Loading...
HomeMy WebLinkAboutMinutes - 2001/10/08PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 8, 2001 a~ ~ ~...~ ~' --~. ~ ,~ ~~ & `~ Mounds View City Hall l~ ~~ ' `' ~ 2401 Highway 10, Mounds View, MN 55112 ' ~ ~ '~ ~:.,.~' ~~ k.~~ F, 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, October 8, 2001 City Council Agenda. MOTION/SECOND: Marty/Thomas. To Approve the October 8, 2001, City Council Agenda as presented. • Ayes - 5 Nays - 0 Motion carried. 4. PUBLIC INPUT Dan Coughlin of 8468 Spring Lake Road indicated that some time ago he had made a public data request for information and noted he would like to draw attention to the former golf course manager's cell phone usage and billings. Mr. Coughlin noted he was told a citizen only has access to long distance calls and not local calls. He then indicated that the long distances calls he reviewed were very disturbing and included significant telephone calls from places like Hawaii in January back to Mounds View and a number of calls to out of state financial institutions with follow up calls to various places in Atlantic City. He indicated he had attempted to determine where the numbers in Atlantic City were answered but did not receive an answer. Mr. Coughlin then indicated that it makes one wonder why financial institutions are called prior to calls to Atlantic City. Mr. Coughlin noted that there were three telephone calls to phone sex lines, one for two hours and fifteen minutes, one for forty-five minutes, and one for thirty minutes. He further noted that the calls were made during the business day and asked if the City has taken court action to try to get the City reimbursed for those calls. Mr. Coughlin said he realizes this is City Hall and not a Sunday school class so he will not speak to the moral depravity of making the calls but said, as a taxpayer, he is concerned that this individual not only was paid for the time had spent at the golf course but the City also paid the bill for his fornicating adventures. Mounds View City Council October 8, 2001 Regular Meeting Page 2 r~ ~~ • • Mr. Coughlin indicated he wanted to bring the matter to the attention of the Council because he feels the matter needs to be investigated. Mr. Coughlin asked Council Member Marty if, since the day the former golf course manager was removed from his position, he had been in contact with him or shared information directly or indirectly with him. Council Member Marty said, "no I have not." Mr. Coughlin indicated he had a copy of a letter sent to the City Administrator containing a sworn statement, that has been corroborated independently, indicating that Council Member Marty was observed on three separate occasions conferring with and sharing notes with the former golf course manager on the night of the firings. Mr. Coughlin indicated he did not have access to the golf course manager's local cell phone bills and then asked City Administrator Miller if there was any evidence to show that Council Member Marty did have contact with the golf course manager. City Administrator Miller indicated she needed to discuss the matter with the City Attorney before responding to Mr. Coughlin's question. Mayor Sonterre asked if Mr. Coughlin had shared the numbers with the City Administrator. Mr. Coughlin indicated he had brought the matter to the attention of the City Administrator and said he also wanted to make Council aware of the matter. City Administrator Miller indicated the item is being investigated and said local calls are private data. She then indicated that the information would be provided to Council during the closed session but would not be discussed during the open session. Mayor Sonterre asked if City Administrator Miller had verified calls of indiscretion with regard to Mr. Hammerschmidt's cell phone. City Administrator Miller said, "yes, I have." Council Member Stigney noted that he had asked that the golf course manager's cell phone bill be pulled from the consent agenda for discussion at one point because he felt the bill was excessive. He then noted that Council had decided, at that time, that the bill needed to be paid. He further indicated he was not sure whether there is a way to have the City reimbursed but said he had raised the question on the cell phones. Mayor Sonterre indicated that Council had asked City Administrator Miller to write a policy for cell phone usage to assist the department heads in keeping cell phone usage in check. Mounds View City Council October 8, 2001 Regular Meeting Page 3 • • • Ron Huston, Bridges Golf Course, told Council that golf lessons have been provided and have not been paid for. He then asked what the City is planning on doing for the rest of this year and next year. Mayor Sonterre asked City Administrator Miller to speak to the payment issue. City Administrator Miller indicated the matter of Mr. Mathison's compensation for golf lessons had been before Council previously and was tabled for further information. She then indicated that the remaining employees are under a status quo and the City is dealing with the union to negotiate a contract placing everything on hold until that contract is negotiated. 5. UNFINISHED BUSINESS None. 