HomeMy WebLinkAboutMinutes - 2001/07/23PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
'' ~~
h~ ~V "' '~ ,~ ~ July 23, 2001
4 "~'~ ~:, t ~ '~ '' Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:02 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas.
3. APPROVAL OF AGENDA
A. Monday, July 23, 2001 City Council Agenda.
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City Administrator Miller suggested the Council go into closed session to discuss the audit
investigation.
Public Works Director, Michael Ulrich, requested item J. Resolution 5595, Approving a Public
Hearing for Mounds View Drive Resurfacing Project be added to the Council Business.
Mayor Sonterre requested that Council Business Item 7F be moved to 7A and the other items be
renumbered.
MOTION/SECOND: Thomas/Stigney. To Approve the Agenda as Amended.
Ayes - 5
4. PUBLIC INPUT
Nays - 0 Motion carried.
Bill Werner, 2765 Sherwood Road, read an open letter to Kathleen Miller. He requested a copy
be included in the minutes, which is below.
Date: 07-23-01
To: Kathleen Miller, MV Clerk-Administrator
From: William Werner 2765 Sherwood Rd.
Subject: Charter Requirements
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The Mounds View city constitution, in the form of a charter, requires department
heads to report in person to the public once each quarter at a regularly scheduled
council meeting.
Mounds View City Council July 23, 2001
Regular Meeting Page 2
This requirement for presenting the public with information on the workings of
the city staff has been largely ignored. I believe this disregard has been
detrimental to the proper operation of the city, leading to many surprises that have
befallen Mounds View in recent weeks.
As an original member of the Mounds View Charter Commission at the time the
charter was written, I want to offer my recollection of the spirit of this
requirement when it was written and as it was practiced initially after the charter
was voted in.
The objective of this quarterly report is to continually inform the public of the
status, progress and plans on all projects in the city. This includes budget status
and projected expenditures on all funding, including monies from other agencies.
The finance director is expected to arrange his accounting procedure to make
transparent to the public all financial activities and plans. The city administrator
should set an example by encouraging full disclosure in order to enhance
accountability at the department level.
This kind of expression of accountability to the citizens of Mounds View would,
in my opinion, enhance the well being of Mounds View.
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To quote one of the nation s founding fathers: Any nation that expects to be
ignorant and free, expects what never was and never will be."
Signed, William Werner
Mayor Sonterre added that the Council requested the Charter Commission look into this and give
an opinion. No opinion was specifically rendered. This is something that had to be interpreted
by the Council He requested that City Administrator Miller add this item to the agenda for the
Council's next work session.
Naza Werner, 2765 Sherwood Road, stated she is a longtime resident. She stated that people are
thoroughly disgusted with the city government. She felt that the Council should be more open
with information beforehand instead of disclosing bits and pieces just before it was time to vote.
She added that if a citizen wants information, they must file a written request. Then they must
wait along time for a response. She said as she watches Council meetings, she gets the
impression that some Council Members lack sufficient information to make wise decisions. She
felt some decisions seem to be rubber stamped. Ms. Werner commented this is detrimental to the
city and its reputation.
Dana Mandosa, 2633 Clearview Avenue, stated he was told at the last Council meeting that if he
. wanted information, he would need to formally request it. On July 17, he said he made that
request. He asked when he should expect that information to come back.
Mounds View City Council July 23, 2001
Regular Meeting Page 3
• Mayor Sonterre pointed out the public disclosure process is one in which they take requests in
order. Mayor Sonterre remarked he could not speak with regard to where this request is. He
asked that Mr. Mandosa have patience.
City Administrator Miller confirmed Mayor Sonterre's explanation of how requests are handled.
She stated she has reviewed the requests with the City Attorney's office. She has recently
finalized some requests regarding Mr. Hammerschmidt and Mr. Kessel. She mentioned she
discussed with City Attorney Riggs the number of requests the City has received. Mr. Mandosa's
requests would be received in the next few weeks.
Mr. Mandosa asked how many requests the City has. City Attorney Riggs stated there are ten to
fifteen, and some of those requests are multiple requests. City Attorney Riggs stated that Mr.
Mandosa's request included three separate items, and he thought the request could be handled in
about a week.
