have some claim. City Administrator Miller indicated the numbers that MMKR put together were based on the contract and their interpretation of it. Council Member Stigney asked whether City Attorney Riggs agreed with MMKR’s conclusion. Mounds View City Council October 28, 2002 Regular Meeting Page 20 City Attorney Riggs indicated the language of the contract states the completion date of the matter. Council Member Marty asked if there was room for interpretation. City Attorney Riggs said, “that is what the contract says.” Ayes – 5 Nays – 0 Motion carried. 8. SPECIAL ORDER OF BUSINESS A. Resolution 5866, a Resolution Recognizing Dan Coughlin for Service on the Park and Recreation Commission. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5866, a Resolution Recognizing Dan Coughlin for Service on the Park and Recreation Commission. Ayes – 5 Nays – 0 Motion carried. B. Resolution 5865, A Resolution of Appreciation to Mark Pothen for Service on the Park and Recreation Commission. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5865, a Resolution of Appreciation to Mark Pothen for Service on the Park and Recreation Commission. Ayes – 5 Nays – 0 Motion carried. Council Member Marty pointed out that there have been a number of other people in the City that have not had a Resolution prepared for them. Mayor Sonterre agreed and asked that the Staff liaison prepare the Resolutions when there is a change in membership. C. Resolution 5864, a Resolution Appointing a Chair and Vice Chair for the Park and Recreation Commission. Assistant City Administrator Reed read Resolution 5864. MOTION/SECOND: Marty/Stigney. To Approve Resolution 5864, a Resolution Appointing a Chair and Vice Chair for the Park and Recreation Commission. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council October 28, 2002 Regular Meeting Page 21 9. REPORTS Assistant City Administrator Reed indicated Ramsey County would be providing information with regard to the senate race and absentee ballots. She then indicated that a supplemental ballot would be available at the earliest November 2, 2002 and residents could vote November 2, November 4, and November 5, election day. Council Member Thomas asked Ms. Reed to walk through the guidelines for absentee ballots for those that sent them in. Assistant City Administrator Reed indicated that residents could come and pick up a new supplemental ballot or come to the election on November 5, 2002. She then explained that the absentee ballots would be counted after the polls are closed and compared against the roster, if the person came in and voted then the absentee would be thrown out, if the ballot is not recast then the vote for Senator Wellstone would be discarded. Council Member Quick asked if the new candidate could be written in if the ballots had not already been turned in. Council Member Stigney asked if one of the election judges or someone from the City would be bringing over supplemental ballots to the assisted living facility. Assistant City Administrator Reed indicated she was not sure how that was handled in the past and said she would check with the election judges and Ramsey County. Assistant City Administrator Reed asked residents to contact her or Ramsey County with election questions and gave those telephone numbers. Assistant City Administrator Reed indicated there was a concern regarding the purchase of food for the election judges and asked for authorization to provide food for the election judges. Council agreed that it would be fine to purchase food for the election judges. Assistant City Administrator Reed indicated she had received Jim Atkinson’s resignation effective November 8, 2002. Mayor Sonterre thanked Public Works Director Lee and his Staff for the use of a boom truck so that he could take video of the signal crossings at Silver Lake Road and County Highway 10 as well as at County Road H. He then said that the video would be sent to Ramsey County with a request for a modification to the traffic signals. Mayor Sonterre indicated he had received a memo from the League of Minnesota Cities indicating that it seems likely that there would be a decrease in local government aid as suspected by the City. He then explained that the state is able to defer local government aid payments to a time when the economic situation is better. Mounds View City Council October 28, 2002 Regular Meeting Page 22 Mayor Sonterre asked residents to read the Mayor’s message in Mounds View Matters because it provides information on a developing project with National Citizen Corporation to aid the City through the use of skilled and qualified residents in times of tragedy. He then said he would be seeking qualified individuals to participate in the program. Mayor Sonterre indicated that last week was the North Metropolitan Mayor’s Association monthly meeting and the topic was an interview with Senator Wellstone and Norm Coleman. He then said that Coleman did not attend but Senator Wellstone did. He further stated that he was able to sit down with Senator Wellstone for 10 or 15 minutes after the meeting to discuss issues with him and that makes his untimely death all the more real and personal for him. 10. APPROVAL OF MINUTES A. Minutes for October 14, 2002 Council Member Marty requested the following changes: On Page 1 middle of page add (closed session). On Page 4 correct $3,680 to $36.80. On Page 9, second paragraph last line, change to $100.00 per month. On page 17, center paragraph add, “to be aired on their local government access channel.” Correct SCH to SEH. Council Member Thomas requested the following changes: On Page 6 at end of sentence indicate that “the City has no authority for new traffic laws on a state highway.” On Page 7 add “or a special construction schedule for traffic safety concerns.” MOTION/SECOND: Marty/Stigney. To Approve the Minutes of the City Council for October 14, 2002 as Amended. Ayes – 5 Nays – 0 Motion carried. 11. CLOSED SESSION None. 12. Next Council Work Session: Monday, November 4, 2002 Next Council Meeting: November 12, 2002 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at 9:53 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.