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HomeMy WebLinkAboutMinutes - 2002/03/25PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas (arrived at 7:25 p.m.). 3. APPROVAL OF AGENDA A. Monday, March 25, 2002 City Council Agenda. • City Administrator Miller indicated that the attorney appointed by the League of Minnesota Cities to represent the City would be at the meeting at 8:00 p.m. and asked that Council move the closed session to 8:00 p.m. Mayor Sonterre requested that Item N and Item Q be moved to the beginning of the Council Business section of the meeting to allow them to be heard while residents are in attendance. He then noted that Council Member Thomas would be arriving late for the meeting and changing the agenda would allow her participation in the Council Business section of the meeting. Finance Director Hansen requested that item 6A be pulled from the consent agenda for discussion. MOTION/SECOND: Stigney/Quick. To Approve the March 25, 2002, City Council Agenda as amended. Ayes - 4 4. PUBLIC INPUT Nays - 0 Motion carried. Mr. Jahnke of 8428 Eastwood Road indicated he would like to have access to the document read at the Council Meeting concerning the former finance director. City Administrator Miller indicated that she would prefer if the City Attorney responded to that request. C~ Mounds View City Council March 25, 2002 Regular Meeting Page Z ~-' Mr. Jahnke indicated he had asked the Mayor to check into why the headhunter had not disclosed all of the information about the City Administrator. He then asked if the Mayor had done so. Mayor Sonterre indicated he had been in contact with that office in regard to another matter but said he would need direction from Council to investigate the matter. Mr. Jahnke said he comes to the meetings and speaks his mind when he feels it is necessary or when he thinks something is wrong. He then said he appreciated the efforts of City Administrator Miller to provide the accountability that the City needs to get back on track. He further stated that he had some information that concerns him and he feels the matter should be investigated. Council Member Quick asked if Mr. Jahnke was basing his questions on the unsigned piece of information that came to the City. Mr. Jahnke said he was not but he does have information that he feels should be investigated. Council Member Quick said he would guarantee Mr. Jahnke that there was nothing that was not covered during the interview process and the document contains nothing of substance to be concerned with. Mr. Jahnke indicated he was not referring to information obtained from hearsay but he has information he feels should be investigated. Council Member Quick asked whether Mr. Jahnke was basing his questions on the unsigned piece of trash that was received by the City. Mr. Jahnke said he was basing it on documentation that he knows about not from the Mounds View Matters. He then indicated he did pursue the matter further and has more information. Ms. Margaret Mayer of 2654 Louisa Avenue indicated she had come to the meeting to discuss the negative article concerning the City's union situation in the St. Paul Pioneer Press. She then asked for clarification as to whether the article had accurately portrayed the situation and said she did not feel it was worth spending taxpayer dollars to fight over such a small amount. Mayor Sonterre explained that the City Council is not supposed to involve itself in the administrative affairs of the City but noted if Staff could not work it out Council would get involved. City Administrator Miller indicated she felt confident that the City and its Staff has represented itself professionally and followed all the rules while looking out for the best interest of the City. She then indicated the City and the Union were in mediation and it was her feeling that mediation would continue until she received information from AFSCME claiming a lawsuit. She further • explained that it is not unusual to have City attorneys involved and it is not unusual to have labor relations involved. She also commented that the City will have to live with the final contract for Mounds View City Council March 25, 2002 Regular Meeting Page 3 . many years and it is worth the dollars up front to make sure that the document is as favorable to the City as possible. Ms. Mayer questioned what rules the City Administrator was referring to when she said the City is following the rules. City Administrator Miller said the City had adhered to the negotiation process and attended meetings in good faith with the idea to resolve the matter as quickly as possible. Ms. Mayer said the article said the two parties were not that far apart. City Administrator Miller indicated she felt that was a matter of opinion. Ms. Mayer said the article said $2,200 on insurance. City Administrator Miller said she could not discuss that at this time. Ms. Mayer said she finds it embarrassing as a resident of the City who pays taxes. Mayor Sonterre said the City could not discuss or divulge information during the bargaining process. Ms. Mayer asked what the process was for obtaining further information because she is interested in knowing if the administration is bargaining well on behalf of its residents. Mayor Sonterre said Council does not involve itself in the administrative affairs of the City and noted there was a lawsuit pending which means the matter cannot be discussed. City Attorney Riggs indicated a lawsuit was filed. He then said residents can come to Council to ask questions but Council is limited in what information it can provide. He further explained that the labor matters become public once negotiations are completed. Ms. Mayer asked what type of recourse residents would have if they are not happy with what they are hearing. City Attorney Riggs commented that not all reports in the media are completely correct. He then said residents were free to make comments to Council but Council is limited in its ability to respond. Ms. Mayer asked if it was okay to contact the City Administrator for further information. City Administrator Miller said it was fine to call her. Mayor Sonterre cautioned that the City Administrator is limited in what information she can disclose and asked residents not to be put off if she is unable to fully disclose information. Mounds View City Council March 25, 2002 Regular Meeting Page 4 • Mr. Serfling addressed Council and explained that the Union does not file lawsuits frequently or frivolously. He further commented that he has been conducting union negotiations for 15 years and has never filed a lawsuit. He then said that the situation in Mounds View is quite different and he hopes the City takes the situation seriously because, even though the Mayor had commented that the City values its employees, the employees do not feel valued and the Union would like to see a change in attitude toward employees. Mayor Sonterre said he stands by his comment that the City does value its employees. He further commented that the City does take this situation seriously as does Council. Mayor Sonterre noted Council Member Thomas had arrived at the meeting at 7:25 p.m. 5. UNFINISHED BUSINESS None. 6. CONSENT AGENDA A. Just and Correct Claims B. Licenses for Approval • C. Set Public Hearing for 