HomeMy WebLinkAboutAgenda Packets - 2001/07/23Item No. 6B
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council
From: Barb Benesch
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Meeting Date: July 23, 2001
Please consider the following contractor licenses for approval. The licenses listed will
expire on December 31, 2001. All applicants have submitted appropriate fees and
proof of insurance. Licenses are noted with a “New” or “Renewal” after the company
name. Those licenses defined as “new” include all 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 2000. Those defined as “renewal” were licensed in the year 2000.
ASPHALT
Czars of Tar – New
GENEAL (COMMERCIAL)
AllWeather Roof - Renewal
Skyline Roofing, Inc. – New
Lindstrom’s – New (NEED INSURANCE)
Nelsen Roofing – New (NEED INSURANCE)
Staff Recommendation: Approve license applications as requested.
Item No.6F
Type of Business:CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant to the City Administrator
Item Title/Subject: Consideration of Resolution 5590 Approving a
Tobacco License for Walgreens #06447
Date of Report: July 23, 2001
Staff recommends that the Council approve a tobacco license for the new
Walgreens at 2387 Highway 10. The appropriate application materials, fee and
proof of workers compensation insurance have been submitted. The licensing
period would be July 24, 2001-June 30, 2002.
Respectfully Submitted,
Givonna Reed
RESOLUTION 5590
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A Resolution Approving a Tobacco License for
Walgreens (2387 Highway 10) for July 24, 2001 -June 30, 2002.
WHEREAS, Walgreens recently submitted an application for a new
tobacco license; and
WHEREAS, the licensing period would be July 24, 2001- June 30, 2002;
and
WHEREAS, all City of Mounds View business licenses must be approved
by the City Council.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council does hereby approve a tobacco license for Walgreens #06447 at 2387
Highway 10
Adopted this 23rd day of July, 2001.
ATTEST:
Richard Sonterre, Mayor
SEAL
Kathleen Miller, City Administrator
Motion by:
Second by:
Sonterre
Quick
Stigney
Marty
Thomas
Item No: 7A
Meeting Date: July 23, 2001
Type of Business: CB City of Mounds View Staff Report
To: Honorable Mayor & City Council
From: James Ericson, Community Development Director
Item Title/Subject: Approval of Resolution 5584, a Resolution Adopting
the Updated Mounds View Comprehensive Plan
Date of Report: July 23, 2001
Background:
After many months of continuous review, multiple public meetings, open houses and
public hearings, the Mounds View Planning Commission approved the draft
Comprehensive Plan on February 16, 2000 and forwarded it and its recommendation to
the City Council. On February 28, 2000, the City Council accepted the draft plan and
authorized its release to adjoining communities and the Met Council. On November 8,
2000, the Metropolitan Council approved the Plan. The City Council reviewed the draft
Comprehensive Plan at meetings on June 4 and June 11, 2001, and held a public
hearing for the Comprehensive Plan on July 9, 2001. At that meeting, staff was directed
to bring the Plan back before the Council on July 23, 2001 for final its final adoption.
Discussion:
As mentioned in previous meetings, even though the previous Comprehensive Plan had
been last officially revised in 1979, many of the goals and principles contained in that
document were carried forward with the updated Plan. The data and statistics in the
updated Plan, however, are the most current possible, utilizing and benefiting from the
work of the North Metro I-35W Corridor Coalition as well as the just-released Census
2000 data. Staff indicated that it had asked a local statistician to review the Plan and
update the Census, demographics and housing data, if need be. Staff has not yet
received the final report of the statistician, however if any changes are suggested, they
would not alter the goals, principles and overall intent of the Plan.
Also stated at previous meetings regarding the Comprehensive Plan, it was pointed out
that the Plan represents our future “vision” of how Mounds View will develop and grow, to
whatever extent it can, being a nearly-fully developed community. The Plan will serve as
the City’s guiding document, its “blueprint” for redevelopment. The goals and principles
contained in the plan, as well as the future land use map, represent how we today
envision the future of the community. The document, by necessity, should be fluid and
flexible as opposed to rigid and uncompromising. It would be impossible to attempt to
predict all of the potential redevelopment scenarios that could happen in Mounds View,
especially given the changing market conditions. Because the free market typically
drives development and redevelopment, amendments to the Comprehensive Plan should
be considered on a case-by-case basis and approved only when such an amendment
would in the best interest of the community.
Recommendation:
Comp Plan Report
July 23, 2001
Page 2
While staff will be available to answer any questions the Council or members of the
public may have regarding the draft Comprehensive Plan, staff recommends that the City
Council approve Resolution 5584, a resolution adopting the updated Comprehensive
Plan including the potential revisions to the demographics and statistics presented
therein.
Copies of the executive summary will again be available for public review, as will the
existing land use map and the future land use map. The Council should bring their
copies of the draft Comprehensive Plan for reference.
_____________________________________
James Ericson
Community Development Director
763-717-4021
N:\DATA\GROUPS\COMDEV\Special Projects\Sp065.98 (Comp Plan)\Report - July 23, 2001.doc
RESOLUTION NO. 5584
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING THE REVISED AND UPDATED MOUNDS VIEW
COMPREHENSIVE PLAN; SPECIAL PLANNING CASE NO. SP-065-98
WHEREAS, the current and official City of Mounds View Comprehensive Plan was
adopted in 1979; and,
WHEREAS, Minnesota statutes require that cities review and revise their
comprehensive plans for consistency with Metropolitan Council policy plans; and,
WHEREAS, on February 16, 2000, the Mounds View Planning Commission
approved revisions to the Comprehensive Plan, forwarding it and their recommendation
to the City Council; and,
WHEREAS, on February 28, 2000, the Mounds View City Council accepted the
revised Comprehensive Plan and authorized its release to adjoining communities and the
Metropolitan Council; and,
WHEREAS, on November 8, 2000, the Metropolitan Council approved the City’s
revised Comprehensive Plan; and,
WHEREAS, on July 9, 2001, the Mounds View City Council held a public hearing
to present the revised Comprehensive Plan to the residents of the community.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mounds View does hereby approve the revised Comprehensive Plan subject to final
review (and revision if necessary) of the statistics and demographic information
contained therein.
NOW THEREFORE BE IT FURTHER RESOLVED, that the City Council does
hereby direct staff to forward two copies of the revised Comprehensive Plan and a copy
of this resolution to the Metropolitan Council and hereby authorizes the distribution of
the Plan to neighboring communities and to make copies available for general public
viewing at Mounds View City Hall and the Mounds View Branch of the Ramsey County
Public Library.
Resolution 5584
Page 2
Adopted this 23rd day of July, 2001.
_________________________________
Richard Sonterre, Mayor
ATTEST:
_________________________________
Kathleen F. Miller, City Administrator
(SEAL)
Motion: _______
Second: _______
Sonterre:
Stigney:
Quick:
Marty:
Thomas:
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Item No. 7B
Meeting Date: July 23, 2001
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mounds View Mayor and City Council
From: Aaron Parrish, Economic Development Coordinator
Item Title/Subject: Consider Approval of Resolution 5587, A Resolution Approving and
Awarding Construction Bid for City Project 01-06, Edgewood Middle
School Regional Pond.
Date of Report: July 17, 2001
Background:
In conjunction with the expansion/redevelopment of the Mermaid property, a regional storm water
retention pond has been proposed off of County Road H. More specifically, the pond is proposed to
be located on property owned by the Metropolitan Council and the Mounds View Public School
District (Edgewood Middle School).
At a Special City Council Meeting held on June 18th, 2001, the Council authorized staff to advertise
for bids for the project. In accordance with our City Code, the following schedule is being adhered
to:
• Bid Advertisement Published: June 28th, 2001
• Bid Deadline: July 19th, 2001
• Bid Award Date: July 23rd, 2001 Council Meeting
Since the deadline to submit bids is not until Thursday July 19th, 2001, a bid sheet could not be
enclosed for your review. This item along with a resolution awarding the project will be sent out via
e-mail sometime on Friday once the bids are evaluated. A hard copy will also be placed in your
boxes.
Finally, per Council direction, staff has discussed the possibility of financial participation with the
benefiting property owners. The owners of Herbst and Pettibone have agreed to contribute
approximately $4,860 to the project. Financial participation by the Rice Creek Water Shed District is
still being discussed.
Necessary Actions:
1. Consider Approval of Resolution 5587, A Resolution Approving and Awarding Construction Bid
for City Project 01-06, Edgewood Middle School Regional Pond.
______________________________________
Aaron Parrish, Economic Development Coordinator
(763) 717-4029
Item No. 7C
Staff Report No.
Meeting Date: July 23, 2001
Type of Business: C.B.
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: Michael Ulrich, Director of Public Works
Item Title/Subject: Consideration of Resolution No. 5588, Establishing Parking
Restrictions on Quincy Dr., Between Co. Rd. I and Bronson Dr.
Date of Report: August 29, 2018
Staff met with the committee that was established to evaluate the parking and pedestrian
concerns on Quincy Street, in concert with the expansion of Pinewood Elementary School. It was
suggested that a survey be sent to the residents of Quincy between Co. Rd. I and Bronson Drive
to inquire about their preferences for possible parking restrictions. Nineteen property owners
were sent a simple questionnaire that stated, “ Are you in favor of Parking Restrictions on the
West side of Quincy from 9:00am to 4:00pm, or are you not in favor of these restrictions.
Staff received 15 of a possible, 19 responses from the survey, 13 of which were in favor of the
proposed restrictions, one adding “School Days” to the response. Staff is recommending Council
impose the parking restrictions on the west side of Quincy Street from County Road I to Bronson
Drive, from 9:00am to 4:30pm, School Days.
RECOMMENDATION: Council approves Resolution No. 5588, Restricting Parking on Quincy
Street.
