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HomeMy WebLinkAboutMinutes - 2002/05/13PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting May 13, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ~"'/~~/~ 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas (absent). 3. APPROVAL OF AGENDA A. Monday, May 13, 2002 City Council Agenda. MOTION/SECOND: Marty/Stigney. To Approve the May 13, 2002, City Council Agenda as presented. Ayes - 4 Nays - 0 Motion carried. 4. PUBLIC INPUT Mayor Sonterre asked that anyone wishing to speak before council avoid any personal attacks. Jerry Linke of 2319 Knoll Drive indicated he had requested the legal bills at the work session and has not received them. He then asked how long it would be before they would be available. City Administrator Miller indicated she had received the information this evening from the City Attorney and invited Mr. Linke to call her to make an appointment to view the information. Margaret Meyer of 2654 Louisa Avenue addressed Council and expanded on her proposal to gather a group of citizens and form a board to hear complaints to give people a way to air complaints without fear of retribution. She then said she would like this board to be empowered to end the highly charged atmosphere by determining the facts and seeking resolution as well as deal with issues in the future by investigating complaints with the intent of putting things to rest before they get this bad again. Ms. Meyer said the citizens bear the costs of all of this turmoil and it is her belief that the City Administrator should say what the figures are at the meeting out loud. She said that once the employees are back to work she would like to have the group empowered to hear issues and • Mounds View City Council May 13, 2002 Regular Meeting Page 2 suggested that either Don Hodges or someone of equal caliber be selected to choose the panel. She then indicated that she and the City Administrator were going to meet to discuss her e-mail. Steven Berg of 2614 Louisa Avenue indicated he had read in the paper that the Supreme Court recently ruled that a city council cannot go to closed session to discuss threatened or potential litigation. City Attorney Riggs indicated there is a lawsuit that exists and noted AFSCME has sued the City and the City has counter-sued. Mr. Berg commented he had heard that the Mayor had crossed the picket line to drive the beverage cart at the golf course. Mayor Sonterre indicated he had driven the cart from hole to hole at the golf course to converse with golfers in an attempt to calm some of the ill feelings caused by the strike. Mr. Berg asked how much the City has spent in attorney's fees on the strike. Mayor Sonterre indicated that Mr. Linke had requested that information and said it would be available for any citizen interested in viewing it. Gretchen Walbridge of 8072 Long Lake Road addressed Council and asked why Council feels it needs to go to closed session during the Council meetings. She then said she thinks it is rude to keep residents and those having business before Council wartmg and suggested that Council either have the closed session before or after the Council meeting or on another day. Mayor Sonterre indicated that Council would attempt to do so but noted there are times when legal counsel needs to advise the Council on a matter that is to be discussed during the meeting. Council Member Marty questioned whether the five minute meeting held in closed session after the end of the last Council meeting had anything to do with a lawsuit and asked why it was heard in closed session. City Attorney Riggs explained the session was closed for labor negotiation discussions and was done so by motion. Bruce Broeffel of 47 West Golden Lake Road indicated he had spoken to the Veteran's Affairs Office and that office informed him that the City should have a 100 point system for hiring. He then asked if the City has one. Assistant City Administrator Reed indicated she had spoken to the League of Minnesota Cities and was given information that the veteran's preference points is supposed to give veterans a slight edge when it comes to receiving an interview. She then indicated all veterans were interviewed and said that the League has said that the 100 point system would be ideal but, because the positions are seasonal, there is no need to use it as all candidates were interviewed. Mounds View City Council May 13, 2002 Regular Meeting Page 3 Mr. Broeffel commented that the City had faithful employees at the golf course with from 3 to ; years experience and asked why no preference was given to those applicants during the rehiring process. Assistant City Administrator Reed indicated all applicants were interviewed and asked about their availability to begin work. Some of those employees were available immediately and some were available at an undetermined date in the future and that was a factor in the hiring criteria. Mr. Broeffel commented that he and most of the grounds crew were available the day after the interview but were not offered jobs. He then asked if the City realizes that it has alienated its former employees and about 95% of the union people that golf at the golf course. He further commented that the strike is costing the City a lot more in attorney's fees than what it would cost to settle the strike. Mr. Broeffel said he thinks the City owes to the citizens of Mounds View to stop the strike. John Uline of 10953 Xylite Court, Blaine asked whether Ms. Reed and Mr. Longville felt that Mr. Mathis would have been qualified to interview last year's applicants before this all started. Mayor Sonterre indicated Council, at a work session, had discussed the hiring process and it was the majority opinion of Council that the new golf course manager should do the interviewing and hiring at the course and that was decided prior to Mr. Longville being hired. Mr. Uline commented that it obviously made no difference to Council whether the employees were ready to go when the course was ready to go. He then said he has to assume that the City kept the qualifications of the applicants from Ken Mathis. Mayor Sonterre indicated the hiring process was slowed because of the legal actions concerning the union. Mr. Uline asked if he was not hired because he joined AFSCME. Mayor Sonterre said absolutely not. Council Member Marty commented that he thought