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HomeMy WebLinkAboutMinutes - 2001/09/24PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA .,.~ ,- ~, ,r--.' ., ~, ~ _.% ,~ Regular Meeting ~~` ~ ~ ~ ~ `~ ~ ~~-~'' '. September 24, 2001 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, September 24, 2001 City Council Agenda. • Council Member Stigney requested approval of the August 27, 2001 minutes be added to the agenda. Assistant to the City Administrator Reed noted that the City Administrator wanted to review the minutes and make some basic changes before presenting the minutes for approval. Assistant to the Administrator Reed requested that the special order of business be moved up in the agenda. MOTION/SECOND: Marty/Stigney. To Approve the September 24, 2001, City Council Agenda as amended. Ayes - 5 • 4. PUBLIC INPUT Nays - 0 Motion carried. Mr. Linke of 2319 Knoll Drive noted that the agenda for the September 17, 2001 work session had indicated that the meeting was for goal setting and a retreat. He then asked why the traffic signal at Pleasant View Drive and County Highway 10 was discussed. He further noted he would like a copy of the materials that were handed out at that meeting concerning the stoplight. Council indicated that the materials were handed out but the matter was not discussed at the September 17, 2001 meeting. David Jahnke of 8428 Eastwood Road indicated that the work session meetings are open to the public. He then said that he was disappointed that he was not allowed to ask questions at that Mounds View City Council September 24, 2001 Regular Meeting Page 2 • meeting and that the three-minute time limit was brought up. He did say, however, that the Mayor has always been fair about the three-minute time Limit. 5. UNFINISHED BUSINESS None. 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution 5618 Approving a Joint Powers Agreement with Ramsey County for Election System Replacement D. Resolution 5623 Authorizing the Replacement of Carpeting throughout the Police Department E. Resolution 5606 Approving Severance for Bill Clark F. Construction of a Traffic Signal at Pleasant View Drive and County Highway 10 Council Member Marty indicated he had a question concerning Check Number 106589 issued to Kennedy and Graven for an amount shorted on the Last payment. He then noted that he had reviewed the billing and found that part of the billing was for discussion with a citizen and said • this citizen has been in contact with the attorney a number of times. City Attorney Riggs explained that the matter was a Data Practices Act question and said the resident was wondering about the statute which is why the matter was referred to him. He then said that general requests are not usually sent to him. Council Member Marty noted he had discussed the matter with Ms. Reed who had indicated that the City is trying to direct everything from the staff to the attorney. He then said he is curious as to whether the City has a policy concerning residents contacting the City's attorney directly because he does not feel it is proper for a resident to be able to run up the City's bill. He further suggested that perhaps the resident using the attorney's time should be asked to pay the bill rather than the City's taxpayers. Council Member Marty pointed out that this was not a one time matter as there appears to be back and forth dialogue between the resident and the attorney. City Attorney Riggs indicated that it is entirely possible that there was dialogue back and forth as the length of the response depends on the questions asked. Mayor Sonterre questioned whether the citizen was directed to contact the attorney by the City Administrator. • City Attorney Riggs indicated that the request was directed to his office. Mounds View City Council September 24, 2001 Regular Meeting Page 3 • Mayor Sonterre noted the issue of residents contacting the city attorney should be a topic for the work session. Council Member Stigney requested that Item 6D be removed for discussion. Council Member Stigney questioned why the police department would have spent $1,600 to clean the carpet and then ask for complete replacement of the carpet. He then noted that there is not enough money in the budget for the total amount to replace the carpet and asked where the money would come from. The Deputy Chief of Police clarified that the Police Department's portion of the last cleaning bill was $718.00. He then explained that the carpet did not come clean last time and is in need of replacement. He further explained that the Police Department would like to replace all of the carpet at once rather than doing it in stages and disrupting work several times. He also noted that abetter grade of carpet would be used to allow for continued maintenance and wear and tear. Council Member Stigney noted the money was not in the budget and asked where the approximately $3,000 shortage would come from. The Deputy Chief of Police noted there were funds available in the equipment account as the former