_________________________________
Michael Ulrich, Director of Public Works
\\Ntserver\CityHall\DATA\GROUPS\PUBWORKS\Mike's documents\staff reports\Quincy St Parking Restr.doc
City of Mounds View Staff Report
August 29, 2018
Page 2
RESOLUTION NO. 5588
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ESTABLISHING PARKING RESTRICTIONS ON QUINCY STREET
WHEREAS, the City Council of the City of Mounds View, has reviewed options for improved traffic
control, pedestrian safety and parking on Quincy Street between County Road I and Bronson Drive, in conjunction
with the building expansion of Pinewood Elementary School and;
WHEREAS, a committee was established to work with the residents, school officials, the architect and city
representatives to review and recommend potential solutions to these issues and;
WHEREAS, the committee suggested a questionnaire be sent to the residents on Quincy in this area to
inquire about their preferences regarding possible parking restrictions and;
WHEREAS, 19 survey were sent to the residents resulting in 15 responding, with 13 in favor of restricted
parking on Quincy Street during specific hours and on school days and;
WHEREAS, based on the survey results, it is recommended that parking restrictions be applied to the west
side of Quincy Street from 9:00am to 4:30pm, School Days, from County Road I to Bronson Drive.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View authorizes parking
restrictions on the west side of Quincy Street from 9:00am to 4:30pm, School Days, from County Road I to Bronson
Drive.
Adopted this 23th day of July, 2001.
ATTEST: ______________________________
MAYOR
______________________________
CITY ADMINISTRATOR
(SEAL)
\\Ntserver\CityHall\DATA\GROUPS\PUBWORKS\Mike's documents\projects\Quincy Parking Restr.doc
Motion: ______________
Second: ______________
Sonterre: aye nay
Stigney: aye nay
Quick: aye nay
Marty: aye nay
Thomas: aye nay
Item No. 7D
Staff Report No.
Meeting Date: July 23, 2001
Type of Business: C.B.
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: Michael Ulrich, Director of Public Works
Item Title/Subject: Consideration of City Hall Boiler Quotes
Date of Report: August 29, 2018
Staff requested quotes from contractors for the replacement and updating of the City Hall Boiler
system. Based upon the substantial differences in the low quote and the next lowest quote, staff
requested additional information from all of the contractors. The second low bidder and the
lower bidder did adjust the bid, whereas the initial high bid remained the same. The bid
submitted by the low bidder still does not meet with the City’s specifications and request for
additional information. Staff recommends this quote be rejected for not complying with the
specified equipment requested. The bids are as follows:
McQuillan Bros. $18,100.00 Quote rejected
Lakes Air Heating & Cooling $24,650.00
Paul Falz Co. $33,815.00
This replacement will provide the City Hall building with an energy efficient heating system with
a design life expectance of 25 years. Omitted from each bid is the abatement of asbestos
insulation from the heating pipes in the project area. Staff is estimating that this expense will be
approximately $1,000.00.
RECOMMENDATION: Council reject the apparent low quote for not complying with the
specifications and award the replacement of the City Hall boiler system to Lakes Air Heating &
Cooling, to be funded from the General Fund Contingency Fund. An estimated $1,000.00 for
asbestos abatement will also be funded from the GF Contingency Fund.
_________________________________
Michael Ulrich, Director of Public Works
\\Ntserver\CityHall\DATA\GROUPS\PUBWORKS\Mike's documents\staff reports\City Hall Boiler Quote.doc
Item No. 7E
Staff Report No.
Meeting Date: July 23, 2001
Type of Business: C.B.
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: Michael Ulrich, Director of Public Works
Item Title/Subject: Consideration of City Hall & Community Center Sealcoat
Quotes
Date of Report: August 29, 2018
Staff received two quotes to perform the sealcoating of the Community Center and City Hall
Parking lots.
Gopher State Sealcoat $16,630.90
Road Surfacing Technologies $18,213.00
Staff is recommending the award to Road Surfacing Technologies. This company utilizes a wider
spreader which will create less seams in the application and a double seal for additional
thickness, which can extend the wearability of the seal. This project will be funded from the
Pavement Management program budget, 100-4470-7050.
RECOMMENDATION: Council award the sealcoat project of City Hall and Community
Center Parking Lots to Road Surfacing Technologies for a sum of $18,213.00 to be funded from
the Pavement Management program budget, 100-4470-7050.
_________________________________
Michael Ulrich, Director of Public Works
\\Ntserver\CityHall\DATA\GROUPS\PUBWORKS\Mike's documents\projects\City hall Comm Center Sealcoat.doc
Item No.7F
Type of Business:CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant to the City Administrator
Item Title/Subject: Update Regarding Lake Region Hockey’s
Application to Conduct Charitable Gambling at
Robert’s Off 10
Date of Report: July 23, 2001
Background
The Council will recall that at the July 9, 2001 Council meeting there was a
recommendation from staff that the Council approve a license for Lake Region
Hockey to conduct charitable gambling at Robert’s Off 10. Council Member
Marty pulled this item off the consent agenda and Jerry Linke, a member of the
Lions, approached the Council and indicated that the Lions had a charitable
gambling license at Robert’s, and therefore, a charitable gambling license could
not be granted to Lake Region Hockey.
At that time the Council recessed and staff produced a signed application from
the owner of Robert’s Off 10, Mr. Bob Waste, indicating that he had entered into
a lease agreement with Lake Region Hockey to conduct charitable gambling at
Robert’s Off 10. The item was tabled to allow staff time to further research the
matter.
Findings
Shortly after the July 9th City Council meeting I spoke with Bob Waste and
representatives of Lake Region Hockey and the Alcohol and Gambling
Enforcement Division. A representative of Lake Region Hockey indicated that
Lake Region was approached by a member of the Waste family and was asked
to conduct charitable gambling at Robert’s Off 10.
Mr. Waste confirmed the information I received from Lake Region Hockey and
indicated that it was, in fact, his intent to terminate his lease agreement with the
Lions. He mentioned that there were some problems with the way the Lions
conducted business which is why he sought to terminate their lease and contract
with Lake Region Hockey.
The Alcohol and Gambling Enforcement Division has advised that it is possible
for Mr. Waste to terminate his lease agreement with the Lions. The City and
County would need to receive written notice of termination from Mr. Waste.
Mr. Waste has advised me that since the July 9th Council meeting he has
changed his mind about terminating the lease with the Lions. The Lions have
agreed to make some changes and, consequently, will continue to offer
charitable gambling at Robert’s Off 20. Per the City Attorney’s recommendation I
have asked Mr. Waste to submit a letter to the City indicating that he wishes to
continue his partnership with the Lions.
Staff was not aware of the existence of the Lions’ charitable gambling license
(expires Jan. 31, 2001) because the application materials and license certificate
are not on file with the City. There are, however, official minutes and an
approved resolution indicating that the Lions’ application was approved by the
City Council in November 1999.
Recommendation
The City Attorney has advised that upon receipt of the letter from Mr. Waste
indicating that he intends to continue his relationship with the Lions rather than
lease space to Lake Region Hockey the Council should “deny” the application
from Lake Region Hockey based on the lack of valid application.
At this time staff has not received the letter from Mr. Waste. If the letter has not
been received at the time of the July 23rd Council Meeting the item will be
brought back to a future meeting.
Respectfully Submitted,
Givonna Reed
From: Reed, Givonna
Sent: Saturday, July 21, 2001 12:15 AM
To: Babekuhl, Joan; *MV_Council; 'Gary Quick (E-mail) '; 'Joan Lenzmeier
(E-mail) '; 'Scott Riggs (E-mail) '; 'TimeSaver1@aol.com (E-mail) '
Cc: Reed, Givonna
Subject: Item 7G--July 23, 2001 City Council Packet Item
Council,
here's the report and contract for the seasonal golf instructor. Sorry for the delay. My server has been down. I'm
sending the document in text format because it may not go through as an attachment.
Givonna
612-581-4730
Item No. 7G
Type of Business:CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Givonna Reed, Assistant to the City Administrator
Item Title/Subject: Compensation for Seasonal Golf Instructor
Date of Report: July 23, 2001
Background
This item is before the Council in an attempt to correct a situation where golf instructors at The Bridges were being paid
under an unapproved 70/30 policy. The goal is to put policies in place that will allow The Bridges to operate as
efficiently as possible over the next several months. After a new Golf Course Manager is hired, the individual in the
position will have an opportunity to take a close look at operations and staffing and determine whether and what
additional changes are needed.
There has been some discussion regarding whether there is really a need to have four individuals giving private lessons
at The Bridges. The Clubhouse Manager has provided me with the following “rough” breakdown for private, semi-
private and group lessons:
· Clubhouse Manager/Head Pro: 30%
· Asst. Clubhouse Manager/Asst Pro: 30%
· Clubhouse Employee/Apprentice Pro: 20%
· Seasonal Golf Instructor: 20%
The Clubhouse Manager has advised that the Seasonal Golf Instructor position is needed because the position covers
lessons that the other employees cannot cover, provides necessary relief for Junior Golf lessons (to be discussed later in
this report), and brings in a clientele that would otherwise have no exposure to The Bridges.
Moving Forward
At the July 9th City Council meeting the Council gave direction to create an independent contract for the Seasonal Golf
Instructor mentioned above. An independent contract is not the only way to compensate this position; however, it
appears to be practical and to be in the City’s best interest.
The rationale for an independent contract are as follows:
1. An independent contract protects the City from claims for employee benefits, unemployment compensation and
workers’ compensation coverage.
2. The City Attorney and Labor Relations Associates have advised that creating an independent contract adequately
resolves the nepotism issue.
3. An independent contract puts the responsibility for tax reporting on the independent contractor. The City would
not be liable for any unreported revenues generated from lessons (i.e. tips).
4. Positions covered under independent contracts are not included in the City’s pay equity report.
Compensation
The staff recommendation presented at the July 9th Council meeting was that the Council allow the instructor to keep
100% of the fees generated from lessons less the cost of range balls and that the instructor not participate in the Junior
Golf program. Since the July 9th meeting staff has become aware of additional information that makes it necessary to
modify the July 9th recommendations:
1. The City Attorney has advised that the City must receive some form of compensation from an independent
contractor for use of the course. Further, compensation to the City should cover costs associated with use of the course
outside of the actual lesson being provided (i.e., use of the driving range, parking lot, restrooms, golf balls, etc.).
2. The Clubhouse Manager has indicated that the City does not have another golf instructor on staff who can cover
the Junior Golf lessons currently being provided by the Seasonal Golf Instructor.
Recommendation
Based on the new information staff is proposing the following compensation structure with the approval of the City
Attorney and Labor Relations Associates:
· For Private, Semi-Private and Group Lessons the independent contractor will pay the City 30% of all revenues
generated from fees for golf lessons and will keep the remaining 70%.
· For Junior Golf Lessons the independent contractor will receive $5.00 per student per lesson at the end of the eight-
week program.