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution 5626 Approving a Policy for Compensating Individuals Working in Higher Classification Positions D. Resolution 5617 Authorizing Certain Employee and Volunteer Appreciation Events E. Resolution 5629 Approving Compensation for Linda Meyer for Working in a Higher Classification Position F. Resolution 5630 Approving a Wage Adjustment for Kasey Keckeisen G. Resolution 5631 Approving a Wage Adjustment for Kirk Leitch H. Resolution 5632 Approving a Wage Adjustment for Longevity Pay (9%) for Tom Kinney Council Member Marty indicated he had a question in Item 6A. Council Member Quick indicated that, in order to discuss the matter, Council Member Marty would need to request that item be removed from the Consent Agenda. Council Member Marty requested that Item 6A be removed from the Consent Agenda for discussion. Council Member Stigney requested that Items 6D and 6H be removed from the Consent Agenda for discussion. MOTION/SECOND: Quick/Marty. To Approve Items B, C, E, F, and G of the Consent Agenda as Presented. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council Regular Meeting October 8, 2001 Page 4 i MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item 6A as Presented. Council Member Marty questioned whether the City would recover the $3,604.30 in attorney's fees for the Mounds View Animal Hospital matter. City Administrator Miller indicated that the City usually does recover a certain amount of the fees. She then asked the finance director to speak to the matter. The Finance Director indicated that recovering legal fees is dependent on a number of factors and said he is not sure of the exact situation and would need to research the matter and provide an answer at the next meeting. City Administrator Miller further stated that the City does recover a certain amount of the costs but she is not sure how much. She then indicated she would check it out and get an answer for Council. Council Member Marty indicated he had learned through the Festival in the Park Committee that the City recovers the attorney's fees as a matter of policy. Community Development Director Ericson indicated it is the City's policy to make every attempt to recover consultant fees and said the City has been doing that more diligently in the last year. He then indicated that the redevelopment contract contains a line item indicating the City would be reimbursed for attorney's fees. He further indicated that contract has not been finalized but should be shortly. Council Member Stigney asked if the fees would be paid out of the general fund or the TIF fund if the fees are not recovered. Community Development Director Ericson indicated the fees were a TIF eligible expense and would come out of the EDA budget. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Consent Agenda Item D as Presented. Council Member Stigney commented it would have been nice if the Consent Agenda had been read. He then asked that Resolution 5617 be read. Council Member Stigney read Resolution 5617, a Resolution Authorizing Certain Employee and Volunteer Appreciation Events. • Mounds View City Council October 8, 2001 Regular Meeting Page 5 Council Member Stigney indicated he read the Resolution so residents would know what Council is talking about. He then indicated that, at the work session, the decision was to give gift certificates to retiring employees and now it has been changed to all employees. Assistant to the Administrator Reed indicated she thought it was the intent of Council to give gift certificates to all employees celebrating an anniversary in five-year increments. • Council Member Stigney indicated he thought giving gift certificates was not a responsible way to spend taxpayer dollars. He then indicated he is opposed to having two separate events of $1,000 each as he feels it is irresponsible spending. He further indicated that, in light of the fact that the City is way over its budget, he feels it inappropriate to approve a new Resolution approving an expenditure of funds. He then said he feels the timing is wrong. Council Member Thomas clarified that Council had discussed that the City needed to have a policy on the books for how to fund annual events that are already occurring. She then said Council does not want this to be a horrible place to work. She also indicated that employees and volunteers are two entirely different groups that deserve to be recognized as such. Council Member Thomas indicated that the Resolution brought by Staff is exactly what Council had asked for at the work session. Council Member Quick concurred with Council Member Thomas. Council Member Stigney indicated he did not support the Resolution. Council Member Quick asked if Council Member Stigney was referring to next year's budget when he indicated the City was over budget. He then asked Council Member Stigney if the budget had been finalized. Council Member Stigney said, "no." Ayes - 4 Nays - 1(Stigney) Motion carried. C7 MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Item 6H as Presented. Council Member Stigney indicated he would like the Resolution read. Council Member Stigney read Resolution 5632, A Resolution Approving a Wage Adjustment for Longevity Pay (9%) for Tom Kinney. Council Member Stigney questioned whether Mr. Kinney was a member of Loca1204 as an investigator. Assistant to the Administrator Reed indicated Mr. Kinney is an investigator but is paid under the patrol contract as there is no separate agreement. Mounds View City Council October 8, 2001 Regular Meeting Page 6 Council Member Stigney noted the employees at the