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HomeMy WebLinkAboutMinutes - 2002/08/12PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA f`y"~~~i~~Bm~ 1. MEETING IS CALLED TO ORDER Regular Meeting August 12, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, August 12, 2002 City Council Agenda. r~ Assistant City Administrator Reed requested that the resignation of Jerry Skelly from the Cable Committee be added to the agenda. Council Member Marty requested that canceling the Rotary Club membership be added to the consent agenda. Assistant City Administrator Reed explained that canceling the membership would be effective in 2003. Council Member Stigney requested that the item be placed on the agenda for discussion. Mayor Sonterre added the Rotary Club discussion as Council Business Item E. City Attorney Riggs indicated that the agenda contained one item of correction as Item 11 B should indicate pending litigation rather than threatened or potential. He then indicated that should be a permanent change to the agenda. MOTION/SECOND: Marty/Stigney. To Approve the August 12, 2002, City Council Agenda as amended. Ayes - 5 Nays - 0 Motion carried. • Mounds View City Council August 12, 2002 Regular Meeting Page 2 • 4. PUBLIC INPUT David Jahnke of 8428 Eastwood Road indicated he had watched the work session and was concerned with the police budget discussion. He then said that the fact that the department issued half the tickets should be considered during the budgeting process. Mr. Jahnke indicated he did not think that all of the roads in the City needed to be uniform. He then said that the fact that the government had decided that the roads needed to be this way should make you stop and wonder because the government used to say that the roads had to be 52 feet wide so emergency vehicles could pas going 70 mph. Mr. Jahnke indicated he had a real concern with the Kennedy & Graven discussion and he feels it is a very serious thing that Mr. Long was discussing with the golf course manager things about the City Administrator. Mr. Jahnke indicated he is concerned that the City is spending so much money on the golf course and he feels the City should re-examine its priorities as there will be very young children who have to walk to school due to budget cuts and perhaps the City should look at using its money to help with that rather than funding a golf course. Mr. Hammerschmidt approached the podium to speak. S Council Member Quick requested that, in light of past statements made by Mr. Hammerschmidt, that the Mayor not allow him to speak. He further commented that he does not feel that the City needs to give Mr. Hammerschmidt a platform to launch personal attacks and further said that allowing him access could jeopardize the City legally. Mayor Sonterre indicated he had discussed the previous comments of Mr. Hammerschmidt with the City Attorney and asked him to comment. City Attorney Riggs explained that Council has the discretion to handle the meetings as they see fit but noted the Charter says there is a citizen comment period but Council does have the discretion to not entertain the comments. Council Member Quick asked Mr. Riggs to define citizen comments. City Attorney Riggs indicated the Charter does not define citizen but the inference would be a citizen of Mounds View. MOTION/SECOND: Quick/Sonterre. To Deny Mr. Hammerschmidt the Right to Make Comments. Council Member Quick commented that he did not think it would be wise to allow Mr. Hammerschmidt access as he has not demonstrated that he can conduct himself properly. • Mounds View City Council August 12, 2002 Regular Meeting Page 3 Council Member Stigney commented that there is a thing in this country called freedom of speech granted by the Constitution. He then said that if Mr. Hammerschmidt is out of line with his comments it is the Mayor's responsibility to gavel him down but to stifle his nght to speak before anything comes out of his mouth is inappropriate. He further said that he was in the service for years and this is what he fought to protect and he could not be more against this motion because Mounds View does not grant citizenship either. Council Member Thomas commented that she did not feel it was the Council's responsibility to deny access to anyone. She then said, however, it is Mr. Hammerschmidt's duty to maintain himself in a dignified and respectful manner and Council should encourage him to do so and let the community know the comments will be kept to an appropriate topic. Council Member Marty said Mr. Hammerschmidt has the right to freedom of speech under the Constitution. He also said that the City's Charter gives him the right to speak and this motion would be in violation of both of those. He further stated that the Charter states that all meetings are open to the public and citizens can speak and to censure Mr. Hammerschmidt before he has even had a chance to speak he does not agree with. Council Member Thomas clarified that, while the Charter does say there is an opportunity for public comment, Council is given the right to discretion. Council Member Stigney indicated his interpretation of the Charter is that the Mayor conducts the meeting and has the discretion, if someone is not using the proper decorum, to make sure that they do or not allow the comments to continue. Council Member Marty commented that he did not see how they could censure someone before he even opened his mouth. Council Member Quick said he disagreed because the last time Mr. Hammerschmidt spoke it was nothing but personal attacks, exaggerations, and misinterpretations and he feels his track record more than justifies denying him access to the microphone. He then commented that, if the lies and innuendoes were directed at Council Member Marty he may feel differently. He further stated that, because Mr. Hammerschmidt is not a resident of this City, he feels that Council has no reason to give him access to the microphone. Council Member Stigney commented that citizenship to him means a citizen of the United States not just a citizen of Mounds View. Council Member Quick commented that the City Attorney had said that the inference would be that citizen meant a resident of Mounds View. Council Member Marty said, "that is your opinion Council Member Quick and you have a right to it but he is of a different opinion and wanted to so state." Council Member Marty added that he agreed with Council Member Stigney that a citizen of the United States is a citizen. Mounds View City Council August 12, 2002 Regular Meeting Page 4 Mayor Sonterre indicated he had second the motion because he thought it would make for good discussion and it had, however he would vote not to deny Mr. Hammerschmidt. Council Member Quick commented that it would be a four to one vote and he trusts that the Mayor will gavel down Mr. Hammerschmidt when the exaggeration and personal attacks begin. Ayes - 1(Quick) Nays - 4 Motion failed. Mr. Hammerschmidt gave his address as 716 Highway 10, Blaine, Minnesota. Mayor Sonterre asked if 716 was his address. Mr. Hammerschmidt explained that 716 is a personal mail box. Council Member Quick commented that Council required Mr. Serfling to list his home address. There was consent to allow Mr. Hammerschmidt to list his personal mailbox address rather than his actual residence. Mr. Hammerschmidt explained that after he was dismissed by the City someone smashed his van with baseball bats and his car was filled up with sand and other things and that is why he uses the . personal mailbox. Mr. Hammerschmidt indicated that he had asked Mayor Sonterre whether he would be allowed to speak at the work session last week and was told that Council had already decided he would not be allowed to speak. He