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HomeMy WebLinkAboutMinutes - 2002/01/28PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 28, 2002 C~ Mounds View City Hall ~, I ~'~ 2401 Highway 10, Mounds View, MN 55112 7:05 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Mayor Sonterre, Quick (not present), Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, January 28, 2002 City Council Agenda. City Administrator Miller requested that authorization to attend out of state training be added under Council Business as 7F and a report on the status of the press release be added under Council Business as 7G. City Administrator Miller asked that approval of the February 8, 1999 Minutes be removed from the agenda as the Minutes were previously approved. Mayor Sonterre requested that appointments to the Planning Commission and the Police Civil Service Commission be added under Special Orders of Business. MOTION/SECOND: Thomas/Stigney. To Approve the January 28, 2002, City Council Agenda as amended. Ayes - 4 Nays - 0 Motion carried. 4. PUBLIC INPUT William Werner of 2765 Sherwood Road commented that the Charter Commission had been asked to review whether the Charter requires department heads to provide an in person report to Council once per quarter. He then commented that he felt the provision was added to the Charter during the 1980's as a way to provide for accountability during turbulent times for the City. He then asked when he could expect a response as to the interpretation of the Charter. City Administrator Miller indicated that the matter was on the agenda for the February work session. Mounds View City Council January 28, 2002 Regular Meeting Page 2 • Steven Berg of 2614 Louisa Avenue asked if he would be allowed to speak on the exercise equipment now or when it is heard on the agenda later in the meeting. Mayor Sonterre asked him to reserve comment until it is heard on the agenda. David Jahnke of 8428 Eastwood Road asked whether information concerning the press release would be provided during this meeting. Mayor Sonterre indicated that the press release had been added to the agenda as item 7G under Council Business. Mr. Jahnke indicated he had watched the work session and has reservations about the press release because he feels the City has important business to conduct rather than arguing and wasting time on it. Mayor Sonterre indicated Council would hear comments concerning the press release at that point in the agenda. Mr. Jahnke commented that the legislation concerning officers issuing speeding tickets does not . restrict the number of tickets that can be written. He then explained that the legislation was meant to eliminate quotas and does not mean officers cannot be told to go out and do their job, and part of that job is to write tickets. Mr. Jahnke expressed concern that an alarm went off during the work session and Council Members had made light of the situation. He then suggested that the City needed to determine why the alarm is sounding before a serious situation presents itself. He further commented, "an open mind is like an open window, but you put a screen on the open window." Mayor Sonterre noted that Council did make light of the alarm system that evening and then explained that the one function of the alarm goes off regularly for no apparent reason and does not have a bearing on the other fire features of the alarm system. Michelle Sandback of 2356 Sherwood Road handed informational packets to Council concerning the noise wall issue. She then reviewed the information with Council and noted the reason she had brought the issues up is she has questions regarding the noise priority study that was done and what the zoning classifications were for those sites and for those sites added subsequent to the initial noise priority study. She further commented that she feels the City needs to ask MNDOT these questions. Ms. Sandback indicated that in 1975 the Commissioner was authorized to extend 1 % from the . Minnesota motor vehicle gas tax and other federal aid into $10 or $12 million annually for noise abatement. She noted the previous federal aid was shifted to other areas and then indicated she would like to know what happened to the 1 %. i Mounds View City Council Regular Meeting C~ Mayor Sonterre thanked her for the information. January 28, 2002 Page 3 Council Member Marty noted that the City has not heard anything back from MNDOT concerning the noise wall. Public Works Director Lee indicated he had been reviewing the files and noted he would be contacting MNDOT for an update on the issue. Mayor Sonterre indicated that he had met with MNDOT representatives at City Hall in August after Mr. Ulrich had left and, due to the work of Ms. Sandback, the MNDOT representative acknowledged that the City was shorted on the soundwall by a particular amount. He indicated that MNDOT had agreed to send engineers out to see if they could build additional footage along Laporte and they were to report back to the City. He then indicated that the City needs to follow up to see how the engineering study is progressing. Council Member Thomas indicated she was involved with MNDOT on another issue and should be able to obtain information for the City on this issue. She then commented that she would provide information as soon as she is able to obtain it. 5. UNFINISHED BUSINESS None. 6. CONSENT AGENDA A. Just and Correct Claims B. Licenses for Approval C. Resolution 5683 Approving a Joint Powers Agreement Between the Mounds View Police Department and DPS for Predatory Offender Registration Database D. Resolution 5691 Amending Section 3.15 of the Personnel Manual E. Resolution 5692 Approving the City's January 2001 Pay Equity Report F. Resolution 5689 Authorizing the Acquisition of Tax Forfeited Parcel Previously Requested Withheld from Public Sale G. Resolution 5690 Accepting the Annual Financial Report for the Year Ending December 31, 2000 H. Resolution 5697 Authorizing the Mayor to Attend the National League of Cities Congressional Cities Conference in Washington D.C. I. Resolution 5698 Scheduling a Second Work Session in February J. Resolution 5693 Approving a Charitable Gambling Application for New Brighton/Mounds View Rotary K. L. Resolution 5694 Amending the 2002 Fee Schedule Resolution 5695 Hiring a Temporary Employee to Fill the Administrative Assistant Position Mounds View City Council January 28, 2002 Regular Meeting Page 4 M. Resolution 5696 Approving the Golf Course Manager Position Description N. Resolution 5687 Authorizing Staff to Seek Repayment of the Overpayment for the Fitness Equipment Council Member Stigney asked that the Consent Agenda be read. Council Member Stigney requested that Items 6A, H, and M be removed for discussion. Council Member Marty requested that Items 6D, I, and L be removed for discussion. Council Member Thomas requested that Item 6N be removed for discussion. Assistant City Administrator Reed requested that Item 6K be removed for discussion. MOTION/SECOND: Thomas/Sonterre. To Approve Consent Agenda Item 6A as presented. Council Member Stigney expressed concern that the Mayor's hotel bill for the training and conference in Atlanta was $1,021.93. He then commented that he did not feel that room service or laundry were items that the City should be paying for. He also indicated he had discussed the matter with City Administrator Miller and had been told the Mayor would be billed for the personal items. • Mayor Sonterre indicated that he had given an itemized bill to the Finance Director of his personal telephone calls and laundering fees. He further indicated that he has been billed $183.20 and will pay that amount. Council Member Stigney commented he felt it would have been cheaper to go downstairs to one of the restaurants in the hotel rather than ordering room service at taxpayer expense. Mayor Sonterre indicated he had gone to the restaurant in the hotel on the first night and found that the items on the menu in the restaurant were noticeably more expensive and went back to his room to order through room service. Council Member Stigney commented that there were other restaurants in the city the Mayor could have tried that would have been less expensive. He then commented that he would like to have a policy discussion concerning the use of room service at City sponsored conferences because, if there is no policy, people tend to take advantage. Council Member Stigney commented that the total bill for the Atlanta trip, after subtracting the Mayor's portion, was $1,546.23 and he feels that is excessive. Mayor Sonterre clarified that a portion of that amount was the Atlanta conference but said there were charges for other conferences as well. Mounds View City Council January 28, 2002 Regular Meeting Page 5 n • Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Thomas/Sonterre. To