Mr. Longville started work in mid- April. Mr. Longville indicated he started on April 11, 2002. Council Member Marty indicated Council passed a Resolution to approve hiring two employees for the golf course in March. • Mounds View City Council May 13, 2002 Regular Meeting Page 4 Assistant City Administrator Reed explained that the City was in negotiations with Mr. Longville and found that he wanted to be part of the hiring process and the City felt that was a courtesy it wished to extend to Mr. Longville as the new golf course manager. Council Member Marty commented that the Resolution was passed at the first meeting in March to hire two seasonal employees. Nyle Rolfer of 7945 Long Lake Road addressed Council and indicated he had been receiving conflicting information concerning the City not wishing to rehire some retired men to work at the golf course. Mayor Sonterre encouraged Mr. Rolfer to call either him, another Council Member, or the City Administrator to obtain all the facts surrounding the situation. Mayor Sonterre clarified that the hiring process was slowed due to legal action and the hiring of a new manager. Mr. Rolfer indicated he has been golfing in the Silver Fox League for years and the golfers have always been happy with the employees up at the course. Jerry Serfling of 300 South Hartman Road, South St. Paul, AFSCME representative, addressed Council and asked them to have consideration for its older employees, for those that were not called back and for Marge Norquist's health insurance. Mr. Serfling indicated the union feels that the 100 point system is required to be a part of the selection process for hiring not just to obtain an interview. He then said that the hiring of the golf course employees is not part of the lawsuit. Jeremiah Anderson of 9025 Jefferson Street, Blaine addressed Council and said he has hope this matter can be resolved soon. He then commented that there are intelligent people on both sides of the issue and he is puzzled that this has not been resolved already. Mr. Anderson then said it takes a special kind of person to work in a public setting and asked Council to end the strike as quickly as possible. David Jahnke of 8428 Eastwood Road addressed Council and reminded them that several mayors have said that the golf course would not cost the residents any money and now residents are paying for it. Mr. Jahnke then said that he has been a union steward and, in his opinion, nobody wins in a strike because the City expends money for attorney's fees and consultant fees and families have to live on strike pay and employees have to walk picket lines rather than do their job. He then said he would like the strike resolved as quickly as possible to get the employees back to work. Mr. Jahnke commented he does not appreciate having to pay for the golf course and said it was time for something to change up there. Mounds View City Council May 13, 2002 Regular Meeting Page 5 Council Member Marty commented that there was a lawsuit associated with the golf course and the City lost the lawsuit against the developer due to knowledge that was possessed by some individuals in the City which cost the City $300,000. City Attorney Riggs clarified that the City actually won the lawsuit but it cost more in attorney's fees than what the City won. Council Member Marty indicated that, if the lawsuit had not cost the City $300,000, Springstead has said that the course actually made more money than it was predicted to make. He further commented that the course has been making money but cannot catch up because of the initial $300,000 in attorney's fees. City Administrator Miller commented that the numbers referenced by Springstead were given to them by the former finance director and the former golf course manager and, therefore, are questionable in validity. Frank Blaziak of 2361 LaPort Drive said if the course is making money settle the strike and get everyone back to work because without the workers there would be no profit. David Jahnke commented that for the first five years the course did not have to make any payments but, as soon as those payments needed to be made, the taxpayers were asked to pay the bills which says to him that the course is not making a profit. If it were, residents would not be footing the bill. Michelle Sandback of 2356 Sherwood Road said there have been numerous lawsuit related issues pertaining to the golf course. She then said she would like to have the names of the cities that the striking employees live in so that she can call and find out how much those residents are paying for health insurance for the employees of the City they live in to compare it with what the employees are asking the residents of Mounds View to pay. City Attorney Riggs indicated that the data practices law does not allow the City to disclose the homes of employees because that is not subject to public review like positions and job titles. He then said that she could ask the employees herself if she wished. Ms. Sandback asked the employees to either tell her how much they pay in their cities for their employees insurance or tell her which city they live in so she could call and find out. Mary Tatarek, 11162 Nassau Circle, Blaine commented that the AFSCME employees are simply asking for the same medical that the other unions within the City get. She then said they are asking for equality in Mounds View. Bruce Broeffel indicated it seems the City is under the impression the golf course employees are asking for more money but all they are asking for is their jobs back. Mounds View City Council May 13, 2002 Regular Meeting Page 6 Council Member Quick said he would like to know what AFSCME's proposals have been. City Administrator Miller indicated that most of the issues have been resolved with the only issue on the table now being health insurance and the offer is greater than what was made to the other employees so she is not sure where AFSCME sees the difference. City Administrator Miller indicated that one of the hottest issues has been Medicare supplemental insurance for one employee and it has been discussed in numerous ways. She then said the former finance director ignored City policy, IRS rules and regulations and, as the City found out on Friday, violated Medicare law to provide this supplemental policy to this employee. She then said that the mediator has found that the City cannot provide