then said he had gone to the Charter Committee meeting and the interpretation was that the work session was to contain a citizen comment period. He also asked who decided there would be no citizens forum at the work session. Mayor Sonterre said he disagreed with Mr. Hammerschmidt's memory on this issue as he was in the middle of talking with Council Member Thomas when the question was asked. He then said that he had anticipated that Mr. Hammerschmidt would speak at that meeting and was surprised that he left. Mr. Hammerschmidt asked if there would be time on the work session agenda for citizen comments in the future. Mayor Sonterre indicated it would be his recommendation that the City Council discuss the change at the next work session but said, in the past, Council has given residents the opportunity to speak even though nothing was noted on the agenda. He then asked City Administrator Miller to add it to the work session agenda. Council Member Stigney said he saw no reason to discuss the matter at a work session because the Charter Commission has interpreted and recommended that a citizen comment period needs to be added to the work session agenda. Mounds View City Council August 12, 2002 Regular Meeting Page 5 • • Council Member Marty suggested making a motion on the matter because he sees no reason to wait two months. Council Member Thomas commented that by fixing the agenda with a portion of the agenda dedicated to each agenda item Council should forget the work session and have regular meetings. She then said that the public is never turned away if they wish to speak but she feels the work session would not be effective if the agenda were to be fixed. Council Member Stigney said he disagreed with the statements made as the public has sometimes been allowed to speak and other times not. MOTION/SECOND: Stigney/Marty. To Add a Public Comment Section to the Work Session Agenda and All Public Meetings to Conform with State Statute and the City's Charter. Council Member Marty said he did not think the public comment section would be a lengthy topic as there are generally one or two citizens at the work sessions. He then said he does not see what the big deal is because per the Charter citizens can speak at any public meeting. Council Member Stigney said he feels that, if someone brings in something for discussion that is not on the agenda, Council should add it to the work session rather than closing the doors. Council Member Thomas said she abhorred the concept that in order to be a public meeting that people can only come in and speak at one point during the meeting. She then said she is fully in support of leaving the meeting open for resident comment but feels it is unnecessary to fix the agenda that way and finds it inexcusable to confine comment to one spot on the agenda. Council Member Marty commented that he has heard in the past that if an item is not on the agenda residents cannot speak on it. Council Member Stigney indicated that putting it on the agenda everyone knows they will have an opportunity to speak and knows when it will be. He then said it is a common courtesy rather than having to ask. Ayes - 2 Nays - 3 (Thomas/Sonterre/Quick) Motion failed. • Mr. Hammerschmidt asked how to approach the speaking at the work session. Mayor Sonterre recommended letting someone know he wants to speak. Mr. Hammerschmidt said he did not feel comfortable interrupting the discussions. Mayor Sonterre indicated Council would be taking comment at work sessions. • Mounds View City Council Regular Meeting August 12, 2002 Page 6 Council Member Stigney asked to continue with the original intent of the City Administrator to discuss the matter at the work session because his motion was denied. MOTION/SECOND: Stigney/Marty. To Amend the Agenda to Include Item 7F, a Discussion of Taking Public Comment at the Work Session. Ayes - 5 Nays - 0 Motion carried. Jerry Linke of 2319 Knoll Drive indicated he was informed by someone who previously spoke that the television is now playing the last work session. Mr. Linke commented that he would hope that the comments concerning personal attacks would apply to when residents are speaking of former Council Members as well. 5. JUST AND CORRECT CLAIMS Council Member Marty asked for clarification on Check Number 108918. Mayor Sonterre noted the Finance Director was not at the meeting and the questions would be answered at a later time. Council Member Marty asked for clarification on the repairs to the night owl lens. Public Works Director Lee indicated it is a public works item and was a sewer televising camera previously approved by Council. Council Member Marty asked for clarification of Check Number108924 for Nextel Communications for $709.37. Council Member Marty asked for clarification on Check Number108960 to the Days Inn for $55.95. Acting Chief Brennan indicated there is an account funded by the Lions for use in domestic abuse situations to put someone up overnight. Council Member Marty pointed out the check for the Golf Channel for $413.00. Council Member Marty asked for clarification on the pencils for $189.00, correct claims for 108918 and 108924. Council Member Marty asked for clarification of Check Number 108985 to Kennedy & Graven for legal fees for the Charter Commission for $342.00. City Attorney Riggs said he did not have a bill but he assumes it deals with agenda Item 7a. Mounds View City Council August 12, 2002 Regular Meeting Page 7 Council Member Marty asked if the Mermaid and golf course billboard lease were being billed for reimbursement. Mayor Sonterre indicated the Finance Department was asked to edit the report to indicate which items are reimbursable. Council Member Marty commented that there was a bill for the Hammerschmidt matter from Kennedy Graven for $766.00. Council Member Marty asked for clarification on Check Number 1090001 to MMKR for $9,686.00. City Administrator Miller indicated it was for the audit of the financial statements for 2001. Council Member Marty asked if it was the final statement. City Administrator Miller said she did not think so. Council Member Marty asked if Check Number 109012 for $2,632.00 was for a water line break. Public Works Director Lee indicated that it was. Council Member Marty asked how the City is doing with regard to the funds in the water and sewer fund for repairs. He then said that the amount seemed high for one location. Public Works Director Lee said the amount was a standard amount for a water service repair and then said that the account will need to be reviewed to make sure the policy of $4.00 per quarter is adequate to fund the account. Council Member Quick said he remembers at one time the City paid $28,000 to repair water for someone. Council Member Marty asked for clarification of Check Number 109022 to Strikers for two vests in the amount of $639.95. Acting Chief Brennan indicated that when all the vests have been purchased he will be seeking reimbursement of the full amount from the grants the City is entitled to. Council Member Stigney asked for clarification of Check Number109029. Public Works Director Lee indicated it was a new utility truck. Council Member Stigney asked what the charge for the Twin Cities North Chamber of Commerce for $16.00 was for. Mounds View City Council August 12, 2002 Regular Meeting Page 8 • Community Development Director Ericson indicated the cost was for a luncheon that Aaron Backman attended. He then noted that Mr. Backman is a member of the board. Council Member Stigney asked whether the City pays dues. Director Ericson indicated the City pays dues out of the EDA budget. MOTION/SECOND: Marty/Thomas. To Approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. • 6. CONSENT AGENDA A. Contractors Licenses for Approval B. Resolution 5819 Appointing Election Judges for the State Primary and General Elections C. Resolution 5807 Authorizing Renewal of Police Training Contract with Century College D. Resolution 5812 Declaring Official Intent to Issue Bonds for the County Road H2 Project E. Resolution 5811 Awarding the Construction Contract for the Hillview Park Shelter Building F. Resolution 5822 Adjusting Severance/Retroactive Pay for Ron Huston G. Resolution 5814 Awarding the Construction Contract for the Well Number 2 Building Exterior Restoration Project H. Resolution 5816 Supporting Ramsey County Library 2003 Initiatives I. Resolution 5817 Authorizing Severance Payment for Lois Lestina-Yost Council Member Thomas requested that Item H be removed for discussion. Council Member Stigney requested that Item E be removed for discussion. Council Member Marty requested that Item C be removed for discussion. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Items A, B, D, F, G, and I as Presented. Ayes - 5 Nays - 0 Motion carried. C. Resolution 5807 Authorizing Renewal of Police Training Contract with Century College. t Council Member Marty asked how much training was required for each officer per year and whether this would cover the requirements to stay in compliance. Mounds View City Council August 12, 2002 Regular Meeting Page 9 Acting Chief Brennan indicated that 48 hours are required every three years. He then said that the only two not provided by this program are firearms training and pursuit driving. Council Member Marty asked if this was a budgeted item. Acting Chief Brennan indicated the amount was in the budget. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5807, a Resolution Authorizing the Renewal of Police Training Contract with Century College. Ayes - 5 Nays - 0 Motion carried. E. Resolution 5811 Awarding the Construction Contract for the Hillview Park Shelter Building MOTION/SECOND: Thomas/Sonterre. To Waive the Reading and Approve Resolution 5811, Awarding the Construction Contract for the Hillview Park Shelter Building. Council Member Stigney commented that this contract would be for the relocation of the air conditioning unit to the attic space and it is being bid separately. Public Works Director Lee indicated that Eberts does not do that type of work and the better i location would be up in the attic so the City is looking for other contractors to do the work. Council Member Stigney commented that, since it is on the ground and should not have been and there was an architect out there he would like to know if there is any liability on the part of the architect for placing it there. Public Works Director Lee indicated that he is not sure why the architect in this case would have designed it this way and he feels the design is questionable. Council Member Stigney asked if the City contacted the designer to them to pay to relocate the air conditioning unit. Public Works Director Lee indicated he had not done so and said he feels the same frustration with what he feels is a substandard design. He then said he would call the architect and ask for assistance with paying for the project. Council Member Quick questioned who determined putting the air conditioner inside under the roof was a good idea. Public Works Director Lee indicated that several contractors looked at it and determined that putting it in the attic was the best option. He then said that it would be in the gable end and air would be pulled in to cool the condenser and this is a very common design. Mounds View City Council August 12, 2002 Regular Meeting Page 10 Council Member Marty indicated this issue first came up at the time of the dedication of the shelter when there was comment that the air conditioner would be susceptible to vandalism located on the ground. He then said that Public Works Director Lee has said that it would be more cost effective to put it in the roof and the rest of the Park and Recreation Committee agree with him. Jerry Linke of 2319 Knoll Drive said he feels the attic is the worst place to put it unless the pan is indestructible. He then said, if the pan deteriorates and leaks, they City will end up replacing the ceiling. He also commented that it is virtually impossible to ventilate it well enough in the attic. d Mayor Sonterre asked to whom the original plan would have been submitted. Public Works Director Lee indicated this happened before he was hired but said he would assume that it came to public works and then to Council for approval. Mayor Sonterre commented that the City would have some responsibility for approving the plan. Council Member Stigney asked Staff to further research whether locating the air conditioner in the attic is a good idea based on the input from Mr. Linke. Ayes - 5 Nays - 0 Motion carried. • H. Resolution 5816 Supporting Ramsey County Library 2003 Initiatives MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5816, a Resolution Supporting Ramsey County Library 2003 Initiatives. Council Member Thomas commented that, since this was brought up at the last regular meeting, she has spent some time thinking about the request for a vote of moral support from the City. She then said that she feels this was a not so subtle request for support for a levy increase County wide and she finds it somewhat disingenuous to approach the City for moral support when this will turn into a levy increase. She further stated that she would determine whether or not to support the County wide levy increase at the time of the election but will not support a request for moral support or any other at this time. Mayor Sonterre agreed that the appropriate time to make the decision on support would be on the ballot. Council Member Stigney indicated he agreed. Ayes - 1(Quick) Nays - 4 Motion failed. Mayor Sonterre told Staff if the library wanted to bring something more tangible to Council they would be willing to hear that. Mounds View City Council August 12, 2002 Regular Meeting Page 11 7. COUNCIL BUSINESS A. Public Hearing to Consider Ordinance 700, An Ordinance Proposing an Amendment to the Mounds View City Charter by Amending Section 3.07 of the Charter of the City of Mounds View as to Signing and Publication of Ordinances. Mayor Sonterre opened the public hearing at 7:56 p.m. City Attorney Riggs indicated that this is the proposed Charter amendment as proposed by the Charter Commission. No residents spoke at the public hearing. Mayor Sonterre closed the public hearing at 7:58 p.m. MOTION/SECOND: Stigney/Thomas. To Introduce the First Reading of Ordinance 700, an Ordinance Proposing an Amendment to the Mounds View City Charter by Amending Section 3.07 of the Charter of the City of Mounds View as to Signing and Publication of Ordinances. Council Member Marty noted the Ordinance requests that the language be posted on the City's website. He also commented that no minutes for the year 2000 are on the website and he feels this needs to be remedied as soon as possible. He also commented that no minutes for the year 2002 are on the website. He further indicated that the Ordinance states that there are to be minutes at the library and that is not happening either. Council Member Thomas commented that the language allows for the library or any other location the Council designates and they are available at City Hall. Assistant City Administrator Reed indicated there is a copy of the entire Code at the library as well as the state law library. Council Member Stigney read Ordinance 700. Ayes - 5 Nays - 0 Motion carried. B. Resolution 5802, a Resolution Denying the Request to Rezone Lots Within the Red Oaks Estates No. 3 Subdivision from R-1 to R-3. Community Development Director Ericson reviewed for Council the circumstances of the