Police Department receive annual wage increases on a schedule and assuming they are cumulative they receive an additional 25% over and above their base rate. Assistant to the Administrator Reed indicated she did not have the contract with her but said she trusts what Council Member Stigney read was from the contract. Council Member Stigney indicated that under the current contract employees would be receiving an additional $225.00 per month and under next year's contract an extra $235.00 per month. He then told Council it needed to watch what kind of contracts are approved. The Deputy Police Chief indicated the clause had been in effect since he started in 1980 and noted the pay increases are not cumulative. He also noted the college incentive credits are not applicable to anyone on the force and need not be in the contract. Ayes - 4 Nays - 1(Stigney) Motion carried. 7. COUNCIL BUSINESS A. Public Hearing Considering the Reconstruction of County Road H2 Mayor Sonterre opened the public hearing at 7:31 p.m. Barry Peters indicated this was a public hearing for the County Road H2 improvements and asked Council if it wanted a formal presentation or a review of new information received via the surveys. It was the consent of Council to hear the new information received from the surveys. Mr. Peters indicated the survey had been sent to 93 residents and he had received 39 responses. He then indicated that of those 39 responses 31 wanted the road reconstructed to state aid standards. He further indicated that there was an area on the survey asking if residents wanted parking and 14 said no parking and 15 said yes to parking. Mr. Peters indicated the costs had not changed nor had the assessments. Council Member Thomas asked what the state aid requirements for the roadway were. Mr. Peters indicated the state aid requirements are in regards to the width of the roadway. He then indicated that the storm sewer and curb and gutter are a matter of good engineering practice. Council Member Stigney questioned if curb and gutter was required. • Mr. Peters indicated that it was. Mounds View City Council October 8, 2001 Regular Meeting Page 7 • Council Member Marty indicated the former public works director had said it was prudent to do sewer and water at this time so the City would not have to tear up the streets to repair something. Mayor Sonterre asked how the issue of parking was phrased on the survey. Mr. Peters clarified that the survey asked residents on the south side of H2 if they wished to have parking as the City was considering it in various locations. Mr. Peters indicated that the City and residents could discuss and determine where parking would be allowed. Council Member Thomas asked if there was any way to determine from the survey what area wants parking and what area does not. Mr. Peters indicated the survey was done by address. Council Member Quick questioned whether it was in the best interest of the City to have parking along the entire length of H2. Mr. Peters indicated that some of the properties have deep driveways and do not need parking on the street. . Ron Morgan of 2656 County Road H2 noted that in hearing the responses to the survey he is very concerned because his comments relative to parking were not expressed. He then indicated that another person also made comments and he did not see them. Mr. Morgan indicated he lives in the townhouses across from Scotland Green which is compact housing with three lanes out to H2. He then said he thinks it is bizarre that the City would allow parking in that section. Bill Rice of 2932 County Road H2 asked if his petition for no parking between Knollwood and the Fridley line was still being considered. Mayor Sonterre indicated Council would consider it when making a decision about parking. Mr. Rice indicated it would be difficult to see when pulling out of his driveway if there were parking on the street. Council Member Thomas indicated the City could approve the reconstruction and get the process moving while discussing the specifics of where to allow parking. Mr. Rice indicated he was against any overlay that does not have curb and gutter as it needs to be done. • Mounds View City Council October 8, 2001 Regular Meeting Page S • • • Robert Mills of 2817 County Road H2 questioned whether the parking bays would actually work as a traffic calming measure as suggested in the information. Mr. Peters indicated that the parking bays may give a feeling of a roadway being wider in some areas and narrower in others. He also indicated that some kind of vertical plantings could be utilized on the south side in an effort to calm traffic. Mayor Sonterre asked if the comments reflect parking comments. Council Member Thomas indicated that parking comments were mentioned. Mr. Peters indicated he had made the overview of the comments somewhat general and then indicated that Council had received a spreadsheet in its packets containing all of the responses. Mayor Sonterre indicated he had wanted it clarified that all comments were provided and will be considered. Council Member Quick noted that if there are cars parked along the roadway there is still a 26 foot wide visual. Council Member Marty asked if the costs would go down if the City decided not to have parking bays. Mr. Peters indicated the costs would go down as the estimate includes the parking bays but said the assessment rate would stay the same because