supplemental insurance to this employee because she qualifies for health care under the City's policy and that is per to Medicare law. City Administrator Miller indicated the other hot issue has been the rehiring of seasonal employees. She then said that, by definition, a seasonal employee has a start date and an end date and must reapply each year. She then commented that may not have happened in the past but last year City Staff made sure that each employee got a letter that listed the start date and end date. Those that reapplied were interviewed and offered positions based on availability. Edwin Benson of 5108 Long Lake Road indicted he was never offered a job. Mayor Sonterre indicated the latest version of the City's press release was on the table on the way out of the room and invited those interested to pick up a copy. 5. UNFINISHED None. 6. CONSENT AGENDA A. Just and Correct Claims B. Licenses for Approval C. Resolution 5768 Approving Severance for Patrick Toth D. Set Public Hearing to Consider an Off-sale Liquor License application for Keng Young for ABC Liquor at 2840 Highway 10 NE for Tuesday, May 28, 2002 at 7:05 p.m. E. Resolution No. 571 Approving the Purchase of a Replacement Bobcat Skidsteer Loader F. Set a Public Hearing for 7:10 p.m., Tuesday, May 28, 2002, to Consider a Preliminary Plat for the Mermaid Entertainment Facility Located at 2200 County Highway 10 G. Set a Public Hearing for 7:15 p.m., Tuesday, May 28, 2002, to Consider a Preliminary Plat Request from Cedar Management to Combine Properties Located at 7180 and 7190 Silver Lake Road Mounds View City Council May 13, 2002 Regular Meeting Page 7 H. Resolution 5769 Approving the Agreement for Festival in the Park Community Development Director Ericson asked that Item G be removed for discussion and noted that a representative from Cedar Management was in attendance to discuss the matter with Council. Council Member Marty requested that Items 6A, E, G, and H be removed for discussion. MOTION/SECOND: To Approve Consent Agenda Items 6B, C, D, and F as presented. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Quick/Sonterre. To Approve Consent Agenda Item A as Presented. Council Member Marty pointed out the check for moving expenses for the golf course manager in the amount of $4,000. Council Member Marty commented that the hotel expense for Deputy Chief Brennan in the amount of $224.20 was very affordable in light of some of the past hotel bills the City has received. Council Member Marty pointed out a check for general legal services on the AFSCME matter for $384.00 and for $4,588.14. Council Member Marty indicated Check Number 108167 to Labor Relations Associates for AFSCME consultant fees was in the amount of $2,985.00. Council Member Marty asked what the repair fee to Short Elliot and Hendriksen was for. Public Works Director Lee indicated the fee was for well number 5. Council Member Stigney asked whether the St. Paul Pioneer Press subscription includes a Sunday paper and how many daily papers it includes. Finance Director Hansen indicated he would look into the matter and provide an answer. Council Member Stigney said he would question why it would be necessary to include weekend delivery if the City is getting a Sunday paper. Council Member Stigney commented that he does not understand why the City continues to pay two different exterminators and said he feels the City should stop paying them if they are not eliminating the problem. Public Works Director Lee indicated he was not certain why there are two exterminators but said he would look into the matter when the contracts come up for renewal. Mounds View City Council May 13, 2002 Regular Meeting Page 8 Council Member Quick said there is no way to kill all the pests because it is an ongoing battle to stay ahead of them. Mr. Longville indicated it is not possible to get rid of all the pests in a specific species and noted it is a common practice to treat once a month as a preventative control. Council Member Stigney asked what the charge for the speaker on Page 9 was for. Finance Director Hansen indicated he would need to pull the invoice to obtain further information. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Quick/Stigney. To Approve Consent Agenda Item E as Presented. Council Member Marty commended Staff for finding a replacement and a larger model bobcat for less than the budgeted amount. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Item G as Presented. Community Development Director Ericson explained to Council that the applicant has expressed the desire to seek a waiver of the park dedication fee associated with this matter that is defined by Code as a subdivision even though it joins two lots. Steve Anderson of 1713 Maple Lane, Roseville addressed Council and explained his company, in the process of seeking financing for the business, learned that the use is a nonconforming use and his lender has asked that the property be brought into conformity. He then indicated the company has since learned that, as a part of that process, a park dedication fee of $14,000 would be due and they are seeking a waiver of that fee because approval of the request carries with it a limitation on future development. Mayor Sonterre asked Director Ericson to explain the limitation of development. Director Ericson explained that the Planning Commission had recommended approval with the condition that there would be no expansion of the facility. He also explained that the Planning Commission has recommended leaving the zoning of the second parcel as R-1 and requiring some type of easement to ensure that nothing is able to be constructed in the future. He then explained the applicant has not indicated approval of the conditions and said Staff has discussed a second scenario whereby one lot would become 125,000 square feet and the second lot would be left as an unbuildable outlot. Council Member Quick said he feels the City needs to require a fee. Mounds View City Council May 13, 2002 Regular Meeting Page 9 Council Member Marty said it is worth asking the question but Council's position has always been to require the fee. It was the consent of Council that a fee would be required. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Stigney/Sonterre. To Approve Consent Agenda Item H as Presented. Council Member Marty commented that he did not think the festival committee had been informed that this was to be on the agenda. Sherri Gunn of 8120 Red Oak Court indicated she was not informed that this was on the agenda at this meeting and noted she had received information tonight that informed her that the corporation is not of valid standing as a corporation. City Attorney Riggs said he wanted to make sure she was aware of that. Ms. Gunn indicated that due to numerous delays by the City she was forced to set up the golf tournament at the course in New Brighton and there is not time to change it now. Mayor Sonterre asked Ms. Gunn if she would like Council to table this matter until later in the meeting to allow time to review the contract. Ms. Gunn indicated she needed time to review the matter and said she does not think it is fair that she, as President of the festival, was not notified that this would be on the agenda for discussion. City Attorney Riggs apologized for the delay and said that he was out of the office for three days and his secretary did not get out the revisions. He then said he could send a blacklined copy to Ms. Gunn in the morning by e-mail that outlines the changes. Ms. Gunn said she is not comfortable having to make a decision on her own without reviewing it with the board and said she would like to have the matter tabled to the next meeting. City Administrator Miller indicated there may not be enough time to discuss the golf tournament if the matter is tabled to May 28, 2002. Ms. Gunn asked if signing the agreement would mean the festival would need to move the golf tournament. City Attorney Riggs indicated it would. Mounds View City Council May 13, 2002 Regular Meeting Page 10 Ms. Gunn indicated she cannot move the tournament because contracts have been signed and the tournament is all ready to go. She then said that if the contract is tied to the City's donation the festival politely declines to accept the donation and will handle the matter itself. Council Member Quick indicated the festival is not independent of the City and the festival does not have the right to proceed without a contract with the City. City Attorney Riggs indicated the League of Minnesota Cities as well as the City's insurance carrier has recommended a contract be in place to limit the City's liability and set out the duties of each party. Ms. Gunn commented she was under the impression that the contract was required last year because of the monetary contribution from the City. City Administrator Miller indicated the donation was a component of that but the insurance company would like a contract as well. City Attorney Riggs explained that, based on the recommendation of the League and the insurance carrier, because there is interaction with Mounds View Festival, Inc., and the City that does not happen with other permitted uses, a contract should be required. Mayor Sonterre asked whether the two items, hosting and the contract to adhere to particular standards, could be dealt with separately. City Attorney Riggs indicated that because of what Mounds View Festival, Inc., does the only way to ensure that the City can be named as a beneficiary on the insurance policy is to have a signed contract between the parties. Council Member Marty commented that this festival is the only fun thing that the City does for its residents and it seems as if Council is trying to kill the festival. He then said that the festival committee puts on the festival and it is not run by City Staff but by volunteers and the festival pays for any City services it uses. Council Member Stigney asked if it would be appropriate to remove the golf tournament component from the contract and handle it separately. Ms. Gunn indicated that she had spoken to City Attorney Riggs at the work session and was told that the golf tournament portion could be removed if handled by a separate entity. City Attorney Riggs asked if the golf tournament is handled by the same entity. Ms. Gunn indicted it is the same entity but said there is a separate checkbook. Council Member Stigney asked whether City Attorney Riggs felt it would be appropriate to remove the golf tournament from the contract since it is too late to relocate it at this point. Mounds View City Council May 13, 2002 Regular Meeting Page 11 City Attorney Riggs indicated it could be removed and the City could create a separate contract with Brightwood Hills for the golf tournament. City Attorney Riggs indicated that, unless the tournament is put on by a separate entity there would still be the insurance issues. City Administrator Miller asked why it is too late to switch the tournament to the Bridges. Wendy Marty of 2626 Louisa Avenue indicated she had contacted City Administrator Miller on January 10, 2002 regarding having the tournament placed on the work session agenda and was told no. She tried again later in January and was told no only to have the matter put on an agenda in February that she was not invited to. Ms. Marty indicated she has beverages set up for 200 golfers as well as three gifts for each golfer and then asked whether Mr. Longville felt this large of a tournament could be pulled together by June 15, 2002 if she started now. Mr. Longville indicated it would be easier to do a better job with more time. Ms. Marty indicated that the press releases have been sent to the newspapers as well as all the advertising prepared making it impossible to move the tournament at this late date. Council Member Quick commented that the City finds itself in another situation where an entity with no contract with the City has gone off and made plans without the knowledge or consent of the City and now wants to hold the City hostage for plans made. He then said he does not want to kill the festival but he does not find it appropriate that individuals go off on their own agenda without approval from the City. Pete Severson of 5172 Long View Drive indicated the festival committee spends months planning the festival and should have had a contract from the City in January. He then said the festival feels as if it is a hostage of the City because the City dragged its feet on getting a contract to them and, if the festival committee had waited, there would not have been enough time to plan the festival. Ms. Gunn asked Council Member Quick why he thinks the golf tournament is a separate entity. Council Member Quick said he thinks the golf tournament is part of the festival and he