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HomeMy WebLinkAboutAgenda Packets - 2000/07/10M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\07-10-00\Regular Meeting\Agenda.doc CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, July 10, 2000 7:00 PM 1. CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. June 12, 2000 5. SPECIAL ORDER OF BUSINESS: 6. REPORTS 7. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Set a Public Hearing for 7:05 p.m., Monday July 24, 2000, to Consider the First Reading of Proposed Ordinance 658, an Ordinance Amending Chapter 1103 of the Zoning Code Pertaining to Fences and Fence Heights – Jim Ericson (no report) D. Set a Public Hearing for 7:10 p.m., Monday July 24, 2000, to Consider the First Reading of Proposed Ordinance 664, an Ordinance Amending Chapter 1106 of the Zoning Code Pertaining to Accessory Buildings – Jim Ericson (no report) 8. UNFINISHED BUSINESS 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking, must give their full name and address for the minutes. Please limit your comments to three minutes. 10. COUNCIL BUSINESS 7:05 A. Public Hearing to consider Ordinance 660, Implementing Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations within the City of Mounds View. B. Consideration to Hire Full Time Maintenance / Custodial Position 11. Next Council Work Session: Monday, July 17, 2000 Next Council Meeting: Monday, July 24, 2000 12. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 12, 2000 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Quick, and Stigney. Council Member Marty joined the meeting at 7:03 p.m. NOT PRESENT: Thomason. Mayor Coughlin stated Council Member Thomason has been granted a medical leave of absence for the entire month of June. The Council wished her Godspeed in her return. 3. APPROVAL OF AGENDA A. Monday, June 12, 2000, City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. MOTION/SECOND: Quick/Coughlin. To Accept the June 12, 2000, City Council Agenda as presented. Ayes – 3 Nays - 0 Motion carried. Council Member Marty was not present for this vote. 4. APPROVAL OF MINUTES A. Monday, May 8, 2000, City Council Minutes MOTION/SECOND: Quick/Stigney. To accept the May 8, 2000 City Council minutes as presented. Council Member Stigney stated he was not aware if he had received the May 8th meeting minutes. Mayor Coughlin explained that these minutes had been provided in the Council packets, however, because they were submitted late, it was requested that the Council have an additional two weeks in which to review them. Mounds View City Council June 12, 2000 Regular Meeting Page 2 Ayes – 4 Nays – 0 Motion carried. B. Monday, May 22, 2000 City Council Minutes Council Member Marty requested a correction to Page 17, second sentence to indicate “opposed to this.” MOTION/SECOND: Marty/Quick. To accept the May 22, 2000 City Council minutes as corrected. Ayes – 4 Nays – 0 Motion carried. C. Monday, June 5, 2000 Special City Council Meeting Minutes MOTION/SECOND: Marty/Quick. To accept the June 5, 2000 Special City Council minutes as presented. Council Member Marty commended the recording secretary on the meeting minutes, which appear to consistently improve. Ayes – 4 Nays – 0 Motion carried. 5. SPECIAL ORDER OF BUSINESS None. 6. REPORTS Council Member Marty reported the Cable Commission has not held any formal meetings in some time, however, as he had previously reported, a proposal was initiated by this Cable Commission and forwarded on to Cable Television to air the neighboring cities’ City Council meetings on Sundays. He advised that this project is still moving forward, and the Cable Commission is currently working with Media One in this regard. He indicated the City Council meetings are scheduled for broadcast on Sunday afternoons, and he would provide further information as it becomes available. Mayor Coughlin stated he has received several telephone calls from interested residents who had inquired regarding the status of these broadcasts. He noted he had mentioned this particular idea to an area Mayor who commented that the City of Mounds View was already far advanced of other cities in terms of the amount of television and Internet coverage that is taking place. Council Member Marty advised that some of the issues facing the surrounding communities could be beneficial to Mounds View and its residents. He explained that New Brighton is currently reconstructing Silver Lake Road from Interstate 694 and north, and it would be helpful to keep abreast of this project, as well as the progress of the arsenal project that is currently underway in Arden Hills. Mounds View City Council June 12, 2000 Regular Meeting Page 3 Council Member Marty read a prepared statement as follows: “I am hereby submitting my resignation to the Charter Commission. I have previously voiced concerns about the direction that this Commission is taking, and I feel even more strongly about it at this time. I had originally campaigned to make all City business public business, and it greatly distressed me that the Charter Commission refused to be televised, and met away from City offices to ensure this. I do not feel that it is the business of the Charter Commission to run the City, as the Charter Commission members are appointed by a Ramsey County Judge, which is similar to the Metropolitan Airport Commission and the Metropolitan Council in that the members are appointed, however, in those cases it is the Governor that makes the appointments, and I also have a problem with that because I feel that those governing bodies should also be publicly elected by the people, so that the citizens can ultimately have some control or say in their decisions. I believe in our Charter and I believe in our City, and I do not wish to be associated with, or affiliated with, a small group of our un-elected citizens, who as I see it, wish to try to run or control our City. Under the wrong direction I feel that this could be dangerous and could put our own Charter in possible jeopardy, and this greatly concerns me, as many people invest much time and effort into our Charter. We have good people on our Charter Commission, but once again, I implore you to try to work with the rest of the City, the commissions, City Council and City Administration, to attempt to make our City even better and stronger, without attacking various elements in our City. I wish you well, and please try to work toward the betterment of our City so that we can all move in one direction; forward, together, in strength and unity. We won’t always agree, as I well know, however, oftentimes the best decisions come out of forums such as this, in which disagreement is present but compromises are made by all in order to try to incorporate differences of opinion to achieve the best all around goal or outcome for our City and neighbors. Thank you, and please do not be led into confrontational positions with the rest of our good City and neighbors.” Council Member Stigney stated as a member of the Mounds View Charter Commission, he took umbrage with some of these statements. Mayor Coughlin stated Council Member Marty has chosen to use his report to offer his resignation, and he would prefer that this not degenerate into a situation of “he said, she said,” therefore, with this advise in mind, Council Member Stigney could make his statements, however, he did not desire the subject