7:05 p.m. April 8, 2002 to Consider a Liquor License Transfer for Robert's Off 10 D. Resolution No. 5727 Approving the Purchase of a Replacement Mower for the Parks Division of Public Works E. Resolution No. 5728 Approving the Purchase of a Replacement Utility Cart for the Golf Course F. Set Public Hearing 7:10 p.m. April 8, 2002 to Consider First Reading and Introduction of Ordinance 696 Regarding Animals G. Resolution No. 5729 Authorization of a User Agreement with BCA for Access to Minnesota Repository of Arrest Photo Database H. Resolution No. 5730 Authorizing Out of State Training and Attendance at the National DARE Conference I. Resolution No. 5731 Approving the Contract Award for the 2002 Tree Removal Program J. Resolution No. 5734 in Support of the City of Arden Hill's Efforts to Redevelop Part of the TCAAP Site K. Set a Public Hearing for 7:15 p.m. April 8, 2002 to Consider First Reading and Introduction of Ordinance 698, an Ordinance Amending Chapters 1108 and 1109 of the Zoning Code Relating to Townhomes and Multiple-Family Dwellings L. Set a Public Hearing for 7:20 p.m. April 8, 2002 to Consider the First Reading and Introduction of Ordinance 697, an Ordinance to Rezone Part of 7653 Groveland Road from R-1, Single Family Residential, to R-2, Single and Two- • Family Residential Mounds View City Council March 25, 2002 Regular Meeting Page 5 . MOTION/SECOND: SonterrelStigney. To Approve Consent Agenda Item A as Presented. Finance Director Hansen explained that one of the checks under just and correct claims was for the New Brighton/Mounds View Rotary Club. He then explained that it seems the organization is expecting each member to purchase one ticket for their fundraiser which amounts to an increase in dues for this organization. He then asked whether Council wished to pay the invoice or not. Council Member Marty said he was aware of the situation and indicated he did not have an issue with paying the bill. Mayor Sonterre indicated it was his understanding that the Board of Directors meets to set up the rules for the organization and indicated that there would be an automatically mandated cost for memberships. Council Member Stigney indicated he did not approve of paying $125.00 for dinner. Council Member Quick said he felt the City should pay the bill. Council Member Thomas agreed that the bill should be paid. . Council Member Marty asked whether the City was being reimbursed for the costs involved with the Mounds View Animal Hospital development. Community Development Director Ericson indicated that the City was reimbursed for the costs associated with the Mounds View Animal Hospital development at the closing. He then noted that the fees for Gas `n Splash would be added to the tax certification and the fees for the Gustafson development will be collected. He also noted that the City would not be collecting anything on the Longview Estates development at this time. Council Member Marty noted the fees for the Charter Commission and Police Civil Service Commission were identical. Council Member Stigney asked what the charge was for. City Administrator Miller indicated that City Attorney Riggs had attended a Charter Commission meeting to provide clarification on a provision of the charter. She then indicated she was not sure whether the expenditure should be billed to the Commission or Council. Council Member Stigney asked if Mr. Riggs had attended the meeting in person or by telephone. City Attorney Riggs indicated he had appeared by telephone. • Council Member Stigney said he was amazed at the costs. Mounds View City Council March Z5, 2002 Regular Meeting Page 6 City Attorney Riggs indicated he had drafted a lengthy letter that was sent to the Commission explaining the issues. Council Member Marty asked where the charge for the Police Civil Service Commission came from. Finance Director Hansen explained that for budgeting purposes the Commissions were lumped into one group called Advisory Commissions and that includes the Charter Commission, Planning Commission and Police Civil Service Commission. He further explained the fees were primarily for legal fees and the taking of minutes for the Planning Commission. Council Member Stigney asked whether the Charter Commission asked for the advice or whether the City Administrator asked for clarification for the Commission. City Administrator Miller indicated she had received a series of e-mails from the Chair of the Charter Commission asking for clarification. Council Member Stigney clarified the amount had not come out of the $1,500 from the Commission's budget. Council Member Thomas indicated that it was a Council directive for clarification and an • attorney opinion on quarterly reports. Council Member Marty said the cell phone bills seem very high and asked for clarification. Finance Director Hansen explained that the cell phones are billed to five accounts and it could appear that the bills are for only five telephones but, in reality, there are 22 or 23 City telephones that this billing is for. He further explained that there are five accounts set up and the phones for the various departments assigned to those accounts. Council Member Marty asked what time period Check Number 107873 to the Spring Lake Park Fire Department covered. City Administrator Miller indicated she had put together information as requested by Council Member Marty at the last Council meeting and indicated she intended to hand it out during the reports section but could do so now. She then handed out information to Council concerning the questions raised by Council Member Marty. Ayes - 4 Nays - 1(Stigney) Motion carried. Council Member Stigney indicated he had voted no because he was not in favor of paying the Rotary Club. Council Member Marty asked that Item H be removed for discussion. Mounds View City Council March 25, 2002 Regular Meeting Page 7 • MOTION/SECOND: Marty/Quick. To Approve Consent Agenda Item H as Presented. Council Member Marty asked whether Officer Brose would be paying for his own meals. He then commented that the $608 included the cost of the convention and transportation. Deputy Chief Brennan indicated that the figure was an estimate and noted the airfare and hotel prices may improve. Council Member Marty said he thinks this is an excellent price in comparison to the National League of Cities and he is in favor of it. Deputy Chief Brennan indicated that Las Vegas as the destination has helped lower the costs. Ayes - 5 Nays - 0 Motion carried. Council Member Stigney requested that Item E be removed for discussion. STIGNEY/QUICK. To Approve Consent Agenda Item E as Presented. Council Member Stigney indicated he would like to change the Resolution to leave up to the discretion of Staff whether or not there is value in trading in the old cart or if it should be kept. • Council amended the Resolution to allow Staff to use its discretion concerning trading in the old cart. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Marty/Quick. To Approve Consent Agenda Items B, C, D, F, G, I, J, K, and L as Presented. Ayes - 5 Nays - 0 Motion carried. 7. CLOSED SESSION A. To Discuss Labor Negotiations B. To Discuss Threatened/Potential Litigation City Attorney Riggs indicated that Council would be going into closed session to discuss labor negotiations and then pending litigation issues. MOTION/SECOND: Thomas/Quick. To Recess to Closed Session to Discuss Labor Negotiations. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council March 25, 2002 Regular Meeting Page 8 . Council recessed at 8:10 p.m. Council reconvened at 9:50 p.m. 8. COUNCIL BUSINESS A. Administration Department Quarterly Report Assistant City Administrator Reed indicated that in the fall the City had four department head vacancies and noted, pending approval at this meeting, there would be one remaining opening. Assistant City Administrator Reed explained that the Police Civil Service Commission would be meeting to determine how it wants to handle the hiring process for the Police Chief position. Assistant City Administrator Reed indicated Staff had been asked to compile a procedures manual in the event someone is absent or not able to perform their duties the procedures manual would assist another employee in completing the tasks required. She then indicated that Staff would be compiling a manual. She also indicated that it was open enrollment time for the City and noted that Staff would be conducting elections in the fall. Assistant City Administrator Reed indicated that the City had agreed to sponsor one employee appreciation event provided it contained an educational component and said Staff would like the • event to be held the week before Memorial Day weekend. Assistant City Administrator Reed explained that the City is on a May through April calendar for health insurance and had asked fora 20 month quote for insurance to allow the City to move to a January to December calendar. Assistant City Administrator Reed indicated the City has been in mediation and has come to agreement on some of the items with the Union. Assistant City Administrator Reed noted that every June 30th all business licenses within the City expire and she will be sending out packets of information to the 50 license holders in April and the renewals will be before Council at the second meeting in June. Assistant City Administrator Reed indicated that every year the Stanton Group publishes a list of salaries and Mounds View is in Stanton Group 6 which is for Cities with a population of 10,000 to 25,000 residents. She then indicated that Staff would provide salary information for 25 positions. Assistant City Administrator Reed noted the City recently finished the unemployment hearing for the former finance director and the City won on appeal. She then indicated the judge had indicated last week that a ruling would be available on Mr. Hammerschmidt's case in a few weeks. Mounds View City Council March 25, 2002 Regular Meeting Page 9 i Assistant City Administrator Reed indicated the major project for the Administrative Department is to organize its records and provide for a central filing system. She then noted that the entire 1997 public book is missing and the new Administrative Assistant will be responsible for replacing it and for setting up the central filing system. Assistant City Administrator Reed noted that there were positions open on the various City Commissions and said that the Mayor and Staff would be providing recommendations and information to Council in the near future. Assistant City Administrator Reed handed out a map of the new redistricting for congressional districts. She then said she is hoping the County will provide her with a more detailed map in the near future. Council Member Thomas clarified that Mounds View is one precinct with all of the population in that precinct. She then noted that Mounds View is the state's largest precinct. Council Member Quick indicated the map was not easy to read. Council Member Thomas indicated that the City should have 60 days to deal with the precinct changes but due to the lateness of receiving the new map will have only 30 days to meet the statutory deadline of Apri130, 2002. • Mayor Sonterre indicated the City's new house designation is Slb. Assistant City Administrator Reed indicated that the Mayor, Council Member Thomas and Council Member Marty are up for re-election this year and noted the filing deadline is in August. Council Member Quick indicated the filing fee is $20.00. Council Member Stigney said he thought the fee could not be over $5.00. Council Member Quick clarified that the City looked into the matter last time and it was determined that the City is allowed to charge $20.00 for the filing fee. Assistant City Administrator Reed indicated she had contacted The Focus to discuss the matter of the newsletter being delivered late and was told that the truck had broken down and, rather than sending out a new truck, they waited until the next issue because they did not realize that the newsletter contained any time-sensitive information. She then explained she had asked for some type of credit for the delay and was told that none would be issued. Assistant City Administrator Reed indicated she had found out that the City believed that 5300 copies of the newsletter were being delivered but only 4500 are being delivered. Also, the City wants 100% saturation for apartments and The Focus is using only 25% saturation for • apartments. She further commented that she had been given this information verbally and it will need to be confirmed before the City attempts to remedy the situation. She also commented that Mounds View City Council March 25, 2002 Regular Meeting Page 10 it may be necessary for the City to explore other options for sending out the newsletter, keeping in mind that bundling the newsletter with The Focus saves the City money. Assistant City Administrator Reed indicated that Staff continues to review and update the personnel manual. Council Member Stigney indicated he was not aware that the 1997 public book had disappeared from City Hall and asked that Council be made aware of this type of issue in the future. Assistant City Administrator Reed indicated she had sent out an e-mail asking that the book be brought back and it was not returned. Council Member Thomas asked whether the position descriptions for the Boards and Commissions had been put on the website. She then asked if the requests of Ms. Sandback were resolved. Assistant City Administrator Reed indicated Council had adopted a policy for handling the appointments and noted the job descriptions provided by the department heads would be discussed at the upcoming work session. Mayor Sonterre asked whether the Boards and Commissions annual appreciation banquet and • dinner had been planned. He then indicated he would like to have the banquet early in the year. Council Member Stigney suggested contacting various civic and school groups to see if they would be interested in delivering the newsletter on a bid basis as a fundraiser. He then indicated that the Boy Scouts used to deliver the newsletter and it seemed to work out well. Assistant City Administrator Reed indicated she had been handling the newsletter in the absence of an administrative assistant and said there was an issue raised as to what types of groups are allowed to advertise in the newsletter. She then asked whether only non-profit groups were allowed to advertise. Mayor Sonterre indicated that Council had never decided who is allowed to advertise in the newsletter. Council Member Stigney