feels the festival should have complied with the contract and turned over the information that Council had requested concerning expenses and profits. City Administrator Miller indicated she had received a summary of expenses with no detail. Ms. Gunn indicated that what was given to City Administrator Miller is all that exists because this is a small town festival not a high buck operation. Mounds View City Council May 13, 2002 Regular Meeting Page 12 Council Member Quick indicated that running this City the small town way has gotten the City into trouble and he will not stand for any more buddy buddy stuff or anything that is shady or slight of hand. Mayor Sonterre agreed that Council Member Quick has asked in the past to see ledger specific detail. Ms. Gunn indicated she did not receive a request for the checkbook. The request was for expenses and donations and that is what was given to City Administrator Miller. City Administrator Miller indicated she had discussed the matter with the City Attorney and it was determined that the best way to solve the issue was to address it with the contract. Ms. Gunn said she feels as if Council thinks that she is trying to hide something and that is not the case. She then said the festival receives donations from the Lions, from the Chamber and from local businesses. Jerry Linke of 2319 Knoll Drive commented that forcing this entity by contract to do all of its fundraising in the City does not make sense because they are a separate corporation from the City. He then said he does not see a City liability issue and wonders how or why the City can demand that the festival have the golf tournament in Mounds View when it has nothing to do with the festival other than being a fundraiser for it. Mayor Sonterre commented that this is a City of Mounds View festival. Mr. Linke commented that the City of Mounds View has nothing to do with the festival and has washed its hands of it other than this contract. Council Member Marty indicated the festival split off to become a private entity in order to be able to raise funds for the festival to keep the taxpayers from paying for it. He then commented that he is concerned that the City insisting on having control of the festival could jeopardize the nonprofit status of the corporation. City Attorney Riggs indicated it is not a problem for the City to be joint owners in work products. Council Member Stigney commented it is too late to move the golf tournament this year and suggested removing the language concerning the golf tournament from the contract on the bottom of the first page, top of the second page and Exhibit C. MOTION/SECOND: Stigney/Marty. To Remove the Language Concerning the Golf Tournament on Page 1, 2, and Exhibit C from the Contract for This Year's Festival. Mounds View City Council May 13, 2002 Regular Meeting Page 13 Council Member Quick asked whether there was anything that would preclude this same thing from happening next year. He then said that last year Council made it clear that it wanted complete financial accountability on the festival a number of times and that has not happened as well as a request for the checkbook made. Ms. Marty said no one ever asked for the checkbook. City Attorney Riggs indicated that the financial reporting would still be required but there is no language in the document to require that the golf tournament return to Mounds View. Ms. Gunn indicated there has been no stonewalling and said the festival has not purposely kept information from Council. Council Member Quick indicated he has asked five times for the checkbook. Ms. Gunn indicated she gave City Administrator Miller what she asked for. Council Member Quick indicated he had asked Council Member Marty who is on the Festival Committee and Council Member Marty came up with figures out of his head which is when he asked him to provide solid figures. Ms. Gunn asked whether Council Member Quick would like information on the golf tournament or both. Council Member Quick indicated the agreement says both but the question concerned the golf tournament. He then commented that Council assumed that the profits raised were rolled back into the festival and were not aware that those funds were earmarked for other purposes. Mayor Sonterre indicated the contract will require the detailed level of information Council is seeking. He then said the specific request was not given to the Festival Committee. Council Member Quick commented that last year Council had asked for complete accountability and that has not happened which is why he is concerned. Council Member Marty commented that, as far as he is aware, the only Council Member that ever asked for the checkbook is Council Member Quick. Mayor Sonterre indicated that Council Member Quick had brought up the issue but it was Council directive to obtain that information. Ms. Gunn indicated separate checkbooks was her idea to make things easier to keep track of and now she is sorry she ever did it and noted the golf tournament is still part of the festival. Council Member Quick indicted he did not care how many checkbooks there are he would like complete accountability to keep things out in the open. Mounds View City Council May 13, 2002 Regular Meeting Page 14 • • Ms. Gunn indicated that requests should come to her as President of the Festival Committee. Council Member Quick indicated Council Member Marty is a member of the Committee. Mayor Sonterre indicated the new contract would satisfy the accountability aspect in the future. Council Member Marty asked whether Council Member Quick receives the Mounds View Matters. Council Member Quick commented that the Mounds View Matters does not come from the Festival Committee. Council Member Marty indicated that in the last issue of Mounds View Matters under Y Partners Contributors the Festival in the Park Committee was listed for its contribution. Ms. Gunn indicated it was originally started as a fundraiser to set up golf lessons for kids in the community that cannot afford them which the Festival Committee felt it could do because it was a separate entity from the City. Council Member Quick asked if the City knew money was being sent to the YMCA. City Attorney Riggs indicated the City was not aware of that. Mayor Sonterre asked if there were terms that said profits had to be rolled into the festival. City Attorney Riggs indicated that was not covered. Council