Michelle Sandback, 2356 Sherwood Road stated she spoke with Frank Pafkow of MN/DOT
recently regarding the noise wall. Mr. Pafkow sent a letter to the City, and Ms. Sandback
requested a copy of the letter. She reported she watched a replay of the April 8 public forum
meeting with Representative Evans, the Senator, Mr. Patkow, and Mayor Sonterre. At the
beginning of the meeting, Mayor Sonterre stated the list of questions would be forwarded to
MN/DOT. Mr. Pafkow informed Ms. Sandback that he has not received that letter. Mayor
• Sonterre offered to send a video tape to Mr. Pafkow. Mayor Sonterre added that he spoke with
the Senator's office and scheduled a follow up meeting for August 1 with MN/DOT.
Council Member Marty thanked Ms. Sandback for forwarding the information she discovered to
the City Council.
Jane Stolelamp, 2305 Sherwood Road, stated she presented a petition on behalf of the Residents
for Greenfield Pond at the last Council meeting. She reported she has since received information
from the Environmental Quality Board. They determined the petition was valid and that the Rice
Creek Watershed is the responsible governmental unit. The Environmental Quality Board has
given direction to the Watershed for what to do next. Ms. Stolelamp provided a copy of this
letter to City Administrator Miller.
David Jahnke, 8428 Eastwood Road, publicly thanked Sheri Gunn for all the work she did in
Festival in the Park. He also thanked the Lions Club for all their work.
Mr. Jahnke stated that TIF funding is one of his pet peeves and he had a question regarding this.
He stated that the Council reported they were being checked for TIF funding by the state some
time ago. Mr. Jahnke requested a report if the Council received one.
Aaron Parrish, Economic Development Coordinator, responded the City did receive a
preliminary letter. He stated he was planning to present this report in the EDA Reports.
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Mounds View City Council July 23, 2001
Regular Meeting Page 4
. Mr. Jahnke questioned if this report is available. City Attorney Riggs responded it is not public
data until the city provides a report. The City has 60 days to prepare a report.
Mr. Jahnke questioned whether he could receive a copy of the audit on the golf course. City
Administrator Miller replied that report is not available as of yet.
Dan Lamb, 2305 Sherwood Road, stated he had been attempting to contact Council Member
Marty the prior week. He asked if Council Member Marty had a number for the Rice Creek
Watershed. Mayor Sonterre responded there has been no response from the Rice Creek
Watershed. Council Member Thomas place a phone call to that agency and did not receive an
answer as of yet.
5. UNFINISHED BUSINESS
None.
6. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Licenses for Approval
C. Building G Parking Lot Expansion, Resolution 5589
D. Approval of Resolution 5585 Authorizing Application for an Opportunity Grant
. Through the Livable Communities Demonstration Program for the Highway 10
Reconstruction and Revitalization Study
E. Approval of Resolution 5586 Authorizing Application for an Opportunity Grant
Through the Livable Communities Demonstration Program for the Laport
Meadows Housing Development.
F. Resolution 5590 Approving a Tobacco License for Walgreens #06447 (2387
Highway 10)
Council Member Marty questioned whether Council Member Stigney received answers for his
questions at the last meeting on Just and Correct Claims. Council Member Stigney stated he
received partial answers.
MOTION/SECOND: Marty/Thomas. To Approve Consent Agenda Items A through F as
Presented.
Ayes - 5 Nays - 0 Motion carried.
7. COUNCIL BUSINESS
A. Update Report Regarding Charitable Gambling License for Lake Region
Hockey at Robert's Off 10.
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Mounds View City Council July 23, 2001
Regular Meeting Page 5
Assistant to the City Administrator Reed reported that at the July 9 City Council meeting, there
was a resolution requesting approval for gambling at Robert's Off 10. A representative from the
Lion's Club questioned the action and the item was tabled.
Assistant to the City Administrator Reed stated she spoke with representatives of Lake Region
Hockey and the Alcohol and Gambling Enforcement Division as well as with Mr. Waste. Mr.
Waste indicated he did intend to terminate his lease agreement with the Lions. Mr. Waste stated
that he since had decided to lay this issue over until the end of the year. Assistant to the City
Administrator Reed stated Mr. Waste could terminate his agreement with the Lions, but would
have to do so in writing.
Assistant to the City Administrator Reed stated that Mr. Waste advised her that since the Council
meeting of July 9 he would like to continue his relationship with the Lions. She stated that City
Attorney Riggs recommended Mr. Waste submit a letter to the City to this effect.