indicated that both Donatellis and the Mermaid have advertised in the newsletter before. Mayor Sonterre indicated the City has no policy on the matter. Assistant City Administrator Reed asked for permission to pay for the newsletter delivery at this time. . It was the consent of Council to allow Staff to pay for the newsletter delivery. Mounds View City Council March 25, 2002 Regular Meeting Page 11 Council Member Marty asked why it was necessary to wait until May to begin the hiring process for a Police Chief. Assistant City Administrator Reed explained that the next work session is next Monday and the Police Civil Service Commission would not have time to meet to provide its recommendations concerning the hiring process and will not be able to provide its recommendation until May 1, 2002. Council Member Marty asked if the position had changed that much in the last two or three years. Assistant City Administrator Reed indicated that the Police Civil Service Commission is in the process of rewriting the bylaws and once the Commission provides its recommendation the matter will come before Council. Council Member Marty commented that the former chief left in August and the reason this was put off last fall was because the City was looking for a golf course manager but that has now been accomplished. Council Member Quick commented that he has been arguing for over a year that the City needs more Staff members if Council wants things turned around more quickly. • Council Member Marty said it seems to him the City could begin advertising to make the process as expedient as possible. Council Member Quick commented that the Commission has not made its recommendation and Council has not discussed the matter. B. Police Department- Quarterly Report Deputy Chief Brennan commented that it has been his experience that the more the public knows about police operations the better off everyone is. Deputy Chief Brennan provided a brief overview of his report. Deputy Chief Brennan indicated the City has 11 patrol officers, two sergeants, two detectives, one dare officer, and one school resource officer as well as one part time community service officer. He also noted that the City uses a retired lieutenant when necessary. Deputy Chief Brennan indicated the City is patrolled 24 hours a day and noted the police department went to a community policy approach in August of 2001. Deputy Chief Brennan indicated that emergency management has been an ongoing priority in light of the events of September 11, 2001. He then indicated that he has attended numerous meetings to discuss critical incident matters. Mounds View City Council March 25, 2002 Regular Meeting Page 12 • Deputy Chief Brennan indicated that the officers have received various training including use of force training, hazardous materials, blood borne pathogens, legal update, death notification, sexual assaults, dealing with difficult people, and critical situation training. He also indicated that some of the officers have been trained to use the intoxilyzer and nine officers will attend police pursuit training. Deputy Chief Brennan indicated that the New Brighton Police Department had provided a no cost racial profiling training attended by the department. Deputy Chief Brennan indicated the clerical personnel has received training on how to operate the criminal justice data communications network. Deputy Chief Brennan briefly overviewed the grant funds the police department has pursued. Deputy Chief Brennan indicated that one of the officers is an Akido instructor and provides classes at no cost if anyone is interested. Deputy Chief Brennan indicated that two officers have volunteered to work with the Mermaid to curtail underage drinking and providing false identification. • Deputy Chief Brennan indicated that the officers have received training on the new department issued firearms. Deputy Chief Brennan indicated that the police department installed new carpeting in November of 2001 and built an office for the sergeants and the construction costs were covered entirely by forfeiture funds. Deputy Chief Brennan indicated that $18,000 had been budgeted for revamping the main access points and, in lieu of that, cosmetic repairs were made by the Public Works Staff for $100. Deputy Chief Brennan indicated the City entered into a user agreement with the State for tracking sex offenders. He then noted that BCA access to the Minnesota Repository of Arrest Photo Database will enhance the department's ability to identify suspects. Deputy Chief Brennan indicated that two brand new police vehicles were ordered in March of 2002 and noted that the unmarked squad did not need the heavy-duty suspension package and the City was able to save $3,700 for a total cost for both vehicles of $33,822. He then indicated that the vehicles being replaced would be sold through the semi-annual auction held by the Maplewood Police Department at a cost of $50.00 per vehicle sold. Deputy Chief Brennan informed Council that he had been elected Vice President of the Ramsey County Chief of Police Association and noted he would move to president of the Association in 2003. Mounds View City Council March 25, 2002 Regular Meeting Page 13 Deputy Chief Brennan indicated that traffic calls were reduced slightly from 373 to 294 while juvenile and adult arrests were up from 18 to 20 and 121 to 149. Deputy Chief Brennan indicated there has been a lot of concern about drug activity in the City and he had determined that there has been an increase of drug activity from 37 incidents up to 51. Mayor Sonterre thanked Deputy Chief Brennan for the thorough report and congratulated him on being elected Vice President of the Ramsey County Chief of Police Association. Mayor Sonterre asked for an update on the City's participation in the drug task force. Deputy Chief Brennan indicated the City would like to participate but said due to staffing levels that would not happen until the City could make a bigger commitment to the task force. Council Member Marty asked if the additional officer was in the budget for this year. Deputy Chief Brennan said yes. Council Member Marty asked when the officer would be hired. Deputy Chief Brennan indicated the City is waiting to hear how the state budget negotiation issue • is resolved in order to determine the impact on state funding to cities. C. Second Reading and Adoption of Ordinance 693, an Ordinance Amending Section 1106.03 of the Mounds View Zoning Code Pertaining to Accessory Structures Planner Atkinson indicated this Ordinance had been forwarded to Council by the Planning Commission because the Commission feels that 1400 square feet of accessory storage is inadequate for larger lots within the City and is recommending 1800 square feet. He then indicated that the Ordinance was approved on first reading. MOTION/SECOND: Quick/Marty. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 693, an Ordinance Amending Section 1106.03 of the Mounds View Zoning Code Pertaining to Accessory Structures. ROLL CALL: Thomas/Marty/Stigney/Quick/Sonterre. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council March 25, 2002 Regular Meeting Page 14 D. Second Reading and Adoption of Ordinance 692, an Ordinance Amending Section 1006.06 of the Mounds View City Code Pertaining to Development Controls MOTION/SECOND: Marty/Thomas. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 692, an Ordinance Amending Section 1006.06 of the Mounds View City Code Pertaining to Development Controls. ROLL CALL: Marty/Stigney/Thomas/Quick/Sonterre. Ayes - 5 Nays - 0 Motion carried. E. First Reading of Ordinance 695, an Ordinance Renaming a Disconnected Section of County Road J Planner Atkinson indicated this matter had been discussed at the work session and noted there are a few options for the renaming. He then indicated he had determined that there would be an issue with using 85th Avenue because the new alignment is 85th Avenue. He further indicated he had polled the 8 residents involved and four residents like Old County Road J, three residents liked Long Lake Road, and one resident said the City is wasting time and money discussing it. Mayor Sonterre indicated a resident had come to the meeting to express his opinion but had left due to the closed session. He then indicated that the resident expressed his strong opinion that it made the most sense to rename the street Long Lake Road and he feels that residents will have to change their addresses to include a name change so the number should not be that big of a deal. Council Member Thomas asked if the street is renamed Old County Road J whether residents need to change their addresses. Planner Atkinson indicated it would be appropriate to change the addresses. Planner Atkinson indicated that both the Public Works Director and Community Development Director prefer renaming the street Long Lake Road. Council Member Stigney said he preferred Long Lake Road. Council Member Quick agreed. Council Member Marty agreed. Council Member Thomas agreed. A resident in the audience commented that this would be the third time he has changed the number on his house. Mounds View City Council March 25, 2002 Regular Meeting Page 15 i Council Member Quick asked how long he had been there. The resident indicated he had lived there since 1947 or 1948. MOTION/SECOND: Stigney/Quick. To Waive the Reading, Introduce the First Reading and Approve Ordinance 695, an Ordinance Renaming a Disconnected Section of County Road J. Ayes - 5 Nays - 0 Motion carried. F. Consideration of Resolution 5726, a Resolution Approving a Development Review for the Expansion of FedTech, Operating at 4763 Mustang Circle Planner Atkinson indicated that FedTech had requested development review and approval for an expansion. He then indicated that Staff had reviewed the plans and all City requirements have been met. He then indicated that Staff and the Planning Commission are recommending approval. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5726, a Resolution Approving a Development Review for the Expansion of FedTech, Operating at 4763 Mustang Circle. Mayor Sonterre asked whether this expansion was subject to park dedication fees. Planner Atkinson indicated it was not. Council Member Marty indicated he had asked earlier whether the expansion affected the wetland and had found out the pond was created. Planner Atkinson indicated the wetland was farther to the west. Council Member Quick commented that the wetland was filled a long time ago. Ayes - 5 Nays - 0 Motion carried. G. Resolution 5732 Approving a Minor Subdivision of 7653 Groveland Road Planner Atkinson indicated that Mr. Martinson is requesting approval of a subdivision of 7653 Groveland Road which would split off the back portion of the lot which fronts on Silver Lake Road. He then indicated there was discussion at the Planning Commission level concerning an already existing drainage issue and residents had asked that any development allowed on the lot not negatively impact the drainage problem. Planner Atkinson pointed out that the City Attorney had made some corrections to the Resolution to include the requirement of easement documents and title work to be reviewed and approved by the attorney. Mounds View City Council March 25, 2002 Regular Meeting Page 16 • Council Member Marty indicated he had asked earlier whether this would affect the wetland and learned the wetland was farther south. He then asked whether there would be an easement set aside to provide room for a trail in the event the City wants to extend a trail in the future. Planner Atkinson indicated that any trail would be in the right of way and noted the property is outside of the wetland buffer area. Council Member Quick asked whether the setback in the back of the newly created lot would be large enough for drainage and utilities. Planner Atkinson indicated there would be a 10-foot easement on both parcels for a total of 20 feet. Council Member Quick expressed concern that the property owner would be able to fill the easement area. City Attorney Riggs indicated the easement would become an encumbrance to the public forever. MOTION/SECOND: Stigney/Thomas. To Waive the Reading and Approve Resolution 5732, a Resolution Approving a Minor Subdivision of 7653 Groveland Road as Amended by the City • Attorney. Ayes - 5 Nays - 0 Motion carried. H. Resolution 5733 Adopting a Purchasing Policy Finance Director Hansen presented a draft of the purchasing policy and noted the discussed changes had been incorporated into the document. He then noted Resolution 5733 was attached that would adopt the purchasing policy and direct Staff to update the personnel policy manual. Mayor Sonterre thanked Mr. Hansen for his efforts on the purchasing policy. MOTION/SECOND: Quick/Sonterre. To Waive the Reading and Approve Resolution 5733, a Resolution Adopting a Purchasing Policy. Council Member Marty asked for clarification of the Staff report where it indicated that Council should ask the Charter Commission to update the Charter to indicate that sealed bids should specify $50,000 rather than $25,000. Finance Director Hansen indicated that $50,000 is the new maximum amount in state statute. Council Member Marty asked whether the Charter Commission was notified of the request. He then asked if the personnel manual changes would be brought to Council for approval. Mounds View City Council March 25, 2002 Regular Meeting Page 17 Finance Director Hansen indicated he could bring the changes to the personnel manual to Council. Council Member Marty commented that the credit cards for the City have a credit limit of $50,000 and he feels that is rather high. City Administrator Miller indicated that with many cards in the past there were times when the limit was exceeded so it was raised and when the cards were pulled back the high limit was not addressed. Mayor Sonterre asked Staff to come back with a recommendation for an adequate credit limit amount. Council Member Marty commented he had thought Council voted down the percentages for meals. Council Member Thomas clarified that those that wanted percentages were outvoted. Council Member Marty indicated that department heads or the deputy would approve invoices. He then asked who the deputy was. Finance Director Hansen indicated that deputy is defined elsewhere in the policy and explained that each department head would appoint someone to approve invoices for payment in their absence. Ayes - 5 Nays - 0 Motion carried. Council Member Marty asked Staff to pass this on to the Charter Commission. City Administrator Miller indicated