Member Quick indicated that was never brought out. Ms. Gunn indicated it is not a shady thing. Mayor Sonterre indicated the motion by Council Member Stigney would allow the organization to have the golf tournament in New Brighton for 2002. City Attorney Riggs asked for latitude with the motion to be allowed to work with the Festival Committee to make sure the proper entities are formed and the insurance issues are handled appropriately. The Motioner and Seconder agreed to the friendly amendment. Ayes - 4 Nays - 0 Motion carried. • Ms. Gunn asked for clarification as to whether the Festival needs this contract if it does not take the City's contribution. Mounds View City Council May 13, 2002 Regular Meeting Page 15 • City Attorney Riggs indicated that it is his recommendation that the contract is required to deal with insurance issues regardless of whether the donation is accepted. Council Member Marty indicated he was concerned that there were no figures for Staff time in the exhibit. City Administrator Miller indicated that item was added because she had learned that Mr. Toth was involved in the Festival last year and she is not opposed to deleting it from the contract. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 5769, a Resolution Approving the Agreement for Festival in the Park as amended. Ayes - 4 Nays - 0 Motion carried. Mayor Sonterre indicated that Item 6I, Resolution 5770, a Resolution Proclaiming May 14, 2002 as Arbor Day should have been added to the Consent Agenda. MOTION/SECOND: Stigney/Marty. To Approve Resolution 5770, a Resolution Proclaiming May 14, 2002 as Arbor Day. • Council Member Stigney requested that the Resolution be read. Mayor Sonterre read Resolution 5770. Ayes - 4 Nays - 0 Motion carried. 7. COUNCIL BUSINESS A. Public Hearing to Consider a Liquor License Transfer for Robert's. This item will be heard at the May 28, 2002 meeting. B. Public Hearing to Consider Resolution 5760 Certifying Special Assessment of the Service Availability Charge to Gas `N Splash. Mayor Sonterre opened the public hearing at 9:09 p.m. Finance Director Hansen explained the issue surrounding the Service Availability Charge and noted that Staff is recommending a five year payment arrangement with a 7% interest rate with the security of knowing the amount due is certified to the taxes and will ensure the City is paid. David Jahnke of 8428 Eastwood Road asked how soon the assessment could be certified to the taxes because there is talk the station will be sold and he wants to make sure the City is paid. Mounds View City Council May 13, 2002 Regular Meeting Page l6 Mayor Sonterre explained that the reason so much time has passed is the Metropolitan Council was asking the City to pay and the City was asking Gas `N Splash to pay and the City only recently paid the amounts to the Metropolitan Council and began attempting to collect from Gas `N Splash. Mr. Jahnke commented that somebody should have known the City would have to pay the Metropolitan Council. Finance Director Hansen indicated he had spoken to the loan official working on the sale of the property and informed them of the pending special assessment so he feels there is a good chance the City will collect at closing. Community Development Director Ericson indicated that once the amount is certified to the taxes the guarantee is 100% that the City will be paid. Mayor Sonterre asked how long it would take to have the assessment show up on the property records at Ramsey County. Finance Director Hansen indicated the property owner has 30 days to pay the amount after the amount is certified and Ramsey County will not file it until after the expiration of that 30 days. Mayor Sonterre closed the public hearing at 9:18 p.m. i MOTION/SECOND: Stigney/Quick. To Waive the Reading and Approve Resolution 5760, a Resolution Certifying Special Assessment of the Service Availability Charge to Gas `N Splash. Ayes - 4 Nays - 0 Motion carried. C. Resolution No. 5762, a Resolution Approving Plans and Specifications and Authorization to Advertise for Bids for the County Road H2 Street Project. Public Works Director Lee gave a brief overview of the H2 project and listed for Council the minor changes made since the original plan. He also noted that Council can change the project at any time during construction by use of a change order. Bids will be accepted in June with construction to begin in mid-July. He then noted that a neighborhood meeting would be scheduled prior to the start of construction. Council Member Marty suggested changing deputy clerk to City Administrator in the Resolution and then asked if it would be possible to put the utilities underground as part of the project. Public Works Director Lee indicted he could approach Xcel concerning putting the utilities underground but said they have not been inclined to do so in the past due to costs and related maintenance issues. Council Member Stigney asked whether there were any other issues with the project. Mounds View City Council May 13, 2002 Regular Meeting Page 17 Public Works Director Lee indicated everything has been covered. Council Member Quick asked if anyone had discussed a parking lane by the theatre as well as doing something with the strip that is all brush. Public Works Director Lee indicated that he looked into the matter and there is 300 feet for parking that would equate to 12 to 15 parallel parking stalls. Council Member Quick asked whether the landowner had been contacted. Public Works Director Lee agreed to do that. Mayor Sonterre suggested asking the theatre to pick up the costs for landscaping and adding parking. Public Works Director Lee indicated the estimate for the project would be $9,000. Council Member Marty indicated a Resolution was passed for no parking and said he would like residents notified if Council is going to be adding parking. He also commented that removing the landscaping to add the parking does not Leave much for screening homes from the theatre. i Council Member Marty indicated that what was initially approved was for 50 to 75 feet of trees and bushes to remain untouched and there were trees that were cut that should not have been. Council Member Quick pointed out that most of the trees taken out were trees afflicted with oak wilt. Public Works Director Lee indicated that the addition of parking would need to be reviewed by the state. Council Member Stigney commented that by adding parking and a trail it opens up the space more and there is less room for a buffer. He also commented that the theatre is to provide its own parking not the City. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 5762, a Resolution Approving the Plans and Specifications and Authorization to Advertise for Bids for the County Road H2 Street Project. Ayes - 4 Nays - 0 Motion carried. • Mounds View City Council May 13, 2002 Regular Meeting Page 18 D. Resolution 5763, a Resolution to Consider Approval of a Development • Review for aSix-Unit Multi-Family Facility at 7746 Silver Lake Road. Community Development Director Ericson reviewed the proposal for Council and indicated that Staff and the Planning Commission recommend approval of the project. He then read the stipulations contained in the Resolution. Council Member Stigney asked whether the parcel had always been zoned R-3. Director Ericson indicated that 20 years ago a minor subdivision and rezoning were approved for this parcel. Council Member Stigney asked whether Council would have any justification to deny the development review request. Director Ericson indicated Council could deny approval if the proposed development did not meet the Code requirements or would be out of place on the property. He then indicated that, in this case, all code requirements have been met with the proposal. Council Member Stigney commented that this could become Section 8 housing and he does not support it because the City has enough rental housing. • Director Ericson pointed out that the piece of property to the south had been requested to be rezoned and the Planning Commission denied that request in an effort to limit rental housing in the City. He also noted the applicant does not intend this property to be a low rent property. Council Member Marty indicated the City has a history with this property owner and has had no problems with him. He further noted that the applicant has complied with every request of Staff in an effort to form a good relationship with the City. Council Member Quick asked by what means or by what authority the Council would have to rezone any R-3 parcels. Director Ericson indicated that the zoning would need to be consistent with the City's Comprehensive Plan. Council Member Quick commented that, if the City wanted to rezone those R-3 parcels the City would need to amend its Comprehensive Plan and then rezone those properties. He further noted that he is not in favor of any more rental housing either but this cannot just be done there is a process to go through. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5763, a Resolution to Approve a Development Review for aSix-Unit, Multi-Family Facility at 7746 . Silver Lake Road. Mounds View City Council Regular Meeting May 13, 2002 Page 19 • Ayes - 4 Nays - 0 Motion carried. E. Resolution 5764, a Resolution in Support of Fire Regulation 6-02 Governing Sale, Manufacturing, Storage, and Use of 1.4G Fireworks as Legalized by the State Legislature and Signed into Law by Governor Ventura. Fire Chief Zikmund briefly explained that this Resolution is a reaction to the recent law legalizing the use of 1.4G fireworks. He then asked Council to support it and noted Spring Lake Park and Blaine have done so. Mayor Sonterre complimented Fire Chief Zikmund on providing a thorough and prompt response in such a short time period. Council Member Marty indicated he was pleased with the addition of banning fire works during a drought event. Mayor Sonterre pointed out that the misdemeanor fines are set by the state and not the City. Council Member Marty thanked Fire Chief Zikmund for incorporating Council Member Thomas' concern by adding 6.1 to the document covering a disposal fund. • MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5764, a Resolution in Support of Fire Regulation 6-02, Governing the Sale, Manufacturing, Storage, and Use of 1.4g Fireworks as Legalized by the State Legislature and Signed into Law by Governor Ventura. Ayes - 4 Nays - 0 Motion carried. F. Request to Purchase Materials for the Golf Course. Golf Course Manager Longville addressed Council and explained the options for repairing the ninth green as well as the other less damaged greens. Mr. Longville indicated that it would be his preference to seed the greens but, in light of the difficult spring conditions the soil temperature has not been conducive to seed germination. He then said that, since seeding is not the best option, he would recommend using a sod that has been washed in order to eliminate the layering of soils. He also noted that the existing turf would be removed from the ninth green and used to patch the other less damaged greens at the course. Council Member Stigney asked whether there was any assurance that the sodding would be successful. Mr. Longville indicated that he is in the process of having soil testing done to determine whether a chemical that appears to have been dumped on the green is still present in the soil. He further commented that due to the thatch problem at the course it maybe that the chemical did not reach Mounds View City Council May 13, 2002 Regular Meeting Page 20 • the soil. He then explained that he and his staff are committed to doing everything that needs to be done to ensure success of the sod but are at the mercy of the weather and things beyond their control. Council directed Golf Course Manager Longville to proceed with his recommendation to use washed sod to repair the ninth green. 8. SPECIAL ORDER OF BUSINESS A. Resolution 5765 Accepting a Donation from Boy Scout Pack 167 t Finance Director Hansen indicated the Boy Scouts have donated $120.00 to purchase a tree for Hillview Park. He then noted the City Forester would purchase the tree and it would be planted on May 22, 2002. Council Member Stigney asked that the Resolution be read. Resolution 5765 was read. MOTION/SECOND: Quick/Marty. To Approve Resolution 5765, a Resolution Accepting a Donation from Boy Scout Pack 167. Ayes - 4 Nays - 0 Motion carried. B. Resolution 5766 Accepting a Donation from Capital Beverage Sales Finance Director Hansen indicated that Capital Beverage Sales has donated $500.00 to the City towards the purchase of exercise mats for the recreation program. This fundraising campaign was started by the Mermaid to aid in the purchase of mats for the Aikido training taught by Officer Keckeisen. The mats are expected to cost around $2,000 and the fundraising is continuing. MOTION/SECOND: Marty/Stigney. To Approve Resolution 5766, a Resolution Accepting a Donation from Capital Beverage Sales. Ayes - 4 Nays - 0 Motion carried. C. Resolution 5767 Accepting a Donation from East Side Beverage Company. Finance Director Hansen indicated that East Side Beverage Company has donated $500.00 toward the purchase of exercise mats for the recreation program. Mayor Sonterre Resolution 5767 and indicated the same language applied to Resolution 5766. Mounds View City Council May 13, 2002 Regular Meeting Page 21 MOTION/SECOND: Marty/Stigney. To Approve Resolution 5767, a Resolution Accepting a Donation from East Side Beverage Company. Ayes - 4 Nays - 0 Motion carried. 