Approve Item 6D as presented. Council Member Marty read Resolution 5691 which would amend the City's Personnel Manual as it relates to the amount of insurance the City will pay for non-union employees. He then commented that the City is changing the policy from 80% to a fixed dollar amount of $451.00. Council Member Marty asked if the employees directly affected by this change had been notified and, if so, how they felt about the change. City Administrator Miller indicated that the change would affect all non-union employees which includes department directors and the City Administrator. Council Member Marty asked if the affected employees had approved the policy change. City Administrator Miller indicated that, while she had not polled employees, the matter was discussed and employees are aware that the City was moving toward a set dollar contribution rather than a percentage. Council Member Marty noted that some of the affected employees are not department heads. Assistant City Administrator Reed indicated there were approximately two affected employees who are not department heads. Council Member Marty said he thought there were two at public works and two at the golf course. Assistant City Administrator Reed indicated there was one employee in public works and one in finance. Council Member Marty asked if those employees were aware of the change. Council Member Thomas indicated the Human Resources Committee had been working on this issue for almost a year. Assistant City Administrator Reed indicated the Club House Manager was aware of the change and knows it impacts him. Tim Pittman, Public Works Foreman, noted he fell into the non-union non-department head category and was not aware of the proposed change until this evening. • Mounds View City Council January 28, 2002 Regular Meeting Page 6 City Administrator Miller indicated that it was the responsibility of the department directors to make sure information is passed on. She then noted that, if Mr. Pittman had a question concerning the change, he was welcome to stop into her office at any time. Assistant City Administrator Reed explained that 80% is $451.00 and noted that coverage was not changing at this point. Mr. Pittman commented that, if insurance rates change, the dollar amount will change and that is why 80% is a good deal for employees. He then commented that he feels there was a lack of communication because he was unaware of it until tonight's meeting. Mayor Sonterre noted that, without a department head in public works, some things may have fallen through the cracks. City Administrator Miller explained there would not be an immediate change in coverage and explained that the City needed to set a fixed dollar amount that it was willing to pay because the costs of insurance are staggering and continuing to climb. She then noted that almost all other cities are moving away from a percentage formula for insurance. Mr. Pittman commented that he was in the acting directors position for a while and had been attending Staff meetings but was never made aware of the proposed change to insurance. He then commented that 80% was a nice benefit to employees and the City is taking something away. Tim Fredberg from the street department indicated that there are a lot of issues within the City that are affecting employee morale. He then commented that the City has lost a lot of experienced people and is poised to lose more valuable experience if it keeps treating its employees in such a manner. He further commented that Council needed to keep in mind that the employees run the City. Council Member Thomas indicated that the City was aware when it started discussing this change it would not be the popular opinion. She then asked those employees in attendance to turn around and explain to the residents in attendance at the meeting why, with revenue dropping and taxes rising, the employees feel it is fair to ask residents to pay in a manner different than any surrounding citiy. She further explained that the City is not doing anything different than the rest of the business world when it comes to health insurance. She concluded her comments by saying that insurance rates are rising at such a high rate that the City is not able to budget for it. Mr. Pittman stated that the public works group is a group of guys that bend backwards to save the City money and, in return, they are questioned on everything and are constantly criticized. • Council Member Thomas indicated that she, as well as the rest of the City, appreciates the efforts of the public works Staff. Mounds View City Council January 28, 2002 Regular Meeting Page 7 • David Jahnke of 8428 Eastwood Road indicated he sympathized with the employees but explained he used to work for Sysco that employs over 800 people and the company started taking health insurance out of employees' checks. He then commented that nobody wants to lose a benefit but it is happening in all positions in all companies. He further commented that insurance rates are ridiculously high. Mayor Sonterre indicated that the dollar amount would be set by Resolution and, if the change to health insurance in the coming year is exorbitant, Council could change the dollar amount by Resolution. He then commented that Council will be as fair as it can but noted the 80/20 split was binding and provided no ability for budgeting. Gary Kardell from public works commented that he feels this City is different from other cities because it is a very small group. He then commented that there have been no middle of the night sewer emergencies and overtime has been kept to a minimum which points to an excellent group of employees doing a good job for the City. He further commented that public works is always attempting to keep costs down. Mr. Cardell indicated that they had gotten out of the union because they wanted to be able to work more upfront with Council on employment issues but said, if necessary, he would be willing to get back in the union. • Council Member Thomas stated no one ever questions the work or amount of dollars saved by the public works staff. She then explained that the City needs to be able to forecast the insurance expense and cannot do that with a percentage. She further commented that the per capita tax amount for this City is quite a bit higher than any other city this size. Council Member Marty commented that there appears to be things going on that are leading to the loss of experienced Staff within the City. He commented the City has lost all of the department heads and more employees. He commented that he is concerned with the lack of communication that has been brought up tonight because there have been limits and restrictions put on communication. He then commented that, if one department does not know something, then Council may not know, and citizens may not know which is of concern to him. He further commented that, in speaking with the public works staff, he has found they are always working together to get the job done regardless of whose job it is. He ended his comment by stating that he feels the issues raised should be looked into before anything gets any farther out of hand. William Werner commented that the topic of communication is interesting because that is exactly what the provision in the charter that requires department heads to provide a report quarterly is intended to take care of. He then commented, "I do not know why you insist on not following the charter." Mayor Sonterre asked that all subsequent debate be directly related to the Resolution that is under consideration. Mounds View City Council January 28, 2002 Regular Meeting Page 8 • Ms. Sandback asked if the flat rate was comparable to what the union employees receive. City Administrator Miller indicated the union employees rate is comparable to the proposal for the non-union employees. Council Member Stigney indicated one of the City employees had called him to discuss some issues and concerns and he had asked that the matter be added to the retreat agenda in February. Ayes - 3 Nays - 1(Marty) Motion carried. MOTION/SECOND: Stigney/Marty. To Deny Item 6H as Presented. Council Member Stigney commented that he did not feel it was appropriate that the Mayor had asked to expend monies for an out of town convention when the City is concerned with expenditures and cutting health insurance benefits for its employees. Naja Werner agreed with Council Member Stigney's comment and said she feels the City should be "tightening its belt" as everyone else is doing. She then commented that the City may have a "lame duck" Mayor in light of all the negative publicity. She further commented that there are wonderful educational opportunities in the twin cities and the Mayor should explore those • options. Council Member Marty said he was surprised that the