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HomeMy WebLinkAboutAgenda Packets - 2001/11/26M:\MasterFiles\1999 thru 2010\2001\City Council\Council Packets\11-26-2001 Council\Agenda - November 26, 2001.doc CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, NOVEMBER 26, 2001 7:00 pm 1. CALL TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, Thomas 3. APPROVAL OF AGENDA 4. PUBLIC INPUT: A. Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 5. UNFINISHED BUSINESS 6. CONSENT AGENDA A. Approve Just and Correct Claims (Three versions are included for Council Review. Which do you prefer?) B. Licenses for Approval – No Licenses Submitted C. Resolution 5652 Approving a Step Increase for Jeremiah Anderson D. Resolution 5653 Approving a Step Increase for Debbie Jasper E. Resolution 5654 Approving a Step Increase for Lois Lestina-Yost F. Resolution 5655 Approving a Charitable Gambling Application for the Lions. G. Resolution 5656 Closing City Hall for Christmas Eve, December 24, 2001 H. Resolution 5658 Reclassifying the Assistant to the City Administrator position to Assistant City Administrator and Re-pointing the Position 7. COUNCIL BUSINESS 7:05 PM A. Truth in Taxation Hearing Note: Materials will be handed out on Monday evening. 7:05 PM B. Public Hearing and Consideration of an Appeal of the Planning Commission Denial of a Variance Requested by Harstad Companies Regarding the Proposed Longview Estates Major Subdivision, Planning Case VR01-010 -- Ericson M:\MasterFiles\1999 thru 2010\2001\City Council\Council Packets\11-26-2001 Council\Agenda - November 26, 2001.doc City of Mounds View Council Meeting, November 26, 2001 Page –2- C. Second Reading and Adoption of Ordinance 689, an Ordinance Amending Chapter 512 of the Municipal Code Relating to Tobacco Products – Brennan 1. Second Reading and Adoption of Ordinance. 2. Vote: Marty, Quick, Thomas, Stigney, Sonterre D. Consideration of Resolution 5650, a Resolution Approving the Final Plat for a Major Subdivision of the Properties Located at the Northeast Corner of County Road I and Long Lake Road; Planning Case MA01-003 – Atkinson E. Second Reading and Adoption of Ordinance 683, an Ordinance Approving a Rezoning from R-1, Single Family Residential to R-2, Two Family Residential, for Certain Properties Located on County Road I, East of Long Lake Road; Planning Case ZC01-001 – Atkinson 1. Second Reading and Adoption of Ordinance 2. Vote: Thomas, Marty, Quick, Stigney, Sonterre F. Consideration of Resolution 5651, a Resolution Approving a Minor Subdivision of the Property Located at 7841 Spring Lake Road; Planning Case MI01-002 -- Atkinson 8. SPECIAL ORDER OF BUSINESS 9. REPORTS 10. APPROVAL OF MINUTES A. November 13, 2001 11. CLOSED SESSION TO DISCUSS THREATENED/POTENTIAL LITIGATION 12. Next Council Work Session: December 3, 2001 Next Council Meeting: December 10, 2001 13. ADJOURNMENT RESOLUTION NO. 5652 CITY OF MONDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A WAGE ADJUSTMENT FOR JEREMIAH ANDERSON WHEREAS, Jeremiah Anderson is a regular full-time employee who began working for the City of Mounds View on December 8, 1999; and WHEREAS, Mr. Anderson’s work performance has been rated satisfactory or higher by his supervisor; and WHEREAS, Mr. Anderson’s supervisor recommends that the City Council approve a wage adjustment from step three to step four. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment for Jeremiah Anderson from step three ($16.70/hr) to step four ($17.63/hr) effective December 8, 2001. Presented this 26th day of November, 2001. ____________________________________ Rich Sonterre, Mayor (ATTEST) ____________________________________ Kathleen F. Miller, City Administrator (SEAL) Motion By: Second By: Sonterre: Quick: Stigney: Thomas: Marty: RESOLUTION NO. 5653 CITY OF MONDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A WAGE ADJUSTMENT FOR DEBBIE JASPER WHEREAS, Debbie Jasper is a regular full-time employee who began working for the City of Mounds View on December 27, 1999; and WHEREAS, Ms. Jasper’s work performance has been rated satisfactory or higher by her supervisor; and WHEREAS, Ms. Jasper’s supervisor recommends that the City Council approve a wage adjustment from step four to step five. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment for Debbie Jasper from step four ($17.25/hr) to step five ($18.16/hr) effective December 27, 2001. Presented this 26th day of November, 2001. ____________________________________ Rich Sonterre, Mayor (ATTEST) ____________________________________ Kathleen F. Miller, City Administrator (SEAL) Motion By: Thomas Second By: Marty Sonterre: Aye Quick: Aye Stigney: Aye Thomas: Aye Marty: Aye RESOLUTION NO. 5654 CITY OF MONDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A WAGE ADJUSTMENT FOR LOIS LESTINA-YOST WHEREAS, Lois Lestina-Yost is a regular full-time employee who began working for the City of Mounds View on June 11, 2001; and WHEREAS, Ms. Lestina-Yost’s work performance has been rated satisfactory or higher by her supervisor; and WHEREAS, Ms. Lestina-Yost’s supervisor recommends that the City Council approve a wage adjustment from step four to step four and one half. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment for Lois Lestina-Yost from step four ($17.37/hr) to step four and one half ($17.83/hr) effective December 11, 2001. Presented this 26th day of November, 2001. ____________________________________ Rich Sonterre, Mayor (ATTEST) ____________________________________ Kathleen F. Miller, City Administrator (SEAL) Motion By: Quick Second By: Thomas Sonterre: Quick: Aye Stigney: Aye Thomas: Aye Marty: Aye RESOLUTION NO. 5655 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING PREMISE PERMITS FOR THE LION’S CLUB TO PERMIT CHARITABLE GAMBLING AT THE MERMAID AND ROBERT’S OFF 10 IN THE CITY OF MOUNDS VIEW WHEREAS, the Mounds View Lion’s Club presently holds a charitable gambling premise permit approved by the City of Mounds View for two locations within the City; and WHEREAS, the Mounds View Lion’s Club is requesting renewal of its charitable gambling premise permits for these locations; and WHEREAS, State Law requires the Mounds View Lion’s Club to obtain individual premise permits to allow charitable gambling at the following locations: Mermaid 2200 Highway 10 Robert’s Off 10 2400 County Road H2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View hereby approves the renewal of the charitable gambling premise permits for the locations listed in this resolution for the Mounds View Lion’s Club. Adopted this 26th day of November, 2001 Richard Sonterre, Mayor ATTEST: Kathleen F. Miller City Administrator SEAL Motion: Marty Seconded: Stigney Sonterre: Aye Quick: Aye Marty: Aye Stigney: Aye Thomas: Aye RESOLUTION NO. 5656 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION CLOSING CITY HALL FOR CHRISTIMAS EVE (DECEMBER 24, 2001) WHEREAS, Section 3.10 of the City of Mounds View Personnel Manual states that employees will have “4 hours [off] Christmas Eve Day…in years where Christmas Eve…falls on a Monday, Tuesday, Wednesday, Thursday; and WHEREAS, in 2001 Christmas Eve falls on a Monday and Christmas falls on a Tuesday; and WHEREAS, staff is anticipating few, if any, calls or visits from residents on Christmas Eve; and WHEREAS, it is anticipated that several employees will request the use of personal time on Christmas Eve. NOW, THEREFORE, BE IT RESOLVED that City Hall will be closed all day Monday, December 24, 2001; and NOW, THEREFORE, BE IT FURTHER RESOLVED that all employees will be given the option of using 4 hours of vacation, flex time, compensatory time or unpaid leave; and NOW, THEREFORE, BE IT FINALLY RESOLVED that all police personnel will work their regularly scheduled hours. Adopted this 26th day of November, 2001. Richard Sonterre, Mayor ATTEST: Kathleen Miller, City Administrator SEAL Motion by: Second by: Sonterre Aye No Quick Aye No Stigney Aye No Marty Aye No Thomas Aye No RESOLUTION NO. 5658 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECLASSIFYING THE ASSISTANT TO THE CITY ADMINISTRATOR POSITION TO ASSISTANT CITY ADMINISTRATOR AND RE-POINTING THE POSITION DESCRIPTION WHEREAS, the City of Mounds View has an Assistant to the City Administrator position; and WHEREAS, staff recognized that the position description was obsolete, requiring revisions; and WHEREAS, those revisions were made to reflect the duties that have evolved with the position; and WHEREAS, the position was re-pointed by Labor Relations Associates and set at 588 points to reflect those duties; and WHEREAS, the City Administrator is recommending that the City Council approve the reclassification and re-pointing of the position to reflect the duties. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby reclassify the Assistant to the City Administrator position to Assistant City Administrator and approve the re-pointing of the position; and BE IT FURTHER RESOLVED that the City Council of the City of Mounds View does hereby approve the following pay scale for the Assistant City Administrator position: STEP ONE: $56,069.38 STEP TWO: $59,573.71 STEP THREE: $63,078.05 STEP FOUR: $66,582.38 STEP FIVE: $70,086.72 BE IT FINALLY RESOLVED that the incumbent, Givonna Reed, will be compensated at Step 1 effective January 1, 2002. Pending satisfactory performance, Ms. Reed will move to step 2 after 6 months, step three after one year. All subsequent increases will take effect annually pending satisfactory performance. Resolution 5658 Page 2 ADOPTED this 26th day of November, 2001. ________________________________ Richard Sonterre, Mayor ATTEST: ________________________________ Kathleen F. Miller, City Administrator (SEAL) Motion by: Quick Second by: Thomas Sonterre: Aye Quick: Aye Stigney: Nay Marty: Nay Thomas: Aye SJR-137976v3 MU125-32 Item No. 7C Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Tim Brennan, Deputy Police Chief/Acting Chief Item Title/Subject: Discussion of Revisions to the Tobacco Ordinance Date of Report: November 26, 2001 TOBACCO ORDINANCE REVISIONS: Revision of the Mounds View Tobacco ordinance, Chapter 512, is necessary for a number of reasons. Some language in the current ordinance is unclear in its wording, and some language is in fact in conflict with existing state statute. Language addressing penalties for minors found using or possessing tobacco needs to be inserted into 512.07 (Subd. 4) after the public hearing. Language setting the penalties for sale of tobacco products by licensee or their agents also needs to be determined. . RECOMMENDATION: It is recommended that the provided “redline” revised copy of the current ordinance be adopted, after the issues expressed above have been resolved. Respectfully Submitted, ___________________________ Tim Brennan Deputy Police Chief/Acting Chief SJR-137976v3 MU125-32 [Redlined #1] ORDINANCE NO. 689 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE RELATING TO CIGARETTE AND TOBACCO PRODUCTS AND AMENDING TITLE 512 OF THE MOUNDS VIEW MUNICIPAL CODE THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Title 512 of the Mounds View Municipal code shall be amended to read: CHAPTER 512 CIGARETTE AND TOBACCO PRODUCTS SECTION: 512.01: Definitions 512.02: License Required 512.03. Application 512.034: License Restrictions 512.04: Prohibited Sales 512.05. License fee; Term; Transfer 512.06. Display of License 512.057: Penalties 512.068: Suspension Or Revocation 512.079: Hearing And Notice 512.108: Exception 512.01: DEFINITIONS: Subd. 1. TOBACCO-RELATED PRODUCT: Cigarettes, cigars, cheroots, stogies, perique, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flower, cavendish, plug and twist tobacco, fine cut and other chewing tobaccos, shorts, refuse scrips, clippings, cuttings and sweepings of tobacco prepared in such manner as to be suitable for chewing, sniffing or smoking in a pipe, rolling paper or other tobacco related devices. Subd. 2. VENDING