City Attorney Riggs stated that he did speak with Lake Region Hockey on this issue and they
were agreeable.
Assistant to the City Administrator Reed stated that Staff did not have a copy of the application
that was approved by the Lions. However, this issue was before the City Council and a
resolution was approved in 1999. She reported that she checked with the State and the Lions do
hold a valid license.
Jerry Lmke, 2319 Knollwood Drtve, stated he appreciated the time that Staff put mto this issue.
He mentioned that at the last meeting, questions were raised on how the Lions spend their
money. He listed the expenditures for the past 12 months which includes emergency housing for
those in a fire or domestic problem, basic needs for families in crisis of which 41.5% of the
money was spent, scholarships for Edgewood and Pineview schools, a new engine in the van,
Festival in the Park, the community Easter egg party, the bike safety program and Scouts. He
handed out a list of these expenditures.
Mayor Sonterre pointed out that the spending wasn't the issue that was challenged. Mr. Linke
responded he understood that, but wished to give this information to the Council since their
license is up for renewal in a few months.
B. Approval of Resolution 5584, a Resolution Adopting the Updated Mounds
View Comprehensive Plan
Director of Community Development Jim Ericson presented the revised Comprehensive Plan.
This document has been worked on since 1997. The Planning Commission worked on this for
almost two years before they forwarded it to the Metropolitan Council. The Metropolitan
Council approved it and it is now before the City Council for adoption. The current
Comprehensive Plan builds heavily on the previous plan.
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Mounds View City Council July 23, 2001
Regular Meeting Page 6
Director Ericson stated that one of the stipulations to this resolution is that it should be approved
subject to an outside consultant looking at the data. He added that a few items from the census
are not included and should be. The resolution should be approved subject to statistics. Director
Ericson stated that the Comprehensive Plan is not on the Internet yet as it is waiting for approval,
however the summary is on the Internet as well as some of the maps. He explained that it will be
put on CD and it will be available at the library and at the City Hall to be checked out.
Council Member Thomas pointed out that the Comprehensive Plan is considered to be a living
document and finer detail may need to be revisited from time to time.
MOTION/SECOND: Thomas/Marty. To Approve Resolution 5584, A Resolution Approving
the Revised and Updated Mounds View Comprehensive Plan.
Ayes - 5 Nays - 0 Motion carried.
C. Consider Approval of Resolution 5587, A Resolution Approving and
Awarding Construction Bid for City Project 01-06, Edgewood Middle School
Regional Pond.
Economic Development Coordinator Aaron Parrish stated a proposal is presented to construct a
regional pond off of County Road H at Edgewood Middle School. The low bidder was Vitin
Company. The bid was evaluated by the City Consultant and it was determined this company
i does have the capacity to complete this project. Coordinator Parrish advised there is a change
the City contribution. The City's contribution will be $90,000 rather than $150,000. Property
owners that would benefit from this project have been solicited. Coordinator Parrish reported
that the engineering construction expenses will now be included. He further stated that there m
be an opportunity to realize savings if Staff can go to the site and supervise the work, dependin
on staffing levels with the City.
Council Member Stigney questioned if TIF funds are used, would that be in compliance with
state regulations. Coordinator Parrish confirmed it would be.
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Council Member Thomas thanked the staff for their hard work and stated she understood that
Staff was put in a hard spot by approaching the property owners.
Council Member Marty questioned if this would be completed in the allotted timeframe.
Coordinator Parrish stated it would be. It will need to be done in time for the school open house.
Coordinator Parrish explained the way the document reads is that the deadline to move the trail is
in August. The project deadline is November 30. Due to the paving being completed in
conjunction with Ramsey County and working around their timeline, the paving cannot be
completed in November. The contract will be left open until next year for renovation issues.
November 30 is the substantial completion date.
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Mounds View City Council July 23, 2001
Regular Meeting Page 7
• MOTION/SECOND: Quick/Marty. To Approve Resolution 5587, A Resolution Approving and
Awarding Construction Bid for City Project 01-06, Edgewood Middle School Regional Pond.
Council Member Stigney commented it would have been nice if the Mermaid could have been
involved.
Ayes - 5 Nays - 0 Motion carried.
