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HomeMy WebLinkAboutMinutes - 2001/11/13PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA r--, .. _., ._ ~., ,~. ~. ~ .: , -~. Regular Meeting -~ II II - November 13, 2001 V ~ U ~ ~ ~ ~ ~=`"'~ Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:05 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, November 13, 2001 City Council Agenda. Mayor Sonterre noted that Item 6K had been added to the consent agenda to set a public hearing for 7:05 p.m., Monday, November 26, 2001, to consider an appeal of the Planning Commission denial of a variance requested by Harstad Companies regarding the proposed Longview Estates major subdivision. Council Member Marty asked that discussion of the fitness equipment at the Community Center be added as Item 7F. City Administrator Miller indicated that the fitness equipment at the Community Center would be discussed during the closed session scheduled for later in the meeting. Council Member Marty asked if there was a reason the matter needed to be discussed in a closed session. Council Member Marty said he was not aware that was what he and the attorney had discussed. City Attorney Riggs stated that there was a reason as he and Council Member Marty had discussed in the hall prior to the meeting. Council Member Marty indicated that, based on the attorney's recommendation, he agrees to discuss the matter in a closed session. Council Member Stigney questioned whether the fact that the matter was to be discussed in a closed session meant that there was pending litigation on the matter. City Attorney Riggs indicated that there is an ongoing investigation and advice would be given • concerning possible litigation. Mounds View City Council November 13, 2001 Regular Meeting Page 2 i MOTION/SECOND: Thomas/Quick. To Approve the November 13, 2001, City Council Agenda as amended. Ayes - 5 Nays - 0 Motion carried. 4. ~ PUBLIC INPUT Wendy Marty of 2626 Louisa Avenue indicated that at the October 22, 2001 meeting Mayor Sonterre had not allowed her to finish her comments and he had said he was willing to speak to her at another time concerning the fitness equipment at the Community Center. She then indicated that he had not returned any of her calls and that she went to coffee with the Mayor and he did not show up. Ms. Marty indicated that she has documented proof of the fact that the fitness equipment provided to the City by TSS is for in home use and has no warranty. She also indicated that she has proof that Mayor Sonterre was aware that the fitness equipment was for in home use and did not have a warranty. Ms. Marty indicated that she has documented proof that the City paid for the fitness equipment up front on June 13, 2000 and that the equipment was not ordered until December 7, 2000. She then commented that she believes the fact that the equipment was paid for up front is criminal. • Ms. Marty indicated that Mayor Sonterre claimed to have sold the equipment to the City at cost but she has proof that he made a profit of $721.66. She then indicated she felt that Mayor Sonterre, as owner of TSS, should reimburse the City the amount of $219.77 which is the interes amount that a bank would have charged on a loan in the amount of $4,120.00, which is the amount the bank would have charged on a six month loan. Ms. Marty indicated that, if it is determined that the City cannot use the equipment at the Community Center, TSS should be required to buy it back from the City or there should be other recourse for misleading the City into believing it was purchasing commercial equipment. t Ms. Marty explained that she had learned that TSS had changed its name to Total Sports Services and its address to Lindstrom, Minnesota. She then indicated that she received information from the State that Jack of all Trades, d/b/a Total Sports Services is incorporated under Rich Sonterre's home address with his agent being Dan Coughlin. Ms. Marty indicated that at the October 8, 2001 Council meeting Mr. Coughlin had made allegations concerning the former golf course manager, Mr. Hammerschmidt cell phone bills. Ms. Marty indicated that she had researched the calls made and they were from Hawaii to the Bridges Golf Course and the City Administrator. Ms. Marty indicated that the alleged numerous calls to financial institutions followed by calls to Atlantic City were actually three months later to private residences. Mounds View City Council November 13, 2001 Regular Meeting Page 3 f ~ ~J Ms. Marty indicated that the phone sex calls were to a telephone number of 1-800-894-4999 which is a call talk line that says to talk to exciting people call 1-800-400-TALK and then disconnects. She then indicated that the number 1-800-400-TALK was not called by Mr. Hammerschmidt's telephone. Mayor Sonterre interrupted Ms. Marty and told her she had exceeded the time limit and asked her to end her comments. Ms. Marty stated that she had a constitutional right to speak. MOTION/SECOND: QuicklThomas. To Recess the Meeting. Council Member Stigney stated that he felt Ms. Marty should be able to speak her views and allowed to speak for longer than three minutes and I think she should be allowed to continue. Council Member Marty commented that Mr. Coughlin was allowed to speak for longer than three minutes. Council Member Quick indicated that the statements of Council Member Stigney and Council Member Marty were not related to the motion on the floor. Council Member Stigney stated he did not see the need for a recess. Council Member Marty