Respectfully Submitted,
Givonna Reed
Assistant to the City Administrator
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made, effective as of this 23rd day of July, 2001, by and between the City of Mounds
View, located at 2401 Highway 10, Mounds View, Minnesota 55112 (hereinafter "City") and Jim Manthis, of
_______________________________, ___________________, Minnesota _______ (hereinafter "Professional").
WITNESSETH:
WHEREAS, City desires to engage the services of Professional to administer private, semi-private, and group
lessons and lessons for the Junior Golf program as necessary, on an interim basis; and
WHEREAS, Professional has expressed his willingness to provide such services;
NOW, THEREFORE, the parties hereto do mutually agree as set forth below:
A. Professional Services. Professional shall perform private, semi-private, and group lessons and lessons for the
Junior Golf program as necessary within his expertise. It is understood between the parties that such services
specifically may include use of the practice range for private lessons and use of the practice range and greens for the
Junior Golf program. The Professional shall report directly to the Clubhouse Manager.
B. Compensation. Professional will render services to City on a per lesson basis. The Professional will determine
the cost for private, semi-private and group golf lessons.
· For Private, Semi-Private and Group Lessons the Professional will pay the City 30% of revenues generated from
fees for golf lessons provided by the Professional. Students will pay the City directly for lessons and the Professional
will invoice the City for 70% of gross revenues generated from the golf lessons provided by the Professional.
· For Junior Golf Lessons the independent contractor will receive $5.00 per student per lesson at the end of the eight-
week program.
C. Insurance. Professional shall maintain:
1. Workers' compensation insurance in compliance with all applicable statutes; and
2. Professional, automobile, contract, and general liability insurance in amounts and in forms satisfactory to
City.
D. Independent Contractor Status. All services provided by Professional pursuant to this Agreement shall be
provided by Professional as an independent contractor and not as an employee of the City for any purpose, including but
not limited to:
1. Income tax withholding;
2. Workers' compensation;
3. Unemployment compensation;
4. FICA taxes;
5. Liability for torts; and
6. Eligibility for employee benefits.
E. Hold Harmless; Indemnification. The Vendor shall defend, indemnify and hold harmless the City, its elected
officials, officers, employees, agents and representatives, from and against any and all claims, costs, losses, expenses,
demands, actions or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation,
which may arise out of this Agreement for services provided by the Vendor hereunder. Nothing in this paragraph shall
be deemed to be a waiver by the City of any limitations on or immunities from liability set forth in Minnesota Statutes,
Chapter 466, or otherwise.
F. Termination. This Agreement shall continue in effect until its termination or renegotiation as provided herein.
Either party hereto may otherwise terminate this Agreement by providing ten (10) business days written notice of its
intent to so terminate to the other party. This Agreement may be renegotiated or otherwise amended at any time by
mutual written agreement of the parties.
G. Effective Date. This agreement shall be effective July 23rd, 2001 and shall continue to October 15, 2001.
H. Data Practices Act Compliance. Data provided to Professional under this Agreement shall be administered in
accordance with Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with
statutory guidelines.
I. Work Products. All records, information, materials and other work products prepared and developed in connection
with the provision of services hereunder shall become the exclusive and confidential property of City. No such products
shall be made available to any other individual or organization by Professional without prior approval of City.
J. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties
shall constitute the entire agreement between City and Professional, and supersedes any other written or oral agreements
between City and Professional. This Agreement can only be modified in writing signed by City and Professional.
K. Execution in Counterparts. This Agreement may be executed in counterparts by the parties hereto.
L. No Third Party Rights. Nothing in this Agreement shall be construed to create any right in any person or entity
not a party hereto.
M. Assignment. The rights and obligations of Professional pursuant to this Agreement are not to be assigned absent
the written consent of the City.
N. No Joint Venture or Partnership Created. This Agreement shall not be construed to create a joint venture or
partnership between the parties hereto.
O. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of
the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state
or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts,
whether based on convenience or otherwise.
IN WITNESS WHEREOF, City and Professional have executed this Agreement the day and year first above
written.
CITY OF MOUNDS VIEW
Dated: _________________ By: __________________________________
Richard Sonterre, Mayor
Dated: _________________ By: __________________________________
Kathleen Miller, City Clerk-Administrator
PROFESSIONAL: JIM MANTHIS
Dated: _________________ By: __________________________________
RESOLUTION NO. 5591
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING A FEASIBILITY STUDY FOR THE
MILL AND OVERLAY OF MOUNDS VIEW DRIVE
WHEREAS, the City Council of the City of Mounds View has initiated the process
established by the current Street Policy for consideration of the mill and overlay of Mounds
View Drive and;
WHEREAS, a feasibility study is necessary and required to continue with this project
and;
WHEREAS, a feasibility study will provide a means to obtain a cost estimate,
($55,500.00), which shall set forth the cost of the improvement in both unit price, total cost, and
an estimated mock assessment roll.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds
View authorizes the City’s consulting engineers, SEH to proceed with development of a
feasibility study for mill and overlay of Mounds View Drive.
BE IT FURTHER RESOLVED THAT, the feasibility study will provide a means to
obtain a cost estimated which shall set forth the cost of the improvement in both unit price, total
cost, and an estimated mock assessment roll.
Adopted this 23rd day of July, 2001.
ATTEST: ______________________________
MAYOR
(SEAL) ______________________________
CITY ADMINISTRATOR
Motion: ______________
Second: ______________
Sonterre: aye nay
Stigney: aye nay
Quick: aye nay
Marty: aye nay
Thomas: aye nay
C:\Mike's documents\projects\H2 Street Project\Feaibility Resol 5515.doc
RESOLUTION NO. 5592
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION SETTING A PUBLIC HEARING FOR
COUNTY ROAD H2 RECONSTRUCTION
WHEREAS, the City of Mounds View is considering to reconstruct
County Road H2 from County Highway 10 to Pleasantview Drive and;
WHEREAS, this road is a Ramsey County Turnback road and;
WHEREAS, this project will include total street reconstruction in
accordance with Minnesota State Aid Standards which will include, storm sewer construction,
sidewalk construction, water main installation and;
WHEREAS, this project is proposed to be assessed in accordance with
Chapter 202 of the Municipal Code and:
WHEREAS, the City Council has ordered a feasibility study to include
cost estimates in unit prices and total project cost and:
WHEREAS, the estimated total cost of the improvement derived from the
feasibility study is $1,704,760.00 and;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Mounds View sets a public hearing on September 10, 2001 at 7:05 pm, to be held at
Mounds View City Hall, 2401 Hwy 10, Mounds View MN. 55112, to consider the reconstruction
of County Road H2 from County Highway 10 to Pleasantview Drive
Adopted this 23rd day of July, 2001.
ATTEST: ________________________________
MAYOR
(SEAL) ________________________________
CITY ADMINISTRATOR
Motion: ______________
Second: ______________
Sonterre: aye nay
Stigney: aye nay
Quick: aye nay
Marty: aye nay
Thomas: aye nay
\\Ntserver\CityHall\DATA\GROUPS\PUBWORKS\Mike's documents\projects\H2 Street Project\5592 H2 Pubic Hearing.doc
RESOLUTION NO. 5595
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION SETTING A PUBLIC HEARING FOR
MOUNDS VIEW DRIVE MILL AND OVERLAY PROJECT
WHEREAS, City Council of the City of Mounds View is considering to
mill and overlay Mounds View Drive and;
WHEREAS, this project will include a milling of approximately one and
one half inch of road surface and one and one half to two inches of new bituminous overlay and;
WHEREAS, this project is proposed to be assessed in accordance with
Chapter 202 of the Municipal Code and:
WHEREAS, the City Council has ordered a feasibility study to include
cost estimates in unit prices and total project cost.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Mounds View sets a public hearing on August 27, 2001 at 7:05 pm, to be held at Mounds
View City Hall, 2401 Hwy 10, Mounds View MN. 55112, to consider the reconstruction of
County Road H2 from County Highway 10 to Pleasantview Drive
Adopted this 23rd day of July, 2001.
ATTEST: ________________________________
MAYOR
(SEAL) ________________________________
CITY ADMINISTRATOR
Motion: ______________
Second: ______________
Sonterre: aye nay
Stigney: aye nay
Quick: aye nay
Marty: aye nay
Thomas: aye nay
\\Ntserver\CityHall\DATA\GROUPS\PUBWORKS\Mike's documents\projects\H2 Street Project\5595 MV Drive Pubic Hearing.doc
Resolution 5593
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING SEVERANCE
PAYMENT FOR LARRY DECHEINE
WHEREAS, Larry Decheine has served the City of Mounds View for 31 years; and
WHEREAS, Larry Decheine’s last day of employment with the City will be July 31, 2001;
and
WHEREAS, Larry Decheine is entitled to the following benefits per the City of Mounds
View Personnel Manual, Section 4.35D Separation Compensation:
• 100% of accrued vacation time-estimated at 98.94 hours
o 98.94 hours of vacation x $18.58 per hour=$1838.31
• Option 1: a lump sum payment of fifty percent of accrued sick leave, or
Option 2: sixty-five percent of sick leave accrued for use toward the retiree’s group
health, dental and/or life insurance premiums for as long as the funds are available up
to the retiree’s 65th birthday. If Option 2 is elected, these funds may be used only for
the retiree’s health, dental and/or life insurance premiums and at no time may they be
taken for cash or for any other purpose.
Larry Decheine has elected Option 2 which is estimated as follows:
o 1877.59 hours of accrued sick leave x .65% x $18.58 per hour= $22,675.65
• Total: $24,513.96
WHEREAS, Larry Decheine is paid from the Sewer and WaterSurface funds.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby
approve the aforementioned provisions for Larry Decheine and directs staff to move
these funds from their respective reserve accounts to the General Fund for payout.
ATTEST Adopted this 23rd day of July, 2001
Richard Sonterre, Mayor
SEAL
Kathleen Miller, City Administrator
Motion: Quick
Seconded: Thomas
Sonterre: Aye
Stigney: Aye
Quick: Aye
Marty: Aye
Thomas: Aye
Resolution 5594
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING SEVERANCE
PAYMENT FOR MICHAEL ULRICH
WHEREAS, Mike Ulrich has served the City of Mounds View for 14 years; and
WHEREAS, Mike Ulrich’s last day of employment with the City will be August 3,
2001; and
WHEREAS, Mike Ulrich is entitled to the following benefits per the City of
Mounds View Personnel Manual, Section 4.35D Separation Compensation:
• 100% of accrued vacation time-estimated at 398.49 hours
o 398.49 hours of vacation x $36.03 per hour=$14,357.59
• Option 1: a lump sum payment of fifty percent of accrued sick leave, or
Option 2: sixty-five percent of sick leave accrued for use toward the retiree’s
group health, dental and/or life insurance premiums for as long as the funds
are available up to the retiree’s 65th birthday. If Option 2 is elected, these
funds may be used only for the retiree’s health, dental and/or life insurance
premiums and at no time may they be taken for cash or for any other purpose.
