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HomeMy WebLinkAboutMinutes - 2001/08/27PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting August 27, 2001 _ _ Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas (Absent). 3. APPROVAL OF AGENDA A. Monday, August 27, 2001 City Council Agenda. Assistant to the City Administrator Reed pulled Agenda Items 6E and 6F to be addressed at a future date. City Administrator Miller pulled Agenda Item 6D to be addressed at a future date. MOTION/SECOND: Quick/Sonterre. To Approve the August 27, 2001, City Council Agenda as amended. Ayes - 4 Nays - 0 Motion carried. 4. PUBLIC INPUT David Jahnke, 8428 Eastwood Road, asked if they have to pay any money on the golf course bonds yet. City Administrator Miller replied yes, the bonds were being paid off. Mr. Jahnke asked if the citizens of Mounds View were paying off the bond. City Administrator Miller replied she could not reply to that without checking into it. Mr. Jahnke asked when the Community Center was built and how much it was costing a month to keep it operational. Mayor Sonterre replied they could not answer that, but they would work on Mr. Jahnke's inquiry and get a response to him. City Administrator Miller replied in the past they had not kept strict controls over the various entities, but they have tried to address that issue and hoped to have some firm numbers in the future. Mounds View City Council August 27, 2001 Regular Meeting Page 2 Mr. Jahnke inquired about giving senior citizens a break on their utilities as other cities do in the area. Mayor Sonterre replied the Council would need to look at this as a whole and respond in the future. Council Member Quick asked Mr. Jahnke for a list of the cities that were giving senior citizens a break on their utilities. Mr. Jahnke replied he would provide such a list. Michelle Sandback, 2356 Sherwood Road, presented a letter to Mayor Sonterre regarding the State Highway 10 noise wall issue. She inquired what could be expected with respect to traffic volumes in 2010. She stated when Highway 10 opened in 1999, there was no noise wall along her segment. She stated Mayor Sonterre's suggestion at the August 1, 2001 meeting was a good idea and thanked the Council for their understanding. Ms. Sandback stated this was a huge concern for their neighborhood since the noise from the Highway had, and continued to cause a lot of needless stress and it had to stop. She presented a petition for a Sound Abatement Wall. The Petition covered the areas of Long Lake, Sherwood and Hillview Roads; Woodlawn, Edgewood, Jackson, Laport, Knoll, and Louis Drives; Greenfield Place and Greenfield Avenue; Quincy Street; and all of Colonial Village. There were 291 signatures representing residents who felt this noise also affected them. Mike Szczepanski, 2385 LaCourt Drive, stated he had been a resident for 22 years. He asked if the Council Members knew what the number one reported problem in America was. Mayor Sonterre stated he did not and asked if any other members had an answer. Council Member Stigney stated it was noise pollution. Mr. Szcepanski indicated that was correct and stated the people on the north end of town had been putting up with the noise since the freeway opened. He stated there had been countless meetings that Ms. Sandback had listed with numerous people from the State on down and he was confused why this had been sent to a work session. Mayor Sonterre replied it was MnDOT's money, MnDOT said how the money would be spent, and the Council needed to discuss this matter further. He stated it was appropriate for a work session. He indicated the Council could not tell the State what to do with their money and land, but the Council could make a suggestion and the State would be coming back to the City with their thoughts on the Council's suggestions. Council Member Quick asked if there was any documentation in the possession of the City regarding this. Mayor Sonterre stated he understood there was no documentation. City Administrator Miller noted she was also not aware of any documentation. Council Member Quick asked the City Administrator if they knew about the August 1, 2001 meeting. City Administrator Miller replied she did not have that information. Council Member Quick stated this was suppose to be a team effort and they should not be having meetings during the middle of the day when the whole Council could not be there. He stated the Mounds View City Council August 27, 2001 Regular Meeting Page 3 problem he had was that there was no team effort and he was very tired and disheartened Mayor Sonterre noted if Mr. Szczepanski had further issues, he should call Council Member Quick, Mayor Sonterre, or City Administrator Miller. regarding that. Council Member Quick noted he would not say anything until he saw the information. As far as he was concerned, they were at ground zero, and all he knew was that there was some money available from MnDOT, but they did not know what recommendations MnDOT were proposing. He stated they were representing all of the citizens, not just one group of citizens. Mr. Szczepanski replied the meeting was held during the middle of the day because that was when the State employees were available. Council Member Marty stated this was also news to him, and the reason they referred this to a work session was to have some control in working with MnDOT and to get everything coordinated so it was done right. He stated they were not trying to slow it down, but they wanted to make sure this was done correctly. 