MACHINES: Any mechanical, electric or electronic device, SJR-137976v3 MU125-32 appliance or any other medium or object designed or used for vending purposes which, upon insertion of money, tokens or any other form of payment, dispenses tobacco products. (Ord. 553, 4-24-95) 512.02: LICENSE REQUIRED: No person shall directly or indirectly keep for retail sale, sell at retail, or otherwise dispense tobacco products unless licensed by the City. License applications shall be submitted to the Clerk-Administrator together with the license fee as determined from time to time by City Council resolution. A license shall be issued for a specific premises identified in the application and shall expire on December 31 of each year. (Ord. 553, 4-24-95)No person shall directly or indirectly or by means of any device keep for retail sale, sell at retail, or otherwise dispose of tobacco at any place in the city unless a license therefor shall first have been obtained as provided in this section. 512.03. Application. Subd. 1. Contents. Application for a license required by the provisions of this section shall be made to the City Clerk-Administrator on a form supplied by the City. Such application shall state: (a) the full name and address of the applicant; (b) the location of the building and the part intended to be used by the applicant under such license; (c) the kind of business conducted at such location; and (d) such other information as shall be required by the application form. Subd. 2. City Council Review. Upon the filing of an application with the Clerk- Administrator, it shall be presented to the City Council for its consideration. If granted by the Council, a license shall be issued by the Clerk-Administrator upon payment of the required fee. 512.034: LICENSE RESTRICTIONS: Subd. 1. General Restrictions. No license shall be issued under this section except to a person of good moral character. No license shall be issued to an applicant for the sale of tobacco at any place other than applicant's established place of business. A separate license shall be issued for the sale of tobacco at each fixed place of business, and no license shall be issued for a movable place of business. No person shall sell, offer for sale, give away, furnish or deliver any tobacco-related product to any person under eighteen (18) years of age. No person shall keep for sale, sell, or dispose of any tobacco containing opium, morphine, jimson weed, bella donna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine and other substances found naturally in tobacco or lawfully added as part of the manufacturing process. SJR-137976v3 MU125-32 Subd. 2. Possession by Minors. No person under the age of 18 years shall purchase, possess, or consume tobacco. Subd. 13. Vending machines used to dispense tobacco products shall not be located in an area which permits unrestricted access by a person under the age of eighteen (18) years even though such area may be under the supervision of the licensee or the licensee's agent or employee. This restriction shall apply to vending machines located in structures used for commercial, industrial, high-tech, office or public purposes. Subd. 24. Only one license is required for any or all vending machine(s) located on the premises of the licensee. Subd. 35. Every licensee is responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of tobacco products by an employee to a person under eighteen (18) years of age shall be considered an act of the licensee. (Ord. 553, 4-24-95) 512.04: PROHIBITED SALES: No person shall sell, offer for sale, give away, furnish or deliver any tobacco-related product to any person under eighteen (18) years of age. (Ord. 553, 4-24-95) 512.05. License fee; Term; Transfer. The fee for every license required by the provisions of this section shall be set by resolution of the City Council. The license is effective from January 1 to December 31st of each year. Payment of the license fee is due on or before the close of business on January 1st of each year. Licenses issued under the provisions of this section shall not be transferable from one person to another. 512.06. Display of License. Every license issued under the provisions of this section shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any authorized person upon request. 512.057: PENALTIES: Subd. 1. Any person selling or furnishing a tobacco-related product to any person under eighteen (18) years of age shall be guilty of an administrative offense and shall pay an administrative penalty of twenty five dollars ($25.00).Licensees. If a person licensed under this section or an employee of a person licensed under this section violates any provision of this ordinance, the licensee shall be charged an administrative penalty of $75.00. If a person licensed under this section or an employee of a person licensed under this section violates any provision of this ordinance twice at the same location within 24 months of the initial violation, the licensee shall be charged an administrative penalty of $200.00. If a person licensed under this section or an employee of a person licensed under this section violates any provision of this ordinance three times at the same location within 24 months of the initial violation, the licensee shall be charged an administrative penalty of $250.00. No penalty under this section 512.07, subd. (1) shall take effect until the licensee has received notice, served personally or by mail, of the alleged violation, and has had SJR-137976v3 MU125-32 an opportunity for a hearing before the City Council. A decision by the city council that a violation of this ordinance has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 2. Any licensee whose employee violates any provisions of this Chapter is guilty of an administrative offense and shall pay an administrative penalty of fifty dollars ($50.00). (Ord. 553, 4-24-95)Individuals. Any person who sells tobacco to a person under the age of 18 years shall be charged an administrative penalty of $50.00. This penalty shall be in addition to the penalty charged under section 512.07, subd. (1). No penalty under this section 512.07, subd. (2) shall take effect until the person against whom the penalty will be charged has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. A decision by the City Council that a violation of this ordinance has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 3. Defenses. It shall be an affirmative defense to a charge of selling tobacco to a person under the age of 18 years in violation of this ordinance that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes, Section 340A.503, subdivision 6. Subd. 4. Minors. Any person under the age of 18 years who purchases, possesses, or consumes tobacco shall be __________[language to be inserted after public hearing]. 