to be debated at this time. Council Member Stigney stated, as Council Member Marty was well aware, this resignation must be submitted to the Chair of the Charter Commission or to the Judge. He indicated he took Mounds View City Council June 12, 2000 Regular Meeting Page 4 exception to the fact that Council Member Marty had questioned the manner in which the Charter Commission is formed. He advised that the Charter Commission is formed under State Legislative law, and is set up in a manner in which a District Court Judge makes appointments to the Charter Commission based upon who he feels would best serve the residents’ interests Council Member Stigney stated he believed the Charter Commission was proceeding in exactly the direction it should be, in attempting to preserve the Charter that is currently in place, and attempting to strengthen its rights for the residents of the City. He indicated any proposals the Charter Commission makes, such as amendments to the Charter, are required to come back before the Council, and if the Council wishes to accept them, they are unanimously adopted or put to the voters. He advised that the voters of the City are the persons who make such decisions, and the appointed body of Charter Commission members that are currently in place are elected to preserve and enhance the Charter for the residents of the City, as a protection for the City. Council Member Stigney stated this was his second term on the Charter Commission, and he was very proud to serve on this body. He advised that this was a great organization for the City, and probably the only organization in the City, which establishes the bylaws in the Constitution under which the City operates with regard to residents’ rights. Council Member Quick clarified that the Charter Commission members were not elected, but rather, appointed by a Judge. Council Member Stigney accepted this clarification. Mayor Coughlin stated he received a telephone call from a resident who had inquired regarding the special meeting of the Charter Commission, and why it was not televised. He requested either of the Charter Commission members present to respond to this inquiry. Council Member Stigney stated the Commission had expected to be broadcast, however, no one was present to televise the meeting. Mayor Coughlin stated because of the resident’s telephone call, he had inquired and was informed that the Video Producer was never contacted and advised that a special meeting had been scheduled. He stated the resident had desired to know at what point the Charter Commission voted to put its meetings on television, and he could not answer this, but indicated he believed this vote was taken on the date the Charter Commission met at the library. He added that if memory serves correctly, someone had commented there was so much interest in this particular meeting that once the library was closed, the meeting was continued out in the library parking lot simply to address this issue. He inquired if Council Member Stigney was present for this vote. Council Member Stigney stated he was, adding that he attends all of the Charter Commission meetings if at all possible. He stated Mayor Coughlin was well aware of this, as the minutes come to the City and are available for review. He indicated the vote was taken at the meeting, which was held at the library, and since that time, all Charter Commission meetings should be televised, however, he was not aware of who controls the broadcasting of the meetings or how this is set up. He stated this was a very interesting meeting, and he was disappointed it had not Mounds View City Council June 12, 2000 Regular Meeting Page 5 been broadcast. He noted members of the Charter Commission were presently in the audience, and they had attended this particular meeting. He stated it would have been very beneficial for the residents to see this meeting, and he hoped they would view all of the future meetings. Council Member Quick inquired in what area of the library the meeting took place. Council Member Stigney stated it was held in the meeting room. Council Member Quick inquired how late the meeting was in session. Council Member Stigney stated he believed the library closed at 9:00 p.m. Council Member Quick inquired if this was the end of the meeting. Council Member Stigney stated the meeting was officially adjourned somewhat after that time, as the Charter Commission was required to vacate the meeting room. Council Member Quick requested clarification. He inquired if the Charter Commission left the library building at 9:00 p.m., and after leaving the building the meeting was adjourned. Council Member Stigney stated the meeting was not officially adjourned until the Charter Commission vacated the meeting room. Council Member Quick stated therefore, the Charter Commission continued the meeting outside of the meeting room. Mayor Coughlin indicated the resident who had contacted him requested clarification regarding who was in attendance at that meeting, and who voted in favor or opposition to the broadcasting of the meetings. He inquired if the Charter Commission minutes reflect that vote, or, in order to avoid his having to look this up, possibly Council Member Stigney could share this information. Council Member Stigney stated he would prefer Mayor Coughlin review the minutes, which are forwarded to the City following each meeting. Mayor Coughlin stated if the resident who contacted him had further questions, he would attempt to determine this information from the meeting minutes, or this individual could contact Council Member Stigney in this regard. Council Member Stigney suggested this individual contact that Chair of the Charter Commission. Council Member Marty stated he had asked Video Coordinator Patrick Toth why the special meeting was not televised, and Mr. Toth responded with a memorandum, indicating he had spoken with Julie Olsen, Chair of the Charter Commission, who made a comment to the effect that the Charter Commission was not a part of the City, but rather Ramsey County, therefore, they did not feel responsible to notify anyone, and they thought the broadcasting was done automatically. Council Member Stigney stated it has been reiterated and emphasized by this Council that the Charter Commission is not a part of this City, contrary to his personal beliefs. He indicated that if there is a problem with the procedure beyond the posting of meetings and where they are to be held, it should be better established. He stated this should be resolved and if there is some Mounds View City Council June 12, 2000 Regular Meeting Page 6 confusion in the matter, he would suggest someone contact the Charter Commission Chair. He stated everyone was present at this meeting, and expected to be televised however, they were not because the Video Producer was not present. Mayor Coughlin stated he believed it was incumbent upon the Chair of the Charter Commission to contact the City, rather than vice versa, adding that the Video Producer was not a mind reader. Mayor Co ughlin reported he had participated in the I-35W Corridor Coalition Buildout Study, which involved working with a variety of the principals in the seven cities of the Coalition attempting to determine some of the points of interest in our respective cities, and how we, as communities, can work together in our efforts to ensure that our plans are compatible. For example, one city might be considering a factory on their border, while their neighboring city might be planning single-family housing development in the same area, and the objective of this discussion was to attempt to coordinate efforts so all were pulling in the same direction. He stated this meeting was a good time. He indicated Community Development Director Jopke, and Planning Commission Chairperson, Jerry Peterson had also attended, and he thanked them both for taking the time to represent Mounds View in this regard. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. License Approval. C. Set Public Hearing for June 26, 2000, 7:05 p.m. to Consider Business License Renewals for Establishments that Sell Intoxicating Liquor. Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. MOTION/SECOND: Quick/Marty. To Approve the Consent Agenda for Items A, B, and C, as presented. Ayes – 4 Nays – 0 Motion carried. 8. UNFINISHED BUSINESS Mayor Coughlin requested Community Development Director Jopke provide a brief update regarding the Highway 10 Steering Committee proceedings. Community Development Director Jopke stated the Committee has meet twice in the past few weeks. He indicated the Committee examined the previous studies that have been done on Highway 10 at their first meeting, as well as some of the plans that have been developed. He stated there was a presentation by Bill Moorish of the University of Minnesota Design Center pertaining to arterial roadways and some different ways to look at it. He stated this was a very informative meeting in terms of reviewing the background of this issue, and the Committee concluded that the past studies have essentially identified the issues, which appear to be Mounds View City Council June 12, 2000 Regular Meeting Page 7 categorized into four areas, including safety, community appearance and identity, preserving environmental resources and encouraging economic development. Community Development Director Jopke advised that at their second meeting, the Steering Committee began examining those four areas, in terms of prioritizing those issues. He indicated this information would be presented at a community meeting which would be held in Council Chambers at on Tuesday, July 11th, at 7:00 p.m. He encouraged all members of the community to attend this meeting or view the broadcast, so that they might learn what those issues and priorities are, and offer their thoughts and opinions, as the City would like to ensure that this effort reflects the sentiments of the community. Community Development Director Jopke stated this information would be presented to the City Council following the second meeting, at which time, the Council would be requested to proceed to the next step, which would be to develop a specific action plan. He indicated an important part of this would be to determine short and long-term financial planning to assist in carrying out those actions. He advised that the emphasis in this particular effort is to go beyond the study stage, and make the necessary improvements to Highway 10, which is the focus of the Committee at this point. He extended his appreciation to Dan Solland, Ramsey County Traffic Engineer, for his participation in the Steering Committee meetings, adding that these have been good meetings with very good dialogue at this point. Mayor Coughlin advised that the Steering Committee meetings have been broadcast and were being rebroadcast for citizens whose schedules do not allow them to attend in person. He stated those who are unable to attend could contact the City, and contribute their input via voice or e- mail, as the City would like their voice to be heard as well. He advised that this issue is of very high priority, and the efforts of the entire community were required in order to accomplish these goals. He extended his appreciation to Community Development Director Jopke, as well as the members of the Steering Committee, most of whom were already involved in other commissions, however, were taking additional time in their schedules to meet in this forum during the month. Council Member Marty stated he had the opportunity to view the broadcast of the first Steering Committee meeting, and was very impressed with the dialogue and exchange of information, as well as the direction that was taken. He extended his appreciation to Community Development Director Jopke and all members of the Steering Committee for their efforts in this regard. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Brad Jahnke, 8408 Eastwood Road asked Council Member Marty if there was any particular reason he felt he must offer his resignation at this time, and in this public forum. Council Member Quick advised that all comments must be directed to the Chair. Mayor Coughlin granted Council Member Marty the opportunity to respond to this inquiry. Council Member Marty stated he had desired to make some points. He explained that he had first voiced his concerns with the Charter Commission when they met offsite at the Mermaid, at which time, City sites, i.e., Council Chambers and the Community Center, were available. He Mounds View City Council June 12, 2000 Regular Meeting Page 8 stated he had written a letter to the Charter Commission after that meeting and advised that one of his platform issues was to make all City business public business, however, the Charter Commission had refused to be televised. He explained that he had attended that meeting with the understanding that the Commission would be voting on the issue of televising the Charter Commission meetings at that time, however, since this meeting was not televised, he felt that if he continued to attend the meetings that were not televised, he would not be standing up for what he had stated during his campaign for office, and due to this, he has not attended any Charter Commission meetings since that time. Council Member Marty stated he had concerns about the City, and concerns about the Charter Commission. He indicated there are very good people on the Charter Commission, and very good people in the City and on the City commissions. He stated he is very proud of the commissioners, and feels that the City is run very well. He stated he took exception to the fact that from his perspective, the Charter Commission is, in some manner, attempting to run the City. He pointed out that if the Charter Commission follows the Charter without amending it to attempt to run the City, he would have no problem with this. He advised that the Charter/Constitution of the City is important, and he believes in it, however, he is concerned about a number of issues, and the tact that the Charter Commission is taking. Mr. Jahnke stated in addition to attending the City Council meetings, he recently began attending the Charter Commission meetings, and he was confused with regard to Council Member Marty’s statement, in that the Charter Commission has consistently reiterated that they do not desire to run the City or to tie the City Council’s hands in any of this. Mayor Coughlin stated their opinions are their own, and Council Member Marty’s opinions are his own. He advised that he would not attempt to get into the minds of others. Mr. Jahnke inquired if the City Council had voted to increase their salaries. Mayor Coughlin stated no. He indicated this subject was discussed simply as an idea during a dialogue