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HomeMy WebLinkAboutMinutes - 2002/01/07• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW ~~ 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA 7:13 P.M. A. Monday, January 7, 2002 City Council Agenda. • Council Member Marty requested that Item 4 be moved behind Item 5 to accommodate residents in attendance. Council Member Marty requested that Item 8B be tabled until January 28, 2002 because at the last Council meeting a motion was made to table the matter to the next Council Meeting that was scheduled to be held on January 14, 2002. He further commented that he feels this meeting is a special Council meeting because the regular meeting should have been on January 14, 2002. Council Member Marty asked that the matter be referred to the work session on January 14, 2002. He also noted that he has had telephone calls and public input about the matter. Council Member Thomas asked City Attorney Riggs if there was an issue with moving resident comment ahead of the closed session. City Attorney Riggs indicated that there was not an issue but reminded Council that there was other legal counsel in attendance to discuss threatened litigation. Council Member Quick indicated he would like to leave the agenda as presented. Council Member Stigney commented that the taxpayers of the City should be allowed to speak prior to the closed session. Mayor Sonterre indicated he did not have an issue with moving resident input ahead of the closed session. Mounds View City Council January 7, 2002 Special Meeting Page 2 • MOTION/SECOND: Marty/Stigney. To Approve the January 7, 2002, City Council Agenda as amended. Ayes - 5 Nays - 0 Motion carried. 4. PUBLIC INPUT Mayor Sonterre requested that any resident comments pertain to the business of the City of Mounds View. Dennis Haames of 5511 Quincy Street addressed Council to indicate that there are mold problems at Pinewood Elementary School. He then explained that the mold problems are due to the leaking roof that needs to be replaced. He further explained that the $80 million school bond that was recently approved does not include fixing the roof and asked residents to contact the school district to ask that the roof be replaced. Mr. Haames indicated that residents need to get involved and make the calls in order to get the school district to have the roof replacement added to the budget that is to be submitted to the state in the spring. Mayor Sonterre indicated that the City Inspector had been working with the district this past fall • and, in fact, nearly held up the opening of the school due to air quality safety issues. Community Development Director Ericson indicated that the City Inspector has been working with the school and has identified some problems. He indicated that the City has been told that the district is working to resolve those problems. He further indicated that there is only so much the City can do because the matter is a state issue. Council Member Marty indicated he had attended a town hall meeting last month at the Community Center and the air quality issue at the school came up. He then indicated he feels the City should look into the matter. He also noted that there was a meeting being held right now to discuss the matter. Mr. Haames indicated that there was an air quality task force meeting being held at the Mounds View Public Library to discuss the matter and indicated he was leaving this meeting to attend that one. Council Member Thomas indicated that she had been working with the air quality task force and noted that Ms. Osmonson has been doing a great job concerning the construction issues but explained that the City Inspector can only deal with the items currently under construction. Wendy Marty of 2626 Louisa Avenue indicated that she was asking for the fourth time in two and a half months for a copy of the letter that Mayor Sonterre had said he submitted to City • Administrator Miller. She then indicated that on November 26, 2001 Mayor Sonterre indicated Mounds View City Council January 7, 2002 Special Meeting Page 3 • that the letter was sent to the City Administrator and stated it would be available to residents on December 10, 2001. She further indicated that she had asked for a copy of the letter several times and recently received a message on her husband's City Hall voicemail indicating that the letter would be available at the end of last week. City Administrator Miller indicated that the message left was for Council Member Marty. Ms. Marty indicated that the message said "and Wendy". City Administrator Miller indicated that she has been advised by City Attorney Riggs that the letter is to be considered confidential and is not public at this time. City Attorney Riggs indicated that Council has not decided how to proceed on the matter. He then indicated that, if Council deals with the matter this evening, the letter will be made available to the public. Ms. Marty asked for the state statute that says she cannot have the letter now. City Attorney Riggs agreed to provide the statute to Ms. Marty later in the evening. Ms. Marty asked if there have been any issues with the fitness equipment. She specifically asked if any of the equipment had broken down and been repaired. City Administrator Miller indicated that, to her knowledge, there have not been any repairs made to the fitness center equipment. She then indicated that she and a representative from the YMCA had met with a representative from LMCIT to review the equipment. She further indicated that the representative from the insurance company had determined, and confirmed by letter, that there is no liability issue for the City and had advised the City to contact Reebok to determine whether or not there would be a warranty issue. Ms. Marty asked when the insurance company looked at the equipment. City Administrator Miller indicated that the insurance agent reviewed the equipment approximately three weeks ago and said she could check her calendar for the exact date. Ms. Marty asked if she could have a copy of the letter tomorrow. City Administrator Miller indicated she would provide a copy of the letter to Ms. Marty as soon as the City Attorney advises her that it is public information. Dana Mendoza of 2633 Clearview Avenue indicated he had stopped at the golf course to purchase a gift certificate and found that it was closed. He then asked why the course was closed early this year. • Mounds View City Council January 7, 2002 Special Meeting Page 4 • City Administrator Miller indicated