5. UNFINISHED BUSINESS None. 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution 5605 Denying Lake Region Hockey Association's Application to Conduct Charitable Gambling at Robert's Off 10 D. Quarterly Financial Report "available in hard copy" E. Resolution 5612 Naming Elegant Thymes Management as the Interim Management Company for the Mounds View Conference and Banquet Center F. Resolution 5611 Authorizing Payment to Elegant Thymes Management for Management of the Banquet Center G. Resolution 5613, Approving a Step Adjustment for Givonna Reed H. Resolution 5614, Approving a Step Adjustment for Tim Brennan I. Resolution 5615, Approving a Step Adjustment for Jim Ericson Council Member Marty requested that Consent Agenda Items 6G, 6H, and 6I be removed for discussion. Council Member Stigney requested that Consent Agenda Item 6A be removed for discussion. With respect to check number 106455, payment to Sysco Foods for $631.17 for a couples golf league, Council Member Stigney inquired when things exceeded the budget, why were the Mounds View City Council August 27, 2001 Regular Meeting Page 4 taxpayers picking up the difference. Assistant to the City Administrator Reed replied the additional cost would come from the golf course budget. Council Member Stigney expressed concern that the City needed closer control on spending money. Assistant to the City Administrator Reed replied this was a fee that couples paid in order to be part of this league, and this would have come from those fees paid. With respect to check number 106424, Council Member Stigney inquired why the individual who attended the conference did not fly or use staff vehicles. City Administrator Miller replied this was a police expense and it was her assumption the Police Chief approved this. However, this was a good question and she would bring it up at the staff meeting tomorrow. Council Member Stigney asked what was the policy was with respect to travel. City Administrator Miller replied she did not know the circumstances, but she would check on that and get back to the Council. With respect to check number 106412, Council Member Stigney asked who approved this party, and how it got on the City credit card. City Administrator Miller replied this had been an ongoing practice. She stated the City has had a policy of having a going away party for those employees leaving the City. However, if the Council wanted to cease this policy, she would not have a problem with that, or if they wanted to place a dollar limit on it, that was also agreeable. Council Member Stigney asked if this was a written policy. City Administrator Miller stated it was not a written policy, but the Entertainment Committee had addressed this issue when the holiday get together was discontinued. Assistant to the City Administrator Reed stated the Entertainment Committee had addressed this issue and there was no written policy she was aware of, but the City has always had some type of a going away party. She stated the City would have no problem ceasing this type of activity if the Council wanted to do that. With respect to check number 106355, Council Member Stigney asked what Bob's Auto was and their affiliation with the City. He asked if Bob's Auto was contracted with the City to do vehicle repairs and if there was some conflict of interest. City Administrator Miller replied she had checked with the Maintenance Department and had been informed they were given an estimate that exceeded the amount that Bob's Auto had bid. Bob's Auto had come in as the lowest bidder. She indicated the Maintenance Department could prepare a list of the auto businesses used when the City mechanic was not able to do the job himself. Council Member Marty asked that a list be prepared and the lowest bid be taken. With respect to check number 106334, Council Member Stigney indicated he had the same concerns with this check as he did with check number 106355. lr~ l Mounds View City Council August 27, 2001 Regular Meeting Page 5 MOTION/SECOND: Quick/Stigney. To move all of the above issues to the next work session and direct staff to prepare policies for all of these issues. Ayes - 4 (Sonterre, Quick, Stigney, Marty) Motion carried. MOTION/SECOND: Quick/Sonterre. To Approve Item 6A, Just and Correct Claims. Council Member Stigney requested a friendly