request for rezoning. He then indicated that, after extensive discussion, residents were seriously concerned with the potential for further water and drainage issues. Director Ericson indicated that Council had asked Mr. Harstad to discuss the possibilities for developing the property with residents and that took place but nothing was resolved. Mounds View City Council August 12, 2002 Regular Meeting Page 12 C~ • Director Ericson indicated that Staff had prepared Resolution 5802 denying the rezone request based upon the potentially extensive and adverse effects on the neighborhood, inconsistencies with the Comprehensive Plan and a preference for twin homes on H2. Council Member Thomas indicated that she was concerned with including the twin home language because she would not want to limit development concepts and would not say that was a reason for denial. Council Member Quick agreed. Director Ericson suggested taking out the reference to the City Council concurring with this statement. Council Member Thomas agreed that the last sentence should be eliminated. MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5802, a Resolution Denying the Request to Rezone Lots Within the Red Oak Estates No. 3 Subdivision from R-1 to R-3. Council Member Marty suggested that a motion to amend would be appropriate since some Council Members may concur with the statement proposed to be removed. Council Member Thomas withdrew her motion. MOTION/SECOND: Thomas/Stigney. To Amend Resolution 5802 to Remove the last sentence from Item 8. Ayes - 4 Nays - 1(Marty) Motion carried. • MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5802, a Resolution Denying the Request to Rezone Lots Within the Red Oak Estates No. 3 Subdivision from R-1 to R-3 as Amended. Mayor Sonterre asked for resident input concerning the denial. Julian Sprunck of 2649 Louisa Avenue addressed Council and reaffirmed that he and the other 33 residents he represents do not want the rezoning approved. He also indicated that he had asked a rhetorical question at the last meeting as to why Mr. Harstad has not shown a willingness to move from his position when the residents have shown a willingness to compromise. Council Member Thomas said she hopes this does not stall out and she is hopeful of seeing something for that property that the City can work with. Mounds View City Council August 12, 2002 Regular Meeting Page 13 Mr. Harstad of 2195 Silver Lake Road, New Brighton indicated he has shown every willingness to compromise and has met with residents, Staff, the Mayor and done everything asked of him by the City. He then said that he has 66 boxes and his request had been for someone to provide a suggestion as to what he could do with his boxes and no one has been able to do so. He further stated that to say he is unwilling to compromise is an unfair statement. Mr. Morgan of 2656 West County Road H2 addressed Council and reaffirmed his position and the position of the other property owners he represents. Mr. Morgan indicated he had written a letter and given it to the Mayor, Council Members and Staff. He then read the last paragraph. Mr. Morgan said there are ways to do something with the property that is acceptable to all involved and then said that the residents oppose the change to R-3. Director Ericson indicated Council took a vote on some language and pointed out some other language under Item 2 that maybe of concern. Council Member Thomas indicated she was fine with that language. Ayes - 5 Nays - 0 Motion carried. • C. Resolution 5813, a Resolution Authorizing the Preparation and Acquisition of Easements for the County H2 Street Project. Public Works Director Lee explained that County Road H2 has a fairly narrow right-of--way for a collector street and explained that it would be necessary to obtain temporary easements to allow the contractor to go onto private property. He then explained it would also be necessary to obtain two permanent easements to accommodate the proposed trailway. Council Member Thomas indicated that the Staff report had given her the impression that Jake's was only willing to grant an easement if their request is approved. Public Works Director Lee indicated that was not the intent of the Staff report as Jake's has been willing to work with the City and has not suggested their willingness to approve the easement hinged on approval of their project. He then said, however, it would obviously help negotiations regarding the easement if the plan was approved. MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 5813, A Resolution Authorizing the Preparation and Acquisition of Easements for the County H2 Street Project. Ayes - 5 Nays - 0 Motion carried. • Mounds View City Council August 12, 2002 Regular Meeting Page 14 D. Resolution 5810, a Resolution Authorizing the Police to Provide Security Service at MSP Airport. Acting Chief Brennan indicated the Metropolitan Airports Commission has been soliciting the assistance from off duty metro area police officers to help man various check points since the withdrawal of the National Guard. He then said that this would be an opportunity for the City to generate a little revenue. Council Member Marty asked how the City would generate revenue with this proposal. Investigator Silek indicated the City would put in a bid of $55.00 per hour and would come out ahead even after paying the highest paid officers. Council Member Marty asked if there are many opportunities in the City for officers to get overtime. Investigator Silek indicated that there is not much of an opportunity for overtime. Council Member Marty commented that he comes and goes out of the airport frequently and he is comforted to see officers there. He then said he often wondered why those cities were asked to be out there assisting and Mounds View has not. Council Member Thomas indicated the police department is working with few available officers on duty than they would like and she is concerned that allowing off cers to work out at the airport would affect the hours and availability of the officers to the City. Acting Chief Brennan indicated that the department has an off duty policy of a maximum of 24 hours a week and he does not feel this proposal would have a negative impact. Council Member Quick asked how many officers would be interested in participating in this program. Acting Chief Brennan indicated that nine officers had expressed an interest. Council Member Quick asked if the City would need to commit vehicles. Acting Chief Brennan indicated that the officers would take their personal vehicles to the airport. Council Member Stigney asked if the airport would be paying mileage. Acting Chief Brennan indicated there would be no reimbursement for mileage. Council Member Stigney commented that nine officers would be interested in the program and he is concerned because he thought the City only had nine officers. Mounds View City Council August 12, 2002 Regular Meeting Page 15 • • Acting Chief Brennan indicated the City has 16 sworn officers including sergeants and chiefs. Council Member Stigney asked if there would be any juggling of department schedules to accommodate the airport. He then asked if there would be a policy that officers cannot take vacation, sick or comp time to work at the airport. Acting Chief Brennan indicated there are no restrictions on taking days off to work somewhere else and he is not sure there would be a reason to pre-empt that. Council Member Stigney said he did not want the City short-staffed to facilitate the airport. Acting Chief Brennan indicated there would be no impact. MOTION/SECOND: Marty/Thomas. To Waive the Reading and Approve Resolution 5810, a Resolution Authorizing the Police to Provide Security Service at MSP Airport. Council