session approximately six to eight months prior. Mr. Jahnke inquired if a Special Meeting was held at the City Council Work Session. Mayor Coughlin stated this was correct. He explained that it had been announced on camera at the previous meeting that there was a potential for this Special Meeting take place. Mr. Jahnke requested clarification regarding the purpose of the Special Meeting. Mayor Coughlin stated this meeting was held to consider a variety of issues, primarily the proposed amendment to the Charter that would then be forwarded on to the Charter Commission for review. He advised that this item was addressed at that time in consideration of the timing issue, in that if it was not addressed at that point, the timing could be such that a special election would be required to take place one week after the general election. He advised that a special election would cost in excess of $5,000, and therefore, it was determined that if it was the consent of the Council to move forward with this proposal, and if the timing was indeed an issue, Mounds View City Council June 12, 2000 Regular Meeting Page 9 it would be the course of the Council to hold the Special Meeting, in order to save the taxpayers money and to avoid the necessity for special elections directly following the general election. Mr. Jahnke inquired if the Council had also considered extending the Mayor’s term of office at this time. Mayor Coughlin stated the two items discussed at the Special Meeting, that would be sent on to the Charter Commission for consideration, were the proposals to convert the Clerk Administrator form of government to the City Manager form of government, and to adjust the term of Mayor to a four-year position, to reflect that of any other Council Member. Mr. Jahnke inquired if the form of government would be changed upon the hiring of a City Manager. Mayor Coughlin stated this was correct. He explained that this was previously attested to, and copies of that paperwork could be provided to Mr. Jahnke to address any further questions he might have in this regard. Mr. Jahnke stated his questions pertain to the role and powers of the City Manager, in addition to hiring and firing. Mayor Coughlin stated this has been clarified in the documentation, and at this time, he would not desire to go back into the same discussion. He advised that this proposal would go before the Charter Commission, and therefore, Mr. Jahnke would certainly hear this from that perspective as well. He stated this has all been spelled out in the Second Reading, and legal staff could provide Mr. Jahnke with that entire document, which clarifies the roles of the City Manager and the Council. He indicated that if Mr. Jahnke had further questions, he would be available to discuss this after the Council Meeting, or Mr. Jahnke could discuss this with the City Attorney. Mr. Jahnke stated he would prefer to make his inquiries in public, on television, rather than discuss them with Mayor Coughlin in private. He stated one of the reasons he liked the Charter Commission was that this does not happen in that forum. Mayor Coughlin thanked Mr. Jahnke for his comments. There were no further requests or comments from the floor. 10. COUNCIL BUSINESS A. Discussion and First Reading of Ordinance 660: Franchise Fee Ordinance Amending Ordinance 643. City Attorney Long stated the Council adopted a Franchise Ordinance regulating Reliant Energy/Minnegasco in the fall of 1999. He advised that before the Council could adopt the Franchise Fee Ordinance, the Franchise Ordinance had to take effect, and therefore, it was required to go through a publication process. He indicated that staff reviewed this paperwork to ensure it was in proper order prior to beginning to collect the franchise fee, and during this Mounds View City Council June 12, 2000 Regular Meeting Page 10 review it was discovered that the Franchise Fee Ordinance had not been placed back on the Agenda for adoption. He explained that this item was to put things in proper order so that the City could begin to collect the franchise fee. He advised that the blank space in Subd. 2 of the ordinance should indicate January 1, 2000. Mayor Coughlin inquired if this ordinance would therefore be retroactive to the first of the year. City Attorney Long stated this was correct, adding that this had all been approved in December of 1999. He advised that by State Statute, the City must receive a written consent from the Utility, and Reliant Energy/Minnegasco had provided its written consent in December of 1999, however, the item was never placed back on the Agenda. Council Member Quick requested clarification regarding the date to be inserted into the blank space in the ordinance. City Attorney Long stated January 1, 2000. MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve the First Reading of Ordinance No. 660, an Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations within the City of Mounds View. ROLL CALL: Marty, Quick, Stigney, Coughlin Ayes – 4 Nays – 0 Motion carried. B. Resolution 5451 Establishing a Park Dedication Fund and Transferring Park Dedication Funds from the General Fund and the Recreation Fund to Said Fund. Finance Director Kessel stated approximately one month ago, the Council discussed the transfer of the Park Dedication Fund out of the General Fund to provide that it could be more easily tracked. He added that because the YMCA is now managing Recreation Programming, this account is no longer necessary, and the Council had discussed transferring the remaining balance of $103,000 to the Park Dedication Fund. He advised that of this newly created Park Dedication Fund, only the interest would be utilized for enhancements to park facilities. He advised that this item was to formalize what the Council had agreed to approximately one month earlier. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution No. 5451, a Resolution Authorizing the Establishment of a Park Dedication Fund and Transferring In Various Funds to Initially Establish Said Fund. Ayes – 4 Nays – 0 Motion carried. C. Acceptance of Comprehensive Annual Financial Report for the Year Ending December 31, 1999. Finance Director Kessel stated Steve Wischman of Kern, DeWenter, & Viere, manager of the audit, has provided a management letter which summarizes the audit, and would present this item at this time. Mounds View City Council June 12, 2000 Regular Meeting Page 11 Steve Wischman, Kern, DeWenter, & Viere, stated his firm has developed a document that summarizes this item in approximately 10 pages, as well as a larger Comprehensive Report, in which they have provided an audit opinion. He advised that they provide the City with an unqualified opinion, which is the highest opinion the City can receive, and this is a fairly comprehensive document, which contains a significant amount of information. He stated this presentation would provide the Council with an overview of the management letter, which reflects some of the trends and changes in the City. Mr. Wischman stated at the beginning of the year, the City had $11,209,000 in cash investments, and at the end of the year, this amount was $10,514,000. He explained that most if not all of this is comprised of short-term investments, i.e., very secure government securities and money market type funds. He indicated the cash in the checking account was relatively insignificant