amendment to remove Check number 106412, (the Ulrich party) from the approval. Council Member Quick declined the friendly amendment. Ayes - 2 (Sonterre, Quick) Nays - 2 (Stigney/Marty) Motion failed. With respect to check number 106471, Council Member Marty asked if this expense was for Xcel energy for the past winter. City Administrator Miller replied she would check and get back to Council. Council Member Quick stated this was the typical way things had been done, and the best way to handle this was to have a formal policy for these issues. With respect to the going away party, this was typical, every employee who had left had going away parties, and the City had provided some of the support for the food. Council Member Quick stated this was nothing new. He stated . they could discuss what they were going to do in the future and go from there. Council Member Stigney stated it was the amount that was bothering him, and he would not agree to pay for this at this time. He stated he would not vote for it. MOTION/SECOND: Marty. To Approve item 6A, but to refer the topic of discussion for going away parties, for the Maintenance Department to develop a list of auto repair businesses and to take the lowest bidder, and to look into travel expenses to a future work session. Council Member Marty retracted his motion. MOTION/SECOND: Marty/Stigney. To reconsider Council Member Quick's second motion to pay the bills. Ayes - 4 Nays - 0 Reconsidered motion carried. With respect to Items 6G, H, and I, Council Member Marty stated on Item 6G he wanted a copy of the performance evaluation. He also asked for the same thing on Item 6H. He stated with 15 percent pay increase as acting Chief, that person would be making more than the Chief was making and suggested the 15 percent increase be addressed. With respect to Item 6I, he stated he did not see a problem with any of these, but wanted to see the performance review. Council Member Quick inquired if that information was confidential. Mounds View City Council August 27, 2001 Regular Meeting Page 6 • City Attorney Riggs replied generally that type of information was not confidential. City Administrator Miller stated it was not provided as part of a public document, but if the Council Members wanted to see those, she would provide copies. Council Member Quick asked if that information was available to Council during the day at any time. City Administrator Miller replied that was correct. Council Member Quick stated with respect to the 15 percent question, if the person was responsible for two jobs, they should be making more money on the interim basis. Council Member Marty replied he understood that, but if the person who was filling in would be making more than the department head was making, it seemed a bit out of line. Council Member Stigney agreed they needed a cap and the cap needed to be based on the salary of the new person coming in. He requested this issue be addressed when they discuss the other policies. MOTION/SECOND: Stigney/Marty. To discuss this issue at a future work session. Ayes - 3 Nays - 1 (Quick) Motion carried. • Council Member Stigney asked if this was the normal progression of pay increases for these employees. He requested in the future the dollar amounts be added to the steps figures as well. City Administrator Miller agreed to add the dollar amounts. Council Member Marty asked if they could table this to the next Council meeting, and make the increase retroactive. MOTION/SECOND: Marty/Stigney. To Table Consent Agenda Items 6G, 6H, and 6I to the next regular Council Meeting and make the increases retroactive. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Marty/Quick. To Approve Consent Agenda Items 6B and 6C. Ayes - 4 7. COUNCIL BUSINESS Nays - 0 Motion carried. A. Consideration of a Preliminary Plat for the Mermaid Addition Major Subdivision Community Development Director Ericson stated the applicant was requesting City re-approval of the preliminary plat for the Mermaid Addition. The plat grouped together those parcels being Mounds View City Council August 27, 2001 Regular Meeting Page 7 . utilized for Mermaid expansion, which included the former Rent-All property, the Music-off-10 property, the south 361 feet of the Mounds View Business Park South plat as well as the existing Mermaid parcels. The preliminary plat was originally approved by the City Council on November 13, 2000. Due to problems working out the acquisition, the approved preliminary plat expired. He indicated this preliminary plat was consistent with the City Code regarding subdivisions. Council Member Marty asked why the trees were cut down. Community Development Director Ericson replied this was done for visibility purposes. He indicated the trees were overgrown and causing structural problems with the facility. However, trees would be replanted. MOTION/SECOND: Marty/Sonterre. To Waive the Reading and Approve Resolution 5607, a