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HomeMy WebLinkAboutMinutes - 2002/04/08PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~~ Regular Meeting ,,:~ ~~:.:' ;,, °~ , Apri18, 2002 ~ Mounds View City Hall l3~Uo'l 2401 Highway 10, Mounds View, MN 55112 7:00 F.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, April 8, 2002 City Council Agenda. • City Administrator Miller requested that Item 6A be removed for discussion. City Administrator Miller requested that a letter of resignation be added as Council Business 7I. City Administrator Miller requested that Item 6G be removed for discussion. MOTION/SECOND: Stigney/Marty. To Approve the April 8, 2002, City Council Agenda as amended. Ayes - 5 • 4. PUBLIC INPUT None. 5. UNFINISHED'BUSINESS None. 6. CONSENT AGENDA Nays - 0 Motion carried. A. Just and Correct Claims B. Licenses for Approval C. Resolution 5746 Making Appointments to the Airport Advisory Committee, Planning Commission and Park and Recreation Commission Mounds View City Council April 8, 2002 Regular Meeting Page 2 i D. Set Public Hearing for 7:10 p.m. on May 13, 2002 to Consider Special Assessment of the Service Availability Charge to Gas `N Splash E. Resolution 5742 Amending the 2002 General Fund Budget Administration of the Recycling Program F. Resolution 5743 Approving Funding Agreement for the DARE Program with ISD#621 G. Resolution 5744 Approving a Wage Adjustment for Charles Hansen MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item 6A as Presented. Finance Director Hansen asked for Council direction as to whether the proposed payment arrangement with the Fire Department was an acceptable method of payment. He then explained that the Fire Department has requested two months' payment for the first four months, one month's payment for the next four months and no payments for the last four months. Finance Director Hansen indicated it has been the practice of the City to pay for the month of service in the month the service is provided. Council Member Marty asked if the bottom line is the same. Finance Director Hansen indicated it was. Council Member Marty commented the payment arrangement has been ongoing since 1990 when the Joint Powers Agreement was signed. City Administrator Miller explained that the Joint Powers Agreement was signed in 1990 but there is nothing in minutes, nothing attached to the agreement, and nothing in resolution format to authorize this type of payment method. She then indicated that, if Council wishes to authorize this method of payment a resolution would need to be drafted for approval. Council Member Marty asked if Blaine and Spring Lake Park have the same arrangement with the Fire Department. City Administrator Miller indicated she believed the payment arrangement to be the same for Blaine and Spring Lake Park but said she would look into the matter. Council agreed to the payment arrangement provided the other cities have the same type of arrangement. Council Member Stigney asked whether this method of payment was recommended by Staff. Finance Director Hansen indicated he had not brought a recommendation and was seeking Council direction. • Mounds View City Council April 8, 2002 Regular Meeting Page 3 Council Member Quick asked if it was legal for a municipality to pay for services it has not yet received. City Attorney Riggs indicated the payments would be made according to the specifications outlined in the Joint Powers Agreement and noted that since the City is a member of the entity he does not feel there would be an issue with the proposed payment method. Council Member Quick asked whether the Joint Powers Agreement specified the method of payment. City Administrator Miller explained that there is no reference to the method of payment but noted there was a formula built in as to what that payment would be. She then indicated she would check with the other cities and bring a resolution back before Council for approval. Council Member Stigney requested that Item 6E be removed for discussion. Council Member Marty requested that Item 6C be removed for discussion. Council Member Marty asked for further information on the FBI training. Deputy Chief Brennan indicated that the training was for law enforcement executives. • Council Member Marty asked whether the FBI training had been approved by Council. City Administrator Miller indicated the training was within the state and did not require Council approval. Council Member Marty asked for further information on the H2 project and the payments to SEH. Public Works Director Lee indicated he had researched the matter and the estimate for plans and specifications was $70,000 and the payment in question is a portion of that. He then indicated the City would be continuing to make payments to SEH as the project progressed because SEH will be involved in the inspections. He also indicated