compared to the investment balance, however, at $118,595, it was slightly higher at the end of 1999. Mr. Wischman advised that the General Fund is the general operating fund of the City, and the majority of the dollars flow through that fund. He indicated the Special Revenue Funds are the Park Dedication Funds and other funds, which are utilized for special purposes. He stated the Debt Service Funds accumulate the resources to pay the City’s general long-term bonds, and the Capital Projects Funds include the Community Center and State Aid Capital Projects Funds. He advised that the Enterprise Funds comprise the Water, Sewer and Golf Course Funds, and there is a minor Trust and Agency Fund, which is utilized to account for some deposits, the Lakeside Park project, and items of this nature. Mr. Wischman stated the General Fund had a decrease in cash of approximately $200,000. He explained that the actual fund balance, which is the net change or surplus in the General Fund, decreased by approximately $118,000, mostly as a result of transferring out approximately $309,000 to the Park Dedication Fund. He advised that these are resources that were accumulated for a number of years, and have now been split out and put into the Special Revenue Fund, and as a result, the Special Revenue Fund shows an increase in cash of approximately $77,000, in 1999. Mr. Wischman advised that there was a $413,000 decrease in the cash and investments of the Debt Service Fund, which was almost completely attributable to the transfer of approximately $453,000 in Tax Increment funds utilized to complete the Community Center Project. Mr. Wischman stated there was a $175,000 decrease of cash in the Capital Projects Fund. He advised that there was a transfer of $400,000, however, the expenditures in this particular fund, for the Community Center, were approximately $800,000 to $850,000. He indicated the Enterprise Funds remained fairly consistent in 1999, and he would provide further detail in this regard, at a later point in his presentation. Mr. Wischman advised that a large portion of the City’s General Fund revenues are generated through property taxes. He explained that delinquent taxes, which are a cumulative amount for the prior six years of levies, increased slightly this year, from $37,948, to $42,134. He pointed out that in consideration of the total dollars the City has levied over the past six years, this Mounds View City Council June 12, 2000 Regular Meeting Page 12 represented a very good collection rate, and there is very little discretion in the timing and cash that is presently foregone for delinquent taxes. He indicated this was a very good sign that the property taxes were being collected in a timely manner. He added that this was also the case with Special Assessments receivables. He explained that there were very few new assessments in 1999, with an ending balance of $154,000, and most of this was in current deferred tax assessments that would be forthcoming in the next five to ten years for various projects. He stated these trends were also very good. Mr. Wischman provided the Council with a chart, which depicted the composition of the City’s General Fund revenues. He stated approximately 51 percent of the total General Fund operating revenues are generated from property and franchise taxes. He indicated State and Local Government Aids comprise approximately 33 percent of these revenues, Licenses and Permits represent 6 percent, Charges for Services represent 3 percent, Investment Income is 2 percent, in addition to various miscellaneous revenues. He advised that these percentages were very consistent with prior years, and fairly typical of cities within the same geographical area. He noted that property tax revenues alone were approximately 45.5 percent, therefore, approximately 6 percent of the General Fund revenue was generated through the franchise and other taxes. Mr. Wischman stated the major portion of the General Fund expenditures, approximately 39 percent, is in the area of public safety, and again, is fairly consistent with prior years. He indicated General Government expenditures were 30 percent, Streets and Highways, 9 percent, and Culture and Recreation, approximately 10 percent. He advised that Capital Outlay and Debt Service represented approximately 12.5 percent of the General Fund expenditures. He explained that the Capital Outlay percentage could change fairly significantly from year to year, if there is a large investment year in terms of street equipment, Police vehicles, and items of this nature. He advised that this was the one variable in the General Fund, however, these figures were very consistent with prior years. Mr. Wischman stated they have taken the assets and subtracted the liabilities in the General Fund, to determine the Fund balance. He advised that at the end of 1988, the Fund balance was $100,294,000, and at the end of 1999, an eleven or twelve-year period, the Fund balance is $200,912,894. He indicated they generally look for a benchmark of approximately 6 months of operating expenditures as a Fund balance, to carry the City through the cash flow cycle. He advised that the City was at approximately 9 months of operating expenditures at the end of 1999, which was very good. He explained that in terms of future trends, the City might find that the Fund balance is somewhat pressured, particularly with the variables of the Franchise tax and items of this nature, therefore, it was appropriate to have a Fund balance in excess of 6 months, in order to continue to operate the City in an efficient manner. Mr. Wischman provided the Council with a graph, which depicted the cash flow fluctuation. He advised that cash flow varies quite significantly in a City because the City receives large portions of tax and intergovernmental revenues in May and June, and also in November and December. He explained that as a result of this, there is somewhat of a spend-down pattern through May and June, after which the City receives a large chunk of money, which is generally spent through November. He indicated the month of December is generally the highpoint for the cash flow cycle of the General Fund. He stated at the low point of approximately $1.5 million dollars, the City was significantly lower than the ending balance, and the highpoint in the cycle was Mounds View City Council June 12, 2000 Regular Meeting Page 13 approximately 3 million dollars. He indicated the graph he has provided reflects the necessity for the Fund balance to carry the City through the operating cycle of the General Fund. Mr. Wischman stated the Debt Service funds are very tightly regulated in terms of tax levies, and the Debt Service Fund balance decreased approximately $447,000, primarily due to the transfer in for the Community Center Project. He indicated with regard to the Capital Projects Funds, given the various expenditures that are made, the Community Center is basically zeroed out at the end of every year. He explained that operating transfers are made from the Tax Increment funds to finance those projects, and in 1999, the Capital Projects expenditures were approximately $1.5 million dollars, between the Community Center and the State Aid Fund. He indicated at the end of 1999, the State Aid Fund had a balance of approximately $192,000. Mr. Wischman stated the Enterprise Funds are the