Chief had put the carpet funds in that account. Council Member Marty noted that in the Spring the Council had passed a Resolution to purchase firearms. He then asked if those had been purchased and whether they were being used. The Deputy Chief of Police indicated that Beretta firearms were purchased and said very few officers are familiar with them. He then indicated that one of the officers was sent to school to learn proper use of the firearms and said that officer is in the process of cleaning the firearms and will assist with qualifying the other officers on those firearms. MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item 6D as Presented. Ayes - 4 Nays - 1(Marty) Motion carried. • Council Member Marty noted he questioned Ms. Reed on how the rate of accrued sick leave was changed from 214 hours to 105 hours and said he was not sure he understood how the hours were calculated. He further noted that, even if the Chief had used some sick leave, he would continue to accrue the sick leave during that one-month period at the rate of 30 days until he reached 30 months. Council Member Marty noted he was aware that the City Attorney had made the determination on what the severance amount would be but said he did not understand how the amount was calculated. Mounds View City Council September 24, 2001 Regular Meeting Page 4 • Council Member Marty also indicated that the rate of pay was calculated based on the hourly rate of $32.91. He then noted that the chief was due for a step increase prior to his departure and questioned whether the Chief's pay should have been increased. Assistant to the City Administrator Reed indicated that the step increase would be contingent upon the completion of the Chief s performance review. She then indicated that the Chief's last day was only 4 days after his two-year anniversary and that did not leave time for the performance review to take place. Council Member Marty noted that, because the Chief s anniversary date was prior to his Leaving, he questioned whether the City was calculating the severance properly. Council Member Thomas explained that Council would have needed to approve the step increase before it became effective. She then noted that, since the performance review had not taken place and Council had not approved a step increase for the Chief prior to his leaving, it would be inappropriate to calculate the Chief's severance based on the increased pay. MOTION/SECOND: Quick/Thomas. To Approve Items A, B, C, E, and F of the Consent Agenda as presented Ayes - 4 Nays - 1(Marty) Motion carried. 7. COUNCIL BUSINESS A. Resolution 5622 Authorizing Abatement of Hazardous Building at 8217 Long Lake Road -Jeremiah Anderson Housing Inspector Jeremiah Anderson explained to Council that the property located at 8217 Long Lake Road has been abandoned and noted there are numerous code violations. He then explained that the current owner is in the process of selling the property and staff is concerned that an unsuspecting buyer would attempt to inhabit the property before all the code violations were remedied. He then respectfully requested that Council approve the Resolution authorizing abatement to formally authorize correction of the code violations. Council Member Stigney questioned if the abatement would prohibit the nonresident owner from finalizing the sale of the property. Mr. Anderson noted the City is willing to work with the property owner on the sale. MOTION/SECOND: Quick/Sonterre. To Waive the Reading and Approve Resolution 5622, a Resolution Authorizing Abatement of Hazardous Building at 8217 Long Lake Road. Lee Wolfgram, the attorney for the incarcerated property owner, addressed Council and explained that his client is incarcerated and the other seller is in Arizona and has been very difficult to work with. Mr. Wolfgram noted the Purchase Agreement was signed on July 15, Mounds View City Council September 24, 2001 Regular Meeting Page 5 2001 and the buyer is interested in rehabilitating the property. He further explained that the other property owner had changed her demands for the sale but said he feels an agreement has been reached and that the closing can occur prior to the next Council meeting. Council Member Marty noted he had been reading about this situation in staff reports and noted that the owner of the property in Arizona is signing a Quitclaim Deed to the incarcerated person. He then asked if the payments are current. Mr. Anderson explained that when the resident owner was incarcerated the payments went into default. He further explained that relatives of the resident owner lived in the home until those payments were in default and left the home in the current condition. Council Member Stigney asked whether staff had any problem postponing the abatement on this property. Mr. Anderson indicated he would prefer to have the abatement authorized as the sale has been pending since July. He then said the City does not want to hinder the sale of the property. Council Member Stigney asked Mr. Wolfgram how long he