stated he did not see the need for a recess because the Council had just commenced the meeting. Ayes - 3 Nays - 2 (Stigney/Marty) Motion carried. • Mayor Sonterre recessed the meeting at 7:15 p.m. Mayor Sonterre reconvened the meeting at 7:25 p.m. City Attorney Riggs indicated that, if this is an issue that the public wishes to discuss, Council needs to be advised on the matter. He then indicated that since the matter is on the agenda to be discussed in a closed session, the matter should not be discussed. City Attorney Riggs indicated that the choice was to close the meeting for Council to discuss the matter at this point and then return to field questions from the public, or hear the matter at the currently scheduled closed session and hear public comment on the matter at the next Council meeting. MOTION/SECOND: Quick/Thomas. To Recess to a Closed Session. Mounds View City Council November 13, 2001 Regular Meeting Page 4 Council Member Stigney indicated he did not feel the issue and come back for public input was appropriate to recess to a closed session with so many people waiting and stated he would prefer to discuss the matter in the closed session that is already scheduled for later in the meeting. Council Member Thomas indicated that, if the residents wish to discuss the fitness equipment, Council would need to recess to discuss it. Council Member Stigney indicated that residents could ask questions concerning the fitness equipment at the next Council meeting. He further indicated that there is a closed session scheduled for later in the meeting where the matter can be discussed rather than making a lot of people wait. Council Member Stigney requested a friendly amendment to the motion on the floor to have the fitness equipment discussed at the closed session scheduled for later in the meeting. Council Member Quick, as the Motioner, did not accept the friendly amendment. MOTION/SECOND: Stigney. To Table the Fitness Equipment Discussion to Item 11 in the Agenda. City Attorney Riggs stated that Council Member Stigney's tabling motion was out of order. i Ayes - 4 Nays - 1(Stigney) Motion carried. Mayor Sonterre recessed the meeting to a closed session at 7:30 p.m. Mayor Sonterre reconvened the meeting at 10:18 p.m. Mayor Sonterre indicated that the closed session was used to discuss pending and potential litigation. MOTION/SECOND: Thomas/Quick. To Submit all Supportive Financial Documentation under Discussion to the Proper Authorities and Terminate the Contract with Innovative Images based on the Recommendation of the City Attorney. Ayes - 5 Nays - 0 Motion carried. 5. UNFINISHED BUSINESS None. 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval • • Mounds View City Council Regular Meeting November 13, 2001 Page 5 C. Resolution 5609 Approving Restaurant, Amusement and Tobacco Licenses for Jakes Sports Cafe at 2400 NE Highway 10 D. Resolution 5648, a Resolution Electing to Continue Participating in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act E. Resolution 5644, a Resolution Approving an Amendment to Resolution 5522, Approving a Development Review for an Office Building at 7664 Greenfield Avenue, Planning Case DE00-002 F. Resolution 5624 Reclassifying the Senior Clerk Typist Position to Full Time G. Resolution 5644, Approving the Adoption of a Meeting Schedule for Annual Review of the City Emergency Operations Plan H. Resolution 5645, Approving Extra Duty Pay for Certain Public Works and Golf Course Personnel I. Resolution 5646 Creating a Full Time Building Official/Fire Marshal/Fire Fighter Position Within the City of Mounds View J. Resolution 5647 Fire Fighter Declaration for the Building Official Position K. Set a Public Hearing for 7:05 p.m., Monday, November 26, 2001, to Consider an Appeal of the Planning Commission Denial of a Variance Requested by Harstad Companies Regarding the Proposed Longview Estates Major Subdivision, Planning Case VROl-010 MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Items 6A, B, C, D, E, F, G, H, and K as presented. Council Member Marty requested that Items 6E, 6I, and 6J be pulled for discussion. Council Member Marty requested a friendly amendment to the motion to include Item E. Council Member Quick accepted the friendly amendment. Ayes - 5 Nays - 0 Motion carried. r~ ~~ MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item 6I and 6J as presented. Council Member Marty asked whether the person filling the position of Building Official/Fire Marshal/Fire Fighter would be going out on fire calls and how that would affect the City. Assistant to the Administrator Reed indicated that Item 6J, which was also pulled from the Consent Agenda for discussion, explains the matter in greater detail. She then explained that as far as PERA is concerned the fact that the individual would fight fires puts the person into the police and fire fund and that is a lower rate than the rest of the City employees. Council Member Thomas amended her motion to include Item 6J. Council Member Quick accepted the amendment. Mounds View City Council November 13, 2001 Regular Meeting Page 6 Council Member Stigney indicated that hiring a full time person, regardless of the lower rates, still costs the City money in benefits such as sick leave, vacation, and severance pay. He then commented that the City has the ability to use a contract person for that position which would save the City money because the rate would be scaled to a percentage of funds brought in from building permits. Council Member Stigney disagreed and asked the