Resolution Approving the Mermaid Addition Preliminary Plat, with Stipulations. Ayes - 4 Nays - 0 Motion carried. B. Acceptance of Hillview Park Shelter Bid Jim Studenski, TDKA, asked Council to award the bid to Ebert Construction in the amount of $159,400.00, with funding of $100,000.00 from the Parks Capital and the remaining balance coming out of Park Dedication fund and/or General Fund Reserves. He stated they had received six bids and felt confident they had a good cross of contractors. He stated Ebert Construction was a good contractor and he felt they would do a good job. Mayor Sonterre stated he liked low bids, but noted it was $19,000.00 less than the next lowest bid. He asked if they were comfortable with this proposal. Mr. Studenski replied they were comfortable. He stated he did not feel that some of the high bids were trying to get the job. If they got it, they got it and if they didn't, they didn't. He stated in relationship to the second and third bidders, the third bidder came in at the estimate and the intent was that TDKA did not win the project, but the confidence level with awarding for Ebert Construction was there. He stated he had no issue with awarding them this dollar amount. Council Member Stigney asked the City Administrator where the funds were coming from and stated that $100,000 was coming from the General Fund. City Administrator Miller replied it was the intent to take $59,400 from the Park Dedication Fund. Council Member Stigney asked if there was enough money in the Park Dedication Fund to pay for this. City Administrator Miller stated she believed there was. Mayor Sonterre commented that the Mermaid had made a contribution to the Park Dedication Fund, and there would be appropriate funds. MOTION/SECOND: Stigney/Marty. To Award the Bid to Ebert Construction in the amount of $159,400.00; with funding of $100,000.00 Parks Capital and the remaining balance coming out of Park Dedication Fund. Mounds View City Council August 27, 2001 Regular Meeting Page 8 Council Member Quick added a friendly amendment indicating the Parks Capital Fund account number was 100-4360-7030 and the Park Dedication Fund account number was 251-4160-9900. Council Member Stigney accepted the friendly amendment. Ayes - 4 Nays - 0 Motion carried. C. Resolution 5608 Reestablishing Procedures for Executing Step Increases. Assistant to the City Administrator Reed stated that all step increases were to be made by the Council. She stated it appeared that since 1997 or 1998, the Council had not been presented with step increases. She asked for clarification for what the procedures would be and recommended the staff evaluations not be made public, but the Council would need to approve any step increases. Council Member Marty requested Council receive the actual performance evaluations, and not summary versions. Council Member Stigney clarified that there was no need for this except to reiterate the present policy. Assistant to the City Administrator Reed replied this was simply a housekeeping item. Council Member Stigney stated he had no problem approving this Resolution as written. Assistant to the City Administrator Reed indicated the evaluation would come to Council in summary form. Council Member Marty stated he interpreted the first Whereas in the Resolution to mean the Council would get the performance evaluation and they would approve it. Assistant to the City Administrator Reed replied this kind of information was usually put into summary form, unless there was some reason to actually see the evaluation. She stated Council could look at the evaluations if they wanted to, but evaluations would not be included in council packets as a courtesy to employees. MOTION/SECOND: Marty/Quick. To Waive the Reading and Adopt Resolution 5608, a Resolution indicating satisfactory performance or better be approved by the City Council prior to step increases being executed. Ayes - 4 Nays - 0 Motion carved. D. Resolution 5609 Adopting Revised Salary Schedule for Clubhouse Manager/Golf Instructor. The Assistant to the City Manager Reed stated at the June 25, 2001 Council meeting, staff was given direction to reevaluate the position descriptions of the two regular golf course employees. At the July 9, 2001 Council Meeting, staff was given direction to create and point a position • description for the seasonal golf instructor. The purpose of creating these new position Mounds View City Council August 27, 2001 Regular Meeting Page 9 descriptions was to include golf instruction and move away from the separate pay structure that had been used in the past to compensate employees for giving private, semi-private and group lessons. She indicated the City Administrator had received a call from AFSCME indicating that the City must maintain the status quo with respect to salaries for AFSCME employees until a contract was negotiated. Labor Relations Associates concurred. For that reason staff