Member Stigney asked when the officers would receive checks. Investigator Silek indicated the same payroll sheet would be used. Council Member Quick asked how often the MAC would pay the City. Investigator Silek indicated that the City would need to bill them. Ronald Morgan expressed concern that the City may lose good officers to the airport by allowing them to work out there. Council Member Marty indicated that it would not be a situation where a better job would be available at the airport. This is just contract work because the private screening has been replaced with federal government police officers and other law enforcement personnel. He then assured Mr. Morgan that the City would not lose its officers. Council Member Stigney asked if the City would be responsible for officers if they were injured at the airport. City Attorney Riggs indicated that the contract indicates that the City's worker's compensation policy would cover the officers. Mayor Sonterre indicated that the MAC is paying for the worker's compensation benefit. Ayes - 5 Nays - 0 Motion carried. • • • Mounds View City Council Regular Meeting August 12, 2002 Page 16 Mayor Sonterre asked how often the City pays this invoice and what the savings would be to cancel the membership. He also asked if there is a contract to be concerned with. E. Rotary Membership City Administrator Miller indicated she did not have the information available for discussion at this meeting. Assistant City Administrator Reed indicated that the City pays $700.00 annually for the membership but the amounts are paid quarterly. She then said she is not sure whether there is a contract. Council Member Marty said he was looking at this as a way to save money because the City is having trouble finding a representative available to attend the meetings. Mayor Sonterre indicated he would be fine with canceling the membership but asked Staff to determine what, if any, the penalty to the City would be to do so. Council Member Thomas asked when the next quarterly payment was due. City Administrator Miller asked if Council was directing Staff to drop the membership if there is no contractual obligation. There was consensus of Council to direct Staff to drop the membership if there is no contractual obligation. MOTION/SECOND: Stigney/Marty. To Direct Staff to Cancel the Membership to the Rotary Club if There is no Contractual Obligation. Ayes - 5 Nays - 0 Motion carried. F. Discussion Regarding Specifying Work Session for Public Comment Council Member Stigney asked that the matter be placed on the work session agenda for discussion. Council Member Thomas indicated that, since that was her original suggestion, she would be fine with that. Council Member Marty said he was hoping to vote on it. Council Member Thomas indicated there are a lot of options for discussion. Council Member Marty asked if citizens would be allowed to speak. Mounds View City Council August 12, 2002 Regular Meeting Page 17 Mayor Sonterre indicated that citizens would be allowed to speak but Council needs to discuss how to formalize the procedure. Consensus was reached to put the matter on the work session agenda. 8. SPECIAL ORDER OF BUSINESS A. Resolution 5818 Appointing Pete Szurek to a Vacancy in the Parks Department Assistant City Administrator Reed indicated she and the Public Works Director had met with Mr. Szurek and would recommend his appointment to the vacancy in the Parks Department. She then indicated she was seeking Council direction on whether to fill the vacancy created by moving Mr. Szurek to the Parks Department in light of recent discussions concerning ways to make cuts. Council Member Marty suggested asking Mr. Lee for his opinion. Public Works Director Lee said he would like to see this go through the budget process but said there is a need to maintain this position as it is in surface water. Council Member Stigney indicated this is the policy that is in place if somebody is qualified you appoint from within. Mayor Sonterre indicated the question is whether to post for the vacancy in public works created when Mr. Szurek moves to the Parks Department. City Administrator Miller indicated the reason Ms. Reed is asking the question is that the City Council gave Staff clear direction to evaluate all of the positions and she would assume that that was not specific to only the female positions. Council Member Marty said it would appear to him that this is more of a critical position. Public Works Director Lee agreed that the position is a critical position. Council Member Quick said he did not think there should be any sacred cows in any department and he thinks that the City should hold off posting for the position pending the outcome of deliberations on budgets that begins next week. Mayor Sonterre asked if there would be another position in public works that could take on additional duties. Public Works Director Lee indicated there is always the possibility of overlapping services it is a question of the level of service Council wants to provide to its residents. He then said there would be a loss of service as this person also does snowplowing. Council Member Quick said he thought all employees plowed. Mounds View City Council August 12, 2002 Regular Meeting Page 18 Public Works Director Lee indicated that they are all allowed to do this but not all do. Council Member Marty commented that some people were moved around in the police department and one individual will get compensated somewhat more to replace the administrative assistant. Mayor Sonterre indicated that he was not sure Council had given direction as to how the police department would be staffed and then said that is not relevant to this discussion. Council Member Marty said he was wondering if Pete, since he has knowledge of the position, instead of hiring someone else could add to his responsibilities and give him more duties as that would be a cost savings. Mayor Sonterre asked for a report on what the impact to residents would be. Public Works Director Lee indicated he had agreed earlier last year and said he would be providing an evaluation. Council Member Thomas indicated she was not comfortable with continuing discussions when there has not been a reorganization and Council has not looked at the situations. She then said she would like to continue operating at the standard level and deal with cuts, if necessary, during the budgeting process. Council Member Quick asked City Attorney Riggs how the contract read with regard to cutting positions. He then asked whether the last hired is the first to leave. Public Works Director Lee indicated the employee with the least seniority would be the first to go. Council Member Quick asked why you would hire somebody that has his head on the block in a month as he feels it is a waste of time. Council Member Thomas said Council does not know that anybody will be cut. City Administrator Miller asked if Mr. Lee could report on Monday evening as to what the needs of the department are. Public Works Director Lee indicated he would be prepared to discuss it at the meeting on Monday. Council Member Marty said he did not see the point of hiring and then cutting someone. Council Member Stigney indicated he would like to hold off on filling the position until there is more information at to what the less critical position would be. Mounds View City Council August 12, 2002 Regular Meeting Page 19 MOTION/SECOND: Marty/Stigney. To Table Approval of Resolution 5818 to the Next Regularly Scheduled Council Meeting. Ayes - 4 Nays - 1(Quick) Motion carried B. Resolution 5820 Setting a Wage for the Grounds/Equipment Manager Assistant City Administrator Reed indicated that Labor Relations had provided Staff with a recommended number