Mike Ulrich has elected Option 1 which is estimated as follows:
o 960 hours of accrued sick leave x 50% = 480 x $36.03 per hour=
$17,294.40
• Total: $31,651.99; and
WHEREAS, Mike Ulrich is paid from the Pavement Management fund at 34%,
Water Management fund at 33% and Wastewater fund at 33%.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does
hereby approve the aforementioned provisions for Michael Ulrich and directs staff
to move these funds from their respective reserve accounts to the General Fund
for payout.
ATTEST Adopted this 23rd day of July, 2001
Richard Sonterre, Mayor
SEAL
Kathleen Miller, City Administrator
Motion: Quick
Seconded: Marty
Sonterre: Aye
Stigney: Aye
Quick: Aye
Marty: Aye
Thomas: Aye
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
June 25, 2001
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:00 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas.
3. APPROVAL OF AGENDA
City Administrator Miller requested to add under Council Business the following: H. Letter of
Resignation from the Public Works Director.
MOTION/SECOND: Stigney/Quick. To Approve the June 25, 2001, City Council Agenda as
amended.
Ayes - 5 Nays – 0 Motion carried.
4. PUBLIC INPUT
David Jahnke, 8428 Eastwood Road, questioned the pay scale for the finance person, noting the
pay is higher for that position than it is in Blaine, and Mounds View is smaller. He questioned if
that is out of order. He also asked the status of the signs on the golf course.
City Attorney Riggs indicated it is before the DOT for a decision. He explained the assistant
commissioner had a hearing in the last month, and the letter that was received in the last 10 days
said a decision may not be made due to the budget crunch with the state. They are sending out
letters.
Mr. Jahnke asked if we will see an answer this summer. City Attorney Riggs responded he didn’t
know; it depends on the budget crunch with the state.
Jerry Linke, 2319 Knollwood Drive, stated he has served the city for 8 years in various
commissions. He served 12 years on the City Council, 10 of which as Mayor. He said the city
has always had the reputation of being a good place to live and work but in the last six months it
has become a laughing stock of the metro area. He stated he opened a local newspaper and
found that a resident of New Brighton is commenting about the stench that is being gener ated by
the actions of the City Council and by others that have no roots in the community. He added
that he wanted to make that point and is disappointed with the actions of the Council.
Mounds View City Council June 25, 2001
Regular Meeting Page 2
5. UNFINISHED BUSINESS
None.
6. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Licenses for Approval-None for approval
C. Resolution 5578 Approving a Charitable Gambling Application for Festival in the
Park –Givonna Reed
D. Resolution 5579 Approving Business Licenses for 2001-2002
E. Resolution 5576 Appointing Mike Ulrich as the Interim Golf Course
Manager/Superintendent – Givonna Reed
F. Resolution 5574 Approving Application and Acceptance for Sage and Sober
Grant – Tim Brennan
G. Consideration of Community Center Commissioning Proposal – Mike Ulrich
H. Mike Ulrich’s Letter of Resignation
Council Member Stigney requested that item A. be removed from consideration.
Council Member Marty questioned item 6E: resolution appointing of Mike Ulrich as the Interim
Golf Course Manager/Superintendent. City Administrator Miller responded that as long as he is
an employee of the city, he will continue to be the Interim Golf Course Manager.
Council Member Marty mentioned that he received a call from the recording secretary
informing him that she was enroute to the hospital and, therefore, would not be present for
minutes. The minutes would be transcribed from video tape. The Council Members wished her
well.
MOTION/SECOND: Thomas/Stigney. To Approve Consent Agenda Items B through G as
Presented.
Council Member Marty questioned Lieutenant Brennan whether he applied for this grant or if
the Police Chief did. Lieutenant Brennan explained they sent an officer to a grant workshop
about the time they applied for a Safe and Sober grant. They were not granted the award.
Lieutenant Brennan and Offi cer Nelson put the grant together. He explained that Officer
Nelson attended the grant workshop.
Council Member Quick questioned whether we are doing this in a timely fashion, as we’ve
missed out on some grants in the past. Lieutenant Brennan stated t he deadline is July 13 and they
are ready for it. All that needs to be done is to attach the resolution authorizing acceptance if it
is awarded and that’s the only bridge to cross.
Mounds View City Council June 25, 2001
Regular Meeting Page 3
Assistant to the Administrator Reed commented on item 6E. She would like to note and be it
further resolved that this interim position would begin June 7, 2001.
Ayes – 5 Nays – 0 Motion carried.
Council Member Stigney requested a discussion on 6A Approve Just and Correct Claims from
the League of Minnesota City Insuran ce through the Maquire Agency. His concern was that the
Council is approving payment before they’ve dealt with renegotiating the insurance contract
with the Council, which is item 7C on this agenda. He did speak with Mr. Clysdale in the hall
who implied that the League of Minnesota City Insurance requires a monetary one-ninth down
payment by July 1. Though he understands the requirement, he felt this was being conducted out
of order.
Council Member Stigney also questioned #4901 for $663.00 to the Minnesota Golf Association
memberships and inquired what the breakdown is for that total amount.
City Administrator Miller responded that the Council could pull this item and treat it separate
after reviewing the insurance issue.
MOTION/SECOND: Marty/Stigney. To Remove One Item: $663.00 paid to Minnesota Golf
Association Memberships.
Ayes – 5 Nays – 0 Motion carried.
MOTION/SECOND: Marty/Stigney. To Approve Item 6A with the exception of Item: $663.00
paid to Minnesota Golf Association Memberships.
Ayes – 5 Nays – 0 Motion carried.
7. COUNCIL BUSINESS
A. Public Hearing and Consideration of Resolution 5575 to Establish Sunday
Liquor Sales Fee
Assistant to the City Administrator Reed referred to the Staff report that indicates a separate
license b e issued by state statute for intoxicating establishments that wish to sell alcohol on
Sundays. The City has issued licenses of this type in the past. Staff cannot determine whether a
fee is included in the cost of a nonsale license.
City Attorney Riggs recommended the Council hold a public hearing and explained the statute is
vague whether this is necessary, but it is a precautionary measure. The request is that the
Council determine what that fee will be for a Sunday sales license. The statue indicat es the
maximum amount is $200.
Mounds View City Council June 25, 2001
Regular Meeting Page 4
Assistant to the City Administrator Reed stated she contacted other cities and they all charge
$200 in addition to whatever their onsale fee is. That fee is based on square footage for the
onsale fee.
Council Member Mart y inquired if that $200 fee was per Sunday or per year. Assistant to the
City Administrator Reed responded it is per year.
Council Member Stigney commented on the level of policing at certain establishments. The
license fees are the same but some proper ties need to be policed more than others.
Mayor Sonterre said the $200 is a maximum set by statute for Sunday sales. He asked if police
calls have gone up a lot this year.
Council Member Stigney expressed concern with the numbers from 1994. He asked i f we issue a
license every year and why we don’t look at the numbers of police calls annually. Assistant to
the City Administrator Reed responded we do.
Mayor Sonterre asked that since we’ re specifically dealing with the Sunday sales which gives us
a $2 00 maximum, can we direct the Staff to bring us a report as to the policy for setting the fee
formula.
Assistant to the City Administrator Reed referred to the Staff Report where it is stated that the
Mermaid pays $10,000 annually for their fee. That is the maximum based on the formula
adopted by the Council.
City Administrator Miller explained that to change the fee structure it would have to be
discussed in a work session.
The public hearing was opened.
David Jahnke, 8428 Eastwood Road, inquired whether this fee is for a certain event. Mayor
Sonterre explained the fee is just for the license to serve liquor on a Sunday.
Assistant to the City Administrator Reed stated that she gathered Staff reports from 1994 and
the number of police calls that year was taken into consideration for figuring the fee. The
formula was very complicated. The fee schedule only makes reference to square footage so the
number of police calls is included in the formula but is not necessarily taken into consideration
this year. The police are working with the Mermaid and felt the concerns have been resolved.
Assistant to the City Administrator Reed explained that she asked the police department whether
they have any concerns that would be a basis for denying a license. She referenced the year
1994 because that was the year the Council came up with this fee formula.
Gretchen Wallbridge, 8072 Long Lake Road, clarified whether the Mermaid is already paying
$10,000 and the $200 additional is just to sell liquor on a Sunday. She didn’t see the problem.
Mounds View City Council June 25, 2001
Regular Meeting Page 5
The public hearing was closed.
MOTION/SECOND: Stigney/Thomas. To Approve Resolution 5575 to Establish Sunday
Liquor Sales Licenses Based On a Cost of $200 Annually to the Applicant.
Ayes – 5 Nays – 0 Motion carried.
Council Member Quick asked if this would be discussed in a work session. Mayor Sonterre
stated the Council referred to the policy for the formula for the Monday through Saturday
portion of the fee.
B. Public Hearing to Consider Intoxicating Liquor and Sunday Sales Licenses.
1. Update regarding On Sale Intoxicating Liquor and Sunday Sales
License Application for Topa Corporation dba Donatelle’s
Assistant to the City Administrator Reed asked the Council to continue the hearing for the Topa
Corporation to the July 9 Council meeting.
The public hearing was opened.
Assistant to the City Administrator Reed stated that additional paperwork needs to be submitted.
Also, Mr. Stuart is still in negotiations with Mr. Donatelli regarding the purchase.
The public hear ing was closed.
MOTION/SECOND: Quick/Marty. To Continue Item 7. B. 1. To the Regular Council meeting
on July 9, 2001.
Ayes – 5 Nays – 0 Motion carried.
2. Consideration of Off Sale Intoxicating Liquor License for Liquor
Monkey, Inc dba Network Liquor on 10 for 2001-2002.
Assistant to the City Administrator Reed summarized the Staff report. She stated she is still
waiting for a floor plan and the applicant has indicated he will furnish that. She’s asked for
reports from the police department, util ity billing, and the Department of Revenue. Each
organization has suggested the license be approved. The applicant is present.
The public hearing was opened.