512.068: SUSPENSION OR REVOCATION: In addition to any other penalty imposed under section 512.07, any license issued under this section may be suspended or revoked by the City Council for a violation of any provision of this Chapter if the licensee has been given a reasonable notice and an opportunity to be heard.Any violation of any provision of this Chapter may be cause for suspension or revocation. A second violation within twelve (12) months shall result in a suspension of at least not less than two (2) days. A third violation within a twenty four (24) month's time frame shall result in a suspension of at least five (5) not less than seven (7) days,. A fourth violation within a twenty four (24) month's time frame shall result in revocation of license for the balance of the year. (Ord. 553, 4-24-95) 512.079: HEARING AND NOTICE: Subd. 1. Revocation or suspension of a license shall be preceded by a hearing before the Police ChiefCity Council. A hearing notice shall be given at least ten (10) days prior to the hearing including notice of the time and place of the hearing and shall state the nature of the charges against the licensee. Judicial appeal shall be as provided for by state law. Subd. 2. An aggrieved party may appeal the decision of the Police Chief within ten (10) days of receiving notice of the City's action. The filing of an appeal stays the action of the Police Chief in suspending or revoking a license until the City Council makes a final decision. (Ord. 553, 4-24-95) SJR-137976v3 MU125-32 512.108: EXCEPTION: A person under eighteen (18) years of age who purchases or attempts to purchase tobacco-related products while under the direct supervision of a responsible adult for training, education, research or enforcement purposes shall not be subject to the penalties imposed by Section 512.05. (Ord. 553, 4-24-95) SECTION 2. This ordinance takes effect 30 days after its publication. Read by the City Council of the City of Mounds View this 26th day of November, 2001. Read and passed by the City Council of the City of Mounds View this _____ day of _____________, 2001. Richard Sonterre, Mayor Kathleen Miller, City Clerk-Administrator APPROVED AS TO FORM: Scott J. Riggs, City Attorney PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 13, 2001 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:05 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, November 13, 2001 City Council Agenda. Mayor Sonterre noted that Item 6K had been added to the consent agenda to set a public hearing for 7:05 p.m., Monday, November 26, 2001, to consider an appeal of the Planning Commission denial of a variance requested by Harstad Companies regarding the proposed Longview Estates major subdivision. Council Member Marty asked that discussion of the fitness equipment at the Community Center be added as Item 7F. City Administrator Miller indicated that the fitness equipment at the Community Center would be discussed during the closed session scheduled for later in the meeting. Council Member Marty asked if there was a reason the matter needed to be discussed in a closed session. City Attorney Riggs stated that there was a reason as he and Council Member Marty had discussed in the hall prior to the meeting. Council Member Marty indicated that, based on the attorney’s recommendation, he agrees to discuss the matter in a closed session. Council Member Stigney questioned whether the fact that the matter was to be discussed in a closed session meant that there was pending litigation on the matter. City Attorney Riggs indicated that there is an ongoing investigation and advice would be given concerning possible litigation. Mounds View City Council November 13, 2001 Regular Meeting Page 2 MOTION/SECOND: Thomas/Quick. To Approve the November 13, 2001, City Council Agenda as amended. Ayes - 5 Nays – 0 Motion carried. 4. PUBLIC INPUT Wendy Marty of 2626 Louisa Avenue indicated that at the October 22, 2001 meeting Mayor Sonterre had not allowed her to finish her comments and he had said he was willing to speak to her at another time concerning the fitness equipment at the Community Center. She then indicated that he had not returned any of her calls and that she went to coffee with the Mayor and he did not show up. Ms. Marty indicated that she has documented proof of the fact that the fitness equipment provided to the City by TSS is for in home use and has no warranty. She also indicated that she has proof that Mayor Sonterre was aware that the fitness equipment was for in home use and did not have a warranty. Ms. Marty indicated that she has documented proof that the City paid for the fitness equipment up front on June 13, 2000 and that the equipment was not ordered until December 7, 2000. She then commented that she believes the fact that the equipment was paid for up front is criminal. Ms. Marty indicated that Mayor Sonterre claimed to have sold the equipment to the City at cost but she has proof that he made a profit of $721.66. She then indicated she felt that Mayor Sonterre, as owner of TSS, should reimburse the City the amount of $219.77 which is