the matter was discussed with Council and, after reviewing the revenues versus the expenditures to keep the course open, it was determined that it was not prudent to do so and the course was closed. She also commented that it is normal practice to close the course for the winter months. City Administrator Miller explained that the golf course staff was instructed to put an announcement on the door indicating the hours of operation. She also indicated that the announcement was to indicate that gift certificates could be purchased at City Hall. Mr. Mendoza questioned why there were more attorneys at the meeting and then stated "this is getting a little expensive isn't it." City Attorney Riggs indicated that the City is being advised through the League of Minnesota Cities on a matter. City Administrator Miller explained that the attorneys present were through the insurance company. Mr. Mendoza commented that he did not think it would take very much to settle the fitness equipment matter. He then asked Mayor Sonterre, as the business owner, to take care of the matter to prevent any more expense to the taxpayer. . Mayor Sonterre agreed that the matter should be easily resolved. Mr. Mendoza said he would appreciate it if the Mayor took care of it. Council Member Marty questioned why the City Administrator felt it was costing more to keep the course open than would be brought in and noted the remaining employees at the golf course are salaried. City Administrator Miller indicated that numbers on the golf course were provided to Council. She then indicated that the City chose to close the golf course and require those employees to use the flex time and vacation time they had accrued to limit the City's liability for that flex and vacation time. Council Member Marty indicated he had stopped by the golf course on the last day and the staff had installed pins in front of the greens and were still getting calls for tee times. He further commented that the greens were not open but there were artificial greens set up 20 yards in front of them. City Administrator Miller indicated that she had provided Council with the revenues that the City had on file for the last time period that they were available from the finance department. She then commented that, after reviewing the numbers, Council had given the direction to have the • course closed. Mounds View City Council January 7, 2002 Special Meeting Page 5 Council Member Mart commented that the Cit Administrator had told Council that the reens Y Y g were covered so no one could golf. City Administrator Miller indicated that it was her understanding that the greens were covered. Council Member Thomas commented that the money being brought in by remaining open with the artificial greens was 1 /5 of the operating budget to keep the course running. David Jahnke of 8428 Eastwood Road stated that he agreed with the comments of Mr. Mendoza and said he hopes a lesson was learned on that one. Mr. Jahnke then commented that he had just read about the issues surrounding the Mayor in St. Croix and said, while he is not comparing that situation to this, he hopes that this Council will make employees and elected officials accountable for their actions. Mr. Jahnke indicated he did not feel it was right for city employees to be using the public works garage for personal work such as washing cars and making repairs and asked Council to make sure that is not happening. 5. CLOSED SESSION • Council recessed to a closed session at 7:35 p.m. Council reconvened at 8:02 p.m. 6. UNFINISHED BUSINESS None. 7. CONSENT AGENDA A. Just and Correct Claims B. Licenses for Approval C. Resolution 5686 Approving SEH's Supplemental Agreement Letter D. Resolution 5677 Establishing the City of Mounds View Official Calendar for the year 2002 E. Set a Public Hearing for 7:05 p.m., January 28, 2002 to Consider a Conditional Use Permit and Development Review for the Edgewood Middle School Facility Expansion, CU01-004 and DE01-005 F. Set a Public Hearing for January 28, 2002 at 7:10 p.m. for the Second Reading and Adoption of Ordinance 691, Amending Chapter 502 (Intoxicating Liquor) and Chapter 503 (3.2 Percent Beer) of the Municipal Code as They Relate to • G. Charitable Gambling Resolution 5673 Approving 2001 Transfers Mounds View City Council January 7, 2002 Special Meeting Page 6 • H. Resolution 5680 Approving Seasonal Ice Rink Maintenance Position I. Resolution 5684 Approving Application for a Body Armor Replacement Grant J. Resolution 5685 Authorizing Payment to Northwest Youth & Family Services for the Year 2002 K. Resolution 5681 Hiring a Public Works Maintenance Worker Council Member Marty requested that Items 7E, 7F, and 7H be removed for discussion. MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item 7E as presented. Council Member Marty indicated he had not received any information on this item in his packet and was curious as to why. Community Development Director Ericson indicated that this item had not been presented to Council and the Consent Agenda item was to set the public hearing so that it could be brought before Council on January 28, 2002. Council Member Marty asked if the matter would be discussed at a work session prior to coming to the Council meeting. Director Ericson indicated he would provide a brief staff report on the matter at the January 14, 2002 work session. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item 7F as presented. Council Member Marty indicated he did not have anything in his packet on this item and asked if Council would be voting on the matter at the January 28, 2002 meeting. Assistant City Administrator Reed indicated that this item was before Council at a work session and Council had asked that it be placed on the Council agenda on December 10, 2001 for a first reading. She then indicated that the Consent Agenda item sets the public hearing for the second reading and adoption before Council at the January 28, 2002 meeting. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item 7H as Presented. Council Member Marty asked whether this employee could be considered full time and be subject to benefits. Assistant City Administrator Reed indicated she had spoken with Labor Relations Associates and • was told that as long as the employee is hired for a different position with a clear start and end Mounds View City Council January 7, 2002 Special Meeting Page 7 • date there should not be an issue. She then commented that the position is completely different from the previous position held by the employee. Council Member Stigney asked if the position had been advertised. Assistant City Administrator Reed indicated that the City had not advertised for the position as it was the intent to handle this position in the same way other positions were handled earlier in 2001 whereby Council approves the position and Staff is responsible for filling the position. Council Member Stigney commented that it seems that Staff already has someone in mind for the position. He then asked if Staff would be advertising for the position. Assistant City Administrator Reed indicated she had received the information from the Parks Foreman who had told her that he would like this individual for this particular position because the person has the experience and training needed for this position. Council Member Stigney commented that this seemed to be slightly askew from the normal procedure but said, since the job ends in February, he does not have an issue with it. Assistant City Administrator Reed indicated she was not sure to what extent Parks has advertised seasonal positions in the past but said she is aware that one of the goals has been to use some of the same individuals, if possible, to keep training costs down. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Marty/Thomas. To Approve Consent Agenda Items 7A, B, C, D, G, I, J, and K as Presented. Council Member Marty commented that Mr. Hansen's explanation of just and correct claims was very good. He also indicated he liked both formats that were provided but prefers the third format. Ayes - 5 Nays - 0 Motion carried. 8. COUNCIL BUSINESS A. Consideration of an Appeal of the Planning Commission Denial of a Variance Requested by Harstad Companies Regarding the Proposed Longview Estates Major Subdivision, Planning Case VRO1-010. Community Development Director Ericson explained that this item was on Council's agenda on December 10, 2001 for a public hearing. He then indicated that there was significant discussion, • and a vote taken that resulted in a two to two tie. Mounds View City Council January 7, 2002 Special Meeting Page 8 • Director Ericson rovided a summ of the case for Council review and noted that Rice Creek p ~Y Watershed has tabled approval of the subdivision with authorization for administrative approval pending receipt of title documents. Director Ericson indicated that after considerable discussion the Planning Commission decided, though not by unanimous vote, that the applicant did not meet the hardship requirements and denied the variance. Director Ericson indicated that Staff is of the opinion that a hardship could be justified in this case because of the expectation of development established when the utilities were run to the property. He then indicated that Staff is still of the opinion that there is enough justification that hardship could be established but noted that Staff is concerned about the suitability of the soils and hydrology in the area and would like to see soil borings to determine whether the lots would be buildable. Barbara Koziak of 5173 Red Oak Drive indicated that she bought her property in 1973 and was told that the stretch of land between Long View Drive and Silver Lake Road was a wetland and would stay a wetland. She then indicated that, while the property around the wetland is not wet enough to qualify as waterfront property, it is very wet. She also indicated that she had heard that the peat goes down 80 feet but said she has no evidence of that. Ms. Koziak indicated she was concerned that the changes to the water table, because of the addition of the homes with impervious surfaces, would damage her property by causing water to build up on it. She then commented that she feels adding eight houses to the area is questionable but eleven would be inappropriate. Dave Tillman of 5166 Longview Drive indicated he wanted Council to be aware of the fact that the eleven lots will meet the 20,000 square foot requirement but the people buying them are buying half swamp and the City will be responsible to make sure that the owners do not fill in the wetland. He then asked the City to uphold the ordinance because it was established to protect the wetlands. He also asked if an environmental assessment had been done. Council Member Stigney asked Community Development Director Ericson or the City Engineer to respond to the water and peat questions raised. Rocky Keehn, SEH indicated he had done a brief review of the proposed subdivision and indicated there is a ditch to stabilize water flows. He then recommended looking at the high water level to determine whether there would be an impact. He also suggested checking to see what type of impact the additional runoff would have on the overall storm water management of the City. • Mounds View City Council January 7, 2002 Special Meeting Page 9 • Rocky Keehn, SEH, indicated that the individual property owners would need to apply for permits each time they wished to do anything with their backyard and suggested that the City may want to take over the wetlands to ensure that nothing is dumped in them. Mayor Sonterre questioned whether the addition of these homes would have an impact on the holding capacity of the ponds at Woodcrest Park. Rocky Keehn, SEH, indicated that when the Woodcrest holding ponds were designed the addition of 11 houses on that property was not considered. He then indicated that there is an emergency overflow built into the holding pond but said the City would need to look into erosion control and the impact on the system as a whole. Council Member Thomas clarified that the issue before Council was whether hardship could be established in order to grant the variance. She then commented that she has not seen or heard anything to convince her that the hardship requirement has been met. MOTION/SECOND: Thomas/Marty. To Waive the Reading and Approve Resolution 5659, Version 1 Upholding the Planning Commission's Denial of a Variance for the Longview Estates Major Subdivision, VRO1-010. Ayes - 3 Nays - 2 (Stigney/Quick) Motion carried. Council Member Marty asked if an environmental assessment worksheet had been done. Director Ericson indicated that Rice Creek Watershed District had determined that an environmental assessment worksheet was not necessary. He then indicated that an environmental assessment worksheet could be done if asked for by petition from the residents. B. Second Reading and Adoption of Ordinance 689 Revising Chapter 512 of the Tobacco Ordinance A. Second Reading and Adoption of Ordinance B. Stigney, Thomas, Quick, Marty, Sonterre