it is at the minimum amount. Council Member Marty commented the City would not use as much of the state aid funds if there were no parking. Council Member Thomas asked if there had been any research done on whether having cars parked along the street slows down traffic. Mr. Peters indicated he was not a traffic engineer but stated he felt having cars parked along the street would slow traffic some. Council Member Quick questioned whether H2 is posted no parking now. Council Member Marty indicated there is 30 minute parking by Scotland Green. Mr. Pittman indicated that there are constantly people parked in front of Scotland Green. Council Member Marty asked if Council approves the Resolution when the quote with possible parking pullouts would be coming back for approval. Mounds View City Council October 8, 2001 Regular Meeting Page 9 Mr. Peters indicated that if the project were approved at this meeting there would be a 60-day period where nothing can be done which should allow time for research and discussion as to where parking should be allowed. Council Member Thomas indicated that parking could be discussed during the design phase. Mr. Peters indicated it would be nice to have direction when doing the design as he would like to do it one time. He then indicated that minor changes can be made once the design is completed. Robert Mills of 2817 County Road H2 questioned whether the parking bays would add to the cost of maintaining and plowing the roadway. Mr. Pittman indicated that a new roadway would be a delight to plow and indicated that there should not be extra cost to plow it. Mr. Mills indicated if a person were lying on the street and looking down the roadway would appear narrower but said the angle most people see is from above. He also indicated that the snowplow operators are paid by the hour and it would take more time to plow the parking bays thereby costing more money in snowplowing. Mr. Rice indicated that he and his neighbors need the curb and gutter to take care of the water problem in their garages. He also said he did not want any parking in his area. • Mayor Sonterre closed the public hearing at 7:59 p.m. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5621, a Resolution Approving the Reconstruction of County Road H2. Council Member Stigney asked that Council honor the residents' wishes concerning parking be it for parking or against parking. Council Member Marty noted that if the residents in the area of Scotland Green would come in with information concerning whether they would like parking it would be helpful. Ayes - 5 Nays - 0 Motion carried. B. Consideration of Resolution 5627, a Resolution Approving a Development Review for an Expanded Billboard on City-Owned Land, 2373 County Highway 10, and Discussion of Proposed Purchase Agreement for an Expanded Easement. Community Development Director Ericson indicated that Clear Channel Outdoor has requested permission to expand the billboard located on City-owned property. He then indicated that Clear Channel Outdoor has a perpetual easement on the property and would like to expand and • improve the aesthetics of the billboard making it a type of monument style sign. Mounds View City Council October 8, 2001 Regular Meeting Page 10 Director Ericson indicated that the Planning Commission had indicated that the current billboard is ugly and, since the billboard will be there forever through the easement in perpetuity, it would be nice to have a sign with an improved appearance. Director Ericson indicated the Planning Commission had voted unanimously for approval of the expansion of the billboard. City Attorney Riggs noted Clear Channel Outdoor has an easement not a lease. Director Ericson explained that Clear Channel Outdoor currently has an easement fora 40 x 40 section of the property and, in order to expand, would need a 55 x 55 piece of property. He then noted that Clear Channel Outdoor had submitted an offer of $100,000. He further indicated that Staff did not feel that an offer that did not provide for a yearly payment was adequate and countered with an up front payment of $50,000 and a payment of $7,000 per year forever. Director Ericson indicated that the Resolution of approval to allow for the expansion of the billboard contained the following conditions. The utilities must be placed underground; a City Wetland Alteration Permit must be obtained; a Rice Creek Watershed District Permit, if required, must be obtained; a materials board must be submitted to the City; all legal fees and other fees associated with the easement must be paid by Clear Channel Outdoor; the City Forester needs to review the landscape plan; and, an executed Purchase Agreement must be signed by both Clear Channel Outdoor and the City. Director Ericson indicated that Mr. McCarver from Clear Channel Outdoor was present at the meeting to answer any questions of Council. Council Member Marty asked if the City presently gets any revenue from the billboard. Director Ericson indicated the City does not receive revenue from the billboard. Council Member Marty asked whether Clear Channel Outdoor would be willing to improve the billboard without being allowed to expand the size. Director Ericson indicated he did not believe Clear Channel Outdoor would be willing to improve the billboard without the expansion. Council Member Marty noted the billboard, as presented, is much nicer than what is