the interest amount that a bank would have charged on a loan in the amount of $4,120.00. Ms. Marty indicated that, if it is determined that the City cannot use the equipment at the Community Center, TSS should be required to buy it back from the City or there should be other recourse for misleading the City into believing it was purchasing commercial equipment. Ms. Marty explained that she had learned that TSS had changed its name to Total Sports Services and its address to Lindstrom, Minnesota. She then indicated that she received information from the State that Jack of all Trades, d/b/a Total Sports Services is incorporated under Rich Sonterre with his agent being Dan Coughlin. Ms. Marty indicated that at the October 8, 2001 Council meeting Mr. Coughlin had made allegations concerning the former golf course manager, Mr. Hammerschmidt. Ms. Marty indicated that she had researched the calls made and they were from Hawaii to the Bridges Golf Course and the City Administrator. Ms. Marty indicated that the alleged numerous calls to financial institutions followed by calls to Atlantic City were actually three months later to private residences. Mounds View City Council November 13, 2001 Regular Meeting Page 3 Ms. Marty indicated that the phone sex calls were to a telephone number of 1-800-894-4999 which is a call talk line that says to talk to exciting people call 1-800-400-TALK and then disconnects. She then indicated that the number 1-800-400-TALK was not called by Mr. Hammerschmidt’s telephone. Mayor Sonterre interrupted Ms. Marty and told her she had exceeded the time limit and asked her to end her comments. Ms. Marty stated that she had a constitutional right to speak. MOTION/SECOND: Quick/Thomas. To Recess the Meeting. Council Member Stigney stated that he felt Ms. Marty should be able to speak her views. Council Member Marty commented that Mr. Coughlin was allowed to speak for longer than three minutes. Council Member Quick indicated that the statements of Council Member Stigney and Council Member Marty were not related to the motion on the floor. Council Member Stigney stated he did not see the need for a recess. Council Member Marty stated he did not see the need for a recess. Ayes – 3 Nays – 2 (Stigney/Marty) Motion carried. Mayor Sonterre recessed the meeting at 7:15 p.m. Mayor Sonterre reconvened the meeting at 7:25 p.m. City Attorney Riggs indicated that, if this is an issue that the public wishes to discuss, Council needs to be advised on the matter. He then indicated that since the matter is on the agenda to be discussed in a closed session, the matter should not be discussed. City Attorney Riggs indicated that the choice was to close the meeting for Council to discuss the matter at this point and then return to field questions from the public, or hear the matter at the currently scheduled closed session and hear public comment on the matter at the next Council meeting. MOTION/SECOND: Quick/Thomas. To Recess to a Closed Session. Council Member Stigney indicated he did not feel it was appropriate to recess to a closed session with so many people waiting and stated he would prefer to discuss the matter in the closed session that is already scheduled for later in the meeting. Mounds View City Council November 13, 2001 Regular Meeting Page 4 Council Member Thomas indicated that, if the residents wish to discuss the fitness equipment, Council would need to recess to discuss it. Council Member Stigney indicated that residents could ask questions concerning the fitness equipment at the next Council meeting. He further indicated that there is a closed session scheduled for later in the meeting where the matter can be discussed rather than making a lot of people wait. Council Member Stigney requested a friendly amendment to the motion on the floor to have the fitness equipment discussed at the closed session scheduled for later in the meeting. Council Member Quick, as the Motioner, did not accept the friendly amendment. MOTION/SECOND: Stigney. To Table the Fitness Equipment Discussion to Item 11 in the Agenda. City Attorney Riggs stated that Council Member Stigney’s tabling motion was out of order. Ayes – 4 Nays – 1(Stigney) Motion carried. Mayor Sonterre recessed the meeting to a closed session at 7:30 p.m. Mayor Sonterre reconvened the meeting at 10:18 p.m. Mayor Sonterre indicated that the closed session was used to discuss pending and potential litigation. MOTION/SECOND: Thomas/Quick. To Submit all Supportive Financial Documentation under Discussion to the Proper Authorities and Terminate the Contract with Innovative Images based on the Recommendation of the City Attorney. Ayes – 5 Nays – 0 Motion carried. 5. UNFINISHED BUSINESS None. 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution 5609 Approving Restaurant, Amusement and Tobacco Licenses for Jakes Sports Café at 2400 NE Highway 10 Mounds View City Council November 13, 2001 Regular Meeting Page 5 D. Resolution 5648, a Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act E. Resolution 5644, a Resolution Approving an Amendment to Resolution 5522, Approving a Development Review for an Office Building at 7664 Greenfield Avenue, Planning Case DE00-002 F. Resolution 5624 Reclassifying the Senior Clerk Typist Position to Full Time G. Resolution 5644, Approving the Adoption of a Meeting Schedule for Annual Review of the City Emergency Operations Plan H. Resolution 5645, Approving Extra Duty Pay for Certain Public Works and Golf Course Personnel I. Resolution 5646 Creating a Full Time Building Official/Fire Marshal/Fire Fighter Position Within the City of Mounds View J. Resolution 5647 Fire Fighter Declaration for the Building Official Position K. Set a Public Hearing for 7:05 p.m., Monday, November 26, 2001, to Consider an Appeal of the Planning Commission Denial of a Variance Requested by Harstad Companies Regarding the Proposed Longview Estates Major Subdivision, Planning Case VR01-010 MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Items 6A, B, C, D, E, F, G, H, and K as presented. Council Member Marty requested that Items 6E, 6I, and 6J be pulled for discussion. Council Member Marty requested a friendly amendment to the motion to include Item E. Council Member Quick accepted the friendly amendment. Ayes - 5 Nays – 0 Motion carried. MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item 6I and 6J as presented. Council Member Marty asked whether the person filling the position of Building Official/Fire Marshal/Fire Fighter would be going out on fire calls and how that would affect the City. Assistant to the Administrator Reed indicated that Item 6J, which was also pulled from the Consent Agenda for discussion, explains the matter in greater detail. She then explained that as far as PERA is concerned the fact that the individual would fight fires puts the person into the police and fire fund and that is a lower rate than the rest of the City employees. Council Member Thomas amended her motion to include Item 6J. Council Member Quick accepted the amendment. Mounds View City Council November 13, 2001 Regular Meeting Page 6 Council Member Stigney indicated that hiring a full time person, regardless of the lower rates, still costs the City money in benefits such as sick leave, vacation, and severance pay. He then commented that the City has the ability to use a contract person for that position which would save the City money because the rate could be scaled to a percentage of funds brought in from building permits. Council Member Marty explained that a couple of years ago the City changed this position to contract with the Fire Department because the building activity in Mounds View had slowed down and there was not a need for a full time person. He then explained that, based on increased building activity, Staff has deemed that there would be a cost savings to the City to hire a full time person. He further explained that, if building activity slows again in the City, the position could be re-evaluated. Council Member Stigney indicated that, once a full time person is hired, it is difficult to eliminate that position without substantial costs to the City in severance pay. He then reiterated his comment that the City has the opportunity to hire a contract person to be paid based on a percentage of the building permit funds and he feels that, figuring in benefits, the City will not be saving money. Council Member Thomas commented that she agreed with both Council Member Stigney and Council Member Marty because, usually it would be more expensive to add full time personnel due to the benefit costs to the City. She then explained that the City was faced with renegotiating the contract and that contract would no longer be cost advantage because of a significant increase in costs. She then commented that, based on those facts, she supports the hiring of a full time person. Council Member Stigney made a point of order that he feels items on the Consent Agenda that are pulled for discussion should be discussed prior to having a motion for approval on the floor. Council Member Quick indicated that Council Member Stigney’s opinion was contrary to Roberts Rules of Order. Ayes – 4 Nays – 1(Stigney) Motion carried. 7. COUNCIL BUSINESS A. Public Hearing to Consider Resolution 5610, Approving Intoxicating Liquor and Sunday Sales Licenses for Jake’s Sports Café at 2400 NE Highway 10. Mayor Sonterre opened the public hearing at 10:30 p.m. Assistant to the Administrator Reed explained that Jake’s had applied for a license to sell intoxicating liquor and for a Sunday Sales License. She explained that numerous checks had been done to make sure that Jake’s was in good standing and the Health Department had given its Mounds View City Council November 13, 2001 Regular Meeting Page 7 approval. She also indicated that the Police Department had run an extensive background check and the utility billing is in order. Assistant to the Administrator Reed indicated that the Fire Marshal had requested that sprinklers be installed in the freezer and cooler but had recommended approval of the licenses and granted time for the sprinklers to be installed. She also indicated that she had checked with the Department of Revenue and the taxes are in order. Mayor Sonterre noted that the establishment is located where the former Donnatellis and the former Knotty Pine were located. Council Member Marty questioned why the Fire Marshal had recommended changes for this business when the Knotty Pine just went through approval a few months ago. Assistant to the Administrator Reed explained that the same issues were pending with the Knotty Pine but were not corrected. She then explained that the applicants have shown the Department of Health that they have taken steps to correct the problems. Council Member Marty welcomed Jake’s to Mounds View. Mayor Sonterre closed the public hearing at 10:35 p.m. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5610, a Resolution Approving Intoxicating Liquor and Sunday Sales Licenses for Jake’s Sports Café at 2400 NE Highway 10. Ayes – 5 Nays – 0 Motion carried. B. Public Hearing and Consideration of Resolution 5641, a Resolution Approving a Preliminary Plat for Gustafson’s Fifth Addition Major Subdivision. Mayor Sonterre opened the public hearing at 10:35 p.m. Planner Atkinson explained that this was a request for approval of a major subdivision. He indicated that the property was Zoned R1 and had been rezoned to create six lots out of the existing three lots. Planner Atkinson indicated that Staff had looked at the issues and determined that the subdivision meets the zoning code requirements. He indicated that the utilities would be run behind Lots 3, 4, 5, and 6 out to Long Lake Road at the request of St. Paul Water. He also pointed out that there would be a zero lot line issue with Lots 5 and 6 to accommodate one twin home. Mounds View City Council November 13, 2001 Regular Meeting Page 