City Attorney for his opinion and the City Attorney responded that he did not know the answer. Council Member Marty explained that a couple of years ago the City changed this position to contract with the Fire Department because the building activity in Mounds View had slowed down and there was not a need for a full time person. He then explained that, based on increased building activity, Staff has deemed that there would be a cost savings to the City to hire a full time person. He further explained that, if building activity slows again in the City, the position could be re-evaluated. Council Member Stigney indicated that, once a full time person is hired, it is difficult to eliminate that position without substantial costs to the City in severance pay. He then reiterated his comment that the City has the opportunity to hire a contract person to be paid based on a percentage of the building permit funds and he feels that, figuring in benefits, the City will not be saving money. Council Member Thomas commented that she agreed with both Council Member Stigney and Council Member Stigney made a point of order that he feels items on the Consent Agenda that are pulled for discussion should be discussed prior to having a motion for approval on the floor. Council Member Marty because, usually it would be more expensive to add full time personnel due to the benefit costs to the City. She then explained that the City was faced with renegotiating the contract and that contract would no longer be cost advantage because of a significant increase in costs. She then commented that, based on those facts, she supports the hiring of a full time person. Council Member Quick indicated that Council Member Stigney's opinion was contrary to Roberts Rules of Order. Ayes - 4 Nays - 1(Stigney) Motion carried. 7. COUNCIL BUSINESS A. Public Hearing to Consider Resolution 5610, Approving Intoxicating Liquor and Sunday Sales Licenses for Jake's Sports Cafe at 2400 NE Highway 10. Mayor Sonterre opened the public hearing at 10:30 p.m. Assistant to the Administrator Reed explained that Jake's had applied for a license to sell intoxicating liquor and for a Sunday Sales License. She explained that numerous checks had Mounds View City Council November 13, 2001 Regular Meeting Page 7 been done to make sure that Jake's was in good standing and the Health Department had give its approval. She also indicated that the Police Department had run an extensive background ch ck and the utility billing is in order. Assistant to the Administrator Reed indicated that the Fire Marshal had requested that s be installed in the freezer and cooler but had recommended approval of the licenses and time for the sprinklers to be installed. She also indicated that she had checked with the Department of Revenue and the taxes are in order. Mayor Sonterre noted that the establishment is located where the former Donnatellis and the former Knotty Pine were located. Council Member Marty questioned why the Fire Marshal had recommended changes for this business when the Knotty Pine just went through approval a few months ago. Assistant to the Administrator Reed explained that the same issues were pending with the Knotty Pine but were not corrected. She then explained that the applicants have shown the Department of Health that they have taken steps to correct the problems. Council Member Marty welcomed Jake's to Mounds View. Mayor Sonterre closed the public hearing at 10:35 p.m. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5610, a Resolution Approving Intoxicating Liquor and Sunday Sales Licenses for Jake's Sports Cafe at 2400 NE Highway 10. Ayes - 5 Nays - 0 Motion carried. B. Public Hearing and Consideration of Resolution 5641, a Resolution Approving a Preliminary Plat for Gustafson's Fifth Addition Major Subdivision. Mayor Sonterre opened the public hearing at 10:35 p.m. Planner Atkinson explained that this was a request for approval of a major subdivision. He indicated that the property was Zoned R1 and had been rezoned to create six lots out of the existing three lots. Planner Atkinson indicated that Staff had looked at the issues and determined that the subdivision meets the zoning code requirements. He indicated that the utilities would be run behind Lots 3, 4, 5, and 6 out to Long Lake Road at the request of St. Paul Water. He also pointed out that there would be a zero lot line issue with Lots 5 and 6 to accommodate one twin home. Mounds View City Council November 13, 2001 Regular Meeting Page 8 • Torri Johnson of 7730 Long Lake Road indicated she had come to the meeting to obtain information concerning the subdivision. She indicated that the subdivision had been pending for six months, she feels that this plan is the best one she has seen so far, and she thinks that it does not negatively impact the neighborhood. Ms. Johnson expressed concern with the corner lot because it seems to be small and is on a busy intersection that could cause traffic issues. She then commented that she wanted to bring the corner lot up but said it is not a large enough issue to stop the subdivision. Mayor Sonterre closed the public hearing at 10:40 p.m. MOTION/SECOND: Thomas/Marty. To Waive the Reading and Approve Resolution 5641, a Resolution Approving a Preliminary Plat for Gustafson's Fifth Addition Major Subdivision. Ayes - 5 Nays - 0 Motion carried. Council Member Quick questioned whether, when a piece of property is subdivided, the park dedication fee is calculated on the size of the entire parcel. Planner Atkinson indicated it