This item was removed from the Council Meeting Agenda and put on the work session agenda for January 14, 2002. Council Member Marty asked if the Deputy Chief would be at the work session on January 14, 2002. City Administrator Miller indicated that the Deputy Chief would be at the work session on January 14, 2002. • Mounds View City Council January 7, 2002 Special Meeting Page 10 • • C. Consideration of Resolution 5682, a Resolution Approving a Minor Subdivision of 730 Woodlawn Drive and 718 Edgewood Drive, Planning Case MI01-005 Community Development Director Ericson explained that this item is a request for a minor subdivision that would approve a property line change. He indicated that the applicant owns both pieces of property and would like to shift the back property line back to allow for more room on the duplex lot to allow for a future garage addition. Director Ericson indicated that the Planning Commission had reviewed the request and had recommended approval. He then read through the stipulations included with the Resolution and indicated that Staff is in support of the request. Council Member Quick asked why no park dedication fee was required. Director Ericson indicated that according to the City's Code, because no new lots are being created and no new dwelling units added, a park dedication fee is not required. Council Member Quick expressed concern that this is commercial property that is being expanded and has the potential for future development expansion and he feels there should be a park dedication fee required. MOTION/SECOND: Thomas/Quick. To Waive the Reading and Approve Resolution 5682, a Resolution Approving a Minor Subdivision of 7630 Woodlawn Drive and 7618 Edgewood Drive, Planning Case MI01-005. Ayes - 5 Nays - 0 Motion carried. D. Resolution 5678, Appointing Official Newspaper, Acting Mayor, Treasurer and Official Depository for the Year 2002. • City Administrator Miller indicated that this Resolution takes care of housekeeping issues that are typically handled at the first Council meeting of the year. She also indicated that state statute and the City Charter require that a treasurer be appointed. Mayor Sonterre, Council Member Thomas and Council Member Quick indicated they would like to continue using the Focus as the official newspaper. Council Member Marty suggested using the Bulletin as the official newspaper because the rates are cheaper and he feels the coverage of City events is better with less advertising than the Focus. Mounds View City Council January 7, 2002 Special Meeting Page 11 City Administrator Miller explained that the Bulletin does not have the ability to receive documents from the City by e-mail. She then noted the ability to use a-mail to send documents to the newspaper saves on Staff time and reduces the likelihood of errors. Council Member Stigney asked the reporter from the Bulletin that was at the meeting if there was a reason the Bulletin cannot accept e-mail. The reporter indicated that the Bulletin does not have e-mail at the office and said he was not sure when e-mail would be available. Council Member Stigney indicated he would like to support the Bulletin as the official newspaper because the rates are lower and the City gets better coverage but said he feels the City should use the Focus for this year and suggested the Bulletin get e-mail capability as soon as possible. Council Member Marty indicated that the Bulletin does have fax capabilities. City Administrator Miller indicated that e-mailing is faster and reduces the opportunity for errors because the paper receives information directly from the City and does not have to duplicate it to put it in the newspaper. It was the consent of Council to use the Focus as the primary paper. It was the consent of Council to use the St. Paul Pioneer Press as the secondary paper. It was the consent of Council to appoint Council Member Stigney as Acting Mayor. Council Member Stigney commented that the way the Resolution is worded implies that the City uses Western Bank for its investments. Finance Director Hansen indicated that the only investment at Western Bank is a money market account. He then indicated that putting Western Bank on the list for potential investments would allow investments to be made, if necessary. He further indicated that Western Bank is not the City's primary investment firm. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5678, a Resolution Appointing Official Newspaper, Acting Mayor, Treasurer and Official Depository for the Year 2002. Ayes - 5 Nays - 0 Motion carried. Council Member Stigney commented that there was a listing of other investment banks and asked if others would be added if Staff determined there was a cheaper or better rate available. Mounds View City Council January 7, 2002 Special Meeting Page 12 Finance Director Hansen indicated that, if he found a reason to do business at another institution, he would bring a resolution back to Council for approval. Ayes - 5 Nays - 0 Motion carried. E. Resolution 5679, Appointing City Council Members and City Administrator as Representatives for City Commissions and Other Organizations. Council Member Quick indicated he would like the same appointments as last year. Mayor Sonterre asked who was assigned to the Fire Relief Association. It was determined that Council Member Marty would attend the Fire Relief Association meetings. Council Member Marty asked why two Council Members were assigned to the Cable Committee and the Economic Development Commission. City Administrator Miller indicated that there were two representatives last year. Council Member Marty commented that he felt that Northwest Youth and Family Services was worthwhile and indicated there was not a liaison for that organization last year. Mayor Sonterre read through the appointments. Community Development Director Ericson indicated that the Economic Development Commission had specifically requested that Council consider appointing someone to act as liaison to the Committee. Mayor Sonterre agreed to attend the Economic Development Commission meetings. MOTION/SECOND: Marty/Thomas. To Waive the Reading and Approve Resolution 5679, a Resolution Appointing City Council Members and City Administrator as Representatives for City Commissions and Other Organizations. Ayes - 5 Nays - 0 Motion carried. F. Appointment of Planning Commission Chair Mayor Sonterre indicated that Council needed to appoint a Chairperson for the Planning Commission and noted that the Planning Commission had recommended Gary Stevenson as Chairperson. Mounds View City Council January 7, 2002 Special Meeting Page 13 Community Development Director Ericson indicated that the recommendation of appointment of Gary Stevenson as Chairperson was unanimous by the Planning Commission MOTION/SECOND: Sonterre/Quick. To Approve the Appointment of Gary Stevenson as Chairperson of the Planning Commission. Ayes - 5 Nays - 0 Motion carried. 