D. Consideration of Resolution No. 5588, Establishing Parking Restriction on
Quincy Street, between County Road I and Bronson Drive
Mike Ulrich, Director of Public Works, stated that Staff met with the committee that was
established to evaluate the parking and safety issues on Quincy Street in regard to the expansion
of Pinewood Elementary School. A survey was sent to 19 property owners. The City received
15 responses to this survey with 13 of those responses being positive toward restrictive parking
between the hours of 9:00 a.m. to 4:00 p.m. He added that school hours will go unti14:30 p.m.
this year. There will be restrictions in parking between 9:00 a.m. and 4:30 p.m. school days.
Mayor Sonterre suggested there be a distinction between staff school day and student school day.
Due to after school and weekend activities, it could be a perception that school is in session when
it is not.
MOTION/SECOND: Marty/Thomas. To Approve Resolution 5588 and Waive the Reading.
Ayes - 5 Nays - 0 Motion carried.
E. Consideration of City Hall Boiler Systems Quotes
Director of Public Works Ulrich explained the Staff requested quotes from contractors for the
replacement and updating of the City Hall boiler system. One boiler stopped working last year
due to a broken heat exchanger and was tagged by the inspector.
Mr. Ulrich stated that three quotes were received. Some quotes did not comply with the request
and Staff requested additional information from the service providers. Some bidders adjusted
their quotes, and they are listed in the Staff Report. Mr. Ulrich added that there will need to be
abatement of asbestos insulation from the heating pipes in the project area, which will add
approximately $1,000 to the low quote.
MOTION/SECOND: Marty/Quick. To Approve the Quote from Lakes Air Heating and Cooling
to replace the City Hall boiler system.
Ayes - 5 Nays - 0 Motion carried.
F. Consideration of City Hall, Community Center Parking Lot Sealcoating
Quotes.
Mounds View City Council July 23, 2001
Regular Meeting Page 8
. Public Works Director Ulrich stated two quotes were requested to sealcoat the parking lots of the
Community Center and City Hall. A different material from what was used in the past will be"
used for these parking lots. Mr. Ulrich explained there is a great concern with the Community
Center if small rock is trailed into the building. The new material has a better texture and Road
Surfacing Technologies applies this with less overlap. They will also apply the sealcoating
thicker.
Council Member Thomas questioned how long this will add to the wearability of the surface.
Mr. Ulrich explained this is a scheduled project about every three to five years. The drive lanes
may wear more, but this particular material should last between five and seven years.
MOTION/SECOND: Marty/Quick. To Award the sealcoat Project of City Hall and Community
Center Parking Lots to Road Surfacing Technologies for a Sum of $18,213 to be Funded From
the Pavement Management Program Budget, 100-4470-7050.
Ayes - 5 Nays - 0 Motion carried.
G. Compensation for Seasonal Golf Course Instructor
Assistant to the City Administrator Reed explained the City Council gave direction to negotiate
an independent contract at the last City Council meeting. Also, there has been discussion
concerning whether there is a need for four positions to offer private lessons. Assistant to the
City Administrator Reed stated she spoke with the Clubhouse Manager, who advised that the
Seasonal Golf Instructor position is needed. This position would be a Master Pro that would
bring in clientele that would otherwise not have exposure to the Golf Course.
Due to new information, the recommendation for compensating the instructor under an
independent contract has changed. Assistant to the City Administrator Reed explained that City
Attorney Riggs advised that a private individual cannot run private business without
compensation to the City for wear and tear. The independent contractor must compensate the
City for use of the course rather than abiding by the original plan, which allowed the instructor to
keep 100% of the fees generated from lessons, less the cost of range balls. Also, the independent
contractor will receive $5.00 per student per lesson at the end of the eight-week program for
Junior Golf Lessons. The golfers would pay the City directly for their lessons.
Assistant to the City Administrator Reed suggested the effective date be July 23. Also backpay
for lessons given after June 15 is recommended. City Attorney Riggs explained the Council can
designate June 15 as a start date for back pay.
Council Member Marty commented that this individual is filling a need at the golf course. This
individual would add an amenity to the city, yet does not receive city pay. He questioned
whether the City should charge for the use of the driving range, parking lot, restrooms, and golf
balls.