8 Torri Johnson of 7730 Long Lake Road indicated she had come to the meeting to obtain information concerning the subdivision. She indicated that the subdivision had been pending for six months, she feels that this plan is the best one she has seen so far, and she thinks that it does not negatively impact the neighborhood. Ms. Johnson expressed concern with the corner lot because it seems to be small and is on a busy intersection that could cause traffic issues. She then commented that she wanted to bring the corner lot up but said it is not a large enough issue to stop the subdivision. Mayor Sonterre closed the public hearing at 10:40 p.m. MOTION/SECOND: Thomas/Marty. To Waive the Reading and Approve Resolution 5641, a Resolution Approving a Preliminary Plat for Gustafson’s Fifth Addition Major Subdivision. Ayes – 5 Nays – 0 Motion carried. Council Member Quick questioned whether, when a piece of property is subdivided, the park dedication fee is calculated on the size of the entire parcel. Planner Atkinson indicated it was not. Council Member Marty reminded Mr. Gustafson that several years ago when Council Member Marty had started running for office he had stopped and talked to him and he was cynical about the City because the City had done nothing for him. He then told Mr. Gustafson it was good to see him before Council again. Mr. Gustafson thanked Council for its approval. Council Member Marty thanked the Planning Commission for its hard work on the Gustafson subdivision. C. Introduction and First Reading of Ordinance 690, an Ordinance Amending Chapter 1001.02 of the Municipal Code (Building Code) Relating to Work Requiring a City License. Community Development Director Ericson explained that Staff had identified a couple of types of work that are not required to have a license within City Code and indicated that it is the City’s intent to do what it can to protect residents by making sure that contractors doing work in the City are licensed. He then indicated that the three types of work added to the Code are health and safety issues that should be requiring some additional insurance. Council Member Thomas expressed concern with requiring a license for fire alarm installation because it is an issue of electrical licensing which is dealt with by the state. She then commented that the level of electrical wiring for fire alarms does not rise to the level of licensing required by Mounds View City Council November 13, 2001 Regular Meeting Page 9 the state. She further suggested that requiring a license for wiring fire alarms could produce a significant quantity of backwash for the City. Director Ericson indicated the electrical component is not covered under this Code amendment. Council Member Thomas commented that she would be more comfortable with reviewing and updating the City’s Fire Code to handle this matter. Director Ericson indicated that the fire alarm installation applies to bigger projects where there is an actual box apparatus that notifies the fire and police departments which is more involved than straight forward electrical. Council Member Thomas commented there could be an issue if the alarm does not work. She also commented that the City does not have a definition of home installation versus business installation. Mayor Sonterre indicated that the fire inspector’s safety check would determine whether the system was functioning. Director Ericson indicated that the change was recommended by the building official/fire marshal because she felt this type of work was falling through the cracks and should require a license. He then indicated that, if the work being done already requires a state license, the City would not require a City license. Council Member Thomas indicated she was fine with the fuel tank issue because that is easy to define but said she is concerned that the electrical issues are complex and the City runs the risk of not being consistent. She then indicated that she feels it is the job of the building official/fire marshal to catch these items. Director Ericson indicated that the City license would offer some additional protection to the homeowner that the contractor doing the work has workers comp and liability insurance. Council Member Thomas indicated she was fine with acting on the other two but asked for more information about how the electrical issues are handled in neighboring communities. Director Ericson requested that Council receive the first reading and at the second reading request that the fire marshal come before Council to explain the reasons behind the change. Mayor Sonterre read Ordinance 690. MOTION/SECOND: Quick/Stigney. To Introduce the First Reading of Ordinance 690, an Ordinance Amending Chapter 1001.02 of the Municipal Code (Building Code) Relating to Work Requiring a City License. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council November 13, 2001 Regular Meeting Page 10 D. Public Hearing for the Second Reading and Adoption of Ordinance 688, an Ordinance Implementing a Franchise Fee on Reliant Energy Natural Gas Operations Within the City of Mounds View for the Year 2002. Mayor Sonterre opened the public hearing at 10:53 p.m. Finance Director Hansen indicated that Ordinance 688 is an Ordinance Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View. He explained that this Ordinance would continue an agreement under which Reliant collects a 4% franchise fee within the City during 2002. He further explained that the revenues from this agreement are minimal because there are only a handful of Reliant Energy customers within the City. Mayor Sonterre closed the public hearing at 10:54 p.m. Council Member Thomas indicated that on the agenda the Ordinance numbers were incorrect and indicated that Ordinance 688 was for Reliant and Ordinance 687 was for Xcel. MOTION/SECOND: Quick/Marty. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 688, an Ordinance Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2002. ROLL CALL: Quick, Stigney, Marty, Thomas, Sonterre. E. Public Hearing for the Second Reading and Adoption of Ordinance 687, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations Within the City of Mounds View for the Year 2002. Mayor Sonterre opened the public hearing at 10:55 p.m. Finance Director Hansen explained that Ordinance 687 would continue an agreement with Xcel Energy whereby Xcel Energy collects a franchise fee of 4% on its natural gas and electric fees within the City. He then indicated that he estimates the franchise fee revenue to the City with this agreement to be $400,000, $200,000 of which goes into the general fund and the other $200,000 goes into the street improvement fund. Mayor Sonterre closed the public hearing at 10:56 pm. MOTION/SECOND: Marty/Thomas. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 687, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations Within the City of Mounds View for the Year 2002. ROLL CALL: Stigney, Marty, Quick, Thomas, Sonterre. Mounds View City Council November 13, 2001 Regular Meeting Page 11 8. SPECIAL ORDER OF BUSINESS None. 9. REPORTS A. Report on a Proposed Change in the Accrual and Usage of Vacation Time for Police Officers. Finance Director Hansen explained that City employees earn a certain number of days per year of vacation and that number of days is divided by pay periods and the individual accrues vacation time per pay period. He indicated that, according to the personnel manual and City practice, those hours are available as soon as they are accrued. He then indicated that it had recently come to his attention that the policy for police officers is slightly different in that the hours accrued by police officers in 2001 are not available for use until January 1, 2002. Finance Director Hansen indicated he had researched the matter and found no information in the labor contracts or personnel manual to indicate that this type of system is required for the police department. He then indicated that after discussing the matter with Staff he could see no rationale for continuing with the way things are being done and asked Council to approve a change in the accrual method for police officers to make the policy consistent with the policy for all other City employees. MOTION/SECOND: Marty/Thomas. To Approve the Change in Accrual and Usage of Vacation Hours for Police Officers as Recommended by Staff with an Effective Date of December 1, 2001. Ayes – 5 Nays – 0 Motion carried. Council Member Marty thanked Finance Director Hansen for the just and correct claims itemization and indicated it was helpful. Council Member Thomas indicated she preferred the paper heavy version as it provided more information. Finance Director Hansen indicated he would provide a slightly different format for the next meeting for Council comparison. Council Member Thomas suggested tabling the Minutes for the next meeting in the interest of saving time. Council Member Marty stated that in the past he had been accused of voting to reinstate previous employees and then clarified that he did not vote to reinstate previous employees but voted not to terminate them because he did not agree with all of the terms and reasons given for doing so. He also clarified that he has previously supported an outside investigation. Mounds View City Council November 13, 2001 Regular Meeting Page 12 Mayor Sonterre indicated he had attended a regional home land security update hosted by Betty McCallum and indicated it was a very good seminar where he learned a lot about what the Post Office and the FBI are doing. He indicated that he had asked Charlie Weaver two questions, the first was, is there a way of tying in state and federal funding to make sure the emergency operations plan is taken seriously. He then indicated that he had told Charlie Weaver that it takes three years for someone to be trained and certified to become an emergency operations director. He further indicated that neither the Fire Chief in St. Paul nor the Commissioner of Public Safety were aware of the problem and had indicated that they would move the issue to the top of their priority list. Council Member Stigney indicated that, in light of the plane crash on Long Lake Road, he recommends that the City Administrator contact the airport and remind them that they have a gentlemen’s agreement with the City not to fly south of 85th Avenue unless traffic requires it. He then commented that he was outside that afternoon and that plane was the only plane in the air at the time. Council Member Thomas commented that there were some very gallant and brave individuals on that block that pulled the victims from the crash. She then suggested the City should recognize those individuals for their bravery. Deputy Chief Brennan indicated he had a list of those people who had helped at the scene, including residents, State Troopers, Ramsey County Deputies, and New Brighton Police Officers, and indicated he would be preparing letters of appreciation for a future Council meeting. 10. APPROVAL OF MINUTES A. October 22, 2001 City Council Minutes. MOTION/SECOND: Thomas/Stigney. To Table Approval of the October 22, 2001, City Council Minutes to the Next Council Meeting. Council Member Marty indicated he had one very small change to the Minutes. Council Member Thomas withdrew her motion. Council Member Marty requested the following change: On Page 10, fourth paragraph, change $10,000 to $100,000. MOTION/SECOND: Marty/Quick. To Approve the Minutes of the Monday, October 22, 2001 Council Meeting as Amended. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council November 13, 2001 Regular Meeting Page 13 11. CLOSED SESSION TO DISCUSS PENDING LITIGATION This item was heard earlier in the meeting. 12. Next Council Work Session: Monday, November 19, 2001 Next Council Meeting: Tuesday, November 26, 2001 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at 11:15 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.