that $496,000 had been budgeted for administrative and engineering costs. Council Member Marty asked whether the payment to IJNL for HVAC was for the Community Center. Public Works Director Lee indicated the payment represented the majority of the work completed at the Community Center. He then indicated there would be one more smaller invoice representing the remaining sensor work to be done. • Council Member Marty asked whether the system is working the way it was intended to work. Mounds View City Council April 8, 2002 Regular Meeting Page 4 . Public Works Director Lee indicated the system is up and running and the issues seem to have been resolved. Council Member Stigney asked whether the electronic surveillance equipment had been installed at the Community Center. Deputy Chief Brennan indicated the payment represented the 50% due at the acceptance of the bid and noted the equipment had not yet been installed. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Sonterre/Quick. To Approve Consent Agenda Item C as Presented. Council Member Marty indicated that several years ago two individuals on the Planning Commission had not turned in applications when their term expired and were replaced by other candidates. He then asked why that had not happened in this instance because one of the Park and Recreation Commissioners had not turned in an application and there were other applicants waiting for a position who had turned in applications in January and March. Mayor Sonterre clarified that Mr. Sczepanski had informed him that he wished to be reappointed and was named the Vice Chair for 2002. Mayor Sonterre further explained that he had mistakenly believed that the application on file would suffice and did not ask Mr. Sczepanski to fill out another. Upon making recommendation for approval to Council it was learned that the Administration required a new application and the appointment of Mr. Sczepanski was tabled until that new application was received. Mayor Sonterre indicated that the City's Code indicates that a persons term continues, even if expired, until the seat is filled by another applicant. City Administrator Miller indicated this issue should cease happening in the future because Council recently approved a policy for handling Commission appointments. Council Member Marty commented that, if the Mayor and Mr. Sczepanski had discussed the appointment at the end of last year, there would have been time for Mr. Sczepanski to turn in his application before the deadline. He then said he is not questioning Mr. Sczepanski's appointment but does question the method. Mayor Sonterre again stated that he had mistakenly assumed that the application currently on file for Mr. Sczepanski would suffice and did not realize a new application was required until he made his recommendation to Council. The matter was tabled and Mr. Sczepanski was asked to complete a new application. Mayor Sonterre congratulated Barb Haake for being named the first ever female Commodore to the St. Paul Yacht Club. He then expressed concern that a recent newspaper article had claimed that Ms. Haake and her fiance are full time residents of their boat on the Mississippi River. He Mounds View City Council Apri18, 2002 Regular Meeting Page 5 • further indicated he would like to table her appointment to the Airport Advisory Committee to allow time to verify that she is living in Mounds View and not just a property owner in Mounds View. Council Member Stigney asked for clarification as to whether the other person on the Airport Advisory Committee has been attending meetings and, if not, whether there is another Mounds View position to fill. Mayor Sonterre asked City Administrator Miller to investigate the situation. Council Member Marty asked whether the matter of the open position on the Police Civil Service Commission had been resolved. City Administrator Miller indicated the City has three Commissioners currently. She then indicated that because of the hiring of a new Police Chief and the time it takes to bring a new Commissioner up to speed, it was decided to postpone replacing the one Commissioner until after the hiring. Mayor Sonterre amended his motion to remove the references to Barb Haake and the Airport Advisory Committee. • Council Member Quick agreed to the amendment. Council Member Stigney questioned whether the Commissioner in question was a valid Commissioner because the issue is that he is not a resident of the City. City Attorney Riggs indicated that anyone who is appointed serves until a new commissioner has been appointed and qualified to serve, regardless of the fact that the term has expired. Council Member Stigney asked whether the position has been advertised. City Administrator Miller indicated she was not sure and said she would look into it. Council Member Marty said it was advertised and a number of