Water, Sewer, and Golf Course Funds. He indicated 1999 was a fairly unique year in terms of the operating revenues and expenditures of the Water Fund, in that there were some expenses for contractual services that increased the operating expenses significantly due to the Year 2000, and as a result, there was a net operating loss, however, the retained earnings in that fund, at approximately $8.2 million dollars, was still very adequate. He explained that during the previous three years, the revenues in the Water Fund exceeded the operating expenses, and he would expect this to be the case in 2000 as well. Mr. Wischman advised that the Sewer Fund maintained fairly consistent operating results. He indicated operating revenues were $1.2 million dollars, and the Metropolitan Council billings were $671,000, which decreased from the previous billing of $730,000. He stated other operating expenses increased accordingly, however, the net income bottom line is that the Fund gained $20,230, and therefore, the rates were exactly where they should be in the Sewer Fund, in order to account for depreciation and considerations of this nature. He advised that these were very consistent operations, which is very good from a budgeting standpoint in that it allows the City to predict were the financial obligations would be for that particular fund in the future. He stated this Fund was also in very good condition, with approximately $2.5 million dollars in fund equity retained earnings. Mr. Wischman stated in 1999, the operating revenues of the Golf Course Fund were almost identical, and benefited from the fact that there were decreased legal fees, which resulted in improved operations. He indicated there was however, a decrease in the retained earnings of approximately $49,000, versus a loss of $136,000. He advised that in 2000, the Golf Course Fund should show consistent operating results due to the reduced legal fees, however, there would still be some areas that would continue to require resources for corrective action on the Golf Course. He pointed out that the City was in the process of finalizing some advertising projects for the Golf Course, and they would examine this in 2000, and proceed from that point. Mr. Wischman provided the Council with a table, which depicted the tax rate percentages. He advised that the tax rates were very consistent. He indicated in 1993, the tax rates were at 21 percent, however, from 1994 to 1999, they were in the range of 25 to 26 percent. He explained that this was simply a formula based analysis of the amount of taxation on the citizens of Mounds View, and the fact that it is very consistent represents that levies remain consistent, and therefore, the taxes the citizens pay also remain very consistent. Mounds View City Council June 12, 2000 Regular Meeting Page 14 Mr. Wischman stated there were some housekeeping items in the management letter, which could be addressed at this time. He indicated the audit process went very well, and the City was very accommodating. He extended his appreciation, on behalf of Kern, DeWenter, & Viere, for the opportunity to work with and for the City. He advised that they are required to test for compliance with Minnesota Statues on various aspects of the audit, and there were zero findings, therefore, the City is in legal compliance with regard to all of items they examined. Council Member Stigney inquired if the tax rate table reflected the 4 percent Franchise Fee that has been levied upon the residents. Finance Director Kessel advised that it did not include the Franchise Fee. MOTION/SECOND: Marty/Quick. To Accept the Comprehensive Annual Financial Report for the Year Ending December 31, 1999. Mayor Coughlin inquired if copies of this document would be made available for review after it has been accepted. Finance Director Kessel stated it would be available for review at no charge, and the fee for a copy of the document was $15. Council Member Quick advised that copies would also be available at the library. Ayes – 4 Nays – 0 Motion carried. D. Consider Authorizing the Mayor and Interim Clerk-Administrator to Sign a Three-year Extension for Auditing Services with Kern, DeWenter & Viere for the Years Ending December 31, 2000, 2001, and 2002. Finance Director Kessel stated three years ago, the City received a proposal from Kern, DeWenter & Viere, which was approximately 30 to 40 percent less than the firm the City had contracted with prior to that time. He explained that over the term of that three-year contract, prices have increase in the range of 2 to 4 percent. He stated staff has been very pleased with this firm’s work, which has been presented in a timely manner. He indicated that this item has not been discussed with the Council, however, in light of the opportunity for discussion with Steve Wischman of Kern, DeWenter, & Viere at this time, staff decided to place it on the Agenda for consideration at this time. Finance Director Kessel advised that Kern, DeWenter & Viere has submitted a proposal, which reflects an increase in the range of 5 to 8 percent. He indicated there have been some changes in the educational requirements for Certified Public Accountants, and in his understanding, this has resulted in an increase in fees in the range of 5 to 10 percent, therefore, this proposal appears to be within an acceptable range, and is still significantly less than the City was paying three years prior. He stated staff recommends the City approve a three-year extension for auditing services with Kern, DeWenter & Viere. Council Member Stigney inquired if the 5 to 8 percent increase would occur annually, or over the three-year contract period. Finance Director Kessel stated the increase would occur on an annual basis. Mounds View City Council June 12, 2000 Regular Meeting Page 15 MOTION/SECOND: Quick/Marty. To Authorize the Mayor and Interim Clerk Administrator to Sign a Three-year Extension for Auditing Services with Kern, DeWenter, & Viere for the Years Ending December 31, 2000, 2001, and 2002. Ayes – 4 Nays – 0 Motion carried. E. Consideration of Sergeant’s and Patrol Contracts. Interim Administrator Ulrich stated before the Council was a report, which outlines the changes that were made to both the Sergeant’s and Patrol Unit contracts. He stated electronic copies of both contracts were provided in the Council’s packets, however, staff observed language in those documents that required to be addressed, and this was resolved that date, therefore, the contracts are in final from and awaiting execution. He indicated all of these items were discussed at previous Closed Sessions, and he was available to address any further questions at this time. Mayor Coughlin stated the Council was required to tape the Closed Session discussions, which were not broadcast due to the nature of these negotiations. He inquired if those tapes become public record when the contracts have been accepted. City Attorney Long stated this was correct. He advised that the City is required to maintain those recordings, and if the contracts are ratified, the tapes become public record. Mayor Coughlin stated these discussions would be made available for public review. MOTION/SECOND: Quick/Marty. To Approve Council Member Stigney inquired if it would be acceptable to discuss the specific terms of the contract at this time. City Attorney Long advised that the Council could hold