Mayor had requested authorization for this trip in light of the financial outlook for the City with the potential for more state aid cuts. He commented that the money budgeted for the convention does not need to be spent just because it is in the budget. He then commented that he does not think any Mayor or Council Member within the last 10 years has incurred as many bills as the present Mayor. He further commented that the Mayor spent $3,349.671ast year on two out of state conventions and he feels that is totally out of line. Mayor Sonterre explained that the basis for his request is that this has been an expenditure for as far back as the City has been a member of the organization and noted in previous years the City has sent two representatives to this convention. He commented that he serves a representative to the National League of Cities on crime prevention and this meeting is one of two mandatory meetings and there are four others that he does not attend because of the cost and a lack of benefit to the City. He then commented that, unless you have been to one of these events and gone through the training and informational seminars included in the registration fee, you would not be in a position to discuss the benefits. Council Member Thomas commented that there is a difference between what we need and what is nice and even though she feels there is a benefit to attending the conventions the timing is not right in light of the possibility of the loss of more funding sources. Mounds View City Council January 28, 2002 Regular Meeting Page 9 Council Member Stigney commented he did not feel it was appropriate that one individual would be using well over 3/Sths of the training budget. He then commented that, as a taxpayer and a Council Member, he feels the City needs to concentrate on saving money to plan for the possibility of more reductions in state aid rather than spending money like it is "being made in the basement." Ms. Werner referred to an article from the StarTribune that ranked Mounds View as number 12 out of 109 cities for highest taxes paid on a home valued at $130,000. She then commented that the taxpayers of the City should be very concerned about that. Ayes - 4 Nays- 0 Motion carried. Resolution 5698 Scheduling a Second Work Session in February. Council Member Marty inquired as to why he was not informed of the potential of a second work session in February prior to receiving the information in his packet. He then indicated that he has to bid his work schedule for the coming month by the 18th of the month. City Administrator Miller noted the possibility of scheduling a second work session in February was discussed at the work session on January 22, 2002 because there are already 15 items on the • work session agenda for February. She then commented that Staff feels it would be more appropriate to have two work sessions rather than one marathon meeting and, because the off Monday falls on a holiday, the work session was scheduled for Tuesday. Council Member Stigney commented that it would be nice if all Council Members could be at the meeting and asked if the date could be changed to accommodate schedules. It was the consent of Council to consult calendars to determine if Thursday, February 21, 2002 would work for all Council Members. Council member Marty noted that Council Member Quick had asked at the work session that Staff contact him to determine his availability for the second work session. He then noted he had yet to be contacted by Staff to discuss his availability. City Administrator Miller indicated that Council Member Marty was not contacted because the matter was placed on Council's agenda for consideration. She then commented that the meeting would have been scheduled for the off Monday if it had not been a holiday. Mayor Sonterre suggested changing the Resolution to indicate that, pending the approval of Council Member Marty's and Council Member Quick's schedules the second work session would be scheduled for February 21, 2002. He then suggested that, if the 21 S` does not work for • the Council Members then the meeting would be held as previously scheduled on February 19, 2002. Mounds View City Council January 28, 2002 Regular Meeting Page 10 MOTION/SECOND: Stigney/Marty. To Approve Item 6I, Resolution 5698 as Amended. Ayes - 4 Nays - 0 Motion carried. K. Resolution 5694, Amending the 2002 Fee Schedule. Community Development Director Ericson explained that it was brought to his attention that the fee schedule did not accurately reflect the park dedication fees and, since that change needed to be made, the fee to move buildings was adjusted as well. MOTION/SECOND: Thomas/Marty. To Approve Item 6K, Resolution 5694, Amending 2002 Fee Schedule. Ayes - 4 Nays - 0 Motion carried. K. Resolution 5695, Hiring a Temporary Employee to Fill the Administrative Assistant Position Council Member Marty suggested having Marge Norquist fill the Administrative Assistant position until the position can be filled because she is already employed by the City and has . recently been cut back to part time. Assistant City Administrator Reed noted that Ms. Norquist has a different skill set because she works in the finance department than would be required for the Administrative Assistant position. City Administrator Miller clarified that the position held by Ms. Norquist has always been a part time position and was never cut back. Council Member Marty indicated that Marge has covered for Joan at the front counter and has answered phones on numerous occasions and suggested using Marge for the activities she has handled in the past and hiring a temporary assistant for any specific duties. Council Member Thomas indicated that this position is the only administrative support position for the support and preparation for meetings and documentation. She then commented that it would not be fair to Marge to ask her to take on this position because there would not be enough time in the day for her to complete her tasks and those of the administrative assistant position. Council Member Marty indicated he felt it would be helpful to fill the position with someone who has been with the City and knows how the City works rather than a temporary that would need to be trained. U Mounds View City Council January 28, 2002 Regular Meeting Page 11 Council Member Thomas indicated that Marge's skill set is an educated one and hiring her to fill the administrative assistant position would cost the City more than it would to hire a temporary person. MOTION/SECOND: Thomas/Stigney. To Approve Item 6L, Resolution 5695 Hiring a Temporary Employee to Fill the Administrative Assistant Position. Ayes - 3 Nays - 1 (Marty) Motion carried. M. Resolution 5696, Approving the Golf Course Manager Position Council Member Stigney suggested the wording on the second page under operational responsibilities be changed to state that the manager will perform maintenance duties as necessary. He pointed out a typographical error in the sixth bullet item and then suggested that language be added to require that the manager maintain records on grounds maintenance including the fertilization schedule and application rates. Mayor Sonterre suggested having Staff create a document that the manager would use to document the course maintenance for Council approval. Council Member Stigney suggested that the language under physical demands be changed to . reflect that the manager would regularly be exposed to mechanical parts and then said he is not sure if moderately quiet accurately reflects the noise of the equipment this person would be using. MOTION/SECOND: Stigney/Thomas. To Approve Item 6M, Resolution 5696, as Amended, to Approve the Golf Course Manager's Position Description. Ayes - 4 Nays - 0 Motion carried. N. Resolution 5687, Authorizing Staff to Seek Repayment of the Overpayment for the Fitness Equipment. MOTION/SECOND: Thomas/Mayor Sonterre. To Approve Item 6N, Resolution 5687, Authorizing Staff to Seek Repayment of the Overpayment for the Fitness Equipment. Council Member Stigney asked that Resolution 5687 be read. City Administrator Miller read Resolution 5687. Steven Berg of 2614 Louisa Avenue commented that he did not feel the Mayor's comments of no • involvement in the process were accurate because he was on the Park and Recreation Committee that approved the purchase and then he used the City's money to establish a credit line. Mounds View City Council Regular Meeting January 28, 2002 Page 12 Mayor Sonterre said that is an inaccuracy. Mr. Berg indicated that if the Mayor was not involved previously, he is now because he will be involved in the vote on the issue. He then asked what happened to the $191.10 in sales tax and who paid that. City Administrator Miller indicated that sales tax was not figured into the costs because the City did not