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HomeMy WebLinkAboutMinutes - 2002/08/26PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting August 26, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:09 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, August 26, 2002 City Council Agenda. MOTION/SECOND: Marty/Thomas. To Approve the August 26, 2002, City Council Agenda as amended. • Ayes - 5 Nays - 0 Motion carried. 4. PUBLIC INPUT David Jahnke of 8428 Eastwood Road asked Mayor Sonterre whether he had looked into the documents concerning the discussions City Attorney Long was having with Mr. Hammerschmidt and whether there was potential for litigation against that firm. Mayor Sonterre indicated he had not but said the City Administrator is looking into it concerning a civil basis and has made no conclusion at this time. Mr. Jahnke indicated that Mr. Long was working for the City then and his actions were totally out of line. Mr. Jahnke then thanked the public works department for the work they had done on the cave in on Eastwood. Mr. Jahnke indicated he was happy to see that Council seems to be making accountability important and noted there seem to be some cutbacks. He then commented that there is one raise on the agenda this evening and he feels that due to the way the economy is at this time people should take a freeze in wages in order to keep from having to raise taxes. ~~ Mounds View City Council August 26, 2002 Regular Meeting Page 2 Mayor Sonterre indicated he would not discuss the agenda item at this time but said that the City has obligations to existing contracts that do not make it possible to institute a wage freeze. He then indicated that the City is attempting to tighten the budget in other areas to accommodate wages. Mr. Jahnke asked Council to read the information concerning what the City of Roseville did with TIF funds to lower residents' taxes. 5. JUST AND CORRECT CLAIMS Council Member Stigney indicated there was a claim for payment to Orkin and he had thought that last month would be the last charge. Finance Director Hansen indicated the last service date was on July 18, 2002 and this would be payment for that service. He then said he believed that would be the last payment to Orkin. Council Member Marty asked what wall clock was purchased. Community Development Director Ericson indicated that one of the wall clocks went bad and it was replaced. Mayor Sonterre commented he would expect that there would also be a charge for batteries for • that wall clock. Director Ericson indicated that there would be a corresponding purchase for batteries for that wall clock. Council Member Marty asked for clarification of Check Number109109 as to what was couriered to Mr. Riggs. Public Works Director Lee said he believes the courier service was for the contracts for H2 that were couriered to Mr. Riggs due to short timing. Mayor Sonterre asked if it is a regular process that legal documents be couriered rather than mailed. City Administrator Miller indicated that documents are couriered when there is a time crunch Council Member Marty asked whether Check Number109138 was to post for the Chief of Police position. City Administrator Miller indicated it was not but said that would be discussed later in the agenda. • Council Member Marty asked what the legal notices for Ace Supply was for. Mounds View City Council August 26, 2002 Regular Meeting Page 3 Director Ericson indicated the Planning Commission held a public hearing for a variance and the fee was to publish that meeting in the newspaper. Council Member Stigney asked whether the three memberships for the American Public Works Association were part of the contract. Director Lee indicated the memberships were form himself, the public works foreman, and the water superintendent. Council Member Stigney asked if all three have separate contract memberships. Director Lee indicated he would need to look into all three of them as he is not sure. Mayor Sonterre asked if the memberships were budgeted. City Administrator Miller indicated the water supervisor is covered in the labor agreement but the other two would not be. Council Member Stigney questioned why the City would pay for the memberships if they are not part of the contract. Council Member Quick asked if it was a budgeted item. City Administrator Miller indicated the items were budgeted and asked Mr. Lee to share some of the benefits of the membership with Council. Director Lee indicated that the membership includes information and networking with other cities as well as training programs and conferences. Mayor Sonterre commented that Council Member Stigney is using the word contract but none of the three have contracts. Director Lee indicated he did not have a contract but the water supervisor does. Mayor Sonterre indicated the charge is appropriate if those items were in the budget but suggested Council discuss memberships as part of the budgeting process. Director Lee indicated the memberships are in the budget. Council Member Stigney said he questions why three memberships are necessary if one would suffice. He then asked for further information on these memberships. Director Lee indicated he would provide a memo on the membership. Mounds View City Council August 26, 2002 Regular Meeting Page 4 MOTION/SECOND: Marty/Quick. To Approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 6. CONSENT AGENDA A. Set a Public Hearing for 7:05 p.m., September 9, 2002, to Consider the Second Reading and Adoption of Ordinance 702, an Ordinance Approving the Rezoning of Lot 2, Block 1, Anthony Properties Addition, from Planned Unit Development (PUD) to Highway Business (B-3). B. Set a Public Hearing for 7:10 p.m., September 9, 2002, to Consider the Second Reading and Adoption of Ordinance 701, an Ordinance Approving a Text Amendment to the Zoning Code Pertaining to Accessory Structures. C. Set a Public Hearing for 7:15 p.m., September 9, 2002 to Consider the First Reading of an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2003. D. Set a Public Hearing for 7:20 p.m., September 9, 2002 to Consider the First Reading of an Ordinance Implementing a Franchise Fee on Reliant Energy . Natural Gas Operations within the City of Mounds View for the Year 2003. MOTION/SECOND: Quick/Stigney. To Approve the Consent Agenda as Presented. Ayes - 5 Nays - 0 Motion carried. 