would not be presenting points or pay information for the two golf course employees who belonged to the AFSCME unit. The Clubhouse Manager/Golf Instructor was not a member of AFSCME. She indicated Labor Relations Associates had recommended that the Clubhouse Manager/Golf Instructor points remain at 361 and that the maximum salary be set at $46,000.00 annually. These recommendations were made under the assumption that incentive pay would not be paid. Staff recommended that the Council adopt Resolution 5609 which authorized the Clubhouse Manager/Golf Instructor be paid at step 2 of the proposed pay schedule. The pay schedule would be retroactive to June 16, 2001. Council Member Marty asked if the head golf pro would now be the Clubhouse Manager. Assistant to the City Administrator Reed replied he had always been the Clubhouse Manager, and she had just standardized the title (golf instructor) across the board to Clubhouse Manager/Golf Instructor. Council Member Marty asked why it could not be changed to Clubhouse Manager/Head Pro. Assistant to the City Administrator Reed replied she could do so if that was what Council wanted. Council Member Marty asked if Ken Manthis was getting a 15 percent increase. Assistant to the City Administrator Reed replied the person in this position was not receiving the additional 15 percent for serving on this management position. It was not approved by the Council and this was not addressed. Council Member Marty stated he thought it should be. Mayor Sonterre indicated this salary was flat, and did not warrant any further compensation. Assistant to the City Administrator Reed replied when golf instruction was included the maximum salary for the position would be $46,000.00. Mayor Sonterre asked what formula was being used with respect to golf instruction versus Clubhouse Manager. Assistant to the City Administrator Reed replied Labor Relations had not divided this out. MOTION/SECOND: Quick/Sonterre. To Waive the Reading and Adopt Resolution 5609 a Resolution Revising Salary Schedule for Clubhouse Manager/Golf Instructor. Council Member Marty asked if Ken Manthis was in the union. Assistant to the City Administrator Reed replied he was considered management and was therefore not in the union. t Mounds View City Council August 27, 2001 Regular Meeting Page 10 • Council Member Marty stated if that was the case, he felt they needed to address the 15 percent they talked about earlier this evening and make it retroactive. Council Member Stigney indicated he had not received this item until tonight, and in order for him to evaluate this, he needed more time and information. Ayes - 2 (Sonterre/Quick) Nays - 2 (Stigney/Marty) Motion failed. • MOTION/SECOND: Stigney/Marty. To Table Resolution 5609 until further information was provided. City Administrator Miller asked what additional information was needed. Council Member Stigney replied he wanted to know what the points were based on. City Administrator Miller stated they did not have that information. Labor Relations assigned the points. Council Member Stigney replied he wanted to see this information and also wanted to see the Labor Relations evaluation. He stated he wanted to look at different golf courses in the PGA and what was being paid at those courses. Council Member Marty made a friendly amendment requesting the figures be retroactive. Council Member Stigney accepted the friendly amendment. City Administrator Miller stated what was provided was a result of the Council's direction. It appeared to her that they were going backwards when they were comparing this with other golf courses. She indicated all golf courses are different, and it was not fair to compare them. She stated this salary was based on the job description. Ayes - 2 (Stigney/Marty) Nays - 2 (Sonterre/Quick) Motion failed. MOTION/SECOND: MartylStigney. To refer Resolution 5609 to the next work session and obtain more clarification regarding a 15 percent increase and Labor Relation Evaluations. Ayes - 3 Nays - 1 (Quick) Motion carried. E. Second Reading and Adoption of Ordinance 685, an Ordinance Amending the Mounds View Zoning Code Related to Animal Boarding in the B-2 Zoning District. • Planning Associate Atkinson indicated Dr. Bruce Schnabel and Dr. Kevin Barcus of Mounds View Animal Hospital had indicated their desire to board animals at their proposed new facility. The City Code, however, currently did not allow boarding of animals except when associated with surgery, illness, or injury. Therefore, an amendment to the Code was necessary to allow this service. Mounds View City Council August 27, 2001 Regular Meeting Page 11 • Council Member Marty asked about all animal boarding facilities regarding the nuisance code and not having more than two dogs. Planning Associate Atkinson replied the Code applied to residence, not a boarding facility. Council Member Marty asked for clarification regarding the outdoor exercise