pay sales tax on the purchase. Mayor Sonterre explained that the former finance director had mistakenly informed him that the purchase was tax exempt because it was being made through the YMCA. Mayor Sonterre clarified that the City was never charged for the sales tax. Mr. Berg commented that the statement of the Mayor in the letter to the City Administrator claiming that, had he known the purchase was illegal, he would have withdrawn the offer to Park and Recreation and the savings would not have occurred. He then commented that, in light of the amount of money spent in attorney's fees, there has been no savings to the City. He then asked why the taxpayers are paying to defend the Mayor's personal business. • Mayor Sonterre commented that, if the former finance director followed state statute, none of this would have happened. City Administrator Miller explained that the City Attorney was involved because the City received a request to investigate. She further explained that the City Attorney represents the City, not Mayor Sonterre or TSS. Mr. Berg stated that, if the Mayor had not been involved in this matter, the City Attorney would not have to defend the City. City Attorney Riggs commented that, had the City followed proper procedures in six or seven different incidents this would not have taken place and Council had asked that it be reviewed. Council Member Thomas asked if there had been a need for prosecution who would have been liable. City Attorney Riggs indicated that City Staff and Council would be responsible. Council Member Thomas commented that it is frustrating to think she could have been held liable for what happened because she currently sits on Council. She commented that there are approximately 17 other issues of a similar nature that the City is working to clear up. She then commented that it is frustrating to be blamed for something that Council did not know was wrong. Mounds View City Council January 28, 2002 Regular Meeting Page 13 Mr. Berg suggested that Council Member Thomas could resign if she did not like her job and did not want to listen to residents. Council Member Thomas indicated she would listen to Mr. Berg as long as he needed to speak. Council Member Marry indicated he had requested copies of the just and correct claims for June of 2000 for the exercise equipment. He commented that he looks at the claims and Council Member Stigney reviews the claims and, if the fitness equipment was on the just and correct claims, Council should have been aware of it and ultimately approved it by approving the Consent Agenda. He then commented he is still waiting for the requested information. City Administrator Miller indicated she had received a voice mail from Council Member Marty that she understood to be a data practices request. She then commented that, if it was not a data practices request, the information could be provided tomorrow. Mr. Jahnke commented that none of the speakers have ever said where the fault laid. He then commented that the YMCA is responsible for accepting something other than what was ordered. He further commented that enough time and money had been wasted on the issue and said it was time to move on. Council Member Thomas commented that all Council Members have the responsibility to review the just and correct claims and the City needs to fix the problem. Council Member Marty commented that, if Council approved it on the just and correct claims, the City ultimately did approve the purchase. Mayor Sonterre commented that City Attorney Riggs had said that, if Council approved the purchase and it was statutorily improper, then the City would be liable. Wendy Marty of 2626 Louisa Avenue commented that, if the Mayor had taken ownership from the beginning rather than denying any wrongdoing and badmouthing her about awitch-hunt there would not be any attorney's fees involved. She then commented she thinks the Mayor should pay the attorney's fees. Ms. Marty questioned whether the Mayor should be asked to pay interest from June 15, 2000 to December 7, 2000 on the $4,120.00 which would be $219.77 and on the $703.33 from December 7, 2000 to January 14, 2002 which would be approximately $77.00 for a total of $300.00 owed to the City. Council Member Thomas clarified that the entire City Council was responsible and stated she did not think it was appropriate to travel down that path any farther. Council Member Stigney commented that he felt this matter should have been resolved a long time ago and could have been if someone would have admitted to getting caught with his hand in Mounds View City Council January 28, 2002 Regular Meeting Page 14 the cookie jar. He then commented he did not think it was necessary to have the City ask for repayment by Resolution. City Attorney Riggs indicated he had asked that the City request repayment by Resolution to provide a way to track the matter. Council Member Stigney clarified that the equipment ordered is what was received but the City paid for other than what was ordered. He then commented that there has been a lot of time, aggravation and money spent on this matter causing a big black mark on the City and he feels it is time to move on. Mayor Sonterre stated he disagrees with everything Council Member Stigney said and indicated he had a dated copy of a fax order that indicates the equipment ordered which was what was requested. He then commented that he never stocked or sold the equipment and had simply made the opportunity available to the City by providing a catalog. He further commented that the catalog did have 800 numbers available to contact for further information on the equipment and said, if Staff did not investigate, other than looking in the catalog, that is where the fault lies. Council Member Stigney commented the invoice that Mayor Sonterre had given the City reflected entirely different equipment than was received at the Community Center. Mayor Sonterre said he disagreed. Council Member Marty indicated the Mayor had also stated that he did not sell the equipment and knew nothing about the equipment but on the tape of the Park and Recreation meeting from February of that year Terry Blatenbauer was talking about the equipment and she stated that she had been into the store and the Mayor did have one of the pieces of the equipment in the store. He stated the broad statements that the Mayor keeps passing out do not seem to add up. He then indicated that the equipment was all for in home use and asked for a report on the usage and how the equipment is holding up. City Administrator Miller indicated she did not have that report with her this evening but noted she would talk with the Public Works Director and get it to the City Council as soon as possible. She also noted that, according to that documentation, it appears that the equipment is in good shape and she will put information in the packet for the work session or the informational packet. Council Member Marty indicated he had looked at the log book and the equipment is used about four (4) hours a day and it is designed for thirty (30) minutes to one (1) hour per day. He also noted he had been told the equipment had broken down and been repaired. He then stated he does not know why the Mayor keeps double talking and said that, if somebody had stepped up to the plate and accepted responsibility, this would not have cost the City so much in attorney's • fees. He further stated he does not understand why this matter had to be drug out to the 12`" hour and finished by Resolution. Mounds View City Council January 28, 2002 Regular Meeting Page 15 • Mayor Sonterre said he agreed it was time to move on from this point. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Thomas/Stigney. To Approve Consent Agenda Items 6B, C, E, F, G, and J as Presented. Ayes - 4 Nays - 0 Motion carried. 