9. SPECIAL ORDER OF BUSINESS None. 10. REPORTS Council Member Thomas indicated she had been following the issues at Pinewood Elementary and suggested that residents go to the school board with questions and concerns. She also noted that the City is watching with great interest the details of the new construction. Mayor Sonterre indicated that at the last Ramsey County League of Local Governments meeting the guest speaker was Tom Howser, a political reporter for Channel s News. He then indicated that, after some debate, the meeting attendees were able to convince Mr. Howser to host a meeting concerning the affects of the changes in the state budget on cities. Council Member Marty asked how many positions are open on the Planning Commission. Community Development Director Ericson indicated that there were two positions open on the Planning Commission. Council Member Marty commented that he had heard that Sherri Gunn had applied for a seat on the Planning Commission approximately two months ago and asked why that appointment had not come to Council. Mayor Sonterre indicated that Ms. Gunn had delivered a letter to the Park and Recreation Committee indicating she had conflicts for the remainder of the winter months and a few spring months with meeting on Wednesday night. He then noted that, since the Planning Commission meets twice per month on Wednesday nights, he did not bring the appointment to Council. Council Member Marty asked how this meeting changed from a work session to a Council Meeting. City Administrator Miller indicated that Council Member Thomas had suggested flipping the meeting and the work session in lieu of having two meetings in one evening. She then indicated that she had consulted with the Mayor who agreed and the change was made. Mounds View City Council January 7, 2002 Special Meeting Page 14 C, Council Member Marty indicated that he does not use his e-mail very much and asked if someone could call him to tell him of meeting changes in the future. Council Member Quick indicated he does not use e-mail and he knew about the meeting change. He then indicated that a conscious effort to stay in contact with Staff would help. Council Member Marty indicated he was not aware that City Administrator Miller was out of the office and had left a number of messages for her not knowing she was not available. City Administrator Miller indicated that a couple of weeks ago when Council Member Marty was in her office she had explained to him that she had a situation where a family member required some assistance and she would be taking flex time at the end of the year to assist them but did not yet know the date. She also indicated that Ms. Babekuhl and Ms. Reed were aware that she was out of the office and suggested that Council Member Marty should have contacted Ms. Reed if he was unable to contact her. She then apologized for not checking her voice mail while she was out of the office but noted she had responded immediately upon her return. Council Member Marty indicated that there had not been a golf course committee meeting for quite some time. He then asked if the committee had been disbanded and noted that there were issues with the golf course that he felt Council needed to keep up to speed on. Mayor Sonterre explained that the golf course committee was a component of Mr. Hammerschmidt's operating contract and, since the contract has been terminated, the committee does not exist. He then indicated that the Council would need to determine whether a committee is needed. Council Member Marty commented he was not sure if a committee was needed and then commented he feels that the requirements of the charter are important and would help to keep Council informed. Council Member Thomas indicated the Charter Commission was working on a recommendation for Council. She then indicated that the matter should be discussed with the new golf course manager when that individual starts. Council Member Marty asked how the search for the golf course manager was proceeding. City Administrator Miller explained that Staff is working on the job description which will be presented to Council for discussion at the work session on January 14, 2002. Council Member Marty asked when Council would meet the new public works director. City Administrator Miller introduced Greg Lee, the new Public Works Director, to Council. Mounds View City Council January 7, 2002 Special Meeting Page 15 Mr. Lee thanked Council for hiring him and said he looks forward to working with Council. Council welcomed Mr. Lee. Mayor Sonterre asked if a date had been set for the first quarter retreat and, if so, had the format and location been determined. City Administrator Miller indicated that the date was in February but said she was not sure of the exact date. Mayor Sonterre asked City Administrator Miller for information as to the format for the retreat. City Administrator Miller indicated that the format had not yet been established and suggested discussing the matter at the January 14, 2002 work session. City Administrator Miller indicated that during the closed session on December 10, 2001 the Council had discussed the fitness equipment at the Community Center and had directed her to contact the company for information. She then indicated that she had prepared a report for Council review and noted that she had difficulty in obtaining written confirmation of the figures due to numerous telephone calls placed by certain individuals to Icon, the distributor for Reebok. She further indicated that the report had been reviewed by the City Attorney prior to being given to Council. Council Member Stigney asked if this item should be discussed in a closed session. City Attorney Riggs indicated that it was noted at the closed session discussion that Council did not have information from a direct City source and that is what City Administrator is now providing. He then indicated the information is public data and could be discussed at the open meeting. Council Member Stigney questioned whether the item of discussion was no longer a closed session item. City Attorney Riggs indicated that, at this point, the item