qualified people applied but there has been this issue ofnon-residents and business people so approval was tabled. Council Member Stigney asked Mayor Sonterre to review his applications. Mayor Sonterre indicated he had received one application in 2001 but it was his understanding that the City Attorney was to make a determination as to whether the person in question was a viable candidate for reappointment. Council Member Stigney indicated Council had been told the individual was not eligible and now needs to fill the position. Mounds View City Council April 8, 2002 Regular Meeting Page 6 i Council Member Marty clarified that the individual is eligible but City residents should take priority. City Attorney Riggs indicated he does have a letter he could provide to the City Administrator concerning the situation. He then explained that Council could appoint someone at any time there are candidates available. He also clarified that any action of the Commission is valid with the current Commissioners and does not violate any state statute but said it is a gray area. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Stigney/Marty. To Deny Approval of Consent Agenda Item E. Council Member Stigney asked for clarification as to why the administration's budget was being increased by 20% if the duties are being moved to public works. Finance Director Hansen explained that the administration administrative assistant position is funded 80% out of the general fund and 20% by the recycling grant. When it was decided that the recycling duties should be shifted back to the public works administrative assistant, the funding sources for the positions needed to be corrected. This means that the administrative administrative assistant is now funded 100% by the general fund and the public works administrative assistant is funded 80% by the general fund and 20% by the recycling grant. City Administrator Miller clarified that the City receives a SCORE grant for recycling which allows the City to fund the position that administers the recycling program up to 20%. She further clarified that this does not mean that 20% of that person's time is dedicated to recycling duties. She then explained that a year ago there were issues with the phone system and the phone duties were shifted to the public works administrative assistant and the recycling came to the administration administrative assistant but the funding was not corrected nor was it an equitable swap of duties. She also indicated that the duties of the current administration administrative assistant have increased over the last administrative assistant. Council Member Marty commented that it seems as if public works picked up recycling which is 20% more and he does not understand why the administration's budget would be getting the extra funds if the responsibilities have been shifted. City Administrator Miller clarified that administration of the recycling program does not require 20% of the person's time. Council Member Marty commented that it seems like public works is getting the short end of the stick. City Administrator Miller indicated that recycling was public works responsibility a year ago and is being moved back. • Mounds View City Council April 8, 2002 Regular Meeting Page 7 • Council Member Thomas asked for clarification that there is no change in dollar amounts and nobody is getting more of anything. City Administrator Miller confirmed that nothing had increased just the funding source had changed. Council Member Stigney said it does not make sense to him to increase administration's budget when the workload of public works was increased. Finance Director Hansen explained the administration position is currently budgeted to be funded 80% from the general fund and 20% from the recycling grant and needs to be changed to reflect that the position is 100% funded from the general fund and the public works position needs to be changed to reflect that it is 80% funded from the general fund and 20% from the SCORE grant. Council Member Stigney indicated he would like clarification of the wording of the Resolution before he would vote to approve it. MOTION/SECOND: Sonterre/Stigney. To Table Approval of Consent Agenda Item E for Further Information. Ayes - 5 Nays - 0 Motion carried. n U MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item G as Amended. City Administrator Miller indicated the Resolution incorrectly refers to Step 5 and should be corrected to read Step 4. Council Member Marty commented that City Administrator Miller was hired an entire year before Finance Director Hansen and has not yet been given her six month review. He then asked why this has not been done. Mayor Sonterre asked that discussion of City Administrator Miller's review be handled under the report section of the meeting. Council Member Stigney asked that Resolution 5744 be read. City Administrator Miller read Resolution 5744. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Stigney/Thomas. To Approve Consent Agenda Items B, D, and F as Presented. • Ayes - 5 Nays - 0 Motion carried. Mounds View City Council April 8, 2002 Regular Meeting Page 8 • 7. COUNCIL BUSINESS A. Public Hearing to Consider a Liquor License Transfer for Robert's. This item was cancelled. B. Public Hearing to Consider First Reading and Introduction of Ordinance 696, Revising Chapter 701 Related to Animals. Mayor Sonterre opened the public hearing at 8:02 p.m. Deputy Chief Brennan indicated a lot of effort had been put into revising this section of the Code and noted the revisions have the potential to impact a lot of residents and that is why a public hearing was scheduled. Diane Wyman of 2209 Bronson Drive thanked the Police Department and City Council for their efforts to revise the Ordinance. She then commended Council and the Police Department for their excellent work on the matter. Council Member Marty thanked Ms. Wyman for bringing this matter forward. Mayor Sonterre closed the public hearing at 8:05 p.m. MOTION/SECOND: Quick/Marty. To Waive the Reading and Introduce the First Reading of Ordinance 696, an Ordinance Revising Chapter 701 Related to Animals. Ayes - 5 Nays - 0 Motion carried. C. Public Hearing to Consider First Reading and Introduction of Ordinance 698, an Ordinance Amending Chapters 11108 and 1109 of the Mounds View Zoning Code Pertaining to Townhomes and Multi-Family Dwellings. Mayor Sonterre opened the public hearing at 8:06 p.m. Planner Atkinson explained that Staff is recommending this change to encourage more owner occupied housing in Mounds View. As currently written, multifamily housing is allowed by right and townhomes by conditional use permit and this change would allow townhomes by right and multifamily housing by conditional use permit. He also noted that a development review would still be required. Mayor Sonterre closed the public hearing at 8:08 p.m. Mounds View City Council April 8, 2002 Regular Meeting Page 9 Council Member Marty noted there was a discrepancy in the Resolution as to the number of units allowed. Planner Atkinson indicated the number should be eight and indicated he would correct the Resolution. MOTION/SECOND: Marty/Thomas. To Waive the Reading and Introduce the First Reading of Ordinance 698, an Ordinance Amending Chapters 1108 and 1109 of the Mounds View Zoning Code Pertaining to Townhomes and Multi-Family Dwellings. Ayes - 5 Nays - 0 Motion carried. D. Public Hearing, First Reading and Introduction of Ordinance 697, an Ordinance to Rezone the Subdivided East Half of 7653 Groveland Road from R-1, Single Family Residential, to R-2, Single and Two Family Residential. Mayor Sonterre opened the public hearing at 8:09 p.m. Planner Atkinson reviewed the case with Council and indicated that the Planning Commission had recommended approval after first tabling the matter for further information. He then • indicated the Commission was concerned with the water issues and wanted to make sure the potential buyer was aware of them, wanted further information as to the type of structure to be built, and wanted information as to whether the twinhome would be owner occupied or rented. David Jahnke of 8428 Eastwood Road addressed Council and indicated that the homeowner at any time could decide to rent out the property so a letter from him indicating he intends to live there is no guarantee of an owner occupied residence. Planner Atkinson indicated that issue was discussed at the Planning Commission meeting but it was said that the same could be true of any property in the City. Council Member Quick asked whether a drainage and utility easement had been taken on the remaining portion of the lot as well as the new lot. Planner Atkinson indicated there would be a drainage and utility easement on both pieces of property. Council Member Stigney asked whether the Planning Commission is recommending approval or asking Council to decide Planner Atkinson indicated the Planning Commission is recommending approval. Council Member Marty asked where the park dedication fees come in. Mounds View City Council April 8, 2002 Regular Meeting Page 10 Planner Atkinson explained that park dedication fees are required before the subdivision is recorded with the County. Council Member Quick asked whether this was a zero lot line. Planner Atkinson indicated it is not. Mayor Sonterre closed the public hearing at 8:17 p.m. MOTION/SECOND: Thomas/Sonterre. To Waive the Reading and Introduce the First Reading of Ordinance 697, an Ordinance to Rezone the Subdivided East Half of 7653 Groveland Road from R-l, Single Family Residential, to R-2, Single and Two Family Residential. Ayes - 4 Nays - 1(Quick) Motion carried. E. Fire Department Quarterly Report Deputy Chief Krueger appeared before Council on behalf of the Fire Department to present the Fire Department Quarterly Report. Deputy Chief Krueger reviewed the quarterly report with Council. • Deputy Chief Krueger demonstrated the new personal safety devices the Fire Department recently obtained through the use of grant funds. The device monitors air supply and produces a visible and audible alarm should the fire fighter stop moving or manually set off the alarm. Council Member Marty pointed out that Mr. Krueger had recently been named Deputy Chief and congratulated him on his accomplishment. F. Second Reading and Adoption of Ordinance 695, an Ordinance Renaming a Disconnected Section of County Road J. MOTION/SECOND: Marty/Stigney. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 695, an Ordinance Renaming a Disconnected Section of County Road J. ROLL CALL: Quick/Marty/Stigney/Thomas/Sonterre. Ayes - 5 Nays - 0 Motion carried. G. Resolution 5745, Approval of Issues the City Council Intends to Bring Forward for Resolution and Discussion with the Trunk Highway 10 Interregional Management Team and Mn/DOT. Mayor Sonterre asked that the reference to the soundwall be removed because he did not feel it needed to be spelled out. Mounds View City Council April 8, 2002 Regular Meeting Page 11 • Council Member Thomas suggested a rewording to: in full knowledge that it will require that Mn/DOT construct a noise wall. MOTION/SECOND: Marty/Thomas. To Waive the Reading and Approve Resolution 5745, a Resolution of Approval of Issues the City Intends to Bring Forward for Resolution and Discussion with the Trunk Highway 10 Interregional Management Team and Mn/DOT. Ayes - 5 Nays - 0 Motion carried. H. First Reading and Introduction of Ordinance 699, an Ordinance Amending Section 1006.04 of the Mounds View City Code Pertaining to Certificates of Occupancy. Community Development Director Ericson indicated that this Ordinance would amend Section 1006.04 of the City's Code to require a Certificate of Occupancy in order to be able to update data and provide emergency contact information for the emergency response people. He then commented that this is a good change and would assist with public safety. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Introduce the First Reading of Ordinance 699, an Ordinance Amending Section 1006.04 of the Mounds View City Code • Pertaining to Certificates of Occupancy. Ayes - 5 Nays - 0 Motion carried. I. Letter of Resignation City Administrator Miller asked Council to consider accepting the resignation of Patrick Toth effective Apri130, 2002. Council Member Marty commented that Patrick has been a very good employee who has been very dedicated to the City and will be missed. Mayor Sonterre commented that Mr. Toth had stayed on an extended amount of time beyond his first resignation letter and apologized that the City could not assist him with his position. MOTION/SECOND: Stigney/Thomas. To Accept the Resignation of Patrick Toth Effective April 30, 2002. Ayes - 5 Nays - 0 Motion carried. 8. SPECIAL ORDER OF BUSINESS • None. Mounds View City Council Regular Meeting 9. REPORTS April 8, 2002 Page 12 Council Member Marty pointed out that there is a nice letter from Jim Morries to City Administrator Miller concerning the performance of Kathy Osmonson. He then commended Ms. Osmonson for her outstanding performance. Council Member Marty asked the status of City Administrator Miller's six-month review. Mayor Sonterre indicated that Council would be receiving a form to fill out in the near future and said Brimeyer would be doing asix-month review as well as a to-date review for City Administrator Miller. Council Member Marty said he was under the understanding Brimeyer would do the six month review and Council was to do one on its own. Mayor Sonterre explained that Brimeyer would do a spreadsheet showing the comparisons in the two reviews for Council review. Council Member Stigney asked whether the City would be billed for that service. City Administrator Miller indicated the service should be included as part of the contract. She • then said Brimeyer had questioned how to do a six month review when she has been with the City for 18 months and that is why they are doing a six month and a more current review. City Administrator Miller thanked Council Member Marty for his diligence because she too would like her review done and it is not usually the responsibility of the employee being reviewed to instigate the process. Council Member Marty indicated the rotary dinner was Friday and it seemed to go well. He then asked City Administrator Miller where the City's ticket went. City Administrator Miller indicated she is the first designee from the City, Ms. Reed is the second, and Mayor Sonterre is the third and because she and Ms. Reed could not attend Mayor Sonterre attended. Mayor Sonterre clarified that the way the new