area. Planning Associate Atkinson stated there would be someone close by to supervise the animals, but not necessarily outside with the animals. Council Member Marty asked where the dog run would be located. He stated it was not on the plans. Planning Associate Atkinson stated the site plans did include the outside exercise areas. MOTION/SECOND: Marty/Stigney. To Waive the Reading, Approve the Second Reading, and adopt Ordinance 685, An Ordinance Amending the Mounds View Zoning Code Related to Animal Boarding in the B-2 Zoning District. ROLL CALL: Quick, Stigney, Marty, Sonterre. Ayes - 4 Nays - 0 Motion carried. F. Consideration of Resolution 5599, a Resolution Approving a Conditional Use Permit for an Animal Hospital and Boarding Facility. • Planning Associate Atkinson stated applicants had requested a conditional use permit to allow an animal hospital and a boarding facility in a B-2 Zoning district, located at 2625 County Highway 10. The Planning Commission passed Resolution 657-O1 recommending approval of the rezoning. He reviewed the City Code regarding animal clinics and stated staff recommended approving this Resolution. MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 5599 a Resolution Approving a Conditional Use Permit for an Animal Hospital and Boarding Facility in a B-2, Limited Business Zoning District at 2625 County Highway 10. Ayes - 4 Nays - 0 Motion carried. G. Consideration of Resolution 5604, a Resolution Approving a Development Review for the Proposed Mounds View Animal Hospital at 2625 County Highway 10 C~ Planning Associate Atkinson reviewed the staff report and stated if the City Council believed it had sufficient information from staff, residents and the applicant, it may act on this Resolution recommending approval of the development review for the Mounds View Animal Hospital. If the City Council felt that the applicants had not adequately addressed these issues, the Council should table the review until the next meeting to allow the applicants time to provide more information to satisfy the Council. Mounds View City Council August 27, 2001 Regular Meeting Page 12 Council Member Marty asked for a copy of the Ordinance. He stated his copy did not have this Resolution in it. He inquired about the dog run on the site plan, and asked if it was large enough. He indicated it looked pretty small and asked about the cost of the corridor improvements in relation to the other construction. He stated he believed it was excessive for the small area and concurred with staff's recommendation to forego the decorative lights at this time. Council Member Stigney asked for clarification regarding decorative lighting. Planning Associate Atkinson replied the applicant would not provide decorative lighting at this time. Community Development Director Ericson replied they had to come up with a process for installing the decorative features along the corridor and explained how that would be assessed onto the property owner, or how the City would pay for it. At this point, staff was suggesting that Council waive the requirement to put in decorative lights at this time until further discussions were had regarding the Highway 10 project. Council Member Stigney asked if anything was going to be done about a trail on the north side of Highway 10. Community Development Director Ericson replied that was still under development, but they did foresee a trail at some point. It was a question of where it was going to go. Council Member Stigney stated the City needed a policy regarding this issue. Community Development Director Ericson replied a policy was needed once the Highway 10 project was • discussed. Council Member Stigney suggested some money be escrowed for the decorative lighting. Council Member Marty agreed. Planning Associate Atkinson stated the money would be escrowed for five years, but staff was recommending due to the size of this project, it not be required. Council Member Quick asked what percentage of the project would be trail. Planning Associate Atkinson replied 1.6%; 3.2% with the lights. Two lights would be 2.3%. The Minnesota Health building paid .92%. Mayor Sonterre recessed the meeting at 9:02 p.m. Mayor Sonterre reconvened the meeting at 9:13 p.m. Council Member Quick asked Resolution number 4 would be re-worded. Planning Associate Atkinson replied they would like to put together a one percent policy for future projects, but did not believe they could do it for this project. He recommended the Council deal with this on an individual basis. Council Member Marty expressed concern that the Mermaid project was just under $6 million and they make this a maximum of one percent, so this project and the MN Health project were Mounds View City Council August 27, 2001 Regular Meeting Page 13 not paying more than their fair share. Planning Associate Atkinson replied he would like to research this more. Mayor Sonterre asked if it would be appropriate to insert into item 4 .06% for the lights, and corridor improvement costs of $3,600.00. Planning Associate Atkinson replied that would be very appropriate. Council Member Stigney indicated money for decorative lighting also needed to be factored in. Council Member Marty stated he understood it would be one percent, and then it would not be that far out of line. In the future they would bring this up to assess it project by project not to exceed one percent. Mayor Sonterre supported taking the recommendation of staff. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 5604, a Resolution Approving a Development Review for the Proposed Mounds View Animal Hospital at 2625 County Highway 10, and modify stipulation number 4 that currently states "the Applicant shall pay a fee in lieu of trailway improvements, to be refunded if improvements are not completed within five years", and recommend to change to pay a fee for trailway and decorative lighting improvements of 1% be placed in escrow and if the improvements were not completed within five years, the funds be returned to applicants. Dr. Barcus asked for definition as to what the 1 % figure would be based on. He sta believed the City should pay for lighting and those types of construction costs, but t along with this. He stated their construction costs would be somewhere around $40 $600,000.00. Ayes - 4 Nays - 0 Motion carried. ted he hey would go 0,000.00, not H. City Contribution to Festival in the Park Assistant to the City Administrator Reed stated the lists of charges for Festival in the Park were mailed to Sherry Gunn and copies given to the Council. Ms. Gunn had expressed concern about the fee for the City Attorney's work on the contract as well as the charges for the use of golf course personnel. She stated staff was looking for direction from the Council regarding whether these items should be charged to Festival in the Park or another City account. She stated additional charges had recently come through in an estimated amount of $300.00, which were also attorney's fees. Council Member Stigney asked if the attorney was writing a contract. Assistant to the City Administrator Reed stated that was correct. • City Attorney Riggs replied this was not a part of his retainer because it was a contract with a third party. Mounds View City Council. August 27, 2001 Regular Meeting Page 14 . Council Member Stigney stated this needed to be looked at because he believed a part of this should fall under his retainer. Council Member Marty agreed and stated this amount seemed to be substantial and a good part of the budget had been used for attorney's fees. Assistant to the City Administrator Reed stated there was a provision in the contract that any remaining funds would go back into the Festival in the Park and if these fees were removed that was what would happen. City Administrator Miller stated she recalled Mr. Riggs was in attendance and met with members of the Festival Committee. What had come out of those discussions was how much the event had cost the City in the past and the agreement reflected those past costs which was reflected in that $4,000.00 figure. Mayor Sonterre asked if attorney's fees had been addressed in the past. City Administrator Miller replied this had not been addressed. She stated it was her understanding that these costs would not be costs incurred in the future. Council Member Stigney asked if the contract protected the City, or did it only protect the Festival Committee. • , Sherry Gunn, 8120 Red Oak Court, stated the City s donation had always been $4,000.00, which was applied to the fireworks, but this year because of the contract that the City had required, they came up short. She stated they did not ask for the contract and they understood they would not have to pay for the attorney's fees. City Administrator Miller replied they had not discussed attorney's fees. Mayor Sonterre stated he personally liked the contract idea, but it was not fair to the Festival to have fees such as these come up without warning. Ms. Gunn stated it was not in the contract that they would have to pay for the attorney's fees. Council Member Quick stated typically they charged the other entity for these types of charges. He stated the attorney was sort of a City employee, and it was up to the Council to determine where the money came from. Council Member Marty indicated the Festival had been going for many years, it was for the citizens, and they were operating it at a "bare bones" budget. The festival was not making any money, but it was providing a nice service for the citizens. He wondered if they could just cut it off at $4,000.00, and the City could pay the additional amount above $4,000.00 for this year only. He stated the Festival would be paying for the "lion's share" of it anyway. Mounds View City Council August 27, 2001 Regular Meeting Page 15 . Mayor Sonterre asked if the fire department would be