is public information. He then indicated that it could be necessary in the future, based on Council's decision as to how to proceed, to close it again. Mayor Sonterre asked if the item required action at this meeting or would be dealt with at a future meeting. City Attorney Riggs indicated that the City Administrator had provided the information to him today after verifying the information. He then advised Council to review the information and decide how to proceed. He also noted that Mr. Sonterre may wish to dispute some of the information after reviewing it. Mounds View City Council January 7, 2002 Special Meeting Page 16 • Council Member Stigney indicated he thought that City Administrator Miller was asked to determine whether the equipment was home equipment rather than commercial, what the warranty was, and ask the vendor if the warranty could be extended. City Administrator Miller indicated that, according to verbal information received from the vendor, the warranty would not be extended because the equipment is in the Community Center. She then indicated that the liability issue was resolved because the representative from LMCIT determined that there would not be an issue. She also noted that the current usage is no more than what the at home usage would be based on documentation obtained from the YMCA that indicates a less than one hour per day usage rate. City Administrator Miller indicated that Staff had thought the vendor would extend the warranty based on the limited usage but declined to do so because the equipment is in a public setting making the warranty void. Council Member Stigney asked what the warranty would have been if the equipment were not in a public setting. He then indicated that the Mayor was told, when he placed the order, that the equipment was for in home use. City Administrator Miller indicated the equipment was purchased through a catalog and she is • not sure that anyone on Staff checked to see if was commercial equipment. She also indicated that, when the City took ownership of the equipment, no one checked to make sure the equipment received was what was purchased. Council Member Stigney commented that it was his understanding, during closed session discussions, that when TSS placed the order Reebok informed Mr. Sonterre that the equipment was for in home use and was not to be used in a commercial setting. He then said he feels that the Mayor, as owner of TSS, should uphold whatever the warranty would have been. Mayor Sonterre indicated that it was the opinion of Reebok that he was made aware of the fact that the equipment was in home equipment and he has disputed that fact. Council Member Stigney indicated that Mayor Sonterre sold the equipment knowing it was going into a commercial setting. He then indicated that since the equipment is not covered by warranty he feels the person who sold the equipment, Mayor Sonterre, should provide whatever the Reebok warranty would have been Mayor Sonterre indicated that the equipment was part of an apparel catalog and he does not sell the equipment and knows nothing about it. He indicated he never received any information on the product other than the two-page portion of the apparel catalog. He then explained that while on the Parks Commission he offered the catalog to the Commission because the Commission was interested in purchasing equipment for the Community Center. He further explained that his Mounds View City Council January 7, 2002 Special Meeting Page 17 only involvement in the process was to provide the catalog and allow the City to use his account with the vendor to purchase the equipment. Mayor Sonterre indicated he had provided the catalog with the understanding that City Staff would review the equipment before making its recommendation to the Commission and Council. He then indicated that, at the following Commission meeting, pictures of the equipment were shown and information given that the YMCA had decided to purchase the equipment. He further indicated that he had no conversations with anyone concerning the equipment prior to the decision being made to purchase the equipment. Mayor Sonterre indicated that he never intended to do anything other than facilitate the sale. He indicated that he does not sell the equipment and never made any claims concerning that equipment. He then commented that, if it is determined that there were billing errors made by his company, he would stand by his word and take care of it. Council Member Stigney commented that he believes Mayor Sonterre was aware at the time that the equipment was for in home use. He then said if, as claimed, the Mayor was not aware he is aware now. Council Member Stigney asked Mayor Sonterre to provide a warranty equivalent to what would have been provided by Reebok. Council Member Thomas indicated she was not comfortable asking a company that is not the manufacturer to warrant the product. She then suggested that the City needed to research what type of warranty would have been provided and what it would cost to purchase an extended warranty for the equipment. Council Member Marty indicated that the City has a letter from Icon stating that Mr. Sonterre was informed, at the time the order was placed, that the equipment was for in home use. Council Member Thomas indicated that whether or not Mayor Sonterre was aware of the fact that the equipment was for in home use is a "he said -she said" situation and does not solve the warranty issue. Council Member Marty indicated he would like Staff to check on how the equipment is holding up. City Administrator Miller indicated that when she had last spoken to the Public Works staff concerning the equipment she was told that none of the equipment had been broken. She then indicated that the YMCA does regular maintenance on the equipment. She further indicated that during discussions with LMCIT it was determined that regular maintenance on the equipment would prolong the life of the equipment. City Administrator Miller indicated that she had been given direction to look at the discrepancy between what the City paid and what the City should have paid and that is in the report. Mounds View City Council Special Meeting January 7, 2002 Page 18 • Council Member Thomas asked if it was the consent of Council to direct Staff to look at warranty options or secondary warranties that could be purchased. Council Member Stigney said he wants Mayor Sonterre to provide the warranty. Council Member Thomas indicated she refused to vote on the matter before having more information on the