she would use the procedure for doing so. I. Consideration of the Re-Organization of Funds Within the Financial Statements and Additiona12001 Transfers between Funds Resolution 5735 Reclassifying Certain Funds within the Financial Statements and Additional 2001 Transfers Between Funds. Finance Director Hansen indicated this matter was discussed at the March 4, 2002 work session and noted this would create fewer debt service funds for debt service and a special revenue fund to avoid commingling with TIF funds to avoid the legal entanglements that go along with that. MOTION/SECOND: Thomas/Quick. To Waive the Reading and Approve Resolution 5735, a Resolution Reclassifying Certain Funds Within the Financial Statements and Additiona12001 Transfers Between Funds. Mounds View City Council March 25, 2002 Regular Meeting Page 18 . Council Member Marty asked whether the development grant fund needed to be called the special revenue fund or if it could just be labeled development grant fund. Finance Director Hansen indicated the reports identify it as special revenue fund. 2. Resolution 5737 Approving Additiona12001 Transfers Between Funds Finance Director Hansen indicated the purpose of this transfer is to make the December 31, 2001 statement reflect that funds are not available for other items. Finance Director Hansen indicated that the EDA budget was exceeded because it is difficult to predict what types of development will occur during the year when budgeting. Finance Director Hansen indicated he had recommended transferring $1,000,000 to a special project fund because there is a surplus in the general fund. He then said he has done further calculating and is recommending that $1,200,000 be transferred to the special project fund because the general fund is better off than originally thought. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5737, a Resolution Approving Additional 2001 Transfers Between Funds. Ayes - 5 Nays - 0 Motion carried. J. Personnel Action MOTION/SECOND: Thomas/Stigney. To Accept the Letter of Resignation Dated March 25, 2002 from Tom Haack Effective Immediately. Council Member Marty asked whether a license check had been done. City Administrator Miller indicated that license checks were done sporadically in the past and the City has implemented a policy whereby all employees by virtue of their job descriptions will have their driver's license checked Ayes - 5 Nays - 0 Motion carried. K. Correcting Resolution 5711 Approving Payment to Elegant Thymes Management Company for Management of the Mounds View Banquet and Conference Center Finance Director Hansen indicated that the terminology was corrected in this Resolution to indicate that net revenues not gross are used and noted that additional revenues for 2001 had come in and the amount needed to be adjusted. Mounds View City Council March 25, 2002 Regular Meeting Page 19 Finance Director Hansen explained that, in the beginning of this arrangement, the City was paying in advance and has gone to paying late and he would like permission to pay on a monthly basis because after discussing the matter with the auditor and the management company the confusion as to how to calculate the management fee has been resolved and the matter should become routine. Council Member Marty commented that in the Staff report it refers to the problem as an administrative issue with the former finance director. He then said it is happening with this finance director as well. City Administrator Miller clarified that it is not the same situation. With the former finance director the numbers were continually changing up and down and this is simply a request to increase the fees paid due to increased revenue being submitted. Council Member Marty said he thought it was a good idea but in light of the additional revenue transactions coming in late he suggested a two month delay to allow for accurate figures. Council Member Quick said he did not agree as he feels people should be paid in a timely manner. Council Member Marty said he wanted to get accurate figures after all revenues are in. Council Member Quick indicated the issue is the City needs to pay its bills in a timely fashion. Council Member Marty asked whether the term net revenues is the correct term to be used because he was told at the last meeting that the new contract was based on gross revenues. City Administrator Miller indicated this is a correction to the Resolution and said the City is operating under the same conditions as the other contract. Council Member Marty commented that the other one operated on gross. He then said the City may be paying on net when it should be gross. City Administrator Miller indicated it was her understanding that the City is operating under net revenues and said she would review the matter with the Finance Director. Council Member Thomas explained that the contract used gross revenues defined to apply to a certain type of revenue and this Resolution would correct an error in terminology as the number was a net number. She further explained that all revenues were not included which means revenues cannot be called gross revenues. Mayor Sonterre asked if the language is consistent with language in the contract. • City Administrator Miller indicated that Staff and the auditor's office are recommending approval. Mounds View City Council March 25, 2002 Regular Meeting Page 20 u~ Council Member Stigney noted that overpayments, if any, would be put on just and correct claims and brought to Council. Finance Director Hansen indicated any over payment would be caught the next month. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5711, a Resolution Approving Payment to Elegant Thymes Management Company for Management of the Mounds View Banquet and Conference Center. Ayes - 5 Nays - 0 Motion carried. L. Resolution 5738 Authorizing Contract for Professional Services for Ehlers & Associates Finance Director Hansen explained that each year the City must submit reports to the State Auditor's Office on TIF related issues. He then explained that, in the past, the reports were prepared by the Finance Director but the Finance Director departed just prior to when the report needed to be submitted and the former Economic Development Coordinator stepped in and submitted it but was unfamiliar with the process and the City has been notified by the State of some discrepancies in the report. Finance Director Hansen indicated he was seeking approval to hire Ehlers & Associates to prepare the report and correct last years report due to the complexity of the issues involved and other work duties making it impossible for him to address the matter on a timely basis. He then explained that once the issues are resolved the report should become a matter of routine and he will be submitting reports in the future. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5738, a Resolution Authorizing Contract for Professional Services for Ehlers & Associates. Ayes - 5 Nays - 0 Motion carried. M. Gas `n Splash SAC Fee Repayment Agreement Community Development Director Ericson indicated that Staff had reached a repayment agreement with the Mr. Mack, the owner of Gas `n Splash for the repayment of uncollected SAC fees in the amount of $43,050. Mr. Mack has agreed to make $1,000 payments for a duration of 48 months at an interest rate of 7%, if approved by Council. He then indicated that the Finance Director has recommended that the outstanding amounts be certified to the tax rolls to ensure repayment should the business fail or be sold. Director Ericson asked for approval of the 7% interest rate and the duration of 48 months and • indicated he would provide a Resolution for approval at the next meeting. Mounds View City Council March 25, 2002 Regular Meeting Page 21 Council Member Stigney asked if the Resolution would address default. Director Ericson indicated there should not be a default. He then explained that the amounts would be certified to the tax rolls and, if taxes are unpaid, the property would go tax forfeiture and, when sold, the City would get its money. Council Member Thomas commented that if the owner does not make tax payments then the property would go tax forfeiture. Director Ericson indicated that using the tax rolls eliminates the need for Staff to administer and collect the balance. N. Resolution 5723 Authorizing the Purchase of Video Monitoring Equipment for the MVCC Deputy Chief Brennan indicated he had further defined the components to be used at the Community Center for video monitoring. He then indicated he had revised his recommendation from six locations to four and noted that the system would be expandable up to eight cameras. Deputy Chief Brennan indicated the vendor was able to identify better pricing and put together a revised proposal that is $1,000 less than the other bids and includes installation, materials, . training, and a one year service contract. Deputy Chief Brennan indicated that a color camera would be used at the entrance but black and white cameras at the other locations. He explained this would be a cost saving measure and noted the resolution on the black and white cameras is better than the color cameras. Council Member Marty asked for clarification as to whether the installation was included. Deputy Chief Brennan indicated the first bid did not include installation but this bid does. Council Member Thomas asked whether there has been any resolution with what to do with the outdoor basketball courts as far as supervision. Deputy Chief Brennan indicated he had not looked at anything for outside surveillance but said there are options available. Council Member Thomas said she has an issue with students from outside of the area and she is not sure who is responsible for that yet. Mayor Sonterre indicated the matter needed to be discussed with the YMCA and said they are not taking money for external activities. U Mounds View City Council March 25, 2002 Regular Meeting Page 22 • Council Member Thomas commented that, if they are not going to be responsible for security of the building it is not fair to have a security problem on the premises that they are not responsible for. Mayor Sonterre asked City Administrator Miller to look into the matter. Council Member Stigney indicated it was possible to add cameras in the future. Council Member Thomas said she feels the City needs to identify weak spots in the security chain. MOTION/SECOND: Thomas/Marty. To Waive the Reading and Approve Resolution 5723, a Resolution Authorizing the Purchase of Video Monitoring Equipment for the MVCC. Ayes - 5 Nays - 0 Motion carried. O. Resolution 534, a Resolution Approving a Wetland Alteration Permit and Lease Agreement for the Expansion of the Clear Channel Billboard at 2373 County Highway 10 Community Development Director Ericson indicated that the City was holding off issuing the • wetland alteration permit until the applicant had received approval from Rice Creek Watershed District. He then indicated that Rice Creek Watershed has approved the permit without any stipulations or suggestions. Director Ericson indicated he had reviewed the wetland alteration permit requirements and all have been satisfied. He noted that this amounts to a total filling of 100 square feet. The City Forester has reviewed the plan and had no issue with it. Director Ericson indicated he had added a stipulation that says complete removal of trees shall not be allowed. He then commented that a previous submittal had suggested a 55 foot deep parallel section to the right of way cleared to maintain visibility and noted the City is not agreeable to that. Director Ericson indicated it does appear that some trees and shrubs will be removed on the periphery but not much has changed. He then indicated that thorny briar bushes will be planted inside the structure to keep people out. He further indicated that the City Attorney has approved the easement agreement. Director Ericson noted the initial payment of $50,000 would come to the City with the issuance of the permit and the annual payments will follow. Council Member Thomas said that by voting to approve this she is trusting Community . Development Director Ericson a lot because she is concerned with any tree removal and will be the first to call if trees that are not to be removed are. Mounds View City Council March 25, 2002 Regular Meeting Page 23 Director Ericson indicated he was aware that trees are a sensitive issue in Mounds View and it is his intent not to lose any trees that do not need to come out. City Attorney Riggs indicated the original version of the document would have given control over the entire property to Clear Channel and, after negotiation and agreement, the document is very livable for the City. MOTIONlSECOND: Quick/Sonterre. To Waive the Reading and Approve Resolution 5634, a Resolution Approving a Wetland Alteration Permit and Lease Agreement for the Expansion of the Clear Channel Billboard at 2373 County Highway 10. Council Member Marty said he likes the fact that the City is getting money but he does not like the larger billboard. He also said he is concerned with the trees and commented that there was an issue with the theater and tree removal. Director Ericson indicated that once he finds out what trees are to be removed if he has even an inkling there could be an issue he will bring the matter back to Council. Council Member Quick asked if Council wanted to entertain an ordinance on the removal of trees. Council Member Thomas indicated she would like to entertain the option of a tree removal ordinance at some point in the future. Council Member Quick asked that discussion of a tree removal ordinance be put on a work session agenda. Mayor Sonterre noted if trees are removed there would be a replacement value. Council Member Thomas indicated that replacement has no value to her. She then said the issue is when somebody goofs, which has happened twice in last two years. Director Ericson suggested holding the building permit until the trees are flagged and approved by Council. Council Member Stigney asked if the developer is proposing cutting outside the easement. Director Ericson said yes but he does not believe there is much there to take out and noted any tree to be removed will be marked and after the billboard is constructed nothing can be removed from outside the easement area. Council Member Stigney commented that he disagreed with the total scope of the project and • will not support it. Mounds View City Council March 25, 2002 Regular Meeting Page 24 Ayes - 3 Nays - 2 (Marty/Stigney) Motion carried. P. Resolution 5740 Hiring a new Administrative Assistant for the Department of Administration Assistant City Administrator Reed indicated that Staff is recommending Desiree Crane for the position of Administrative Assistant in the Administration Department. She then indicated that Ms. Crane has experience as an office manager in the aviation field and has served as a legal secretary for a private firm. Ms. Crane would start at Step 2, $33,635 and would move to Step 3 after six months and Step 4 after one year. Hiring would be contingent upon reference checks. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5740, a Resolution Authorizing the Hiring of a new Administrative Assistant for the Department of Administration. Ayes - 5 Nays - 0 Motion carried. Q. Resolution 5739 Hiring a New Golf Course Manager Assistant City Administrator Reed indicated the recommendation is to hire David Longville as the Golf Course Manager. She then noted that Mr. Longville has 17 years of experience as a certified golf course superintendent, a BS in environmental horticulture and a BA in business administration. She further noted that Mr. Longville has been informed that all changes need to be brought before Council for approval. Assistant City Administrator Reed indicated the salary proposal would be to start at Step 4 and increase to Step 5 after six months pending satisfactory performance reviews. The Resolution would also approve up to $4,000 for moving expenses. MOTION/SECOND: Quick/Sonterre. To Waive the Reading and Approve Resolution 5739, a Resolution Authorizing the Hiring of a New Golf Course Manager. Council Member Marty asked whether all the background checks have been completed Assistant City Administrator Reed indicated that a criminal background check, a driver's license check as well as a reference check would be done. She then indicated that Mr. Longville would need to obtain a commercial driver's license in Minnesota as he holds one in Illinois. Council Member Stigney asked whether a current employer check would be done. Assistant City Administrator Reed indicated that the current employer would be checked. Council Member Stigney said he did not see a significant reason to increase from Step 4 to Step 5 after six months because this individual is higher salaried and there will be a cost of living raise at the first of the year. Mounds View City Council March 25, 2002 Regular Meeting Page 25 C7 Council Member Marty indicated he concurred with Council Member Stigney. Ayes - 4 Nays - 0 Motion carried. 9. SPECIAL ORDERS OF BUSINESS None. 10. REPORTS Council Member Thomas commented that session is not done yet. Mayor Sonterre indicated he had gone to the Ramsey County Board of Commissioners meeting and they voted unanimously to approve the sale of the tax forfeited land known as LaPort Meadows to the City for $1.00. He then indicated there were discrepancies in the house and senate file and the issues should be resolved soon. Council Member Marty pointed out that the City has received approximately $300,000 worth of services from Northwest Youth and Family Services so far. • Council Member Marty indicated that it was brought to his attention that there was a reciprocal agreement with the Mounds View School District to hold the School Board Election at the Community Center but the City charged them $200.00. City Administrator Miller indicated the maintenance department has informal arrangements with other communities and the Assistant City Administrator had discussed the item during reports and received direction to bill for services and that was done. Council Member Marty indicated he was aware that the discussion took place but he was not aware of the reciprocal agreements. City Administrator Miller indicated the reciprocal agreement was for maintenance. She then said she agrees that informal agreements can be mutually beneficial but she has concerns with the maintenance staff entering into agreements that bind the rest of the staff without the rest of the staff being made privy to them. She further indicated she is going to discuss the matter with the Public Works Director. Council Member Marty asked that the matter be added to the upcoming work session discussion. Council Member Quick asked Council Member Marty where he received his information because he was not aware of any informal arrangements with the school district. He then said he knew the City used to rent space from the school district at a couple of different buildings and • participated in paying their employees to manage or supervise those sites at different times. Mounds View City Council March 25, 2002 Regular Meeting Page 26 Council Member Marty indicated he had changed his oil and stopped by public works to drop off oil and some of the guys mentioned this and he contacted Mr. Lee and City Administrator Miller to suggest that something be worked out. He then commented that at the last meeting it came up that the City has an agreement with Blaine for sewer flushing and gets to use a road grader in the spring to save the City $3,000 to $4,000. Council Member Quick asked whether whomever Council Member Marty spoke to could elaborate and provide more information because the election was in November. Council Member Marty asked whether Mayor Sonterre had paid the bill for the fitness equipment. Mayor Sonterre indicated he would pay the bill by the end of the month. Council Member Quick asked if Council Member Marty paid for his data practices request. Council Member Marty said no, he has not picked it up. Council Member Quick suggested that Council needed to discuss repayment of bills owed to the City by Council Members. City Administrator Miller handed out responses to questions raised at the last meeting. She then indicated the Finance Director has some questions concerning accelerated payment arrangements to the fire department. Mayor Sonterre asked how things were progressing with planning the Festival in the Park. City Administrator Miller indicated the City Attorney and she had met with Sherry Gund to discuss issues concerning the contract. She then indicated Staff will continue to work on the matter. Mayor Sonterre indicated that Council Member Quick had requested financial information from the golf course and asked whether that information is available. City Administrator Miller indicated the information was not available and said the City may not be able to provide all the information requested because the information may not be able to be obtained. 11. APPROVAL OF MINUTES A. March 11, 2002 City Council Minutes. Council Member Marty requested the following changes: On Page 1, quick should not be capitalized. On Page 11 add "for the safety of the citizens". On Page 19, fourth paragraph insert a comma after the word applications. Mounds View City Council March 25, 2002 Regular Meeting Page 27 • • Council Member Thomas asked permission to abstain. Consent was given. MOTION/SECOND: Marty/Stigney. To Approve the Minutes of the City Council for March 11, 2002 as Amended. Ayes - 4 Nays - 0 12. Next Council Work Session: Next Council Meeting: 13. ADJOURNMENT Motion carried. Monday, April 1, 2002 Monday, April 8, 2002 Mayor Sonterre adjourned the meeting at 11:57 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. •