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Mounds View City Council July 23, 2001
Regular Meeting Page 9
City Attorney Riggs explained the City is a public entity and cannot give gifts away. He further
explained that a private individual running a business on city or public property could use it
without having to pay anything for the use of it. With 70/30 split there is a component that takes
into account the use of the golf course. Therefore, the individual has a right to be on the golf
course.
Council Member Marty stated he had not had a chance to call around to see what fee the pros get
at other courses.
Assistant to the City Administrator Reed stated she did check with some other cities, and their
responses are what prompted her to ask these questions of the Council. She stated she then
received direction from City Attorney Riggs. She stated that some other cities have the pros pay
for range balls, and some did not.
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Council Member Thomas questioned if this solution now satisfies the requirements with the
State Auditor's office that caused this problem in first place. City Attorney Riggs replied it does.
The issues the State Auditor's Office raised concerned the 100% compensation which would not
be approved by the State Auditor.
MOTION/SECOND: Thomas/Quick. To Amend the Compensation Structure and Set the
Effective Date for Back Pay as June 15, 2001.
Council Member Marty questioned the fact of the 70/30 split. He explained that as the City
Attorney suggested, the City should be compensated for the use of the course. He stated his
concern was that if other golf courses are paying 100% the City should not take the chance that
this individual would take a position at a City that pays 100%. Council Member Marty
questioned if the split should be modified to 95/5.
Assistant to the City Administrator Reed stated she has spoken with individual that would be the
pro and they were agreeable with the current terms.
Council Member Quick inquired how long the contract would be enforced. Assistant to the City
Administrator Reed replied it would be enforced until October 15, and then it would be
terminated. Next year, the same discussion will need to take place, but there will be something
in place.
Ayes - 4 Nays - 1 (Marty) Motion carried.
H. Consideration of Resolution No. 5591, Approving a Feasibility Study for
Mounds View Drive Mill and Overlay Project
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Public Works Director Michael Ulrich stated the need to overlay Mounds View Drive and to
conduct a feasibility study to determine cost estimates has become apparent. Staff anticipates
that based on the consulting engineers' study, the estimated cost of $55,500.00 will suffice. Mr.
Mounds View City Council July 23, 2001
Regular Meeting Page 10
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Ulrich pointed out the original quote was only for the overlay. The City is working with the
county and their contract, and anticipate the project cost could raise as much as $8,000.
MOTION/SECOND: Quick/Thomas. To Approve Resolution 5591, A Resolution Authorizing a
Feasibility Study for the Mill and Overlay of Mounds View Drive.
Council Member Marty clarified that the estimated cost is $55,500 and will raise approximately
$8,000 to $10,000. He questioned whether the estimated cost should read $65,000. Mr. Ulrich
said that is the total estimated cost.
Ayes - 5 Nays - 0 Motion carried.
Mr. Ulrich stated the possibility is high that the study could be completed this year.
I. Consideration of Resolution No. 5592, Setting a Public Hearing for County
Road H2 Reconstruction Project
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Public Works Director Ulrich stated there have been concerns regarding street parking during
reconstruction of County Road H2. At a recent meeting, people were asked to take a response
card, fill it out and return it to the City. There was no deadline on the card so it is difficult to
determine when the responses will come back. Mr. Ulrich said he expected some cards will be
returned at the public hearing. There has been mostly positive response so far of the comments
made.
Council Member Marty brought up the assessment policy. Director Ulrich stated the residents
are assessed by the foot.
Mayor Sonterre stated some residents felt that because apartments had a higher population, they
should be charged more per foot. Director Ulrich responded there is a section in the assessment
policy that specifically addresses that situation.
Council Member Marty questioned whether this will this include a sidewalk or pathway.
Director Ulrich responded there is an eight-foot bituminous trail proposed. Preliminary plans
will be presented at the September 4 work session. The public hearing will take into account
public comments. He further explained there is a 60-day waiting period in which any resident
can solicit signatures.
Mayor Sonterre commented this is a resolution that would set a public hearing for September 10
at 7:05 at City Hall.
MOTION/SECOND: Quick/Marty. To Approve Resolution 5592 and Waive the Reading.
Ayes - 5 Nays - 0 Motion carried.
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Mounds View City Council July 23, 2001
Regular Meeting Page 11
J. Consideration of Resolution No. 5595, Approving a Public Hearing for
Mounds View Drive Resurfacing Project
Public Works Director Michael Ulrich stated mailings would be sent to all affected property
owners in the resurfacing project of Mounds View Drive. A public hearing will be set August 27
and this item will go to the City Council the second week in November.