was not. Council Member Marty reminded Mr. Gustafson that several years ago when Council Member Marty had started running for office he had stopped and talked to him and he was cynical about the City because the City had done nothing for him. He then told Mr. Gustafson it was good to see him before Council again. Mr. Gustafson thanked Council for its approval. Council Member Marty thanked the Planning Commission for its hard work on the Gustafson subdivision. C. Introduction and First Reading of Ordinance 690, an Ordinance Amending Chapter 1001.02 of the Municipal Code (Building Code) Relating to Work Requiring a City License. Community Development Director Ericson explained that Staff had identified a couple of types of work that are not required to have a license within City Code and indicated that it is the City's intent to do what it can to protect residents by making sure that contractors doing work in the City are licensed. He then indicated that the three types of work added to the Code are health and safety issues that should be requiring some additional insurance. Council Member Thomas expressed concern with requiring a license for fire alarm installation because it is an issue of electrical licensing which is dealt with by the state. She then commented that the level of electrical wiring for fire alarms does not rise to the level of licensing required by Mounds View City Council November 13, 2001 Regular Meeting Page 9 the state. She further suggested that requiring a license for wiring fire alarms could produce a significant quantity of backwash for the City. Director Ericson indicated the electrical component is not covered under this Code amendment. Council Member Thomas commented that she would be more comfortable with reviewing and updating the City's Fire Code to handle this matter. Director Ericson indicated that the fire alarm installation applies to bigger projects where there is an actual box apparatus that notifies the fire and police departments which is more involved than straight forward electrical. Council Member Thomas commented there could be an issue if the alarm does not work it is caught during inspection. She also commented that the City does not have a definition of home installation versus business installation. Mayor Sonterre indicated that the fire inspector's safety check would determine whether the system was functioning. Director Ericson indicated that the change was recommended by the building official/fire marshal because she felt this type of work was falling through the cracks and should require a license. He then indicated that, if the work being done already requires a state license, the City would not require a City license. Council Member Thomas indicated she was fine with the fuel tank issue because that is easy to define but said she is concerned that the electrical issues are complex and the City runs the risk of not being consistent. She then indicated that she feels it is the job of the building official/fire marshal to catch these items. Director Ericson indicated that the City license would offer some additional protection to the homeowner that the contractor doing the work has workers comp and liability insurance. Council Member Thomas indicated she was fine with acting on the other two but asked for more information about how the electrical issues are handled in neighboring communities. Director Ericson requested that Council receive the first reading and at the second reading request that the fire marshal come before Council to explain the reasons behind the change. Mayor Sonterre read Ordinance 690. MOTION/SECOND: Quick/Stigney. To Introduce the First Reading of Ordinance 690, an Ordinance Amending Chapter 1001.02 of the Municipal Code (Building Code) Relating to Work Requiring a City License. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council November 13, 2001 Regular Meeting Page 10 D. Public Hearing for the Second Reading and Adoption of Ordinance 688, an Ordinance Implementing a Franchise Fee on Reliant Energy Natural Gas Operations Within the City of Mounds View for the Year 2002. Mayor Sonterre opened the public hearing at 10:53 p.m. Finance Director Hansen indicated that Ordinance 688 is an Ordinance Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View. He explained that this Ordinance would continue an agreement under which Reliant collects a 4% franchise fee within the City during 2002. He further explained that the revenues from this agreement are minimal because there are only a handful of Reliant Energy customers within the City. Mayor Sonterre closed the public hearing at 10:54 p.m. Council Member Thomas indicated that on the agenda the Ordinance numbers were incorrect and indicated that Ordinance 688 was for Reliant and Ordinance 687 was for Xcel. MOTION/SECOND: Quick/Marty. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 688, an Ordinance Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2002. ROLL CALL: Quick, Stigney, Marty, Thomas, Sonterre. Motion: Quick; Seconded: Marty; All voted approval of Ordinance 688 E. Public Hearing for the Second Reading and Adoption of Ordinance 687, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations Within the City of Mounds View for the Year 2002. Mayor Sonterre opened the public hearing at 10:55 p.m. Finance Director Hansen explained that Ordinance 687 would continue an agreement with Xcel Energy whereby Xcel Energy collects a franchise fee of 4% on its natural gas and electric fees within the City. He then indicated that he estimates the franchise fee revenue to the City with this agreement to be $400,000, $200,000 of which goes into the general fund and the other $200,000 goes into the street improvement fund. Mayor Sonterre closed the public hearing at 10:56 pm. MOTION/SECOND: Marty/Thomas. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 687, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations Within the City of Mounds View for the Year 2002. ROLL CALL: Stigney, Marty, Quick, Thomas, Sonterre. Motion: Marty; Seconded: Thomas; All voted approval of Ordinance 687 Mounds View City Council November 13, 2001 Regular Meeting Page 11 lr~ u 8. SPECIAL ORDER OF BUSINESS None. 9. REPORTS A. Report on a Proposed Change in the Accrual and Usage of Vacation Time for Police Officers. ~_~ Finance Director Hansen explained that City employees earn a certain number of days per year of vacation and that number of days is divided by pay periods and the individual accrues vacation time per pay period. He indicated that, according to the personnel manual and City practice, those hours are available as soon as they are accrued. He then indicated that it had recently come to his attention that the policy for police officers is slightly different in that the hours accrued by police officers in 2001 are not available for use until January 1, 2002. Finance Director Hansen indicated he had researched the matter and found no information in the labor contracts or personnel manual to indicate that this type of system is required for the police department. He then indicated that after discussing the matter with Staff he could see no rationale for continuing with the way things are being done and asked Council to approve a change in the accrual method for police officers to make the policy consistent with the policy for all other City employees. MOTION/SECOND: Marty/Thomas. To Approve the Change in Accrual and Usage of Vacation Hours for Police Officers as Recommended by Staff with an Effective Date of December 1, 2001. Ayes - 5 Nays - 0 Motion carried. • Council Member Marty thanked Finance Director Hansen for the just and correct claims itemization and indicated it was helpful. Council Member Thomas indicated she preferred the paper heavy version as it provided more information. Finance Director Hansen indicated he would provide a slightly different format for the next meeting for Council comparison. Council Member Thomas suggested tabling the Minutes for the next meeting in the interest of saving time. Council Member Marty stated that in the past he had been accused of voting to reinstate previous employees and then clarified that he did not vote to reinstate previous employees but voted not to Mounds View City Council November 13, 2001 Regular Meeting Page 12 terminate them because he did not agree with all of the terms and reasons given for doing so. He also clarified that he has previously supported an outside investigation. Mayor Sonterre indicated he had attended a regional home land security update hosted by Betty McCallum and indicated it was a very good seminar where he learned a lot about what the Post Office and the FBI are doing. He indicated that he had asked Charlie Weaver two questions, the first was, is there a way of tying in state and federal funding to make sure the emergency operations plan is taken seriously. He then indicated that he had told Charlie Weaver that it takes three years for someone to be trained and certified to become an emergency operations director. He further indicated that neither the Fire Chief in St. Paul nor the Commissioner of Public Safety were aware of the problem and had indicated that they would move the issue to the top of their priority list. Council Member Stigney indicated that, in light of the plane crash on Long Lake Road, he recommends that the City Administrator contact the airport and remind them that they have a gentlemen's agreement with the City not to fly south of 85th Avenue unless traffic requires it. He then commented that he was outside that afternoon and that plane was the only plane in the air at the time. Council Member Thomas commented that there were some very gallant and brave individuals on that block that pulled the victims from the crash. She then suggested the City should recognize those individuals for their bravery. Deputy Chief Brennan indicated he had a list of those people who had helped at the scene, including residents, State Troopers, Ramsey County Deputies, and New Brighton Police Officers, and indicated he would be preparing letters of appreciation for a future Council meeting. 10. APPROVAL OF MINUTES A. October 22, 2001 City Council Minutes. MOTION/SECOND: Thomas/Stigney. To Table Approval of the October 22, 2001, City Council Minutes to the Next Council Meeting. Council Member Marty indicated he had one very small change to the Minutes. Council Member Thomas withdrew her motion. Council Member Marty requested the following change: On Page 10, fourth paragraph, change $10,000 to $100,000. MOTION/SECOND: Marty/Quick. To Approve the Minutes of the Monday, October 22, 2001 Council Meeting as Amended. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council November 13, 2001 Regular Meeting Page 13 • • r~ ~~ 11. CLOSED SESSION TO DISCUSS PENDING LITIGATION This item was heard earlier in the meeting. 12. Next Council Work Session: Next Council Meeting: 13. ADJOURNMENT Monday, November 19, 2001 Tuesday, November 26, 2001 Mayor Sonterre adjourned the meeting at 11:15 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.