warranty. Mayor Sonterre indicated that the equipment has been in place for approximately 13 months and he would be very surprised if any manufacturer provided a 12-month warranty. MOTION/SECOND: Thomas/Quick. To Direct Staff to Research the Warranty Issue and Provide Information to Council for discussion. Council Member Marty indicated that the City ordered RBTL1598 and received RBTL1399. He then asked why the City paid for one model and received another. Council Member Stigney said he feels that when you sell equipment to somebody you, as the business owner, should warrant the equipment if it fails. Mayor Sonterre commented that, if the equipment fails, he feels it is the fault of the YMCA • representative for not investigating the equipment prior to purchasing it. MOTION/SECOND: Quick/Thomas. To Call the Question. Ayes - 4 Nays - 1 (Marty) Motion carried. Ayes - 3 Nays - 2 (Stigney/Marty) Motion carried. Council Member Quick asked City Administrator Miller if the YMCA was given a catalog and came up with the product. He also asked if the YMCA accepted that product when it was delivered. City Administrator Miller indicated that Council Member Quick was correct. Council Member Quick asked what the role of the person overseeing the finances of the City was in this scenario. City Administrator Miller indicated there were a number of problems with the purchase. Council Member Quick asked whether the Commission approved the purchase and ordered the equipment without Council approval and then accepted delivery of that equipment. • Cit Administrator Miller indicated the check was issued before the a ui ment was received. Y q p Mounds View City Council January 7, 2002 Special Meeting Page 19 Council Member Quick asked who issued the check. City Administrator Miller indicated the Finance Director issued the check. Council Member Quick commented that the Finance Director involved in this matter is no longer employed by the City. City Administrator Miller indicated that when the City took ownership of the equipment it came to her attention that there seemed to be a discrepancy in what the City paid for the equipment. Council Member Quick commented that the City paid somebody to run its finances that could not catch the discrepancy, and is paying somebody over at the Community Center that accepted the equipment and that person did not check to see what it was they were accepting. He further commented that there is a witch-hunt and someone is trying to hang something on somebody. Council Member Quick stated he is of the opinion that the whole system broke down and that is why the City is in the situation it is currently in. He further commented that he has a hard time pointing fingers at one individual and making him the fall guy. Council Member Quick commented that City Administrator Miller had said that she had • difficulty obtaining information from the vendor because there was so much interest in the information. He then asked who was contacting the vendor. City Administrator Miller indicated that Council Member Marty, Wendy Marty, and Shannon from the YMCA were contacting the vendor. Council Member Quick asked whether any of the individuals doing the information hunting were authorized to do so by the City. He then commented that the ultimate end of the fact-finding calls was to muddy the waters and make it more difficult for the City to find the truth. City Administrator Miller indicated that, to her knowledge, the individuals were not authorized by the City to conduct an investigation. Council Member Marty indicated that the check was issued and cashed in June but the equipment was not ordered until December. He said he would like to know what TSS did with the money prior to ordering the equipment. He also indicated that the City was invoiced for and paid for RBTL1598 but received RBTL1399 and that is a lesser model. He then indicated he would like to receive an update from the YMCA as to the condition of the equipment. City Administrator Miller indicated she would ask the Public Works staff for an update on the condition of the equipment at the community center. • Mounds View City Council January 7, 2002 Special Meeting Page 20 City Attorney Riggs indicated that the City would run into a serious problem with trying to ask what any private entity does with its dollars. He then agreed with Council Member Quick that the system broke down badly and noted that, based on conversations he has had with the City Administrator, it is questionable whether the city has a valid contract with TSS. He fuuther commented that Council needed to decide how far to go out with this matter because he thinks the City is chasing good effort after bad. City Attorney Riggs indicated that the issue of warranty could be researched and then commented that either Council takes the response provided by Mayor Sonterre or it does not. He then indicated that the City has had problems obtaining information from the vendor and he would be surprised if the City would be able to get any more information because the City is not the direct purchaser of the equipment. He further commented that the matter is so bungled at this point that it would be very difficult to come to a resolution on the numbers. City Attorney Riggs indicated that Council had asked for information based on what recourse Council may have and the City Administrator was attempting to respond to that request. Council Member Thomas asked whether the City had any legal authority to obtain expense information from a private company. City Attorney Riggs indicated it would depend on the contractual relationship between the • company and the City and it is arguable that the contract was void from the start. He then commented that, if the City had followed proper protocol, this never would have been done. He further commented that if he had been asked he would have told the City it was illegal. He also commented that, if proper purchasing procedures had been followed, meaning Staff would come to Council for approval of the purchases, this would not have happened and there is no evidence that Staff ever brought this forward for approval. Mayor Sonterre asked, for clarification, whether the actual purchase was illegal by City Code or state statute. City Attorney Riggs answered that the City did not follow the established process. Council Member Quick commented that City Staff did not follow the established process. City Attorney Riggs confirmed that Staff did not bring the matter to Council for any type of normal purchasing approval and