of points and Staff is recommending that the individual begin at Step and move to Step 2 after six months and Step 3 at the completion of one year pending satisfactory approval. Council Member Marty indicated this person would be starting on August 12, 2002. He then asked how he would be doing any maintenance during the winter months in a facility with no heat or electricity. Golf Course Manager Longville indicated this person has been on board and is just being reclassified. He then explained that the storage building has no heat or electricity but the maintenance facility does have heat and electricity. Council Member Stigney indicated that this job was changed to full time and then asked if the person would work full time year round. Golf Course Manager Longville indicated that the plan is to have him do all of the upkeep and grinding of all the equipment and that work had normally been sent out. Council Member Stigney asked if they would be plowing to keep the lot open to allow for things to be moved between facilities. Golf Course Manager Longville indicated that the truck at the Bridges is equipped with a plow and they will plow the lot. Council Member Stigney asked what the hours for summer and winter would be. Golf Course Manager Longville indicated the hours in the summer vary as the work is seasonal with the heavy demand April through September. He then said that the hours would go back to a normal eight-hour day with no weekends for the off season. Council Member Stigney asked whether the individual would accrue comp time or overtime during the summer. Assistant City Administrator Reed indicated that, once the position is moved to full time, the person would get flex time if they work anything over 40 hours per week. She further clarified that exempt employees do not accrue comp time. Mounds View City Council August 12, 2002 Regular Meeting Page 20 City Administrator Miller indicated that the City would have to pay for comp time accrued if the mdividual left the employment of the City but does not have to do so for flex time. Council Member Stigney commented that flex time is being accrued vacation is being accrued and sick leave yet they are short staffed out there and will start paying full time and all these benefits and then he will take time off so he sees it as a losing situation. Assistant City Administrator Reed explained that only 16 hours maybe used per pay period and, what is not used, is lost at the end of the calendar year. Council Member Thomas clarified that when the reorganization was done the position was reclassified so a full time person was not added. Council Member Stigney commented that the City has gone from doing away with the full time assistant club house manager and transferred a seasonal employee to full time. Council Member Thomas indicated there is the same number of full time employees working over the winter. Mayor Sonterre asked if the six months begins August 12, 2002 or if it began in the spring. Assistant City Administrator Reed indicated it was her intent that the six months would start on August 13, 2002. MOTION/SECOND: Thomas/Quick. To Approve Resolution 5820, a Resolution Setting a Wage for the Grounds/Equipment Manager. Council Member Thomas read Resolution 5820. Council Member Stigney asked whether the comments concerning the corrections to the job descriptions would affect the pointing of the position. Assistant City Administrator Reed indicated the changes would not affect the pointing of the positions and said she would be making those changes before presenting the description to the individual. Council Member Marty commented that it was his understanding that when the golf course manager was hired maintenance was included in the job description. He then indicated that when Mr. Longville had come in and talked to Council about this he had said he could check oil and that was about it. He also commented that the former golf course manager used to perform the maintenance. He further commented that it was his understanding that when Mr. Longville was hired he would be doing this work so he disagrees with this classification. • Mounds View City Council August 12, 2002 Regular Meeting Page 21 City Administrator Miller clarified that the golf course manager had explained that in the past the equipment had been farmed out and what he is suggesting is that this individual would do it in house. She then said that the City is very fortunate to have the manager that it does as he comes to the City with a lot of experience. She further said there is an overlap in every department and Mr. Longville is in charge of overseeing the department. Council Member Thomas commented that job descriptions are not under discussion currently. Council Member Marty said he had disagreed with this in the past and will be consistent. Ayes - 3 Nays - 2(Stigney/Marry) Motion carried. C. Approval of an Interim Reorganization for the Police Department Assistant City Administrator Reed indicated she was before Council seeking clarification of the direction concerning the reorganization of the police department. Council Member Marty said he think thought Council agreed to postpone the hiring process for the administrative assistant until the deputy chief and the department can evaluate and in the mean time the senior clerk typist would perform out of classification and the CSO would work full time to assist with the administrative duties. He then said that it would slow down the other • employees to have to train in the temp: Assistant City Administrator Reed indicated rt was her understanding was that these individuals would serve until a temp was hired. Council Member Stigney indicated it was his understanding that the hiring would be postponed, a temporary employee would be hired and items two and three in the staff report would not be done. He then said he disagreed with both of those suggestions. Council Member Thomas indicated she had gone home sick from that meeting and said it was difficult for her to follow what had been agreed to. Council Member Marty asked Acting Chief Brennan for his opinion on a temporary employee. He then said it was his understanding that the other two employees would have to tell the temp what to do and that would slow them down. Acting Chief Brennan indicated the temp would be able to field phone calls and walk ups and route the inquiries to the proper person or department. Council Member Marty commented that the CSO is already knowledgeable in this so that person could field walk-ups. Acting Chief Brennan indicated that is what she is doing now. Mounds View City Council August 12, 2002 Regular Meeting Page 22 City Administrator Miller indicated it was her understanding that the individual that is filling in full time was not going to be working out of classification. She then said she would think that the temp could do these tasks as well. Council Member Marty commented that this person has 15 years of experience and has a good working knowledge of the police department and it would seem to him to be a more efficient use. Mayor Sonterre indicated he had solicited the opinion of Acting Chief Brennan as well as the City Administrator on this matter and it seems that the Acting Chief is of the opinion a temp would slow down the other workers and the City Administrator is of the opinion that a temp could fill the vacancy with little or no police training. City Administrator Miller indicated she had spoken to other city managers who told her that this has been done successfully in the past. She then said that there would be a learning curve but the skills should be able to be picked up quickly. She further commented that she is concerned that placing people in temporary capacities creates