needed to finalize the sale. Mr. Wolfgram indicated he thought the sale should be completed within the next week as counsel for the other party had mailed the documents to his office and they should arrive shortly. He then indicated he feels the sale should be finalized by the October 8, 2001 Council Meeting. Council Member Thomas questioned when someone would be occupying the property to begin remediation of the code violations. Mr. Wolfgram indicated he was not sure when someone would be occupying the premises but said he believes the new owner would like to move in and begin making the corrections before the weather changes. Council Member Thomas asked what the closing date was. Mr. Wolfgram indicated that a closing date has been set three different times and then said that there would not be a new closing date until the documents arrive back from Arizona. Council Member Thomas indicated she was concerned because, if Mr. Wolfgram had spoken to counsel for the other side this morning, she would have thought the date for the closing would have been mentioned. Mr. Wolfgram indicated he would not have a closing date until he received the documents as the closer will not give him a date. Council Member Thomas noted that, if documentation is being sent back to Mr. Wolfgram, the other side must know of a date and then asked why that date was not discussed. Mounds View City Council September 24, 2001 Regular Meeting Page 6 t • Mr. Wolfgram explained that the attorney for the party in Arizona is in Minneapolis and needs to review the documents before they are approved and a closing date set. Council Member Quick asked City Attorney Riggs if authorizing the abatement would prohibit the sale of the property. City Attorney Riggs indicated that the Resolution creates an order for abatement of the existing conditions but said the process can be stopped through negotiations. Council Member Quick noted the problem has been around for quite a while and said he feels the City should move on the abatement. Council Member Marty asked Mr. Wolfgram if his client wants to sell to a third party. Mr. Wolfgram indicated that his client does want to sell the property and noted his client is due to be released from prison on October 6, 2001. MOTION/SECOND: Stigney/Marty. To Table Resolution 5622, a Resolution Authorizing Abatement of Hazardous Building at 8217 Long Lake Road to the next Council Meeting. Ayes - 3 Nays - 2 (Sonterre/Quick) Motion carried. B. Consideration of Resolution 5625 Appointing a Finance Director/Treasurer Assistant to the Administrator Reed reviewed staff's recommendation for the hiring of Charles Hanson as Finance Director/Treasurer. She then pointed out that the vacation accrual rates and rate of pay are in recognition of Mr. Hanson's numerous years of experience. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5625, a Resolution Appointing a Finance Director/Treasurer. Council Member Marty indicated he is concerned because the staff report indicated that Mr. Hanson is coming to the City from Brooklyn Center but when he called Brooklyn Center to inquire about Mr. Hanson, he was told Mr. Hanson has not worked there for quite some time. He then questioned whether it was appropriate to hire a finance director/treasurer until it is determined whether the former finance director will be given his job back. City Attorney Riggs indicated he had discussed the matter with the attorney advising the City on the issues concerning the former finance director and had been assured that there is no reason the City should not proceed with hiring a new finance director. Council Member Marty asked where Mr. Hanson is coming from. • Mounds View City Council September 24, 2001 Regular Meeting Page 7 1 Assistant to the Administrator Reed apologized for the confusion and explained that Mr. Hanson had left Brooklyn Center earlier this year in search of another position. Council Member Stigney noted that, in his opinion, the fact that Mr. Hanson left Brooklyn Center earlier this year creating a gap in work history is relevant information Council should have been made aware o£ He then noted Council has not seen Mr. Hanson's resume and questioned how Council could approve the appointment without all the pertinent information. Assistant to the Administrator Reed explained that Mr. Hanson did work for the city of Brooklyn Center and noted that the recommendation for hiring him is contingent upon references being checked. She further noted that Mr. Hanson has indicated that his former supervisor can be contacted for a reference and that leads her to believe the relationship was solid at the time of his leaving the City of Brooklyn Center. MOTION/SECOND: Stigney/Marty. To Table Resolution 5625, a Resolution Appointing a Finance Director/Treasurer to the October 8, 2001 Council Meeting. Ayes - 2 Nays - 3 (Thomas/Sonterre/Quick) Motion failed. MOTION/SECOND: Quick/Thomas. To Call the Question. Ayes - 3 Nays - 2 (Stigney/Marty). Motion carried. Vote on original motion to approve Ayes - 3 Nays - 2 (Stigney/Marty) Motion carried. C. Discussion Regarding Public Works Staffing Public Works Foreman Pittman addressed Council and noted that Council had approved another person in the surface water management area of public works in 1993 and that position is not filled. He then indicated that, with the retirement of Mr. Decheine, the department is short- staffed and needs to get the position filled prior to the winter plowing season. Council Member Quick asked whether working short-staffed would subtract from the ability to do the required maintenance and keep service at the present levels. Mr. Pittman indicated that working short-staffed would have an impact on the present levels of service. He then explained to Council that public works had been using a part timer to bring the maintenance numbers for the sewers up but noted that, with the retirement of Mr. Decheine, and the part timer going back to school, the numbers would be going down again without the additional person. u Mounds View City Council September 24, 2001 Regular Meeting Page 8 Council Member Marty noted that Mr. Decheine's wife had commented about Mr. Decheine coming back to plow snow and then asked if public works would need part time help or if existing staff would some how pick up the slack. Mr. Pittman indicated that they would need part time help if the position is not filled. He then explained that the trails and sidewalks have increased since 1998 and said that staff likes to begin cleaning the trails immediately after clearing the roadways because it is much harder to clear the trails once the snow is trampled on. Council Member Stigney indicated that it appears that public works needs another staff member but noted that there is a budget deficit of approximately $344,000 and the City Administrator wants to expand her staff. He then suggested a motion to table this request until October 8, 2001. Mr. Pittman clarified that this position has been in the budget since 1993. Council Member Stigney clarified that the budget for 2002 is approximately $344,000 in the hole. Council Member Thomas made a point of clarification that there is nothing to table and said no motion to table is needed. Council Member Stigney suggested postponing the discussion until after the budget work session. Council Member Thomas asked if this matter was a discussion item or whether staff was looking for direction from Council. Mayor Sonterre indicated this matter was for discussion only and no action is required. Council Member Quick pointed out that Council Member Stigney did not have the floor when he made his motion to table and, therefore, the motion is not allowed. Council Member Quick indicated he feels Council needs to authorize staff to advertise and fill that position as he does not believe the budget deficit is as bad as Council Member Stigney would have residents believe. He then indicated that he feels the bottom line of the budget can be more than justified. Council Member Marty questioned why this matter was not brought to a work session for discussion. Mayor Sonterre noted the matter was discussed at a work session and indicated that Council needed to authorize staff to advertise for a position that already exists. He then indicated that he agreed with Council Member Stigney's budgetary concerns but said the overage has been reduced significantly. He further indicated, however, that there is a difference in talking about proposed new positions and how that affects the budget and maintaining a level of staffing. Mounds View City Council September 24, 2001 Regular Meeting Page 9 Council Member Stigney indicated he felt Council needed to weigh the three positions and determine which one would be authorized as he does not feel the budget can support three new positions. He then indicated he would prefer to discuss the positions at the work session during the budget discussions prior to deciding on the public works position. Council Member Thomas clarified that the administrative positions are purely hypothetical at this point and the public works position is an open position that needs to be filled. She then indicated that a work session is for discussion purposes and no action can be taken which means that the candidate search would be pushed back until after the next Council meeting. Council Member Marty indicated he felt that the public works position is a priority for the City as they deal with the City's infrastructure and residents will let Council know if they are not receiving service in a timely fashion. MOTION/SECOND: Quick/Marty. To Authorize Staff to Advertise and Hire for the Vacant Sewer/Water Position. Council Member Stigney indicated that, if time is of the essence, Council could call to order at the work session to authorize the hiring of the public works position after the budget discussions. He then indicated that he would hope public works would come out on top but said he feels the three positions need to be discussed. Council Member Marty indicated that, in his opinion, there is no question that public works would come out on top. He then stated that it maybe necessary to drop the proposed administrative positions. Ayes - 4 Nays - 1 (Stigney) Motion carried. 