7. COUNCIL BUSINESS A. Public Hearing and Consideration of Resolution 5688, a Resolution Approving a Conditional Use Permit and Development Review for the Edgewood Middle School Facility Expansion. Mayor Sonterre opened the public hearing at 8:53 p.m. Planner Atkinson explained that Independent School District 621 had requested approval of a conditional use permit and development review to add approximately 15,000 square feet to the buildings. He then indicated that the issue of events parking was raised at the Planning Commission meeting and Staff recommends the City enforce its parking code on the west side of • Edgewood to make sure the no parking zone is not used for parking. Planner Atkinson indicated Council had discussed limiting parking on the street during the school day. He then noted that this matter had been tabled by Rice Creek with an authorization for administrative approval. John Gannon of ATS&R Architects indicated his firm had been hired to assist with the remodeling of several schools in the Mounds View School District. He then provided a brief overview of the proposed changes to the school. Council Member Thomas asked if the 20 parking stalls located on the east side of the building to create the bus only lane would be lost. Mr. Gannon explained that the area is a bus only lane when the buses are lining up and parking is allowed at all other times. Mayor Sonterre asked if it would be possible to provide access to the school for events on the east side of the building near the media center in the hopes that the southeast parking Iot would be utilized for parking. Penny Howard, Edgewood Middle School Principal, indicated the School could explore that option. Mounds View City Council January 28, 2002 Regular Meeting Page 16 • Mayor Sonterre pointed out there was not a pedestrian crossing marking where the new curb cut is. He also suggested adding a painted pavement rise, or speed bump, just prior to the stop sign at the pathway crossing to prevent vehicles from rolling through the crossing. Mr. Gannon indicated the crosswalk would be marked and indicated he would pursue the option of the speed bump with the school district. Council Member Stigney asked if the Public Works Director's comments had been incorporated into the plans. Mr. Lee indicated his comments were minor and should be able to be included. Council Member Marty expressed concern for the reduction in parking and asked if the east parking lot is marked for parking. Ms. Howard indicated the east parking lot is utilized. Council Member Marty asked if it would be possible to expand to make up for the loss of parking. Mr. Gannon indicated that the portable classroom on the south end will be removed and may • make room for additional parking. Mayor Sonterre indicated the site would not allow for expansion of the parking lot. He then commented that a commitment from the school to utilize the east parking lot would help a lot. Council Member Marty indicated the City was dealing with Pinewood Elementary on some mold issues because of problems with the roof. He then asked how many additions had been made to the roof at Edgewood Middle School. Mr. Gannon indicated the school was built in 1957 and the pool addition added in 1966. He then indicated the school district has ongoing issues with reproofing and repairs and the superintendent of buildings and grounds has pointed out delicate areas of the roof and those areas fall into areas where it is likely that correction and addition work will be done. Council Member Marty indicated he would like to be as proactive as possible to make sure that they stay ahead of the game instead of getting into a mold issue at Edgewood. He then asked if an air quality report had been done. Mr. Gannon explained that the school would be receiving a new HVAC system and noted that was one of the main items on the referendum. • Council Member Marty asked if the duct work was lined or galvanized. Mounds View City Council January 28, 2002 Regular Meeting Page 17 • David Calser of Stahl Construction indicated that a lot of the roofing problems at Pinewood were caused because of construction activity on the roof. He then explained that there would not be any need for construction activity on the roof in this case because the new mechanicals would be placed on the new roof sections rather than the existing roof. Council Member Marty asked if an air quality study had been done. Mr. Calser indicated he thought an air quality study had been done as well as a roof report. He then noted that, since the roof report was done almost five years ago Stahl Construction would be doing a roof report. Council Member Marty asked if the duct work would be checked when the new HVAC system is installed. Mr. Calser indicated the school would be receiving all new duct work and noted the school would have a state of the art HVAC system when completed. Council Member Marty indicated that public works had brought up the water supply issue and a problem with the water at the school recently. Mr. Lee indicated the school only has one gate valve to the south of its service access and, by • adding one to the north, it would be possible to isolate the service and make it more reliable in case of a water main break. He then indicated there is also the possibility of looping the system which is more costly. Council Member Marty noted the looping report seemed to be the best alternative but is more costly. He then asked if Mr. Lee felt that having another gate valve added would suffice at this time. Mr. Lee agreed that it would be more cost advantageous to the school district to add a gate valve rather than adding water mains to the site. Council Member Marty commended Mr. Lee for looking into this so that no problems would occur in the furture. Mayor Sonterre closed the public hearing at 9:18 p.m. MOTION/SECOND: Thomas/Marty. To Waive the Reading and Approve Resolution 5688, a Resolution Approving the Conditional Use Permit and Development Review for the Edgewood Middle School Facility Expansion. Ayes - 4 Nays - 0 Motion carried. B. Second Reading and Adoption of Ordinance 691, Amending Chapter 502 (Intoxicating Liquor) and Chapter 503 (3.2 Percent Beer) of the Mounds View Municipal Code as They Relate to Charitable Gambling. Mounds View City Council January 28, 2002 Regular Meeting Page 18 • Assistant City Administrator Reed explained this item was before Council at the December 3, 2001 work session and Staff was asked to amend the Ordinance to allow other Mounds View Organizations to conduct charitable gambling in the City and create a 10% fund. She then explained that several issues had been raised by the Lions and she had attempted to answer those questions. Assistant City Administrator Reed explained that the organizations are required to fill out a form to send to the state listing profits from each site. She then explained that the City is not able to restrict organizations to spending the majority of profits in the City. Assistant City Administrator Reed explained the 3% in the Roseville ordinance is used for regulating the organizations. Bob Wharton of 7462 Spring Lake Road explained that the reporting mentioned by Staff is for gross income minus prizes and expenses to establish net income from that site. He then explained that after that is where the big bucks come into play. He further commented that combined profit is not shown for the entire organization on that form it is only income from that site after expenses. Mr. Wharton indicated the Lions were not opposed to the 75% as they already meet that • requirement but would prefer that the 10% and 3% be eliminated. He also commented that he agreed with Council Member Thomas' comment when she asked why the City would want to get into administrating this. He then asked Acting Chief Brennan if there have been any instances where law enforcement has been necessary to administrate the gambling or investigate the operations. Acting Chief Brennan indicated that the Police Department conducts background investigations as part of the licensing requirements but stated he was not aware of any investigations necessary. Mayor Sonterre explained the 3% tax can only be collected if it is necessary to cover the costs to regulate costs. He then asked what the process would be to return the overage if it is not used for regulating the organizations. Assistant City Administrator Reed suggested exploring whether or not Council could designate the overage to be used for a specific purpose within the City, such as the Community Center. Gretchen Wallbridge of 8072 Long Lake Road addressed Council and indicated she would become the gambling manager on February 1, 2002 and explained that the 3% needs to be used for law enforcement. Assistant City Administrator Reed indicated that changing the ordinance may open the market up to other organizations and there may be a higher demand for investigating applications. s • Mounds View City Council Regular Meeting January 28, 2002 Page 19 Council Member Thomas indicated Council is not allowing anyone to come in and she is not interested in bringing in other organizations. Ms. Wallbridge commented that the 75% requirement should prevent other organizations from coming to the City. Council Member Thomas indicated she does not think the City needs to take Staff time to do the distributions and she does not think the City should collect the 3%. Dr. Greg Belting from the Chamber of Commerce indicated that the Chamber supports the adoption of the amended ordinance. He then indicated that the Chamber puts its money into the New Brighton and Mounds View area and is not concerned with the 75% requirement. Council Member Marty noted the ordinance requires monthly reporting and asked if quarterly reporting would be easier for the organizations. Mr. Wharton indicated that he has to report to the state monthly and would just make an extra copy for the City. He then asked Council to keep in mind that the 75% contribution would be cumulative and may not occur every month. Dr. Belting indicated that the gambling organizations are in tune for a monthly reporting and it would actually be more difficult to change to a quarterly reporting for the City. Council Member Thomas indicated she would like to approve the ordinance without the 10% fund or the 3 % tax. MOTION/SECOND: Thomas/Marty. To Amend the Ordinance to Remove the 10% Fund and the 3 % Tax. Ayes - 4 Nays - 0 Motion carried. • MOTION/SECOND: Marty/Thomas. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 691, Amending Chapter 502 (Intoxicating Liquor) and Chapter 503 (3.2 Percent Beer) of the Mounds View Municipal Code as They Relate to Charitable Gambling. Council Member Stigney indicated he did not feel the Ordinance was in need of change and the City is opening itself up by changing the Ordinance. Council Member Thomas indicated the Ordinance does not open anything up it simply requires where the money is to be used. Council Member Stigney indicated the City has no real control of distribution in the City. Mounds View City Council January 28, 2002 Regular Meeting Page 20 Council Member Marty agreed that the Chamber of Commerce would be contributing to the Mounds View/New Brighton area not just the City. He then commented he is concerned that the Ordinance would be weakened and noted Council would need to be vigilant in granting approvals or changes in charitable gambling establishments. Council Member Thomas indicated that this change gives the City more control over where the money is spent. Council Member Stigney indicated that the Chamber could distribute its funds in New Brighton and not be in violation of the Ordinance which means the City really has no control. Council Member Thomas indicated the City has the authority to issue the license and that has nothing to do with whether the organizations are following the Ordinance or not. Council Member Stigney asked City Attorney Riggs if a license could be withheld because the City does not like how funds are distributed. City Attorney Riggs indicated the City has ultimate control of licensing. He indicated it was not arbitrary but Council could always change the Ordinance back to what it was. Dr. Belting indicated that there is a contract that is renewed every two years that is approved by • Council. Council Member Stigney indicated the contract cannot say how much the organization will spend in the City. Dr. Belting indicated that the Chamber supports the school district and, in particular, Irondale High School which is in New Brighton but all Mounds View residents children attend that school. He then commented that they want to do this for the community and that is why he has waited at this meeting for three hours this evening. Council Member Marty commented that the Lions are not jumping up and down about the possibility of losing income but representatives of the Lions have indicated to him that they have no problem with the Chamber of Commerce. ROLL CALL: Quick (not present), Thomas, Stigney, Marty, Sonterre. Ayes - 3 Nays -1(Stigney) Motion carried. C. Second Reading and Adoption of Ordinance 689 Revising Chapter 512 of the Tobacco Ordinance. • Acting Chief Brennan reviewed with Council the changes that were made as discussed at the work session. Mounds View City Council Regular Meeting • January 28, 2002 Page 21 MOTION/SECOND: Thomas/Sonterre. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 689, Revising Chapter 512 of the Tobacco Ordinance. Council Member Marty suggested a friendly amendment under suspension and revocation to change the Ordinance back to the previous violations. Council Member Thomas indicated she was not interested in reverting to the original language. Mayor Sonterre indicated that Council had gone backwards from where it started and he does not want to change the existing language. Council Member Marty thanked those that attended the work session to discuss this matter. Roll Call; Stigney, Thomas, Quick (not present), Marty, Sonterre. Ayes - 4 Nays - 0 Motion carried. C. Consideration of Resolution 5650, a Resolution Approving a Final Plat for Gustafson's Fifth Addition Major Subdivision. Planning Case No. MA01- 003. • Planner Atkinson indicated that Mr. Zinser, representing Ernie Gustafson, is seeking approval of the final plat for Gustafson's Fifth Addition. He then noted the park dedication fees are to be paid prior to recording with Ramsey County. Mr. Lee indicated he has some concerns in regards to the utilities and noted he would discuss those with the developer. MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5650, a Resolution Approving a Final Plat for Gustafson's Fifth Addition Major Subdivision. Mr. Jahnke apologized for his remark about the YMCA and said he had wrong information when he made it. Ayes - 4 Nays - 0 Motion carried. E. Second Reading and Adoption of Ordinance 683, an Ordinance Rezoning Certain Property Located at 2525 County Road I from R-1, Single Family Residential to R-2, Single and Two Family Residential; Planning Case No. ZCO1-001. Planner Atkinson indicated that this Ordinance would rezone the property to allow for the major subdivision. Mounds View City Council January 28, 2002 Regular Meeting Page 22 • MOTION/SECOND: Stigney/Marty. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 683, an Ordinance Rezoning Certain Property Located at 2525 County Road I from R-1, Single Family Residential to R-2, Single and Two Family Residential. Roll Call: Thomas, Quick (not present), Marty, Stigney, Sonterre. Ayes - 4 Nays - 0 Motion carried. F. Authorization for Out of State Training -Police Department • Acting Chief Brennan explained that the City had applied for and received a juvenile accountability incentive block grant. He explained the City originally was denied the grant but had been granted a grant of $7,000 and an additional grant of $6,000. He then explained that there are training opportunities available on February 7, and 8, 2002 in New York and noted all expenses including wages would be covered under the grant. Council Member Marty asked what type of training would be received. Acting Chief Brennan indicated it was restorative justice training which gives an opportunity for the offender to sit with the victim of the crime and/or relatives to discuss how the crime impacted the victim and the victim's family. He then explained that the training is receiving positive results world-wide. MOTION/SECOND: Thomas/Stigney, To Waive the Reading and Approve Resolution 5701, Authorizing Out of State Training for the Police Department. Mayor Sonterre congratulated the Police Department on receiving the grants and asked who wrote them. Acting Chief Brennan indicated that Officer Nelson wrote the initial grant that was denied and he had written the subsequent grant that was approved. Ayes - 4 Nays - 0 Motion carried. It was the consent of Council to continue the meeting to 10:20 p.m. G. Status of Press Release • City Administrator Miller indicated she had reviewed the press release as requested by Council at the last work session and, after discussion with some Council Members, has decided to recommend that the City not issue a press release at this time. Council Member Marty agreed with the City Administrator's recommendation. Mounds View City Council January 28, 2002 Regular Meeting Page 23 • Council Member Thomas indicated that, since the City is past the point of timeliness, she agrees that no press release is needed. 