John Hascome, Vice President of Liquor Monkey, Inc., was present and invited questions from
the Council.
Council Member Marty inquired what the delay is with respect to the floor plan. Assistant to the
City Administrator Reed responded there is no floor plan yet, and the applicant needed to find
Mounds View City Council June 25, 2001
Regular Meeting Page 6
someone to draw it. He has now found someone to do it in CAD and it will be furnished to the
Council by the end of the week.
Council Member Marty asked if this item should be continued until the floor plan is delivered.
Assistant to the City Administrator Reed stated that the Council could approve the item,
contingent upon receipt of the floor plan by Friday.
City Attorney Riggs confirmed that the Council has that authority.
The public hearing was closed.
MOTION/SECOND: Marty/Stigney. To Approve Off Sale Intoxicating Liquor License for
Liquor Monkey, Inc. dba Network Liquor on 10 for 2001-2002 Contingent Upon Approval of
the Floor Plan.
Ayes – 5 Nays – 0 Motion carried.
Mr. Hascome asked if this is approved as of July 1. He explained that he wants to negotiate with
the current owner and purchase the property effective July 1, and open business on July 2.
Assistant to the City Administrator Reed explained it would be effective July 1 if the floor plan is
approved.
B. Public Hearing to Consider Intoxicating Liquor and Sunday Sales Licenses
3. Consideration of Intoxicating Liquor License Renewals for 2001-2002.
Assistant to the City Administrator Reed referred to the Staff report. Both the Mermaid and
Roberts Off 10 want to sell alcohol on Sundays. Budget Liquor and ABC Liquor would also like
their licenses renewed. Their licenses expire on June 30. She noted that the Staff report
indicates the license for Roberts Off 10 is pending on fire abatements. She received a phone call
that day stating those orders have been satisfied.
The public hearing was opened.
The public hearing was closed.
MOTION/SECOND: Marty/Thomas. To Approve the Applications for Intoxicating Liquor and
Sunday Sales Licenses as Presented.
Ayes – 5 Nays – 0 Motion carried
C. Insurance Premiums
City Administrator Miller stated this item was on the agenda last month, but she had requested
that Mr. Clysdale further research the issue and bring it back to this meeting.
Mounds View City Council June 25, 2001
Regular Meeting Page 7
Mr. Clysdale stated he delivered the renewal last week. The Council had asked him to provide
more in formation with respect to the deductible. He explained that the deductible for the
coverage is $10,000 per loss with a $50,000 annual aggregate, which means the most the City will
pay out is $50,000. These deductibles apply to the City’s property and liability claims. The
property is the property the City owns, and from a liability standpoint it is the city’s
responsibility to the public for any negligent acts. The City has had this program for 13 years. It
started out with a deductible of $5,000 and w as changed in 1993 to a $10,000 deductible. On the
basis of the premium savings the City has had over that time, $336,264 has been the premium
savings; this is roughly $30,000/year. The insurance company has asked back from the city a
deductible recovery of $103,579. The difference is a savings over a period of over 10 years in
excess of $230,000. The program is again being offered to the city and the premium savings is
over $30,100. That is on the schedule Mr. Clysdale provided previously.
Mr . Clysda le further explained that the workers comp deductible has been in place for 8 years
and the deductible is $5,000. This doesn’t apply to medical expenses nor indemnity payments; it
only applies to medical payments. When an injured employee incurs a medical cost which the
insurance pays, there is a deductible on that loss of $5,000. Over the 8 year period that the city
has had that, the premium savings has been $56, 127 and the city has paid back about $53, 067,
which is a difference of about $3,500 in the City’s favor. On the basis of the City’s loss
experience, the City has had an unusual number of large medical claims. The City has had 4
years of fairly high medical claims. An account of this size usually wouldn’t have this
experience. Therefore, the savings would typically be higher. From an insurance analysis, it
seems like it is appropriate to continue this program because of the savings that come to the City.
Council Member Thomas clarified that the $30,100 figure would be our expected savings t his
year and is about the same as it has been. Mr. Clysdale said it has gone down a little and it is a
matter of a rating mechanism and probably a subtle way to raise the price.
Council Member Stigney asked what the difference would be in the premium if the deductible
was changed from $10,000 to $5,000. Mr. Clysdale pointed out this information is on the
schedule and explained that the additional premium would be $13,400 over what the City pays
now. As an alternate to that, if an aggregate was added to the $5,000 at $50,000 the additional
premium would be $14,500. By reducing the deductible from $10,000 to $5,000 the additional
premium would be in the range of $13,000 to $14,0000. He said he is assuming the City is
reporting every liability claim and every workers comp case to him.
City Administrator Miller confirmed the City is reporting all property claims to the insurance
agency that she is aware of.
Council Member Stigney voiced his opinion that the City should stay with the coverage as it is.
Mr. Clysdale recommended that the City continue with the type of deductible program that is in
place.
MOTION/SECOND: Stigney/Thomas. To Renew the Proposal for the Maquire Agency for the
$10,000 Deductible With the $50,000 Aggregate.
Mounds View City Council June 25, 2001
Regular Meeting Page 8
Ayes – 5 Nays – 0 Motion carried.
MOTION/SECOND: Stigney/Thomas. To Approve the Payment in the Just and Correct Claims
as Listed in Item 6A in this Agenda.
Ayes – 5 Nays – 0 Motion carried.
D. First Reading (Introduction) of Ordinance 684, an Ordinance Rezoning 2625
Highway 10 from R-3, Medium Density Residential, to B-2, Limited Business
Director of Community Development Ericson stated the Mounds View Animal Hospital has
requested rezoning of this property. They’ve entered into a purchase agreement to purchase the
property from the city. July 9 would be the second reading and public hearing.
MOTION/SECOND: Marty/Thomas. To Waive the First Reading of Ordinance 684, An
Ordinance Rezoning 2625 Highway 10 From R-3, Medium Density Residential to B-2, Limited
Business.
Ayes – 5 Nays – 0 Motion carried.
E. Discussion and Consideration of Resolution 5572, a Resolution Amending
Resolution 5527 Regarding a Development Review Request for an Office
Building Located at 7664 Greenfield Avenue.
Director of Community Dev elopment Ericson stated that the applicant submitted plans, but did
not meet the state’s accessibility requirements. An elevator needs to be constructed and the first
level needs to be at grade level so it is accessible to everyone. Director of Community
Development Ericson stated he asked about the second story and whether it had to be accessible
and according to the state accessibility codes, as long as it falls below a certain threshold for
occupancy, there is no need to provide access to the second fl oor.
The Planning Commission has held meetings on this issue and the Director of Community
Development Ericson has spoken with the property owner to the south. The Planning
Commission was looking at the issue of how this 4.5 foot addition would impact the neighbors.
They recommended that on the south elevation of the proposed building that no windows would
be allowed on the upper story and that would be the elevation that would be fronting the
neighbor’s yard.
The Planning Commission also recommended there should be no bay windows that would project
out front such as a bay window. Every precaution will be taken to minimize the intrusion this
would cause on the neighbor.
Director of Community Development Ericson stated Mr. Mesenga could not be at this meeting
and sent his apologies.
Mounds View City Council June 25, 2001
Regular Meeting Page 9
Mayor Sonterre clarified that windows to the east side of the building would be no more than
flush with the exterior of the building.
MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5572.
Ayes – 5 Nays – 0 Motion carried.
F. Golf Professionals’ Compensation for Lessons
City Administrator Miller stated they are trying to research whether the Council had ever given
their authorization for the kind of compensation the pros should get for their lessons. They
found none. She stated she had spoken with the City Attorney and state auditors and they are
recommending that the golf pros position description be evaluated and compensated based on the
position description. They would receive one pay ment for their duties instead of the staggering
payments they are currently receiving. This is the recommendation the City Attorney’s office
made.
Mayor Sonterre asked when the golf pros can expect to see payment for the times they’ ve
missed getting a paycheck. City Administrator Miller said the City withheld payment last time.
She stated she is trying to get checks issued based on the fact that these individuals have worked
under an assumption. She stated the City Attorney felt comfortable in releasing those payments.
She explained that the checks could be released tomorrow with the Council’s approval.
Council Member Marty asked if the checks will be held up from here on. City Administrator
Miller explained they would be held until the City has the position descriptions reworded by
labor relations. This will require two actions by the Council. If the Council directed the City to
release the checks tonight, the new position descriptions would then be passed on to Labor and
Relations. They would then hopefully have them back for the Council’s review at the next
Council meeting.
Council Member Marty asked if the pay would be retroactive. City Administrator Miller said it
would be. There are two position descriptions to reword and she is hopeful t hat the issue will be
ready for the Council’s reconsideration at their next meting.
Council Member Marty asked what the City Attorney’s opinion is on this issue. City Attorney
Riggs stated there have been concerns raised by the state auditor that there w as not an
authorized payment. Proper procedure was not followed nor adopted by the City Council. This
means it calls into question all the other payments that were made to these individuals. He has
assured the state auditor that the Council will work through this as expediently as possible.
Council Member Marty inquired whether this has been covered in the annual budget process.
City Attorney Riggs stated that just by tucking this into the budget procedure does not make it be
approved. There must be a separate adopted policy.
Mounds View City Council June 25, 2001
Regular Meeting Page 10
Council Member Quick asked to clarify if the difference in pay between what they’ re making
now on an hourly basis, less the lessons, and what they’ll be making after they’re reappointed.
City Administrator Miller confirmed this amount.
City Attorney Riggs explained the state auditor’s concern is that it has been claimed that there’s
a 70/30 split which is suspect in the auditor’s eyes. The actual documentation for the year 2000
is showing it is approaching 90 to 95%.
Council M ember Marty asked if it is split the same for all golf personnel or if some derive more
of their income from golf lessons. He also asked if this would jeopardize another individual that
would have a higher base pay.
Assistant to the City Attorney Reed explained that there are more who spend their time giving
lessons. It would be a high percentage, but she cannot say how much the split is.
Council Member Stigney inquired if the reappointing is for seasonal as well as full time
employees. City Administrator Miller responded that currently, the discussion is about the
individuals who give lessons and are employees of the City.
Council Member Stigney questioned how many employees the City has that give lessons.
Assistant to the City Administrator Reed answered she wasn’ t sure if there are full job
descriptions in place. She added that there would be two that we would need to come up with.
She added that there are two employees that are Council -approved staff members full time. One
is a seasonal employee who gives lessons in conjunction with some operating responsibilities. The
other is a seasonal employee who only gives lessons.