currently there but noted it was different from the proposed billboards at the golf course. He then suggested having Clear Channel Outdoor obtain the drawings from Eller Media for the golf course billboards for comparison. Mayor Sonterre clarified that Eller Media and Clear Channel Outdoor are the same company. • Mounds View City Council October 8, 2001 Regular Meeting Page 11 Director Ericson indicated he had discussed with Clear Channel Outdoor the possibility of using the same type of sign as is proposed for the golf course but it had been determined that a more formal sign would fit better with the existing signs in this part of town. Council Member Marty agreed the design for the billboard is more formal but said he feels the signs designed for out at the golf course blended in more with the surroundings and were more aesthetically pleasing. Mayor Sonterre indicated he had discussed the matter with Mr. Ericson and it was explained that Staff felt using this type of billboard sign would provide some commonality in the area as it closely resembles the Walgreens and the Wynnsong Theatre signs. Council Member Thomas indicated there had been some discussion concerning establishing a sunset clause for the billboard and asked if that maybe possible. Director Ericson indicated that Clear Channel Outdoor has a permanent and perpetual easement for the area with no expiration date and, as such, Clear Channel Outdoor is not interested in agreeing to a sunset provision in the new easement. Council Member Quick asked when the current billboard sign was installed. . Director Ericson indicated he thought perhaps 1983 or 1984. Michael Cronin of Clear Channel Outdoor, 8809 West Bush Lake Road indicated it was installed in the late 1980s. Mr. Cronin indicated that Clear Channel Outdoor understood and accepted each of the conditions recommend by Staff and the Planning Commission and then respectfully requested that Council adopt the Resolution. Mr. Cronin indicated that in order to preserve line of sight the Company had determined a more horizontal sign would be appropriate. He then noted that the billboard would be 25 feet high and the golf course billboards are 35 feet high. He further indicated that the sign is lower and more formal than what is proposed out at the golf course and the company feels it is a good solution for the site. Mr. Cronin indicated that it was a challenge for his company to come up with a value for the property needed for the expanded easement. He then noted that it is a neighbor to neighbor sale of a small sliver of land not the sale of developable property so the company came up with $70 per square foot which is how the $100,0000 was arrived at. He further noted that when Staff presented the $50,000 and $7,000 per year the company felt it could live with that. Council Member Stigney questioned how much revenue the City would obtain from each billboard at the golf course. Director Ericson indicated he did not have the information with him to answer that question. Mounds View City Council October 8, 2001 Regular Meeting Page 12 Council Member Stigney indicated he needs to know that figure before determining if the offer from Clear Channel Outdoor is appropriate. Council Member Stigney asked Clear Channel Outdoor why the conceptual drawings were so far out of scale and noted it makes the billboard look smaller than it really is as this billboard is humongous. He then further commented that he thinks the drawing is a little misleading. Mr. Cronin indicated that the person that did the drawing was a professional landscape engineer and said his drawing was based on a picture taken with a 50 mm lens on a 35 mm camera and that is considered a normal lens. He then noted that the drawing is in scale from standing on that site. He also noted the picture was taken when driving down the road moving forward and that is how it is in proper context. Mr. McCarver indicated the drawing does reflect accurately the scale of the billboard. Council Member Stigney held up a drawing and indicated that it was more to scale than the rendering on the easel. Mr. McCarver indicated that the drawing Council Member Stigney held up is to show exact sign dimensions and is a close up view. He then indicated that the rendering on the easel is not a close up and the drawing on the dais is. Council Member Stigney indicated he disagreed with the conceptual drawing being to scale. Council Member Stigney indicated he feels he needs to know how much revenue the City was looking at deriving from the golf course billboards before agreeing to an amount. He then indicated that he feels the yearly payments need to consider inflation. Mr. McCarver restated the offer he had made to Mr. Ericson and noted that his company has a perpetual easement and is not interested in accepting a sunset clause on the agreement with the City. Council Member Stigney indicated he would like the yearly payments to include a CPI. He then commented that the residents who own the property around the billboard and could potentially plant pine trees to make it less of an eyesore. Mayor Sonterre noted he is a big supporter of Commissions and said he feels the Planning Commission did a great job of reviewing this matter. He further indicated that the billboard will be there forever and it would be in the best interest of the City to have the billboard look better and it is even better that the