8. SPECIAL ORDER OF BUSINESS Mayor Sonterre indicated that there are three positions available on the Planning Commission and then recommended Liz Song be appointed to fill one of those three positions. He also asked anyone interested in serving on the Planning and Zoning Commission to contact the City to obtain an application. MOTION/SECOND: Sonterre/Thomas. To Appoint Liz Song to the Planning and Zoning Commission. Ayes - 4 Nays - 0 Motion carried. Mayor Sonterre indicated that Eric Miller who presently serves on the Police Civil Service Commission is interested in being reappointed. He then commented that even though Mr. Miller is not a resident of Mounds View, he is actively involved in the community because he works for the school district. • MOTION/SECOND: Sonterre/Thomas. To Re-Appoint Eric Miller to the Police Civil Service Commission. Council Member Marty expressed concern with appointing Mr. Miller because he is not a resident of Mounds View and his business office is not in Mounds View. Mayor Sonterre indicated that previous Council had provided a special condition because Mr. Miller works as a member of Mounds View Public Schools. Council Member Thomas indicated she had reviewed the other applications and feels it would be beneficial to have Mr. Miller on the Police Civil Service Commission because he works for the school district. Council Member Stigney indicated he felt it was great that Mr. Miller was interested in volunteering and thanked him for serving. He then said the function of the Police Civil Service Commission is a bit different and there are candidates that live in Mounds View and have a lot of police background qualifications. City Attorney Riggs indicated there may be a problem with the appointment because the statute requires the appointees live in the City. He then indicated he would review the matter and report back to Council. Mounds View City Council January 28, 2002 Regular Meeting Page 24 Council Member Marty raised what he feels is another issue concerning the Police Civil Service and that is the fact that Council Member Quick's spouse services on the Commission. He commented that he sees this as a possible conflict of interest that may also pose an ethical question. He then asked the City Attorney to look into whether it is appropriate to have spouses of Council Members serving on Commissions and Committees within the City. Mayor Sonterre noted that the term of the person being discussed was not presently up and suggested that the City Attorney review the matter and provide a report. He then indicated that he had reviewed information from the League of Minnesota Cities and had not seen anything that would prevent the spouse of a Council Member from serving on Commissions or Committees within the City. Council Member Marty commented that due to what came up he was not sure if it was a personality conflict or what it was. Mayor Sonterre asked that since the matter was not part of the agenda the matter be set for discussion at the work session in February. MOTION/SECOND: Thomas/Marty. To Table This Matter for Further Information. Ayes - 4 Nays - 0 Motion carried. • 9. REPORTS Assistant City Administrator Reed reported that Mr. Hess had asked her to ask Council whether Members wished to continue receiving packets via a-mail. Council Member Thomas indicated she would like to receive the packet via e-mail. Council. Member Stigney indicated he did not need the original packet by a-mail but asked that any changes be sent by e-mail. Mayor Sonterre indicated he would like to receive the packet via e-mail. Council Member Marty indicated he would like to continue getting the hard copy and would let Staff know if he wants to receive the packet via e-mail. Acting Chief Brennan reviewed his Staff report with Council and pointed out that the Police Department had saved the budgeted $14,000 plus the $4,000 carried over from the previous year that was to be used to remodel the front counter area to make it updated and EDA compliant by determining that no EDA changes were necessary and asking the Public Works Staff to install a new counter. He also pointed out that the Police Department had budgeted $15,000 for two separate security proposals for the Police Department and he had determined that the current lock and key system is working just fine and not expended the funds. Mounds View City Council January 28, 2002 Regular Meeting Page 25 r~ Acting Chief Brennan indicated the Police Department has applied and received grant funds for the purchase of night vision surveillance equipment. He also indicated that training would be provided as a part of that grant. Acting Chief Brennan indicated the Police Department is also pursuing a federal grant that would allow for a maximum of a 50% reimbursement for body armor for the Police Department and that grant, combined with state funding, could replace all the body armor at no cost to the City which would save in excess of $10,000. He then commented that the Police Department had been informed that due to the small size of the department, it is highly likely the grant will be approved. Acting Chief Brennan indicated that, acting on information received from the Mayor, the Police Department is looking into applying for grants to fund community policing. Acting Chief Brennan provided information to Council concerning the Police Departments policy and the state requirements for sex offender notification. He then indicated that since 1996, when classification went into effect, the City does not have any registered level three offenders, has just one level two offender and has a total of 15 registered offenders living in the City. He also commented that prior to 1996 the state was not assigning risk levels so the City is unaware of the status of the remaining offenders. • Actin Chief Brennan indicated that an resident who was interested could check for level three g Y offenders by logging onto the BCA's website and encouraged them to continue to monitor the situation as it progressed.. Mayor Sonterre clarified that the Police Department had done all it could do by law with regard to notification concerning the level two offender who recently moved into the Community. He then indicated that schools, churches and daycares were notified. Council Member Stigney questioned if, the offender was a child predator, would the neighborhood be notified. Acting Chief Brennan indicated the Police Department would notify the neighborhood if the details of the crime warranted it. Council Member Stigney asked if, without identifying an individual specifically, the neighborhood he/she resides in could be identified. Acting Chief Brennan indicated that the location of sex offenders can only be announced for level three offenders. Council Member Stigney asked that the sex offender information be posted on the City's website. Mounds View City Council Regular Meeting • January 28, 2002 Page 26 Council Member Marty thanked the Public Works Staff for saving the City $17,950.00 Council Member Thomas reported that both she and Council Member Marty attended the community meeting at Pinewood Elementary concerning the roofing issues and is pleased to report that the school district has agreed to put a new roof on the entire school minus the section that was replaced last summer. She then thanked residents and parents for getting involved to resolve the matter. Mayor Sonterre indicated he had attended the Ramsey County League of Local Government meeting where the governor's plan to fix the budget was discussed. He noted that the governor proposes to recoup 30% of the $1.9 billion dollar budget shortfall from aid to cities. He then asked residents to contact their senator and representative to let them know it is not fair to take that much funding away from cities. City Administrator Miller indicated that, based on the governor's proposed budget, the City of Mounds View would lose an additional $68,000 in funding this year and another $140,000 next year in state aid. She then indicated she would pass on to Council information received at that meeting. Council Member Marty asked if City Attorney Riggs had prepared a report on whether he had • violated the City's Charter by doing an investigation into the fitness equipment. Council Member Marty pointed out that Council Member Quick was doing his own investigation into the Chief and asked if Council had authorized an investigation into that. Council Member Marty indicated he had made a request for City expenses and credit card bills for department heads because he feels there may be some infractions and he feels it should be reviewed by Council rather than paying an auditor to review it. Council Member Marty indicated it was his understanding that cities need to have a policy on credit cards and, if there is no written ordinance on regulation of credit cards, the City may be out of compliance. City Attorney Riggs handed out a letter addressing the charter violation issue. City Attorney Riggs asked for clarification on the data practices question. Council Member Marty explained that he had requested the expense reports and credit card bills for the department heads and Council Members because when MMKR did an audit they found some possible infractions and he thought, without going to the expense of having auditors go through it, the City could just look at it to see if there is a need for auditors. Crty Attorney Riggs indicated that Council could investigate the matter as a whole. Mounds View City Council January 28, 2002 Regular Meeting Page 27 • Council Member Marty indicated he had requested the information and was billed for it. City Administrator Miller indicated the request was treated as a data practices request because the request came as part of a request from Mrs. Marty and from Council Member Marty. The request of Mrs. Marty was fulfilled and the other request was treated as one data practices request because Council Member Marty and Mrs. Marty had requested the exact same information. City Administrator Miller explained