Council Member Stigney voiced his opinion that the hours should be logged and tracked for
lessons given and the time spent putting in their time for their jobs. City Administrator Miller
responded they have spoken with the golf pros about having better documentation. The City
couldn’t tell from the documentation what hours they were actually giving lessons and which
hours should be compensated by the City from the documentation that was provided.
Council Member Stigney inquired whose golf equipment is used for lessons. Assistant to the City
Administrator Reed answered she didn’t have a response at the moment, but offered to find out.
Council Member Stigney stated he was aware the cost is $5.00 per person, and he wanted to
know how much of that fee is appropriated to the instructor for the lesson, and how long the
lessons are. City Administrator Miller responded it depended on the type of lesson; whether it
was a youth lessons, private lesson, etc.
Council Member Stigney asked if anyone pays differently - -- if, for example, whether the lesson is
given by the PGA pro or non-pro. Assistant to the City Administrator Reed explained we have
two pros on staff who are certified. The other teacher is a PGA pro but is not yet certified. She
added that she doesn’ t believe they are compensated differently.
Council Member Stigney asked if the teacher’ s credentials are identified so t hat when the student
signs up, they would have a choice and possibly choose the teacher with the most credentials. He
Mounds View City Council June 25, 2001
Regular Meeting Page 11
added that he noticed on the list that was handed out to the Council that it four people listed and
he always understood there were three people. He asked how the fourth person was hired
without Council approval.
Assistant to the City Administrator Reed answered there is the head pro, the assistant pro, a
seasonal pro, and seasonal personnel who only gives lessons. There was one who was approved
at a Council resolution, and she was unsure of the date of that approval. She further explained
that there was a long list of golf course seasonal employees, and from that list, two individuals
were approved to give lessons only. There was one from that list who is giving lessons.
Council Member Stigney requested that Assistant to the City Administrator Reed identify those
individuals for the next meeting and designate who carries the PGA Pro certification.
Council Member Marty stated he believes they are all PGA certified. He added that we have
three pros and one who is serving his apprenticeship here. His question was whether the
reclassification of the two seasonal employees is the bulk of their salary based on the lessons that
they giv e, and if this is what is putting them in a jeopardy situation.
Assistant to the City Administrator Reed responded that for one of the seasonal employees,
everything he is paid is based on lessons.
Council Member Stigney commented that if 100% of his pay is based on lessons, and we’re
holding up the pay for the lessons, we’re holding up his pay. Assistant to the City Administrator
Reed stated she doesn’t’ know how many hours he works for the City, but whatever the City
pays him is based on lessons, and his pay then is help up.
Mayor Sonterre questioned City Administrator Miller if this is on the agenda to get permission to
pay them solely or to pay them and then get permission to run the point system. City
Administrator Miller answered both.
Council Member Marty stated he was concerned if these individuals are paid for the services
they perform, and their pay is held up to establish a point system in the middle of the stream. He
asked if the City is in jeopardy for not paying them for work they’ve done. City Attorney Riggs
replied that technically we don’t have authorization at all, so technically they shouldn’t be paid.
MOTION/SECOND: Thomas/Stigney. To Distribute Back Pay as Soon as Possible and Begin
the Process to Develop a Point System an d Reappoint the Job Descriptions for the Next Council
Meeting on July 9, 2001.
Council Member Stigney questioned whether the reappointing would affect the PGA pro who
has completed the golf course training program, or for the apprentice, or for someone in that
training program, noting the level of training is different.
Council Member Marty stated it seems as though the rest of the City staff has applied for union
membership certification. He was concerned about the union regulations, the City tampering
with their pay, and whether we are putting the City in jeopardy.
Mounds View City Council June 25, 2001
Regular Meeting Page 12
City Attorney Riggs responded that we are in a situation of two evils: unauthorized pay which
puts the City in the position to be sued versus an unfair labor practice. This situation is putting
the City in jeopardy and needs to be rectified as soon as possible.
Ayes – 4 Nays – 1 (Marty) Motion carried.
G. Consideration of Agreement Between the City and Festival in the Park
City Administrator Miller apologized for the delay in getting this information to the Council.
She explained there have been small changes to the report which City Attorney Riggs will
present.
City Attorney Riggs stated there hasn’t been authorization to provide compensation to the
nonprofit group entitled Mounds View Festival in the Park. Exhibits A and B in the agreement
need to be completed in order to identify what the duties are for the City and the corporation. If
this isn’t identified, there is a problem with insurance. He explained that when the Council
authorizes the final understanding for this festival with the corporation, the insurance for both
parties can be pieced together so everyone is completely covered.
Council Member Thomas inquired whether the Council can approve this item with the
contingency that Staff can fill in the details. City Attorney Riggs responded it can be approved
contingent that there will be minor changes. He pointed to paragraphs 3 and 5 stating they need
to be discussed.
The President of the Festival stated she had received this agreement that day and the rest of the
committee has not been able to discuss it.
Mayor Sonterre asked if she, as the President of the Committee, could work through the
agreement the next day, meet with City Attorney Riggs and address the specific issues at the
Festival meeting the next night. Then on Wednesday, they would be in a position to have the two
of them finalize the issues.
The President of the Festival agreed to this arrangement.
City Attorney Riggs asked how close the written agreement is to what they’ ve had in the past.
The President of the Festival agreed with the contract and said that paragraph 3 is a little
different than it’s been in the past. Previously, the monetary amount was a donation from the
City to the Festival, Inc. It was designated as reimbursement for the public employees who set
up the tents, etc. The Festival has paid that out of pocket in the past, and when the issue of
workman’s comp came up she suggested that instead of the City giving the money to the Festival
as a gift, the City supply the personnel to take care of these things.
City Attorney Riggs stated that this arrangement from an insurance standpoint, would be
preferable. He requested a copy of their insurance.
Mounds View City Council June 25, 2001
Regular Meeting Page 13
The President of the Festival stated she needs to get a copy of the insurance from the fireworks
company which is the same company the Festival has always had. She further explained that
each vehicle in the parade needs to supply her with a copy of their insurance. Sometimes that
information isn’t furnished until the day of the parade and it’s supposed to be in 30 days before
the parade.
Council Member Thomas clarified that they want to reduce the dollar amount given by donating
the staff. She asked if that number can be left blank until the number of employees needed is
determined. The President of the Festival responded it could be left the same each year at
$4,000 and if it goes above and beyond that, they would have to compensate.
City Attorney Riggs inquired whether the level of staff input needed is exactly what she
enumerated in her email. The President of the Festival referred details to Steve Sepenski
because of his tenure.
Council Member Marty asked that the words ‘‘City Staff ’’ be clarified as City Golf Course Staff
si nce the Golf Course Staff oversee the golf course tournament.
Council Member Stigney wanted to clarify the City providing personnel for this event in lieu of
the $4,000 and suggested that the City pay the actual cost of the City personnel not to exceed
$4,000.
City Attorney Riggs stated that based on the estimates he’s seen, it has been less than $4,000.
Council Member Stigney commented that if it is not stipulated, the City could be surprised.
Mayor Sonterre suggested there be a comfort point and t hat the President of the Festival and
City Attorney Riggs will work it out. If some of the changes are significant, the Council would
like to discuss with them at the next work session or Council meeting.
MOTION/SECOND: Thomas/ Marty . To Approve the Agreement Pending the Stipulations.
Ayes – 5 Nays – 0 Motion carried.
H. Letter of Resignation from the Public Works Director
City Administrator Miller said that she needed to share, with mixed emotions, that Mike Ulrich
will be leaving the City. He had planned on working until July 6. In his letter, attached, he says
he’ll stay until August 3 to finish tasks and make recommendations to the Council. He requested
that the Council consider allowing him to use some of his flex time that has accrued.
Council Member Stigney commented that the reason the City is keeping Mr. Ulrich on is to wrap
up these projects. He inquired how much flex time is under consideration. City Administrator
Miller referred to the letter and stated Mr. Ulrich requested to take time off after July 24.
Council Member Stigney clarified that his last day then would be July 24.
Mounds View City Council June 25, 2001
Regular Meeting Page 14
MOTION/SECOND: Marty/Stigney. To Accept the Resignation of Public Works Director Mike
Ulrich, as Presented.
Ayes – 5 Nays – 0 Motion carried.
Mayor Sonterre thanked Mr. Ulrich on behalf of the Council and wished him well.
8. SPECIAL ORDER OF BUSINESS
None.
9. REPORTS
Council Member Thomas stated she learned more than expected in Duluth. She thanked the
Council for convincing her to go and she said she will prepare a report and recommendations to
the Council.
Council Member Marty stated he received an email from City Administrator Miller on June 18
at 10:24 a.m. He explained he left the state on Friday, June 15, and wasn’t clear why City
Admi nistrator Miller reported at the last Council meeting that she sent an email to him with no
response. He questioned why a meeting was scheduled while he was gone. The
Council/Administrator retreat is to be just that; not a partial administrator or partial Council
retreat because then it is invalid. He noted the Council has known for a number of months that
he couldn’t attend on the date it was scheduled. Council Member Marty pointed out that the
packets were sent out on Friday, June 15 at 4:43 p.m., for the Monday, June 18 meeting but the
Council packets are to be ready by the end of the Thursday prior to the Monday meeting. He
asked why that packet was sent out past the deadline. He also made a formal request on behalf
of himself and numerous citizens to be furnished with copies of the contracts for the City
Administrator, the Assistant City Administrator, and the City Attorney, as he does not currently
have copies of these documents.
Mayor Sonterre stated that Council Member Quick has asked him for the contracts but there is
no contract for the assistant who is in an assistant position and not a contract position. If there
are people requesting information, they are free to come in to the City Hall and request that
information. Mayor Sonterre suggested that Council Member Quick talk to the Administrator
about the contracts. Mayor Sonterre stated he’s given him that information twice previously and
this is the third time.
City Administrator Miller offered to explain why she sent an email to him at 10:24 a.m. She
explained that often times she has assumed he had his computer with him and hadn’t received
notification that he would be gone.
Council Member Quick said he didn’t have his computer with him. The packet was sent out at
4:43 p.m. and was supposed to be presented the previous day.
Mounds View City Council June 25, 2001
Regular Meeting Page 15
City Administrator Miller said that is correct. However, there are times they are not able to get
all the information together in time.