an expectation and she is a little fearful about the discussion Council is having in a public setting as she thinks Council has to be careful. City Administrator Miller indicated the Acting Chief has been given the direction to evaluate the needs of the department and while that is happening rather than fill those vacancies with department employees she would recommend using a temp to avoid ending up with grievances down the road. Council Member Marty commented that the senior clerk typist trained the last administrative assistant and it would seem to him that the temp would be coming in and be the boss and does not know the department. Assistant City Administrator Reed indicated the administrative assistant position is the position that gives work direction or work guidance so the temp would not be supervising. She then said that any time you have to fill a vacancy you have other staff that step up to the plate to train and that is not out of the ordinary. Council Member Marty said he thought the City Administrator said she checked with other police departments and said the temp can work with someone coming in and answering phones and routing. Council Member Thomas said she was not as concerned about the discussion as City Administrator Miller until they started talking about some jobs being bigger jobs than others and filling with a temp. She then said she does not want to get into a discussion over whether the City should hire from within rather than hiring an outside person at a job higher than they are. She further said that this is a good reason to hire a temporary employee and she feels Council needs to be careful. MOTION/SECOND: Quick/Thomas. To Reaffirm Items 1, 2, 3, and 4 of the Staff Report. Mounds View City Council August 12, 2002 Regular Meeting Page 23 Mayor Sonterre indicated he had been trying to give deference to the opinion of the leader but he thinks the points that were brought up are significant concerns and, if it seems to come down to the greater of two goods. He then asked Acting Chief Brennan, after hearing the debate, what his opinion as to the pitfalls versus the temp would be. Acting Chief Brennan commented that if the concern is that the current arrangement may create an expectation that this may continue in the future the department could work with the temp. Council Member Marty said he does not think this is the most efficient way to handle it. He then said that it could be made clear from a Council standpoint that these positions are not permanent rather than hiring a temporary employee. Assistant City Administrator Reed asked if the senior clerk typist is to be compensated under the policy even though she has not been there for the required two-month period. Council Member Quick indicated there was a motion on the floor that cannot be altered. Mayor Sonterre indicated the question is whether two and three should be included. Council agreed that the policy should be followed. • Assistant City Administrator Reed asked if the individual was to accrue full time accrual for vacation and sick while working full time. Council Member Stigney indicated he did not agree. City Attorney Riggs indicated that, if the individual works full time, the City would need to provide those benefits. The friendly amendment to eliminate Item 2 was accepted. Ayes - 3 Nays - 2(Stigney/Marty) Motion carried. D. Resolution 5821, a Resolution Authorizing a Step Increase for Kathi Osmonson. Mayor Sonterre read Resolution 5821. MOTION/SECOND: Marty/Thomas. To Approve Resolution 5821, a Resolution Authorizing a Step Increase for Kathi Osmonson. Council Member Marty asked why the Resolution indicates a date of June 24, 2002. Assistant City Administrator Reed indicated that she had it in her mind that the step increase • would be with one year but, upon checking, the step increase was due at six months so she is owed back pay. Mounds View City Council August 12, 2002 Regular Meeting Page 24 City Administrator Miller asked if this takes into consideration the strike dates. Assistant City Administrator Reed indicated that it does. Ayes - 5 Nays - 0 Motion carried. E. Resolution 5823 Appointing Duane McCarty to the Police Civil Service Commission Mayor Sonterre indicated he had received four applications and had interviewed all four individuals before making his recommendation. He then said that he really enjoyed the process. MOTION/SECOND: Sonterre/Quick. To Waive the Reading and Approve Resolution 5823, a Resolution Appointing Duane McCarty to the Police Civil Service Commission. Council Member Stigney commented that on the applications that Council was given to review this applicant completed nothing other than his name and address. He then said that recommending someone that does not even give reasons for wanting to serve on the Commission concerns him greatly. Mayor Sonterre indicated he did not agree with Mr. McCarty's rationale for not filling out the application completely but said he did not base his recommendation solely on the applications but on his interview with the individuals. Council Member Stigney said that when he chose not to fill in the blanks he chose not to get his vote. Council Member Marty said he found all four of the candidates to be pretty well qualified and civically minded but he agrees with Council Member Stigney that Mr. McCarty just put his name on the paper and signed it and there are other qualified individuals that completed the application and some of those have law enforcement credentials. Mayor Sonterre said he appreciates the concern for the lack of written qualifications but it is not the person with the prettiest resume that is the best for the job and his recommendation is that McCarty would be the best person to serve on the Commission. Council Member Marty commented that knowing Duane he is surprised he did not fill it out. Council Member Thomas indicated she knew Mr. McCarty and is comfortable with the recommendation. Council Member Stigney said he too knows the applicant and that is why he is expressing his concerns about his appointment. Mounds View City Council August 12, 2002 Regular Meeting Page 25 Ayes - 3 Nays - 2(Stigney/Marty). Motion carried. 9. REPORTS Assistant City Administrator Reed asked Council to accept Jerry Skelly's letter of resignation from the Cable Commission. MOTION/SECOND: Quick/Stigney. To Accept the Resignation of Jerry Skelly from the Cable Commission. Mayor Sonterre thanked Mr. Skelly for 20 years of participation. Council Member Marty thanked Mr. Skelly for the thousands of hours that he put into the Cable Commission. Ayes - 5 Nays - 0 Motion carried. Council Member Marty pointed out that Mr. Skelly had recommended Barbara Haake as the next Commissioner from Mounds View. Mayor Sonterre said he disagreed with the recommendation with no disrespect to Ms. Haake but he feels that, because the Commissioners have the opportunity to cast votes that spend taxpayer dollars, the representative to the Commission should be an elected official of the City. Council Member Stigney said he holds nothing sacred about Council Members because one may agree to something that others would not. He then said that Ms. Haake has a lot of experience with these matters. Mayor Sonterre commented that the most recent example is the vote to approve or not approve a merger that may have left the cities holding a rather large legal bill. He then said that Council Member appointees go back and discuss the matter with their respective Council but that did not happen in the case of Mounds View's representative. Council Member Stigney indicated that Council could require that the person appointed to the position bring information back to Council. Mayor Sonterre asked that the matter be added to the