8. SPECIAL ORDER OF BUSINESS Mayor Sonterre presented Mr. Decheine with a plaque recognizing his 31 years of service to the City of Mounds View. Mr. Decheine thanked the Mayor and Council for the plaque. He then thanked the residents of Mounds View and his former co-workers for making his 31 years so enjoyable. Mr. Decheine told Council that Mr. Pittman is the finest person he has ever worked for. He then thanked Mr. Pittman for his professionalism and work ethic. Mr. Decheine had said he highly regarded Mike Ulrich. 9. REPORTS Assistant to the Administrator Reed reported that the City Administrator had requested that she ask Council to schedule a work session to meet with the public works department. Mounds View City Council September 24, 2001 Regular Meeting Page 10 • • • Mr. Pittman explained he had invited Ms. Miller down to the public works garage to sit down and converse with the crew and she had suggested that Council meet with public works to share concerns and questions. Mayor Sonterre recommended that Council Members bring their calendars to the work session so that a date can be set. Mr. Pittman asked if it was possible to have Council come to the public works garage. Council indicated that, due to the open meeting laws, the meeting would need to beheld in Council Chambers. Council Member Marty noted he wanted to welcome Walgreens and the Knotty Pine and said he thinks the businesses are good additions to the community. He then indicated he had heard that the Knotty Pine is changing ownership. Council Member Thomas asked for an update on the ownership of the Knotty Pine. Community Development Director Ericson explained that the current owner of the Knotty Pine has decided to sell the facility. He then indicated that Mr. Jacobs had been into the City's offices making calls and maybe the one who is purchasing the restaurant. He further indicated he believes the new name for the restaurant will be Jake's Cafe of Mounds View. Mayor Sonterre welcomed the Knotty Pine and Walgreens. Mr. Linke indicated that the Mounds View Lions had talked to Mr. Jacobson who indicated he had taken over management of the restaurant one week ago. Council Member Stigney inquired as to whether the Lions pull tabs will be allowed at the new restaurant. Mr. Linke indicated he was not sure if the new owners would meet the requirements of the ordinance to allow apull-tab stand and said the Lions are investigating the matter. Council Member Marty asked if the restaurant and liquor licenses would transfer to the new owner. City Attorney Riggs indicated that ownership has not transferred but said when it does the licenses would need to be transferred as well. Mayor Sonterre reported he had attended the Minnesota Mayor's Association Convention in Crookston. Mounds View City Council September 24, 2001 Regular Meeting Page 11 Council Member Marty thanked all the residents who turned out for the community policing meeting that the Deputy Chief and other officers conducted on Tuesday. He then said he felt it was a good presentation that was well received by the residents. Community Development Director Ericson reported that the City would be holding a public meeting on October 15, 2001 at 6:00 p.m. at the Community Center to discuss the Highway 10 redevelopment prof ect. • • Mayor Sonterre noted that Council feels the redevelopment of Highway 10 is very important to the City and asked residents to attend the meeting to provide input into the project. Council Member Marty concurred that as much resident input as possible is needed to make the project a success. He then noted that he thought there was an informational meeting scheduled for September 25, 20001 on the County Road H2 project. Mr. Pittman indicated he was not sure of the date for the County Road H2 project meeting. Mayor Sonterre noted that, in light of the horrific actions that took place on September 11, 2001, he had made some calls to the Anoka County Airport to inquire as to whether they had increased security. He then indicated that neither the airport nor the representative of the MAC he had spoken to had a report of any improvements in security made to small airports. He further indicated that he would continue to follow up with the airport concerning increased security. Assistant to the Administrator Reed indicated that the City Administrator had received a request from the public works department for reimbursement of the $50.00 fee for the cake for Mr. Decheine's retirement party. Council Member Marty indicated that he felt that after 31 years of service the City could buy Mr. Decheine a cake. He then said that Mr. Decheine only got a plaque not a gold watch or anything of real value after all those years of service. Council Member Thomas indicated that Council could contribute to the cake fund as persons contributing to another person. Council Member