Director Ulrich stated that paving cannot be done past the first part of November and therefore, it
maybe beneficial to extend the guidelines and not pave until the first part of Spring. However,
one consideration to paving in the spring is the freeze and thaw cycle and how that affects the
roads. Also, the cost could rise two to three times higher in the spring.
City Attorney Riggs pointed out there is a 60-day waiting period after the public hearing, and this
could hold the action up.
Director Ulrich stated that all property owners on the east would be assessed. He suggested it
maybe possible to have the property owners provide some type of document that they agree to
pay the assessments and work could begin sooner. He suggested the Charter Commission
consider this request. The 60-day waiting period is a long period and possibly 30-45 days could
be more appropriate. This timeframe would help in cases such as this one, and in larger cases.
Council Member Marty reiterated that if the paving isn't completed until next year, the cost will
rise. He suggested that if the City is approached by parties that will be assessed, if the City gives
them the facts, possibly the residents would work with the City to get the project started sooner.
Director Ulrich pointed out that there is a 60-day waiting period for anyone in the city; not just
those being assessed. Council Member Marty reiterated the possibility of asking the Charter
Commission to review this.
Council Member Quick stated it is not the Charter Commission's decision. The Council has the
responsibility to interpret the Code and suffer the consequences of its interpretation.
Council Member Stigney stated the Resolution should be corrected from County Road HZ to
Mounds View Drive.
MOTION/SECOND: Stigney/Marty. To Approve Resolution 5595 as amended, A Resolution to
Set the Date for a Public Hearing as August 27, 2001.
Ayes - 5 Nays - 0 Motion carried.
Assistant to City Administrator Reed stated she needed to present two items that maybe more
appropriate listed under Council Business.
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Mounds View City Council July 23, 2001
Regular Meeting Page 12
MOTION/SECOND: Quick/Stigney. To add items K. Consideration of Resolution 5593,
Authorizing Severance Pay for Larry Decheine and L. Consideration of Resolution 5394,
Authorizing Severance Pay for Michael Ulrich to the Agenda under Council Business.
Ayes - 5 Nays - 0 Motion carried.
K. Consideration of Resolution 5593, Approving Severance Pay for Larry
Decheine
Assistant to the City Administrator Reed stated she learned earlier that day that one of the Public
Works employees would be retiring after 31 years of service. This is the last Council meeting
prior to the employee's final date of working for the City. His last day will be July 31. Assistant
to the City Administrator Reed summarized that Mr. Decheine is entitled to 100% of accrued
vacation time, estimated at 98.94 hours. This translates to $1,838.51. There were two options
available to Mr. Decheine which are: Option 1 -lump sum payment of 50% of accrued sick
leave, or Option 2 - 65% of sick leave accrued for use toward the retiree's group health, dental
and/or life insurance premiums for as long as the funds are available up to the retiree's 65th
birthday. If Option 2 is elected, these funds maybe used only for the retiree's health, dental
and/or life insurance premiums and at no time may they be taken for cash or for any other
purpose. Mr. Decheine has chosen Option 2, which estimates his total package at $24,513.96.
MOTION/SECOND: Quick/Thomas. To Approve Resolution 5593, a Resolution Approving
Severance Pay for Larry Decheine.
Ayes -5 Nays - 0 Motion carried.
L. Consideration of Resolution 5394, Approving Severance Pay for Michael
Ulrich
Assistant to the City Administrator Reed stated Mike Ulrich has been with the City 14 years and
his last day with the City is August 3. Mr. Ulrich is entitled to 398.49 hours of vacation time.
This translates to $14,357.59. Mr. Ulrich is entitled to the same options as listed above for Mr.
Decheine. Mr. Ulrich has chosen Option 1 which estimates his total package at $31,651.99.
Council Member Marty questioned whether there is a difference between retirement or leaving as
far as benefits. City Attorney Riggs explained that Mr. Duschein will receive 65% of the benefits
while Mr. Ulrich will receive 50%.
MOTION/SECOND: Quick/Marty. To Approve Resolution 5394, Approving Severance Pay for
Michael Ulrich.
Ayes - 5 Nays - 0 Motion carried.