City can generate revenue from it. Council Member Marty indicated he was interested in exploring a sunset clause in exchange for the larger billboard and suggested 20 or 30 years. He then indicated that he feels the yearly payments should start at $6,000 per year and slowly climb over time. Mounds View City Council October 8, 2001 Regular Meeting Page 13 Council Member Thomas noted the sign would be twice as wide as it is currently and asked if it would be any closer to the road. Mr. McCarver indicated it would not be any closer to the road than it is now. Council Member Thomas noted that she wished the trees at the site were as big as shown on the rendering of the sign and said it is very distracting to the eye because what is behind the sign is Walgreens and City Hall not a forest. She further indicated that the sign will seem more predominant when there is nothing behind it and pointed out she can see where the scale gets distorted because the drawing is not accurate for what is behind the sign. Council Member Thomas indicated she did not feel the golf course type signs would be appropriate for the area. She then indicated that this matter has been an issue since she was on the Planning Commission and said she feels this is the first workable plan she has seen for the sign. Council Member Quick noted he felt the yearly payments needed to include an inflation factor. He then indicated he would like to see a higher yearly fee and eliminate the front-end figure. Mayor Sonterre asked if it would be appropriate to table this matter for future consideration. Mr. McCarver indicated that it is difficult to know what the protocol is for buying an easement or buying property like this. He then expressed a willingness to sit down with Staff to discuss the matter. He further commented it would be mce to come to resolution on this sign more quickly than the other sign issue. Mr. Linke of 2319 Knoll Drive asked how much larger the sign would be and how much more property was needed for the easement. Director Ericson indicated the company has a 40 x 40 square and would need a 55 x 55 meaning they need seven and a half (7 %2) additional feet all the way around the sign in order to expand the sign. Mr. Linke asked how much they were willing to pay. Director Ericson indicated the original offer was for $100,0000 but said Staff felt that payment without annual rental would be inadequate so suggested $50,000 with an additional $7,000 payment each year. Mr. Linke asked if the City had considered purchasing the sign to get rid of it. He then indicated that there are wetland issues that will need to be considered. Director Ericson indicated it was doubtful that the City could afford to purchase the sign from Clear Channel Outdoor. Mounds View City Council October 8, 2001 Regular Meeting Page 14 Council Member Stigney indicated he would not support any resolution that did not call for a sunset clause for the billboard. Council Member Marty indicated he would like to see a sunset clause for the billboard. MOTION/SECOND: Thomas/Quick. To Direct Staff to Renegotiate the Purchase Agreement with Clear Channel Outdoor and Provide a Resolution to Council or, in the alternative, Bring the Matter to the Next Work Session for Discussion. Ayes - 5 Nays - 0 Motion carried. City Administrator Miller indicated that Mr. Alsop from Kennedy and Graven was in attendance for the executive session later in the agenda and had been waiting since 8:00 p.m. She then asked if Council would consider moving the executive session up in the agenda. Council Member Thomas noted that the executive session had the potential to be very long and suggested Council move along on the agenda. C. Continued Discussion and Consideration of Resolution 5622, a Resolution Authorizing the Abatement of the Hazardous Building Located at 8217 Long Lake Road. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5622, a Resolution Authorizing the Abatement of the Hazardous Building Located at 8217 Long Lake Road. Jeremiah Anderson indicated he had received a telephone call this afternoon and was told that the documents Mr. Wolfgram was waiting for had been returned without the proper notary information. Mr. Wolfgram told Council there is a closing date set for October 17, 2001 and indicated the documents were prepared for a Minnesota notary and should have been prepared for an Arizona notary making them not able to be recorded. He then indicated the documents were sent back and should be returned shortly. He then requested that Council not take action on the Resolution until after October 17, 2001 as he feels the matter will be resolved and Council would be incurring costs for no reason. Jeremiah Anderson indicated that, if the Resolution is approved in its current form, there would be some time as it takes time for title work and service on the responsible parties. Mr. Wolfgram indicated that title work and service would involve legal fees and suggested holding off on taking any action until October 17, 2001. l~ u Mounds View City Council October 8, 2001 Regular Meeting Page 15 Council Member Quick asked if any of the other Council Members had looked at the property. He then commented that he does not feel the building is salvageable and said the City has condemned buildings in better shape. Mayor Sonterre asked if Mr. Anderson's recommendation remained the same hearing the comments of Mr. Wolfgram. Jeremiah Anderson indicated that his recommendation remains the same. Ayes - 5 Nays - 0 Motion carried. D. Management of the Mounds View Banquet and Conference Center 1. Resolution 5611 Approving Payment to Elegant Thymes Management Company for Management of the Mounds View Banquet and Conference Center. 