submitting a bill. City Administrator Miller replied she that the fire department would not be submitting a bill, but there is still a cost to the fire department's overall budget that is paid for in part by the City. Ms. Gunn stated the fire department had never asked for payment before since it was always on a volunteer basis. This year they wanted to charge them $375.00, but that now was apparently not going to happen. It appeared this would be a volunteer service. Assistant to the City Administrator Reed stated she had spoken with the Fire Chief and there would be no charge to the Festival. MOTION/SECOND: Quick/Marty. To Table this item to the September 10, 2001 Council Meeting. Council Member Quick amended his motion to table it to the Tuesday, September 4, 2001 work session. Ayes - 4 Nays - 0 Motion carried. 8. SPECIAL ORDER OF BUSINESS None. 9. REPORTS A. The September 17, 2001 Quarterly retreat would be held as scheduled. 10. APPROVAL OF MINUTES Council Member Marty asked why the June 4, 2001 and June 6, 2001 Minutes approval were not on the agenda tonight. He stated at the last Council meeting the City Attorney asked if they had any changes or amendments to submit them to the City Administrator and he had provided the City with a tape and a transcription of the minutes. City Administrator Miller stated she had received a copy of the changes, but the City Attorney was out of the office last week and they would be brought before the City at the next Council meeting. Council Member Marty asked why the City Attorney had to approve these minutes. City Administrator Miller stated it was her understanding that the City Attorney approved the minutes. • Mounds View City Council August 27, 2001 Regular Meeting Page 16 • • A. Monday, August 13, 2001 City Council Minutes. Council Member Stigney requested the following changes: Page 3, second paragraph, should state the last four items on the Just and Correct Claims Sheet be pulled, not five items. Page 4, 3ra paragraph up, delete "there is one on file with the City". Page 5, 1st paragraph, to read, "Council Member Thomas stated the City is in possession of something that's not paid for...". Page 6, 2na paragraph first sentence to read, "...City should be provided with a Mylar copy of the site plan as bunts." Page 7, 8th paragraph, delete the word Ramsey in the first sentence. Page 16, 3ra paragraph, change under the last mayor to under Mayor McCarty. Page 16, last paragraph, first sentence change the spelling of Shodray to Chaudhary. Mayor Sonterre requested the following changes: Page 3, 4th paragraph from the bottom, change Commissioner Quick to Council Member Quick. Council Member Marty requested the following changes: Page 4, paragraph 4, 5th sentence, change Thissel to Thistle. Page 4, paragraph 4, 5th sentence to read, "...at the League of Minnesota Cities Conference". Page 5, 4th paragraph to read, "...was submitted in the cable department budget ...". MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve the Monday, August 13, 2001, City Council Minutes with the requested changes. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Quick/Marty. To extend the Council Meeting to 10:15 p.m. Ayes - 4 Nays - 0 Motion carried. • B. Monday, June 25, 2001 City Council Minutes. Mayor Sonterre requested the following changes: Jerry Linke's address be changed from Knollwood Drive to Knoll Drive on pages 1 and 16. Council Member Stigney requested the following changes: That all references to reappointing be changed to re-pointed. Page 10, last paragraph to read, "...the cost is $5.00 per child for your group lessons...". Page 11, 2na paragraph, 2na sentence to read, "...the Council that it has four people...". MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve the Monday, June 25, 2001, City Council Minutes with the requested changes. Ayes - 4 Nays - 0 Motion carried. C. July 9, 2001 City Council Minutes. Mounds View City Council August 27, 2001 Regular Meeting Page 17 • Mayor Sonterre requested the following changes: Jerry Linke's address be changed from Knollwood Drive to Knoll Drive on pages 1 and 7. Council Member Stigney requested the following changes: Page 2, 5th paragraph, change Stolelamp to Stolelamb. Council Member Marty requested the following changes: Page 1, paragraph 3 under Public Input, delete the last sentence starting with "The comment was referring..." and add in its place the following: "We would have better discussion with staff if we don't have residents there" (in quotes). MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve the Monday, July 9, 2001, City Council Minutes with the requested changes. Ayes - 4 Nays - 0 11. Next Council Work Session: Next Council Meeting: • 12. ADJOURNMENT Mayor Sonterre adjourned the meeting at 10:04 p.m. Transcribed and recorded by: Kathleen Altman Timesaver Off Site Secretarial, Inc. Motion carried. Tuesday, September 4, 2001 Monday, September 10, 2001 •