Director of Community Development Ericson stated that Council Member Stigney had asked if
Mr. Seward had requested any additional considerations on a case discussed earlier. He did ask
for a 10-foot fence to be constructed in place of the 8-foot fence. This was discussed at the last
Planning Commission meeting and decided t hat a 10 -foot fence could not be allowed.
City Administrator Miller reminded the Council that the retreat is scheduled for this coming
Wednesday at the Roseville Community Center at 6:00 p.m.
Council Member Quick questioned why this meeting was set up without his input. This meeting
was previously scheduled for July 8th. He added that there doesn’ t seem to be pressing issues at
the moment, therefore, this meeting could be rescheduled so all Council members could attend.
Council Member Thomas answered that because this was set up so many times, and the quarterly
meeting is already set, it leaves only three weeks if we wait until July. Her position at the House
is incredibly unpredictable but she has found time to set aside to be at the retreat Wednesday
evening. Council Member Thomas stated if Council Member Quick has suggestions she would
like to hear them.
Council Member Quick questioned when the quarterly meeting is. Council Member Thomas
stated it is in the beginning of August, which was previously set.
Mayor Sonterre said this discussion should not be taken as argumentative. It is important to get a
meeting in this quarter as soon as possible prior to the next quarter’s meeting. Unfortunately,
Council Member Quick didn’t get the email in time but the Council had requested possible dates
from City Administrator Miller. Mayor Sonterre noted that there have been significant
problems in getting a date that would work and the meeting for this Wednesday was the one
where at least four people could attend.
Council Member Quick suggested that previous Council members and staff who have been
around be asked if there have been retreats or meetings. He stated these meetings recently have
been on his insistence Council Member Quick and it has been the consensus of the entire Council
to have a Council/Administrator retreat.
MOTION/SECOND: Marty. To Suspend the Meeting Three Weeks From Now to the Next
Scheduled Meeting.
Motion failed due to no second.
Jerry Linke, 2319 Knollwood Drive, questioned what these meetings are and why they are being
held outside of the City.
Mounds View City Council June 25, 2001
Regular Meeting Page 16
Mayor Sonterre responded they are meetings for the Council and staff to interact. The location
is posted and they are being held locally in case the public would like to attend. He stated they
are held off site just to get the members off campus.
Assistant to the City Administrator Reed mentioned that this Thursday at 3:30 p.m. in the
Council chambers there will be a welcoming reception for new employees. There are two new
poli ce officers, an administrative assistant in the police department, and a new Planning Associate
who will be welcomed.
10. APPROVAL OF MINUTES
A. June 4, 2001 Special Council Meeting
B. June 6, 2001 Special Council Meeting
Council Member Thomas suggested approval of the minutes be postponed until the next meeting
when the recording secretary would be present to record them.
MOTION/SECOND: Thomas/Stigney. To Table Items 10A and 10B Until the July 9, 2001,
Council Meeting.
Council Member Stigney stated he understood the recording secretary gave the notes to City
Attorney Riggs or City Administrative Miller’s secretary and the secretary put them into
minutes.
Assistant to the City Administrator Reed explained the recording secretary takes notes from the
meet ing and gives them to the secretary, who then puts them in the minutes.
Council Member Marty stated the minutes from the June 4 meeting are not accurate. He stated
he had recorded that meeting and would like to supply that tape to TimeSaver Secretarial f or
their transcription.
Ayes – 5 Nays – 0 Motion carried.
MOTION/SECOND: Marty/Stigney. To Provide the Tape of the June 4 Meeting to TimeSaver
Secretarial to Transcribe Accurate Minutes.
Ayes – 5 Nays – 0 Motion carried.
11. Next Council Work Session: Monday, July 2, 2001
Next Council Meeting: Monday, July 9, 2001
Mounds View City Council June 25, 2001
Regular Meeting Page 17
12. ADJOURNMENT
Mayor Sonterre adjourned the meeting at 8:54 p.m.
Transcribed and recorded by:
Christine Moksnes
Timesaver Off Site Secretarial, Inc.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Special Meeting
June 4, 2001
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
5:03 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas.
Mayor Sonterre noted that based upon the opinion of the legal staff, he would ask that the agenda
not be approved. Mrs. Miller and Assistant to the City Administrator Reed continue to compile
supporting documentation to the charges.
Since the information is continuing to come in, the City's legal department suggested the meeting
be continued to Wednesday evening, and that will give the administrative staff and legal staff a
chance to further compile the information.
City Attorney Riggs stated that based on the state statute, the Council has the ability to open a
meeting, as it has done today, and then continue it to a date and time in the future.
MOTION/SECOND: Mayor Sonterre/Marty. To Recess the Meeting Based on the Attorney’s
Recommendation and Continue it Until Wednesday, June 6, 2001, at 7:00 p.m.
Council Member Marty stated he will be unavailable on Wednesday. A discussion ensued
around who would be available what dates. Mayor Sonterre said they are at an impasse with
Council Members Thomas and Marty.
A Council Member called the question.
Ayes – 4 Nays – 1 (Marty) Motion carried
3. Next Council Work Session: Monday, June 4, 2001, 7:30 p.m.
Next Special Council Meeting: Wednesday, June 6, 2001, 7:00 p.m.
4. ADJOURNMENT
Mayor Sonterre adjourned the meeting at 5:30 p.m.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Special Meeting
June 6, 2001
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:10 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas.
Mayor Sonterre noted that this meeting was continued from Monday night.
Council Member Marty inquired as to whether this was an official meeting of the Mounds View
City Council continued from Monday, June 4, 2001.
City Attorney Riggs indicated that Council Member Marty was correct.
Council Member Marty inquired as to why there was no recording secretary, court reporter,
stenographer or video recording of the meeting on June 4, 2001, by which to produce minutes as
required by City Code.
City Attorney Riggs indicated that the only information legally required for the minutes is the
information indicating that Council recessed until today’s meeting. He then noted that the City
Administrator will produce minutes from the meeting held on June 4, 2001 for approval at the
next Council Meeting.
Council Member Marty noted that he feels the City is in violation of its own code Section 105.4,
Subd. 7(b) governing the information to be contained in the minutes of Council Meetings. He
then asked for a full explanation as to why the meeting was not properly recorded.
MOTION/SECOND: Marty. To Turn all of the Information Concerning the Issues That Are
Facing Council At This Meeting Over to an Independent Third Party For a Full and Complete
Investigation.
The Motion died for lack of a second.
City Attorney Riggs reiterated that the City is not required to record meetings and noted that the
City Clerk Administrator would provide minutes for approval at the next Council Meeting.
Mounds View City Council June 6, 2001
Special Meeting Page 2
Council Member Marty noted that, by making wrong judgments or premature decisions, the City
may, in fact, cost the taxpayers tens or hundreds of thousands of dollars. He then noted, as
presented in the media, that the defendants have asked for an independent investigation rather
than resorting to handling the matter in the court system.
3. APPROVAL OF AGENDA
A. Wednesday, June 6, 2001 City Council Agenda.
City Attorney Riggs requested that Council Business Item 6C be moved to Item 6A and that
Items 6A and B be renumbered to 6B and 6C.
MOTION/SECOND: Quick/Thomas. To Move Council Business Item 6C to Item 6A and
Renumber the other Items to 6B and 6C.
Ayes – 5 Nays – 0 Motion carried.
MOTION/SECOND: Quick/Stigney. To Approve the June 6, 2001, City Council Agenda as
amended.
Ayes - 5 Nays – 0 Motion carried.
4. UNFINISHED BUSINESS
None.
5. CONSENT AGENDA
None.
6. COUNCIL BUSINESS
A. Closed Session to discuss pending litigation.
City Attorney Riggs indicated that the closed session would be to discuss information received
from legal counsel for the two individuals involved in the matters before Council this evening.
The City Council recessed to the closed session at 7:16 p.m.
The City Council reconvened at 7:55 p.m.
Mayor Sonterre indicated a request had been received for a recess to review protected personnel
information of a non-public nature and noted that Council would declare a recess not to exceed
the time of 8:15 p.m.
Mounds View City Council June 6, 2001
Special Meeting Page 3
City Attorney Riggs indicated there had been a request from a couple of the Council Members to
be allowed to review documentation that is non-public personnel data.
The City Council recessed at 7:58 p.m.
The City Council reconvened at 8:17 p.m.
B. Personnel Issues. Preliminary Consideration of Allegations or Charges
against an Individual Subject to City Authority.
City Attorney Riggs noted that per Minnesota Statute Section 13D.05, Subd. 3(b) Council was
required to close the session to evaluate and impose discipline. He noted he had received a
request from legal counsel for the individual against whom the charges are alleged that requested
the issue be handled in an open session rather than a closed session. He then asked Bruce Kessel
if he still wished the matter to be handled in an open session.
Mr. Kessel indicated that he did wish the matter to be heard in an open session.
City Attorney Riggs reviewed the procedure that would be followed indicating that the
allegations were distributed to Mr. Kessel on May 31, 2001 in a letter dated May 30, 2001. He
then indicated that the City Administrator would provide a summary recommendation to Council
based on the allegations.
City Attorney Riggs noted that Mr. Kessel would be given an opportunity to respond to the
allegations contained in the May 30, 2001 letter and the summary recommendation of the City
Administrator. City Attorney Riggs indicated that the due process right of Mr. Kessel was to
respond to the allegations contained in the May 30, 2001 letter and the summary
recommendation of the City Administrator and explained that anything else should not be
discussed.
City Attorney Riggs indicated he had received notice from legal counsel for Mr. Kessel
indicating Mr. Kessel would not be responding but noted that Council needed to offer the right to
respond to Mr. Kessel.
City Administrator Miller read a summary recommendation that recommended termination of the
employment of Bruce Kessel effective June 7, 2001.
City Attorney Riggs asked whether Mr. Kessel wished to respond to the allegations contained in
the May 30, 2001 letter or the summary recommendation of City Administrator Miller.
Mr. Kessel indicated that he did wish to respond and then began to read a letter from his legal
counsel that had been previously sent to City Attorney Riggs.
City Attorney Riggs interrupted Mr. Kessel and indicated he would not recommend reading the
letter as there were items contained in the letter that could be considered privileged and subject to
Mounds View City Council June 6, 2001
Special Meeting Page 4
litigation. He then asked Council if they wished to accept the letter into evidence and advised
Council that the letter has threatened litigation against the City and advised Council not to make
any comments concerning the letter.