that she had contacted the City Attorney's office and the League of Minnesota Cities for guidance on data practices requests because the City has been receiving numerous requests and, upon notification of the costs involved, people have been asking to review the information after copies are made and Staff time is expended preparing the request. She then commented that she had been advised that it would be appropriate to charge for data practices requests. She also noted that she had been told that a Council Member could not be treated any differently than any other resident in the community asking for a data practices request. City Administrator Miller indicated that the request made took 13 hours of the bookkeepers time and was 400 plus pages of copying. She then indicated if Council Member Marty would like to know in the future, the estimated costs to fulfill his requests she would be happy to provide an estimate. She further commented that the request was a sizeable request and did not come from Council as a whole. Council Member Marty confirmed that the City Administrator would not let him see the information until he paid the $452.00. City Administrator Miller indicated that is City policy and noted that a previous request filled for Council Member Marty has not been paid. Council Member Thomas asked for clarification of the letter provided and asked if her understanding that Council needs to conduct investigations as a body by direction or vote was correct. City Attorney Riggs indicated Council Member Thomas was correct in her understanding of his letter. Council Member Marty commented that any citizen in this City could investigate anything in this City. City Administrator Miller indicated, assuming the information is public, it would be provided but the resident would still be charged for staff time and for copies. • Council Member Marty asked whether Mr. Coughlin was billed for the data practices request he made on June 1, 2001 asking for copies of all e-mail and electronic copies of golf course cell Mounds View City Council January 28, 2002 Regular Meeting Page 28 phone bills. He then commented that, when he was told the copies would cost $200.00 he reviewed them and was told Mr. Coughlin had made the same request. City Administrator Miller indicated that Council Member Marty was billed for the copies of those items that he had reviewed. She then indicated that, since that time, the City has had a number of requests. Staff compiles the information and makes the copies and then the person decides just to review the copies rather than pay for them and that is why the policy has been implemented. She further commented that, upon discussion with Staff, the Staff time involved in fulfilling the requests has been insurmountable and the decision was made to start charging for Staff time and copies in order to make sure that requests being made are important enough that the resident is willing to pay for them. Council Member Marty indicated he thought Council should be able to view the backup documentation for the just and correct claims and said he thinks Council should review the credit card information to determine whether an audit is necessary. Mayor Sonterre reminded Council this section of the meeting was to be reserved for reports and asked that the current discussion be reserved as a work session discussion. He then asked Council Member Marty if he wished to ask that the matter be placed on the work session agenda. • Council Member Marty indicated he would like to request to see the City's credit card policy. City Administrator Miller indicated it was brought to her attention that all employees had credit cards and she has since reduced the number of credit cards to two for use when making hotel and conference arrangements. She then indicated that Council would be dealing with the credit card issue as part of the purchasing policy at the February work session. Mayor Sonterre asked to have the discussion included at the second work session in February. Council Member Stigney commented that it seems the information Council Member Marty had requested was different than the purchasing policy. He then asked if he could come to City Hall and view the information. City Administrator Miller indicated that right now she has received a request from Wendy and Rob Marty unless Council decides to turn this into an investigation and direct her to provide information to the entire Council. Council Member Marty indicated he was not sure if an investigation was needed but said he would like to look into it in light of the one spot check that was done. Mayor Sonterre commented that the request was made as a data practices request and was treated • as such. He then commented that, if Council Member Marty had come to Council and asked Council to look into the matter as a Council, then the information would have been provided without a charge to the whole Council. Mounds View City Council January 28, 2002 Regular Meeting Page 29 • Council Member Marty said that it seems to him that a Council Member should be able to look into something if he feels it is necessary. City Attorney Riggs indicated that the Minnesota Data Practices Act does not treat a Council Member any differently than any other resident in the community. He commented that Council Members gain no authority and are to be treated no differently than any other individual unless it is official authorized Council business. He further commented that Council lacks the authority to do anything differently because that would be creating a perk that the average citizen does not have in this community. Council Member Marty indicated there is a cost of 25 cents per page but said he had never seen it written anywhere an hourly wage rate for anyone that is billed for a data practices request. He then asked how much Mr. Coughlin paid for this. City Administrator Miller indicated that Mr. Coughlin's request had not been fulfilled. Council Member Marty indicated that Mr. Coughlin had asked for copies. City Attorney Riggs clarified that Mr. Coughlin had made a second request to be allowed to view the information rather than have copies made. He then indicated the statute allows the City to • recover the costs associated with making copies of the information. He further commented that this is what is allowed by City policy and City policy is compliant with the state statute. City Attorney Riggs then commented that Council Member Marty wants to be treated differently than what state statute allows and he cannot tell him that he can be. He further explained he had discussed the matter with a number of colleagues, had contacted the League of Minnesota Cities, and the Department of Administration as well as checking the statutes and the authority being requested does not exist. City Administrator Miller indicated that Mr. Coughlin had asked for the same copies Council Member Marty but, when told he would be charged for the information, had decided to make the request to view the information instead. Mayor Sonterre encouraged Council Member Marty and City Administrator Miller to sit down and discuss the City's policy for clarification. Council Member Stigney clarified that any resident could come in and view information that is public data but would be charged for any copies requested. City Attorney Riggs indicated that under the statute a resident has the ability to review • information but, if a request for copies is made and fulfilled, residents will be charged for those costs, • Mounds View City Council Regular Meeting January 28, 2002 Page 30 Council Member Marty indicated that when he came in the first time and was told it would cost him $200.00 he said he would just review the information. City Administrator Miller indicated the policy was changed to deal with the numerous requests and exorbitant amount of staff time being taken up with the requests. She further commented that the City Attorney had advised that the City should start enforcing the data practices law that states that the City can recover the costs for providing information. She also indicated that Mayor Sonterre would be billed for his data practices request. 10. APPROVAL OF MINUTES A. January 7, 2002 City Council Minutes. MOTION/SECOND: Marty/Thomas. To Table Consideration of the Minutes to the Next Council Meeting. Ayes - 4 Nays - 0 Motion carried. • Council recessed to the EDA meeting at 11:00 p.m. Council reconvened at 11:16 p.m. and moved to the closed session. Mayor Sonterre noted that Council would adjourn from the closed session. 11. CLOSED SESSION TO DISCUSS THREATENED/POTENTIAL LITIGATION Council recessed to the closed session at 11:16 p.m. 12. Next Council Work Session: Next Council Meeting: Monday, February 4, 2002 Monday, February 11, 2002 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. •