work session for discussion. Council Member Thomas reported that significant progress is being made on the Pinewood situation and a certificate of occupancy is expected hopefully before the school year begins. She then said that they have isolated a lot of problems and corrected then but did find significant amounts of toxic mold. She further encouraged parents with questions to contact the school district with questions. . .Council Member Marty asked for an update on posting the police chief position. Mounds View City Council August 12, 2002 Regular Meeting Page 26 City Administrator Miller indicated they were awaiting a full commission and Council just appointed a member this evening so there will be a meeting scheduled and a recommendation brought to Council. Council Member Marty asked if the City ever paid Chuck Chisolm for golf lessons in 2001. Assistant City Administrator Reed indicated she did not want to get into this too much because it is a contract negotiation issue but indicated she had sent a proposal to AFSCME for the wage and is currently in discussions with AFSCME. She further explained that the City, in the past, has negotiated ranges with AFSCME but AFSCME believes that the City needs to negotiate the actual wage so the matter is not moving forward. Council Member Marty indicated he would like to see all the responses of the different Council Members not just the cliff notes turned in by Bremeier as there are a number of errors in what was given to Council. Mayor Sonterre recommended Council Member Marty ask Mr. Bremeier for a copy of the information. Council Member Marty asked if the information should be held in the City and not by an outside entity. Assistant City Admmistrator Reed commented that according to the contract this is what he was to bring to the City but it just so happens that she did not get asix-month review and two years went by. Council Member Quick asked if it is permissible for Council Members to ask for copies of all the review forms. Assistant City Administrator Reed indicated she would need to do some checking into the matter as she is not sure whether that information is public. Council Member Quick said he did not see where it is Council Member Marty's what he put on his paper about the city administrator. Council Member Stigney said he was hired to make a summary and a summary does not give him the right to exclude any comments he sees fit. Assistant City Administrator Reed indicated he was not aware that anything was excluded and said that if Council Member Marty could be more specific she could ask about that specifically. Council Member Stigney said he was talking about his own evaluation and many items were excluded and he wishes to contact Bremeier about that. He then asked if the City paid for this service. Mounds View City Council August 12, 2002 Regular Meeting Page 27 Assistant City Administrator Reed indicated it was covered in the initial fees and she is not expecting an invoice. City Administrator Miller indicated that the City Manager from New Brighton to suggest a joint meeting with Council to discuss the reconstruction of Silver Lake Road. Mayor Sonterre indicated he would be interested in attending. Council Member Marty agreed that the meeting would be beneficial due to the discussions concerning the center turn lane and reconstruction that would affect the traffic in Mounds View. Mayor Sonterre explained that the design for the road came from the County not New Brighton. Council Member Thomas asked what the County schedule for this is because there are a lot of other meetings to deal with right now. Council Member Stigney asked if the whole Council needs to be there or if the Mayor and the City Administrator could meet and provide input back to Council. Council Member Thomas indicated she would like information from Ramsey County as to why they have opted for this route. Mayor Sonterre indicated that at the last I35 Corndor Coalition Meeting Frank Pathco got charged up talking with MNDOT and the evaluation of the transportation pitfalls of State Highway 10 and I35W and the need expand Highway 10 through Mounds View and that would require a sound wall. However, the priority is to solve the I35W congestion prior to doing that and the best estimate to expand is 2012 to 2015. He then said that, if Council is going to be proactive to try to negotiate or force the implementation of a sound wall, it would need to be done by the City because it is not happening anytime in the near future. Council Member Quick commented that the Commissioner of Transportation affects policy to some degree and with the election coming up things may change. He then said he thinks the City should wait until November to see what happens. Mayor Sonterre recommended bringing the matter to the attention of the gubernatorial candidates. Mayor Sonterre indicated it is possible that the current administration may cut the local government aid yet this year and that would be of great concern to the City as those dollars are expected and have been budgeted. He further explained that there has been talk of doing this to put the new governor in a better position at the beginning of his term. Council Member Thomas cautioned that the forecasts have been known to be way off and it has been very difficult to follow the revenue streams so she suggested waiting to see what happens. Mounds View City Council August 12, 2002 Regular Meeting Page 28 She also said that, having dealt with this administration for a while, she does not put it past them to go ahead on forecast numbers that are not finalized. Council Member Marty indicated he would like to know how much LGA has been received this year. City Administrator Miller indicated that the first payment was received. 10. APPROVAL OF MINUTES A. Minutes for July 8, 2002 Council Member Marty requested the following changes: On Page 9, last paragraph, second line change "red" to "read". On Page 13 change "sand" to "fill". On Page 17, top line insert a comma between small and people. On Page 23 he noted he had forgotten to get his corrections for May 20 to Staff and apologized. Council Member Thomas requested the following changes: On Page 15, second paragraph add "happening to current water levels." On Page 17 add "and rented by another." On Page 18 indicate that she was torn between options one and three and was very much against option four. She then indicated she would provide the language she wanted inserted. . MOTION/SECOND: Marty/Thomas. To Approve the Minutes of the City Council for July 8, 2002 as Amended. Ayes - 5 Nays - 0 Motion carried. B. July 22, 2002 City Council Minutes Council Member Marty requested the following changes: On Page 13, change "to" to "do". On Page 33, fourth paragraph, last line change "it should be left the way it is" to "If it is not broke don't fix it." City Administrator Miller requested the following language be added on Page 3. City Administrator Miller indicated she wanted to remind Council that the decision by Judge Dixon was simply to award unemployment benefits and said nothing of the merits of the termination. Council Member Stigney requested the following changes: On Page 24 change SCH to SEH. On Page 28 insert "not" in the first sentence. On Page 35 two more occurrences of SCH to SEH. MOTION/SECOND: Thomas/Stigney. To Approve the Minutes of the City Council Meeting for July 22, 2002 as Amended. • Ayes - 5 Nays - 0 Motion carried. Mounds View City Council August 12, 2002 Regular Meeting Page 29 11. CLOSED SESSION None. 12. Next Council Work Session: Monday, September 3, 2002 Next Council Meeting: Monday, August 26, 2002 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at 10:21 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. r~ •