an open discussion pertaining to the terms of the contracts, however, unless the contracts are to be ratified, they would not desire to reiterate the previous taped discussion. Council Member Stigney stated he had previously expressed concerns regarding some of the items contained in the contracts, primarily the change in the manner in which the City pays for insurance under these contracts. He explained that previously, a fixed amount of money was paid for insurance, however, both contracts have been amended to change this to an 80 versus 20 percent split, with an increase of 15 percent, which is negotiable if it exceeds that amount. He advised that this changes the form in which this has always been done in the past, and is contrary to the practice of the vast majority of cities in the State. He indicated this would have a ripple effect in terms of all City employees, and it was detrimental to the taxpayers, therefore, he did not support it. Council Member Marty stated he did not believe that this was presented as the exception to the vast majority of the cities in the State, but rather, that it is beginning to become more of the norm. He stated it was also presented that the pool of Police Officers from which to draw is not as great as it previously has been. He explained that in order to retain employees, this was an Mounds View City Council June 12, 2000 Regular Meeting Page 16 attempt to make these positions more desirable, in light of the general economy and the overall unemployment figures, which are vastly different than they were in the past. Council Member Stigney stated he stood by his statement. He indicated the League of Minnesota Cities provided the Council with a survey, which indicated that a percentage based calculation was more prevalent in eastern cities, however, within the State of Minnesota, the vast majority of all cities utilize a fixed rate formula. Mayor Coughlin stated it was his understanding that this particular issue was a significant sticking point in the negotiations. He advised that the costs attempting to arbitrate this matter would exceed the cost of this adjustment. Council Member Marty stated it was brought forward that the cost of arbitration would far outweigh any possible increases in insurance costs, in terms of the City’s legal fees. He added that this would also keep the negotiations open, and the issue would remain unresolved. Council Member Stigney requested he be allowed to respond. Mayor Coughlin stated in the interest of fairness, he would yield the Floor to Council Member Stigney, and would not speak further to this issue. Council Member Stigney stated he would like to make a clarification with regard to the costs of arbitration. He stated this represented the cost of arbitration over a one, two or three year contract period, versus a change in policy established for the City from this point forward into the future. He added that this policy would not only affect the Police Department employees, but would trickle down through to the entire City. Council Member Quick stated he has been with the City almost 16 years, and has dealt with this issue many times. He stated he has always been impressed by the Police Department, and their professionalism, and he is certainly glad that in the event he required a Police Officer’s assistance, he would know the Police Officer who comes to his aid. He stated as a Council Member and a citizen, he feels that this is a small concession to make, and if he is able to make their jobs a little easier by putting their minds at rest regarding their hospitalization, which is likely one of the most important areas of their benefit plan, so be it. Ayes - 3 Nays – 1 (Stigney) Motion carried. Interim Administrator Ulrich stated this contract has been discussed by various staff members, and as Council Member Stigney has stated, such requests would probably come from the other bargaining units and the remaining City staff, therefore, staff is seeking direction in this regard. Mayor Coughlin requested the Council’s consent to refer this discussion to the next Council Work Session. The Council agreed. Mounds View City Council June 12, 2000 Regular Meeting Page 17 F. Budget Transfers. Interim Administrator Ulrich stated the Airport Litigation / Legislation has come to a close, and staff has compiled a list of expenses for the consultants and litigation, and in consulting with the Finance Director, is requesting a budget transfer for these expenditures. He stated the litigation costs were slightly over $22,000, and the costs for Legislation came to approximately $72,000, for a grand total of approximately $94,000. He indicated the balance of the Council’s General Legal Budget is $15,000, therefore, staff is requesting a transfer of $79,000 from General Reserves to pay for this expenditure. Interim Administrator Ulrich stated staff is attempting to resolve some legal issues and bills pertaining to the Golf Course, which have been outstanding from some time. He indicated these expenses relate to the costs for legal work pertaining to the billboards, and it has not been determined which funds or dollars should be utilized to pay for these expenses at this time. He indicated that if the billboards proceed, he would assume the Golf Course would be responsible for the legal expenses related to the billboard project, however, at this time, staff is requesting a transfer of $20,347.40 from the General Reserves to pay this bill. He advised that Eller Media has agreed to pay $5,000 toward those expenses. Interim Administrator Ulrich stated several months ago, the Personnel Policies were updated, and legal staff required additional hours due to changes requested by Council during the process. He explained that the Council provided direction in the midst of this process, which covered the initial expenses, however, at this time, an additional $4,500 is requested to fulfill the City’s obligation in this regard. Interim Administrator Ulrich stated various other non-retainer issues have come in slightly over budget, in the amount of approximately $15,000, and therefore, the total amount requested for legal services for various projects and issues is $119,461.22 to be transferred from the General Reserves into the City Council and Central Services budgets. Mayor Coughlin stated the Council authorized the majority of these items at different points in time, and it was stated in most motions that these items should be paid out of funds deemed appropriate by the Finance Director. He inquired if this was item was simply a housekeeping measure to ensure that all these obligations are met in synchronization with the auditors’ report. Interim Administrator Ulrich stated this was correct. He stated it was his understanding that the City could not go into deficit funding, and therefore, a transfer must be made into these accounts. Mayor Coughlin stated therefore, this was simply the Finance Director’s recommendation, and the majority of these items were expenditures that were previously authorized by the Council. Council Member Marty inquired, in light of the Council’s authorization, why these bills had not already been paid. Mounds View City Council June 12, 2000 Regular Meeting Page 18 Interim Administrator Ulrich indicated he could not provide a detailed answer, other than to state that staff was waiting for the Airport Legislation to be