said, from that standpoint, there is a question of whether the City ever authorized the purchase. Mayor Sonterre asked the City Attorney whether the actions and investigations of Council Member Marty were in violation of the City's Charter as it pertains to investigations. City Attorney Riggs indicated that the Charter was set up to allow the authority for investigations to lie with the Mayor or the Council as a whole. He then commented that, as noted, it appears Mounds View City Council January 7, 2002 Special Meeting Page 21 • that the City is having difficulty obtaining information due to the contacts that were made. He further commented that he would need to further research whether or not it was a violation of the City's Charter. MOTION/SECOND: Quick/Thomas. To Direct the City Attorney to Research Whether the Actions of Council Member Marty Concerning the Fitness Center Equipment Investigation Are in Violation of the City's Charter and Provide a Written Report to Council. Council Member Stigney commented that he felt it was not necessary to pay the City Attorney to review the City's Charter and provide a report. Ayes - 3 Nays -1 (Stigney) Motion carried. Council Member Marty abstained from voting on the matter. Council Member Quick made a point of order that Council Member Marty needed Council permission to abstain from voting and stated he did not give his permission for Council Member Marty to abstain. Council Member Marty stated that he felt, since the matter concerned him, he should abstain from voting. He then asked Council for permission to abstain from voting. • It was the consent of Council, with the exception of Council Member Quick, to allow Council Member Marty to abstain from voting on the matter. Council Member Marty indicated that all the information provided had already been provided to the City Administrator and was simply verification of public information. City Attorney Riggs agreed that the information was public and stated that he had advised Council that they could not handle this matter in a closed session. Council Member Stigney stated that Mayor Sonterre had indicated that he did not make a profit on the equipment but, if he understood his own accounting system, he would realize that he made a profit of approximately $700.00 and the City would have saved time and money. He then commented that he feels, in the interest of ethics, the Mayor should pay the settlement so that the City can move on. Council Member Quick indicated that he would like a discussion of the legislative agenda to be added to the work session agenda for January 14, 2002. Council Member Marty asked who authorized the attendance of the Mayor at the last two National League of Cities Conferences that were out of state. He then commented that he was • not aware that the Mayor had gone to the last conference until after the fact. Mounds View City Council January 7, 2002 Special Meeting Page 22 City Administrator Miller indicated that during the budget process there are dollars set aside for attending conferences. She then indicated that, if Council wants to authorize attendance at conferences in the future that can be done. Mayor Sonterre indicated that the first conference was held in Washington, D.C. and definitely was discussed prior to his attending because he was proud to mention that he was to be part of the crime prevention committee. He also indicated that when he returned from that meeting he had provided a summary to Council on the meeting and mentioned that the next meeting would be in Atlanta in December. He further commented that he had no problem with Council setting a protocol to discuss and authorize conferences. Council Member Stigney indicated he disagreed that it was discussed because he was talking to City Administrator Miller and she asked him how he felt about spending money to send the Mayor to conferences and he told her that it was a waste of money. MOTION/SECOND: Stigney/Marty. To Require Council Approval of Attendance at National Conferences. Ayes - 5 Nays - 0 Motion carried. 11. APPROVAL OF MINUTES A. December 10, 2001 City Council Minutes. Council Member Thomas requested the following changes: On Page 4, the paragraph where Council Member Thomas talked about Council Member Marty receiving information in the packet, add ", a copy could be provided if his was missing." On Page 27 add the words "chemically treated" to the fifth paragraph concerning the pond. Council Member Stigney indicated that the position title for Ms. Reed was not effective for the December 10, 2001 meeting and asked that her title be corrected throughout the document to be Assistant to the City Administrator. On Page 19 correct the spelling of "Fedor". Council Member Stigney commented that he did not feel that Council had voted on a tabling motion on Page 19. Council Member Thomas indicated that because of the split decision on the vote the City Attorney had recommended tabling the matter and Council voted on a tabling motion. Council Member Stigney indicated he did not agree because he had said the prevailing party should make a motion. • Council Member Thomas indicated that there were two versions of the same resolution and there was not a prevailing party so the City Attorney recommended a motion to table. • Mounds View City Council Special Meeting January 7, 2002 Page 23 Mayor Sonterre asked the City Administrator to review the tape to determine whether there was a tabling motion and subsequent vote. Council Member Marty requested the following change: On Page 14, center paragraph, change the word "cause" to "caused". Mayor Sonterre asked if the minutes could be approved pending determination on the tabling motion. City Attorney Riggs recommended tabling approval of the minutes pending the requested information. MOTION/SECOND: Quick/Thomas. To Table Approval of the December 10, 2001 City Council Meeting Minutes To Allow Staff to Review the Tape. Ayes - 5 Nays - 0 Motion carried. • Council recessed to the EDA meeting at 9:50 p.m. Council reconvened at 10:03 p.m. and moved to the closed session. Mayor Sonterre noted that Council would adjourn from the closed session. 12. CLOSED SESSION TO DISCUSS PENDING LITIGATION A. To Discuss ThreatenedlPotential Litigation B. To Discuss Private Personnel Data • Council recessed to the closed session at 10:03 p.m. 13. Next Council Work Session: Next Council Meeting: Monday, January 14, 2002 Monday, January 28, 2002 14. ADJOURNMENT Mayor Sonterre adjourned the meeting at p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.