2. Resolution 5612 Naming Elegant Thymes Management Company as Interim Manager of the Mounds View Banquet and Conference Center. Assistant to the Administrator Reed indicated this matter had been discussed at the work session and Staff had reported that Elegant Thymes had been managing the Banquet Center since March 27, 2001 and had not received payment. She noted that Council had directed Staff to pay Elegant Thymes based on the current contract with Innovative Images and had further directed Staff to pay Elegant Thymes 50% of the amount being paid to Innovative Images. She then indicated that the City Attorney had recommended that Council consider paying Elegant Thymes per the contract rather than cutting that amount in half. MOTION/SECOND: Quick/Sonterre. To Waive the Reading and Approve Resolution 5611, a Resolution Approving Payment to Elegant Thymes Management Company for Management of the Mounds View Banquet and Conference Center. Council Member Quick asked how long Elegant Thymes had been working without receiving payment. Assistant the Administrator Reed indicated Elegant Thymes had been working since March 27, 2001 without payment. Council Member Quick commented it was time to act. Council Member Marty commented that he feels whomever booked and solicited the events should be paid for those events. He then questioned whether Elegant Thymes had been working to market the banquet center in an effort to book more events because when looking at the bookings for the month of July there were only three events the entire month. He further commented that May, June and July are typical wedding months and he would have thought there would be more bookings. Mounds View City Council October 8, 2001 Regular Meeting Page 16 Mayor Sonterre commented he was not sure when Council Member Marty last had to plan a wedding but noted, that booking a wedding reception hall is done at least six months in advance and possibly as long as a year in advance. He then indicated that, if the numbers are down, there is some shared blame to go around. Dabney Bradley, President of Elegant Thymes, commented that paying based on bookings is not the way things should be done because the real work, and the money, come into play when the event is actually held. He then indicated there had been some cancellations and rebooking. Mr. Bradley indicated he has a good relationship with the City of Mounds View and said when the City came to him and asked him to manage the banquet center he had agreed to do so without a contract. He then indicated he has not been paid for six months and is not running a nonprofit company. Mr. Bradley indicated he had calculated his hourly rate to be $4.32 based on what the City is paying him for doing the job. He then said he takes offense that it has been six months without payment. He further indicated he had come to the City Administrator to recommend that payment be figured on a quarterly rather than a monthly basis as it is too difficult to do every month due to the nature of the business. • Council Member Stigney indicated that Innovative Images was spending time marketing and asked if Mr. Bradley was putting in the same effort. Mr. Bradley indicated that when there are cancellations there is an effort to rebook them. Council Member Stigney questioned whether Mr. Bradley was having any luck in booking events. Mr. Bradley indicated that he did not have direction of the City as to how to proceed other than to manage the banquet center on an interim basis. He further commented he was uncomfortable with marketing the banquet center and spending City money without some direction. He again said that, whomever the City gets to run the banquet center, should be paid to do so. Assistant to the Administrator Reed indicated that Resolution 5612 would provide direction to Mr. Bradley as he had requested. Council Member Stigney asked, if by taking over the contract, Mr. Bradley felt he could fulfill the conditions of the contract. Mr. Bradley indicated he did not have problems with the conditions of the contract and indicated he has been doing this for 23 years. He then asked that the City restructure how the payments are made to quarterly rather than monthly. • Mounds View City Council October 8, 2001 Regular Meeting Page 17 Council Member Marty questioned how Mr. Bradley's role would change now that he is authorized to manage the banquet center rather than just cater the events. Mr. Bradley indicated that managing the banquet center would require more time spent on marketing it to not only private wedding parties but to corporate clients as well. He then indicated he has worked with the City to get accounting software installed and a reservation system enhancing and improving what was over at the banquet center. Council Member Marty indicated he had asked the question because Mr. Bradley had indicated his hourly rate was down to four dollars an hour. He then questioned whether Mr. Bradley's wife would be helping him manage the banquet center. Mr. Bradley indicated that he has a business partner but she is not his wife. He then indicated that he