8. SPECIAL ORDER OF BUSINESS
Mounds View City Council July 23, 2001
Regular Meeting Page 13
Mayor Sonterre presented a plaque to Mr. Ulrich in appreciation for his hard work for the City of
Mounds View. Mayor Sonterre wished Mr. Ulrich continued success. He expressed
appreciation in working with Mr. Ulrich both on the City Council and the Park and Recreation
Commission.
9. REPORTS
A. Discuss City Council/Charter Commission joint meeting
Council Member Thomas stated that she and Charter Commissioner Chair Jonathon Thomas set
a joint meeting for Thursday, August 23 at 7:00 p.m. to discuss civil rights. The meeting will be
held in the Council Chambers.
Jonathon Thomas, 8040 Groveland Road, stated one of the Charter Commission Members
motioned to have a meeting regarding human rights. This meeting was set for August 23. There
are items that are of special importance and it became apparent that they should be discussed at a
joint meeting of the City Council and Charter Commission.
Mayor Sonterre stated he is in agreement to have a joint meeting, however his concern was it
may not be necessary to invite the Council to this meeting. The Council is always invited to the
Charter Commission's meetings and this particular meeting could be a fairly lengthy
presentation. Mayor Sonterre continued that if the joint meeting was held after the Charter
Commission meeting, there may not be sufficient time nor the necessary environment for
discussion. He suggested an invitation be issued and a separate time set up for discussion.
Charter Commission Chair Thomas stated he did discuss that possibility with the Commission
though the feeling was that this was an important issue and it would be best to present it to the
public as a joint meeting with the City Council and Charter Commission.
Mayor Sonterre stated he appreciated the invitation, though thought it could be beneficial to
discuss items in addition to the human rights issue at another time. He suggested this issue be
discussed at a work session.
Council Member Stigney stated he agreed with Mayor Sonterre that it should be a separate issue.
Mr. Werner, 2765 Sherwood Road, made a public comment, stating he thought it was important
to separate these issues.
Council Member Thomas stated a joint meeting was requested to present the information jointly
to the public. The agenda could state whether there would be a separate meeting afterward.
Council Member Quick stated he would appreciate the invitation. Council Member Marty stated
he would try to attend the meeting. Council Member Thomas stated she felt it helps for public
notification to publicize this as a Council Meeting jointly with the Charter Commission to
present this information.
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Mounds View City Council
Regular Meeting
July 23, 2001
Page 14
MOTION/SECOND: Thomas/Marty. To Accept the Invitation to a Joint Meeting with the
Charter Commission on Thursday, August 23.
Ayes - 4 Nays - 1 (Stigney) Motion carried.
Council Member Marty reported that Bill Clark, Chief of Police, is turning in his official notice
of resignation. The effective date will be 30 days from today's date.
MOTION/SECOND: Marty/Quick. To Accept the Resignation of Bill Clark, Chief of Police,
effective 30 days from July 23, 2001.
Council Member Marty expressed concern that within the last six months, six people have left
the City.
Mayor Sonterre asked if Mr. Clark had accepted another position. City Administrator Miller
stated she had no indication that he had; and the Deputy Chief was not aware that the Chief of
Police had accepted another position. City Administrator Miller stated she left a message for Mr.
Clark.
Ayes - 5 Nays -0 Motion carried.
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Council Member Marty stated he asked at the last Council meeting for an accounting of the City
Attorney's fees to date. City Administrator Miller responded she was prepared to provide
information.
City Administrator Miller provided the year to date expenditures of the City Attorney's fees as
well as a summary of what was spent last year.
Council Member Marty questioned if the golf course litigation was included last year. City
Administrator Miller stated it was.
City Administrator Miller stated the interim Finance Director provided her with two reports. She
handed out the reports and stated that $256,000 was spent last year, and $23,000 this year thus far
on City Attorney's fees.
Jerry Linke stated that the City Administrator and City Attorney violated public policy practices
by not providing copies of these reports for the public. City Administrator Miller stated the
copies would be provided to the public prior to the end of the meeting.
Public Works Director, Michael Ulrich, thanked the Mayor, Council and Staff for their work with
the City. He also thanked the Lions club and commented the Lions staff is considerate of their
jobs.
Mounds View City Council July 23, 2001
Regular Meeting Page 15
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Council Member Quick questioned City Administrator Miller on how the former Chief of Police
was being paid out in severance pay. He asked if the interim Finance Director could look at that
issue.