City Attorney Riggs noted that Mr. Kessel could read the letter if he wished but noted the second
to the last paragraph of the letter was inflammatory and asked that it not be read. He then noted
that he had sent a letter to Mr. Kessel’s legal counsel to refute the information contained in the
letter and had not received a response back from her.
Mr. Kessel finished reading the letter. Mr. Kessel then noted that the letter had stated that the
meeting should be open, taped and televised and asked whether the investigation conducted by
the City was completed.
City Administrator Miller indicated there was a review of Mr. Kessel’s performance and that was
completed.
Mr. Kessel asked when the review was conducted.
City Administrator Miller indicated that a review is an ongoing process and noted that she and
Mr. Kessel had discussed his performance numerous times. She then noted that the supporting
documentation had been put together after the review.
Mr. Kessel asked for a copy of his review.
City Administrator Miller explained that the review was his letter of suspension.
Mr. Kessel asked who the witnesses to the investigation were.
City Administrator Miller indicated there was no investigation or witnesses as it was a personnel
review.
Mr. Kessel asked if City Administrator Miller had questioned him, the auditor or his Staff
concerning the matter.
City Administrator Miller indicated she had discussed the matter with the auditor.
Mr. Kessel asked when the discussion with the auditor took place.
City Attorney Riggs indicated the official record remains with the City Clerk Administrator and
noted Council had a summary of the charges. He then noted that he had not received a response
from Mr. Kessel’s legal counsel to his letter sent in response to the letter Mr. Kessel read a loud
to Council.
Mr. Kessel asked when the response was sent to his legal counsel.
Mounds View City Council June 6, 2001
Special Meeting Page 5
City Attorney Riggs indicated that Mr. Kessel had been notified of the allegations with a letter
dated May 30, 2001 received on May 31, 2001 and noted that there had been no change at all in
those allegations. He then noted that the only information that had been obtained is supporting
documentation for those allegations.
Mr. Kessel asked for a copy of the summary recommendation.
City Attorney Riggs indicated Mr. Kessel was entitled to a copy but noted that he could not give
him a copy as Mr. Kessel is represented by legal counsel. He then noted that City Administrator
Miller could provide a copy to him. He further noted that in his correspondence to Mr. Kessel’s
legal counsel he had offered to provide a copy of the summary recommendation.
Mr. Kessel asked if there were supporting documents.
City Attorney Riggs indicated there were supporting documents.
Mr. Kessel asked when those documents were provided to Council.
City Administrator Riggs indicated the documents were provided to Council just before the
meeting started, approximately between 6:30 p.m. and 7:00 p.m.
Mr. Kessel stated he would support and cooperate with a third-party investigation and then said
he feels he would be exonerated by the investigation.
City Attorney Riggs noted that he had responded to counsel for the defendants and noted that his
response was sent between 4:30 p.m. and 5:00 p.m. He noted his response does contradict the
positions raised by Mr. Kessel’s legal counsel in the letter and does directly site language from
the May 30, 2001 letter which is in error in the letter from Mr. Kessel’s counsel but correct in his
letter to her.
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 2001-
5700, a Resolution Terminating the Employment of Bruce Kessel as Finance Director for the
City of Mounds View Effective June 7, 2001.
City Attorney Riggs noted the Resolution would require a revision as the Resolution was drafted
based on the statement from Mr. Kessel’s legal counsel that he would not be responding to the
allegations or the summary recommendation.
Mr. Kessel asked if he could make a comment.
City Attorney Riggs indicated that Mr. Kessel’s due process right was closed but allowed him to
make his comment.
Mounds View City Council June 6, 2001
Special Meeting Page 6
Mr. Kessel stated that, if his attorney were present at the meeting, there would be a more
complete response and then stated that he was advised by City Attorney Riggs that no action
would be taken at this meeting.
City Attorney Riggs indicated that he had never indicated to Mr. Kessel that no action would be
taken at this meeting as that is not something he could advise.
Mr. Kessel indicated he was not sure if his legal counsel responded or would have had time to
respond to the letter sent by City Attorney Riggs between 4:30 p.m. and 5:00 p.m. and indicated
that it would be nice to keep the matter out of the court system.
Council Member Thomas suggested a friendly amendment to the motion to omit the word “not”
on Page 2, Line 1
Council Member Quick accepted the friendly amendment and Council Member Thomas
seconded the motion.
City Attorney Riggs indicated there must be unanimous consent of Council to waive the reading
or it must be read.
Mayor Sonterre asked if there was consent to waive the reading.
Council asked that City Administrator Miller read Resolution 2001-5700.
City Administrator Miller read Resolution 2001-5700 for the record.
Council Member Marty stated that he felt there should be an independent investigation into the
matter.
Ayes – 4 Nays – 1(Marty). Motion carried.
Mayor Sonterre noted there had been a request for a recess to discuss Item 6C and noted the
recess would be limited to 9:05 p.m.
The City Council recessed at 8:45 p.m.
The City Council reconvened at 9:13 p.m.
C. Personnel Issues. Preliminary Consideration of Allegations or Charges
against an Individual Subject to City Authority.
City Attorney Riggs noted that per Minnesota Statute Section 13D.05, Subd. 3(b) Council was
required to close the session to evaluate and impose discipline. He noted he had received a
request from legal counsel for the individual against whom the charges are alleged that requested
Mounds View City Council June 6, 2001
Special Meeting Page 7
the issue be handled in an open session rather than a closed session. He then asked Mr.
Hammerschmidt if he still wished the matter to be handled in an open session.
Mr. Hammerschmidt indicated he wished the matter to be handled in an open session.
City Attorney Riggs indicated that the process would be the same for Mr. Hammerschmidt and
indicated that he had received a letter from Mr. Hammerschmidt’s legal counsel indicating that
Mr. Hammerschmidt would not be responding to the allegations against him.
City Attorney Riggs indicated that Mr. Hammerschmidt would be provided with an opportunity
to respond to the allegations contained in the May 30, 2001 letter received by Mr.
Hammerschmidt on May 31, 2001 and to the summary recommendation of the City
Administrator.
City Administrator Miller read a summary recommendation that recommended termination of the
employment agreement and termination of Mr. Hammerschmidt’s employment with the City
effective thirty (30) days after notice is provided to Mr. Hammerschmidt.
City Attorney Riggs indicated that Council needed to offer Mr. Hammerschmidt his due process
right to a direct response to the allegations contained in the May 30, 2001 letter and the summary
recommendation of City Administrator Miller.
Mr. Hammerschmidt indicated he would not read the letter from his legal counsel as Mr. Kessel
had previously done so.
City Attorney Riggs asked if Mr. Hammerschmidt would like the letter entered into record by
Council.
Mr. Hammerschmidt indicated that he would like the letter entered into record.
Mr. Hammerschmidt then noted he would read the paragraph not read by Mr. Kessel.
City Attorney Riggs indicated that, if Mr. Hammerschmidt read the paragraph of the letter, his
due process would end and he would not be allowed further comment.
Mr. Hammerschmidt then asked for a copy of the charges.
City Attorney Riggs noted that Mr. Hammerschmidt had received a copy of the charges and
noted, if Mr. Hammerschmidt wished to have a copy of the charges, a copy could be provided to
him but stated that Council would need to recess to make a copy for him.
Mr. Hammerschmidt indicated he had a copy but did not bring it with him and then withdrew his
request for a copy. He then asked City Administrator Miller to read the allegation in the
summary recommendation that indicated he had not taken care of the golf course.
Mounds View City Council June 6, 2001
Special Meeting Page 8
City Administrator Miller re-read the allegation Mr. Hammerschmidt had requested.
Mr. Hammerschmidt asked if there would be any facts presented with the charges.
City Attorney Riggs noted that Mr. Hammerschmidt had the right to respond to the allegations
only.
Mr. Hammerschmidt inquired as to whether an investigation was conducted.
City Attorney Riggs indicated that Mr. Hammerschmidt could address Council but noted that
Council did not need to answer questions.
Mr. Hammerschmidt indicated that Mr. Kessel had asked the same question and his question was
not answered completely. He then inquired as to whether the charges were presented to Council
at a 6:30 p.m. meeting.
City Attorney Riggs indicated there had been no Council meeting until this meeting which started
at 7:10 p.m.
Mr. Hammerschmidt indicated that he was under the impression that reams of material would be
given to him along with additional charges at this meeting and noted that his attorney did not
want to respond to the charges until all of the information had been received. He then noted he
was at the meeting Monday night to defend the charges and noted there were no additional
charges at this meeting.
Mr. Hammerschmidt indicated that he feels that it belies any common sense that the Council and
the City would not want to clean this mess up with a third-party investigation rather than
litigation. He then noted that both he and Mr. Kessel have asked for an independent
investigation and feel that it would save the taxpayers of the City money rather than paying
attorney’s fees.
Mr. Hammerschmidt thanked the people of Mounds View who have supported him and Mr.
Kessel and told the audience that he feels he has done “a hell of a job at the Bridges” and that
Mr. Kessel did “a hell of a job” as Finance Director. He then stated that he feels he and Mr.
Kessel are being railroaded out of the City.
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 2001-
5701, a Resolution Terminating the Employment Contract and Employment of Mr.
Hammerschmidt Effective Thirty (30) Days from the Date of the Resolution.
Mayor Sonterre inquired if it was the consent of Council to waive the reading.
Council Member Marty indicated he would like the Resolution read.
City Administrator Miller read Resolution 2001-5701 for the record.
Mounds View City Council June 6, 2001
Special Meeting Page 9
Council Member Marty stated he is still curious as to why Mr. Hammerschmidt’s grievance to
the letter of reprimand was not answered. He then noted that he would like a third-party
investigation into the matter and stated he has questions concerning some of the allegations and
would like to receive verification of the allegations.
Council Member Stigney commented that he thought the recess was given to allow Council to
review documents supporting the allegations.
Council Member Marty indicated he had asked for verification and received verbal verification
but stated he would like to see actual numbers or spreadsheets. He then noted he also had other
requests for verification he would like to receive.
Ayes – 4 Nays – 1(Marty) Motion carried.
7. SPECIAL ORDER OF BUSINESS
None.
8. REPORTS
None.
9. APPROVAL OF MINUTES
None.
10. Next Council Work Session: Monday, July 2, 2001
Next Council Meeting: Monday, June 11, 2001
11. ADJOURNMENT
Mayor Sonterre adjourned the meeting at 9:35 p.m.
Transcribed and recorded by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.