and his business partner would like to put together a whole management package but said he has no direction to do so. Council Member Quick reminded Council of the request to move things along. Mr. Linke of 2319 Knoll Drive indicated he was the Vice President of Innovative Images and commented he has an issue with indicating that Elegant Thymes has generated $20,000 in gross revenues because Innovative Images had brought in the business. He then reminded Council that the City has a legal and binding contract with Innovative Images and suggested talking to the • City's attorney about having a second contract. Assistant to the Administrator Reed indicated that the contract specifies that gross revenues are realized when the event takes place not when it is booked. She then clarified that Mr. Bradley is not looking for a contract just a Resolution to outline what his duties would be. Council Member Thomas clarified that the Resolution would merely formalize the interim agreement. Council Member Marty commented that he does not feel the gross revenue issue has been appropriately sorted out between Innovative Images and Elegant Thymes. Ayes - 4 Nays - 1(Marty) Motion carried. MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5612, a Resolution Naming Elegant Thymes Management Company as Interim Manager of the Mounds View Banquet and Conference Center. Council Member Stigney clarified that this is filling an interim position and not establishing a contract. Council Member Marty indicated he feels the interim agreement is clearly spelled out and should have been taken care of at an earlier date. Mounds View City Council October 8, 2001 Regular Meeting Page 18 Mr. Bradley indicated he did not want a contract just direction. Ayes - 5 Nays - 0 Motion carried. 8. SPECIAL ORDER OF BUSINESS None. 9. REPORTS Council Member Marty indicated he was curious as to why City Administrator Miller had not received her six-month review and noted she has come up on her one-year anniversary date. City Administrator Miller indicated she had brought the matter to the Mayor's attention as she would like to receive her review. Mayor Sonterre indicated that not all Council Members had completed the surveys and noted he would have the surveys given to those that did not complete them and asked that they be turned in as soon as possible. Mayor Sonterre indicated that there is an opening on the Economic Development Commission. Council Member Marty questioned whether the YMCA issue would be placed on a work session for discussion. City Administrator Miller indicated the matter was on the agenda at the last work session and then noted that she had received a call from Pat at the YMCA when she was on her way out the door for a meeting and said she will return the call. She then indicated she would like to give the Finance Director some time to put some numbers together. She further noted she did not think the matter would be ready for discussion at the next work session. Community Development Director Ericson indicated he had contacted Delight Outdoor Advertising and had been told the company is willing to come to the work session in November to discuss the Sysco billboards. Director Ericson asked if the request from Clear Channel Outdoor concerning the golf course billboards would be heard in the open or closed session. City Attorney Riggs indicated it would be discussed at the closed session. Director Ericson requested that Council convene as the EDA prior to the closed session. 10. APPROVAL OF MINUTES Mounds View City Council October 8, 2001 Regular Meeting Page 19 A. September 24, 2001 City Council Minutes. MOTION/SECOND: Thomas/Quick. To Approve the Minutes of the Monday, September 24, 2001 Council Meeting as Amended. Council Member Marty requested the following changes: On Page 6, third paragraph from bottom omit the extra "d." On Page 9, second paragraph indicate that Mr. Decheine had said he highly regarded Mike Ulrich. Ayes - 5 Nays - 0 Motion carried. B. August 27, 2001 City Council Minutes Council Member Stigney indicated he had made his corrections to the minutes based on the previously provided copy and not the new copy. He then asked that the matter be held to the next meeting to allow time for him to review the new format of the minutes. MOTION/SECOND: Stigney/Marty. To Table Consideration of the August 27, 2001 City Council Minutes to the Next Council Meeting. Ayes - 5 Nays - 0 Motion carried. The Council Meeting was recessed at 9:14 p.m. Council reconvened the meeting at 9:23 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 9:23 p.m. Mayor Sonterre thanked Staff for its due diligence. City Administrator Miller indicated there would be a special work session on October 29, 2001. Community Development Director Ericson indicated the Highway 10 Corridor meeting would be held on October 15, 2001 at 6:00 p.m, at the Community Center and invited all residents to attend. Council Member Stigney indicated there would be a special Council Meeting on October 11, 2001. • 11. CLOSED SESSION TO DISCUSS PENDING LITIGATION Mounds View City Council Regular Meeting October 8, 2001 Page 20 12. Next Council Work Session: Monday, November 5, 2001 • r~ Next Council Meeting: 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. Monday, October 22, 2001 p.m. MOUNDS VIEW CITY COUNCIL MEETING October 8, 2001 Please sign in NAN[E ADDRESS • C:Admin.resolution.sign-in sheet