Council Member Marty pointed out that taxes are different depending on which option for payout
is chosen.
Assistant to the City Administrator Reed stated both Council Members Marty and Quick are
correct. She explained that to alleviate the potential for a problem, the employees now sign a
document stating they realize they have a choice and confirm their election, thereby being
furnished with the appropriate tax forms.
Council Member Quick stated he was more concerned if the City has settled the severance pay
issue with a former employee and requested that the Interim Finance Director research that issue.
Council Member Quick stated the Mounds View Matters print media of May/June states that
Coffee with the Mayor will be held the fourth Wednesday of the month.
Mayor Sonterre confirmed this and stated the next meeting will be in Mounds View Square at
9:30 a.m. on Wednesday, and the guest speaker will be the outgoing Chief of Police. The
discussion will be the changeover from traditional policing style to community policing method.
Council Member Quick stated that since this is a current issue, he believes staff should be
directed to have that videotaped and put on cable.
MOTION/SECOND: Quick/Marty. To videotape the next "Coffee with the Mayor" meeting on
Wednesday, July26 at 9:30 a.m. dependent on the availability of Staff.
Ayes - 5 Nays - 0 Motion carried.
City Administrator Miller stated that as Council Member Marty had mentioned, the Chief of
Police has submitted his resignation. She asked that the Deputy Chief is appointed as Interim
Director. She requested Council authorization for this action.
MOTION/SECOND: Quick/Sonterre. To Direct Staff to Take the Appropriate Steps to Form a
Resolution to Make the Deputy Chief the Interim Director.
Council Member Marty questioned if this would be done three weeks from now. City
Administrator Miller explained the resolution would be ready for the next Council meeting,
which then makes the resolution ready three weeks from now.
Ayes - 4 Nays -1 (Marty) Motion carried.
•
Mounds View City Council July 23, 2001
Regular Meeting Page 16
• City Administrator Miller stated she had a request for leave from the Police Chief to use 32 hours
of flex time the week of August 2. She explained that personnel policy limits hours of flex time
to 16 during any pay period. She stated she is looking for direction on this issue.
Council Member Quick asked if City Administrator Miller sees a problem in deviating from
policy. City Administrator Miller said this would set a precedent.
Council Member Marty stated he thought the Chief of Police should spread the flex hours out as
per policy. Mayor Sonterre concurred.
10. APPROVAL OF MINUTES
A. June 25, 2001 Meeting Minutes
B. June 4, 2001 Meeting Minutes
C. June 6, 2001 Meeting Minutes
Council Member Thomas requested to table the June 25 minutes in order to return them to the
secretarial staff for corrections.
Council Member Marty requested that item B, June 4 meeting minutes be tabled.
City Attorney Riggs stated that June 4 and June 6 were essentially one meeting, and therefore
both items B and C would be tabled.
MOTION/SECOND: Thomas/Marty. To Table Item 10 in its entirety for corrections.
Ayes - 5 Nays - 0 Motion carried.
MOTION/SECOND: Thomas/Marty. To Recess at 8:56 p.m. Until the end of the EDA Meeting,
then Rejourn to Closed Session.
Ayes - 5 Nays - 0 Motion carried.
Return to Council Meeting from recess to the EDA meeting at 9:17 p.m.
Mayor Sonterre adjourned the Council meeting to closed session at 9:18 p.m.
Return from closed session.
Mayor Sonterre stated there is one item the Council needs to take action on.
City Administrator Miller asked the Council to authorize City Staff to enter into terms of
engagement that was incorporated in the letter provided to herby MMKR for conducting the
Golf Course fund audit and the Community Center fund audit.
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Mounds View City Council July 23, 2001
Regular Meeting Page 17
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MOTION/SECOND: Thomas/Marty. To Enter Into Terms of Engagement as Per the Letter
from MMKR.
Ayes - 5
11. Next Council Work Session:
Next Council Meeting
Nays - 0 Motion carried.
August 6, 2001
August 13, 2001
12. ADJOURNMENT
Mayor Sonterre adjourned the meeting.
Transcribed and recorded by:
Christine Moksnes
Timesaver Off Site Secretarial, Inc.
MOUNDS VIEW CITY COUNCIL MEETING
Jul 23 2001
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