membership is set up each City can designate three people from the one paying body. He then said he attended and sold all the tickets on behalf of the City. Council Member Marty said he thought the Mayor had his own membership. Mayor Sonterre indicated there had been some confusion but with the new policy it was suggested he attend as the third designee of the City. • Council Member Marty asked whether the fitness equipment bill had been paid. Mounds View City Council April 8, 2002 Regular Meeting Page 13 • Mayor Sonterre indicated he had given the check to Finance Director Hansen when he got to the meeting. Council Member Marty commented that all through February and March Mayor Sonterre had indicated he would pay at the end of March. Mayor Sonterre indicated he had brought the check with him last week but the Finance Director was not there. Mayor Sonterre asked if Council Member Marty had paid his bills. Council Member Marty said yes. Council Member Quick pointed out that Council Member Marty has two charges and asked whether both had been paid. Council Member Thomas provided a legislative update indicating not much progress is being made and session will more than likely go to May 20, 2002. Council Member Quick asked City Administrator Miller to ask Finance Director Hansen to • investigate his question concerning Council Member Marty's payment and provide an answer in memo form. Council Member Stigney indicated he would like to add to the work session agenda a discussion as to whether the budgets for legal fees for the commissions should be one account or separated out. Council Member Stigney asked that Staff provide rationale as to why things are being charged as it would save money in the long run because there would be no need to research the matter. Council Member Stigney pointed out that he had looked into the legal fees surrounding the collection of the $703.00 from Mayor Sonterre. He then indicated that to collect the $703.00 from Mayor Sonterre the City had spent $852.00 in legal fees. He further commented he is glad to hear it has been paid tonight and he is glad that it is over with but it should never have come to this as it should have been paid right away. Mayor Sonterre commented it should never have happened in the first place. Mayor Sonterre reported he had attended a meeting concerning the potential use of the TCAAP property. He then commented the list of attendees was impressive but said he felt more of the citizenry should be invited. i Mayor Sonterre indicated that the LaPort Meadows legislative bill had been held up in committee but had been moved to the calendar and should be approved in the coming weeks. Mounds View City Council Apri18, 2002 Regular Meeting Page 14 • Council Member Quick asked if there had been any discussion of recreational use of the arsenal property. Mayor Sonterre indicated that several hundred acres have been earmarked for recreation, wetland and park. 10. APPROVAL OF MINUTES A. March 25, 2002 Council Member Marty requested the following changes: On Page 2, third paragraph correct the spelling of "Meyer". On Page 16 $15,000 should be $1,500. On Page 25, center paragraph not sure how much Community Center charged said couple three hundred bucks but $200.00 is listed please check figure. On Page 26, third paragraph correct the spelling of "Gunn". City Administrator Miller requested the following change: On Page 9, second paragraph where Ms. Reed contacted focus it should read contacted the who contracts with the Focus to deliver the newsletter. She then indicated she would provide Staff with the correct name to insert. • Council Member Thomas provided City Administrator Miller with a wording change to the paragraph on the bottom of Page 21 and top of Page 22. Council Member Stigney asked whether the City Attorney had answered Mr. Jahnke's question from the bottom of Page 1. City Attorney Riggs indicated that later in the meeting he and Mr. Jahnke spoke concerning the matter. MOTION/SECOND: Marty/Thomas. To Approve the March 25, 2002, City Council Minutes as Amended. Ayes - 5 Nays - 0 Motion carried. Council Member Thomas indicated she had attended a meeting concerning the indoor air quality issues at Pinewood Elementary School and invited interested residents to contact her for further information. 11. CLOSED SESSION A. To Discuss Labor Negotiations • MOTION/SECOND: Thomas/Quick. To Recess to Closed Session to Discuss Labor Negotiations and to Adjourn from the Closed Session. Mounds View City Council April S, 2002 Regular Meeting Page 15 • Ayes - 5 Nays - 0 Motion carried. Council recessed to closed session at 9:00 p.m. to discuss labor negotiations. B. To Discuss Threatened/Potential Litigation 12. Next Council Work Session: Monday, May 6, 2002 Next Council Meeting: Monday, Apri122, 2002 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. • •