9. REPORTS City Administrator Miller reported she had received a ruling from the Department of Economic Security that indicates that the decision to deny Former Finance Director Kessel's unemployment benefits has been upheld. She then read a portion of the document and it is as follows: ****Insert Here City Administrator Miller indicated that Mr. Kesel has one more chance to appeal the decision to the State Court of Appeals. Council Member Quick asked that the public works department look into the heating and cooling in Council Chambers before the summer cooling season starts. Council Member Marty asked whether the City has posted the Chief of Police position. . City Administrator Miller indicated she would check with the Assistant City Administrator and find out. Council Member Marty asked the status of City Administrator Miller's six month, one year and year and a half evaluation. Mayor Sonterre indicated that he had placed review forms in Council boxes and asked that those be completed and returned to Assistant City Administrator Reed as soon as possible. Council Member Marty indicated he did not receive one. City Administrator Miller indicated she would make a copy for Council Member Marty. Council Member Marty indicated he would like to review the attorney bills for 2001 and 2002 in summary form. City Administrator Miller indicated there is a flow chart available for viewing but noted it does not provide detail. Council Member Marty asked for a key to City Hall. City Administrator Miller indicated she would get a key for Council Member Marty after the meeting. Mounds View City Council May 13, 2002 Regular Meeting Page 22 Council Member Stigney indicated he needed a key to City Hall also and then asked for a summary of the sale prices of the vehicles sent to auction. Council Member Marty indicated he had spoken to Deputy Chief Brennan and learned that the City had gotten better prices than expected. Mayor Sonterre indicated that Senate File 2727 had passed the House and Senate and been signed by the Governor. He then said that Ramsey County has said that documents will be available within four weeks. Mayor Sonterre reported he had attended a Blue Print for Success meeting in Shoreview concerning planning for transportation, housing and infrastructure in the year 2030 because there is expected to be one million more people in the metropolitan area by that date. He then offered to provide information on upcoming meetings if anyone was interested in attending. Mayor Sonterre publicly thanked the City's Police Department and Ramsey County for responding to the police situation at a Mounds View apartment complex involving a heavily armed gunman. The man was apprehended and no one was injured. Mayor Sonterre publicly thanked the Police Department and Ramsey County for responding to a situation in the mobile home park that turned out to be an explosive devise filled with metal • scraps and glass. The bomb squad was able to diffuse it and no one was injured. Mayor Sonterre indicated the emergency personnel that serve the City have done a wonderful job with protecting residents and he wanted to publicly thank them. Council Member Marty reported he had attended a Northwest Youth and Family Services meeting and noted that a new quarterly report that will be easier to understand is in the works. Council Member Marty indicated he had spoken to a representative from Rice Creek Watershed District and learned that the District is leaning toward not constructing the Greenfield ponding project. He then asked to have discussion of whether the City is interested in having a holding pond on the portion of land north of Highway 10 between the golf course and Sysco be placed on a work session agenda. Mayor Sonterre indicated the City should ask Rice Creek to provide an explanation as to why this project would not come to fruition after considerable time and effort had been given to it. Council Member Quick asked whether Council Member Marty had gotten his information while attending a meeting with Rice Creek. Council Member Marty indicated he had received a call from a citizen and had then done some calling on his own and this is his unofficial feeling. • Mounds View City Council May 13, 2002 Regular Meeting Page 23 10. APPROVAL OF MINUTES A. Minutes for April 8, 2002 Council Member Marty asked that the spelling of Brimeyer be corrected throughout the document. MOTION/SECOND: MartyJQuick. To Approve the Minutes of the City Council Meeting for April 8, 2002 as amended. Ayes - 4 Nays - 0 Motion carried. B. Minutes for Apri122, 2002 Council Member Marty asked whether Staff was able to provide information for the blanks in the minutes. Council asked that Staff review the tape and determine whether the residents speaking could be identified and whether the missing information could be obtained and inserted into the document. MOTION/SECOND: Marty/Quick. To Table Approval of the April 22, 2002 Minutes for Further Information. • Ayes - 4 Nays - 0 Motion carried. 11. CLOSED SESSION A. To Discuss Labor Negotiations MOTION/SECOND: Quick/Marty. To Recess to Closed Session to Discuss Labor Negotiations and to Adjourn from the Closed Session. Ayes - 4 Nays - 0 Motion carried. Council recessed to closed session at 10:35 p.m. to discuss labor negotiations. B. To Discuss Threatened/Potential Litigation City Attorney Riggs indicted that actual litigation would be discussed. 12. Next Council Work Session: Monday, June 3, 2002 Next Council Meeting: Tuesday, May 28, 2002 Mounds View City Council May 13, 2002 Regular Meeting Page 24 • 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. • C