Quick noted he felt the matter should be added to the legislative agenda. Council Member Stigney noted he had asked at the August 27, 2001 meeting whether it was okay for the City to disburse funds for the Mike Ulrich going away party. City Attorney Riggs indicated he remembered the specific question to be if the funds were disbursed in error, who can the City collect from. Council Member Stigney clarified that was not his question and said his question is whether the City should disburse money for the going away party. Mounds View City Council September 24, 2001 Regular Meeting Page 12 • City Attorney Riggs indicated that his advice would be that the safer course of action would be not to do so. He then said that cities have done it and it appears that this City has done it in the past but he is not sure if past approvals rise to the level of policy. He then said that the safest course of action is not to do it. City Attorney Riggs further clarified that the Attorney General had not yet opinioned on the matter but information coming from the Attorney General's office has suggested that the best course of action is for City's to develop a policy regarding employee parties. Council Member Stigney asked, whether in good conscience, the City Attorney could advise this Council to disburse funds for an employee party. City Attorney Riggs said no, that the safest course would be to not approve funds for an employee party until there is a policy in effect. Council Member Stigney stated he would like to go on record as saying the City has disbursed funds for a party in violation of state statute. City Attorney Riggs clarified that he had not said that the City disbursed funds in violation of state statute. He then said that the safest bet would be not to authorize funds for a party until a policy is in effect. Council Member Stigney noted that Council, on a 4 to 1 vote, had authorized payment for an employee party. City Attorney Riggs clarified that the City had authorized payment of a bill that was received by the City for an event that had already taken place. Council Member Stigney indicated the vote was given knowing that it violated state statute. Council Member Thomas clarified that there is no statute or opinion unless the matter goes to court to say that the City is acting incorrectly. She then said that the City is on shaky ground and needs to set a policy concerning employee parties. She further commented that Council did not violate state statute by paying a bill that came to the City. Council Member Stigney asked for a copy of the state statute from City Attorney Riggs. City Attorney Riggs suggested that Council Member Stigney review the opinions of the Attorney General on the matter and information from the Attorney General's Office suggesting that a city's charter can be amended to allow the events. Mr. Pittman noted, for the record, that everyone had contributed money toward a gift for Mr. Decheine and the money was used to purchase a nice watch. • Mounds View City Council September 24, 2001 Regular Meeting Page 13 • Council Member Quick asked whether Council Member contributions to the cake fund should be $10.00 or $12.50. Mayor Sonterre noted the total for the cake was $50.00. 10. APPROVAL OF MINUTES A. September 10, 2001 City Council Minutes. Council Member Thomas requested the following changes: On Page 8, third paragraph delete the words "to remain". On Page 12, sixth paragraph down indicate that the public works foreman had indicated the PCI indicator was down below the point to which the street needed to be repaired. Council Member Marty requested the following changes: On Page 15, fourth paragraph from the bottom, the last line, note that Mayor Sonterre had indicated that Mr. Ulrich had made that suggestion. On Page 16 delete the words "in October" from the paragraph where he discussed early closing of the golf course. MOTION/SECOND: Thomas/Stigney. To Approve the Minutes of the Monday, September 10, 2001 Council Meeting as Amended. Ayes - 4 Nays - 0 Abstain - 1 (Quick) Motion carried. Council Member Marty noted that the correct date for the County Road H2 information meeting is Tuesday, September 25, 2001 from 4:00 p.m. to 7:00 p.m. MOTION/SECOND: Thomas/Marty. To Recess the Monday, September 24, 2001, City Council Meeting. Ayes - 5 Nays - 0 Motion carried. The Council Meeting was recessed at 8:30 p.m. Council reconvened the meeting at 8:35 p.m. Mayor Sonterre asked the Council for permission to adjourn from the closed session. It was the consent of Council to adjourn from the closed session. Council recessed to closed session to discuss pending litigation at 8:36 p.m. 11. CLOSED SESSION TO DISCUSS PENDING LITIGATION 12. Next Council Work Session: Monday, October 1, 2001 Mounds View City Council September 24, 2001 Regular Meeting Page 14 Next Council Meeting: Monday, October 8, 2001 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. • • MOUNDS VIEW CITY COUNCIL MEETING September 24, 2001 Please sign in NAME ADDRESS C:Admin.resolutionsign-in sheet