completed, which, as the Council was aware, occurred only a week and a half earlier. Council Member Quick inquired if staff had just received these billings. Council Member Marty inquired if staff had not received any bills prior to this time. Mayor Coughlin stated no. He explained that these amounts represented somewhat of a running total, and he had recently discussed this with Jim Strummond at the Airport reception. Council Member Marty stated Eller Media has agreed to pay $5,000, however, the legal bills exceed $20,000. He inquired if there was any possible means to collect the remaining amount from Eller Media. Mayor Coughlin stated City Attorney Long, Interim Administrator Ulrich and he were present at the meeting during which these negotiations with Eller Media took place. He advised that the Golf Course and Finance Directors negotiated an extremely good compensation package with Eller Media. He explained that the City is responsible for a portion of these legal fees, however, Eller Media has agreed to pay the City an additional several hundred thousand dollars. Council Member Marty thanked Mayor Coughlin from refreshing his memory in this regard. Mayor Coughlin extended praise to City Attorney Long, Finance Director Kessel, and Golf Course Superintendent Hammerschmidt for a phenomenal job in these negotiations. Interim Administrator Ulrich pointed out that the majority of these bills have been paid, and were not outstanding. He explained that this item was simply a request for authorization to transfer funds accordingly. MOTION/SECOND: Quick/Marty. To Approve Staff’s Recommendation and Authorize a Budget Transfer of $79,614.22 from General Fund Reserves to City Council Budget Account No. 100-4100-3030, with an Additional $39,847.40 from General Fund Reserves to Central Services Budget Account No. 100-4160-3010. Council Member Marty inquired if this action would provide that these bills are paid in full, to date. Interim Administrator Ulrich stated in his awareness this was correct, with the exception of ongoing work that is outstanding on a couple of issues. Council Member Stigney stated in response to a resident’s inquiry, he had spoken with Finance Director Kessel that date. He stated this was a proposal to authorize transfers in the amount of $94,614 to bring the City up to date for Airport Litigation and Legislation. He stated he had inquired regarding the costs related to the Airport Litigation and Legislation during the last two years, being aware that this has been ongoing for several years, and Finance Director Kessel informed him that for 1999, and thus far in 2000, this amount was in excess of $131,000. He pointed out that the amount presented in the staff report does not represent total expenses related to the Airport Litigation, and he was uncertain how many years the City has been involved in this issue Mounds View City Council June 12, 2000 Regular Meeting Page 19 Mayor Coughlin stated the Airport Litigation began 1986, and the issue actually came forward in 1946, when the airport was built. Council Member Stigney stated he simply desired to clarify that this amount did not by any means, represent the total costs. Mayor Coughlin stated for the record, “Thank God it’s done, and that Representative Haake and Senator Novak have finally resolved this issue so that the City does not have to face these attacks on their quality of life in the future.” Ayes – 4 Nays – 0 Motion carried. 11. Next Council Work Session: Monday, July 17, 2000 – 6:00 P.M. Next Council Meeting: Monday, June 26, 2000 – 7:00 P.M. 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 8:20 p.m. Transcribed and recorded by: Trish Pearson TimeSaver Off Site Secretarial, Inc. SJR-180563v1 MU210-14 ORDINANCE NO. 660 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY MINNEGASCO NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 625, a Franchise Agreement between the City and Reliant Energy Minnegasco (“Minnegasco”), the City has the right to impose a franchise fee of not more than four (4) percent on Minnegasco in amount and fee designs as set forth in Section 4.1 of the Minnegasco Franchise. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Minnegasco under its natural gas Franchise in the amount of four (4.0) percent of Minnegasco’s gross revenues, as defined in Section 4.1 of the Franchise commencing with Minnegasco’s ____________, 2000 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4.4 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effect rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Minnegasco shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Minnegasco shall permit the City and its designated representative free access to the company’s records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. SJR-180563v1 MU210-14 Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Minnegasco by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2000. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this 12th day of June, 2000. Read and passed by the City Council of the city of Mounds View this 10th day of July, 2000. _____________________________________ Dan Coughlin, Mayor _____________________________________ Michael Ulrich, City Clerk/Administrator APPROVED AS TO FORM: _____________________________ Robert C. Long, City Attorney Item No. 10B Staff Report No. Meeting Date: July 10, 2000 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 Full Time Custodial / Maintenance Position for the Community Center Date of Report: August 29, 2018 Staff received authorization from the City Council on May 8, 2000, to proceed with the advertisement of a full-time maintenance / custodial position for the Community Center. The current year’s budget will allow for a starting salary of $12.50 per hour and still allow the City to contract for the weekend custodial services. The Parks Foreman will supervise this position directly with consultation and interaction from the contractual employees at the Community Center. As mentioned earlier the starting salary would be $12.50 per hour with full City benefits. The five-step salary plan for this position would be: Step #1 Step #2 Step #3 Step #4 Step #5 $12.50 / hr $13.13 / hr $13.79 / hr $14.48 / hr $15.20 / hr Staff received seven applications for the position. Interviews were conducted with all the applicants. It was determined that of those, Mr. John Hughes is the most qualified applicant for the position. Staff recommends Mr. Hughes be offered the position with the above salary scale and additional conditions. Mr. Hughes will start at 85% of Step #1. He will progress to the top of Step #1 within one year, with quarterly evaluations and upon satisfactory performance; an increase of 5% quarterly will be given. Thereafter, a step increase will be obtainable on the anniversary date of his employment, based on satisfactory performance. This position will become part of the Public Works Bargaining Group, with it’s own standards, (job description) and pay scale. Mr. Hughes will also be subject to a pre-employment physical and drug testing. RECOMMENDATION: Staff recommends the City Council offer Mr. John Hughes the maintenance / custodial position for the Community Center with the aforementioned conditions. __________________________________ Michael Ulrich, Interim City Administrator C:\Mike's documents\staff reports\Cust-Maint Position Recom.doc