7. COUNCIL BUSINESS A. Resolution 5830 Authorizing the Purchase of Policies for the July 2002 through June 2003 Insurance Year. Finance Director Hansen indicated Charles Clysdale would be making a presentation on the City insurance polices for the year. Mr. Clysdale of 1935 West County Road B2 thanked Council for the opportunity to present the renewal proposal for the coming year. He then indicated that the League of Minnesota Cities had provided an appraisal of the City's buildings and contents free of charge and the insurance replacement costs have been increased from $20,431,000 to $23,159,000. Mr. Clysdale indicated that the City carries a $10,000 deductible on all losses but for workers compensation. He then indicated that over the 11 years that Council has been carrying this deductible the City has accumulated a net savings of $252,000. • Mounds View City Council August 26, 2002 Regular Meeting Page 5 Mr. Clysdale recommended staying with the large deductible because of significant savings and said it is a good risk management decision. Mr. Clysdale indicated the savings on workers compensation has been $10,000. Mr. Clysdale indicated the League is very pleased with Mounds View as a client and has insured it for 12 or 13 years and looks forward to the City's continued participation. Council Member Marty noted on the coverage comparison page that the number for 2001 went down. Mr. Clysdale indicated that the expenditures for the year 2000 to 2001 was $7.71 per thousand and for 2001 to 2002 it dropped to $7.41. Mr. Clysdale indicated that in the open market place rates would be entirely different as the League is offering the City great rates. Council Member Marty commented that the July 1, 2001 to 2002 paid expenses were $59,620 and total paid losses were $75,523 and, in comparison with the two or three years previous, that was quite a jump. Mr. Clysdale indicated the City has two active claims that involve wrongful termination actions and involve large legal expenses. Council Member Stigney said he thought one of the benefits of belonging to the League is that payment of those fees is part of the fee that the City pays to them for membership. Mr. Clysdale clarified that the figure is what the League has paid on the City's behalf and said that legal expenses have no limit. Council Member Marty questioned if there was a cap on legal fees. Mr. Clysdale indicated there is no cap on legal fees. Mayor Sonterre thought that the League paid 100% of the first $250,000 and 80% after that. Mr. Clysdale indicated those figures represent the coverage for the open meeting law. Council Member Stigney asked whether the $3,920 for liquor liability insurance would be included as part of the operating costs to the golf course. Finance Director Hansen indicated that amount would be charged to the golf course. • Mounds View City Council August 26, 2002 Regular Meeting Page 6 City Administrator Miller thanked Mr. Clysdale for putting together the information regarding the deductibles. She then clarif ed that the expenses paid are not exclusive to those two terminations. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5830, a Resolution Authorizing the Purchase of Policies for the July 2002 through June 2003 Insurance Year. Ayes - 5 Nays - 0 Motion carried. Mayor Sonterre asked whether the $10,000 deductible would be maintained. Finance Director Hansen indicated the Resolution did not specify the deductible but assumes that the City will maintain the $10,000 deductible unless otherwise directed by Council. B. Second Reading and Adoption 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. City Attorney Riggs indicated that this change would go into effect 90 days after publication rather than the usual 30 days. MOTION/SECOND: Thomas/Stigney. To Waive the Reading, Approve the Second Reading and Adopt 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 commented that the text of the Ordinance states that the entire text shall be posted on the City's website and also available at the community library. He then said that he questions this because the City minutes for 2002 are not on the website and are not in the library. He further said it seems that if Council minutes are not in either of these two places he questions how ordinances will be. ROLL CALL: Stigney/Marty/Quick/Thomas/Sonterre. Ayes - 5 Nays - 0 Motion carried. C. Jake's Sports Cafe Expansion Project Consideration of Resolution 5825, a Resolution Approving a Development Review for the Jake's Sports Cafe Expansion Project. Community Development Director Ericson indicated this is a request for development review and rezoning as the owners have applied for an expansion to increase the size of their parking lot. He then indicated the site plan was reviewed by the Planning Commission and the changes Mounds View City Council August 26, 2002 Regular Meeting Page 7 • requested were made. He further indicated that the orientation of some of the parking stalls had been changed slightly and there would now be 119 stalls rather than the original 121 but that is still in excess of what the City requires and would allow Jake's to expand and utilize the basement of their building. Director Ericson indicated that, on July 22, 2002, Council approved the removal of the theater lot from the PUD so that this development could move forward. He then indicated that the Resolution approved required a development review and rezoning of the parcel. Director Ericson briefly explained the requirements of the development review and indicated that all requirements have been met. He also noted that the Jacobs have agreed to landscape to fill in gaps in the existing tree line. Director Ericson indicated that all of the issues in stipulation number 1 have been addressed. He then suggested that the Resolution be amended to state that the curb cut should be 32 feet rather than 30 feet. Council Member Marty asked why the crushed landscape rock was being replaced with wood mulch or chips. Director Ericson indicated the reason the rock was replaced is there was concern that having rocks in the middle of a parking lot could cause issues with those rocks being thrown through windows. Council Member Marty indicated he would like to add an Item 6 to require that the City Forester be contacted concerning tree and shrub replacement. Director Ericson indicated that could be added but explained that nothing is done without going through the City forester. He then indicated the City Forester has been out to site and would be included and would review any proposed plantings. Council Member Marty said he would like to list it as one of the requirements. Council Member Thomas thanked the Jacobs for working with the City and said that the way they have handled themselves in this matter shows a willingness to work with the neighborhood and the City. Council Member Quick asked who would maintain the trees to be added to the buffer. Director Ericson indicated that the property is owned by the Jacobs and they would be responsible for maintenance. He then indicated there would be language requiring maintenance of the landscaping and a set time period for a guarantee of that landscaping included in the developer's contract. Mounds View City Council August 26, 2002 Regular Meeting Page 8 . Council Member Quick asked Staff to bring the development agreement back before Council and then asked that Council Member Marty's comments be added to the agreement. Council Member Marty thanked the Jacobs for the willingness to work with the City. Director Ericson read the change to the Resolution to include the requirement for City Forester review. MOTION/SECOND: Marty/Thomas. To Waive the Reading and Approve Resolution 5825, a Resolution Approving a Development Review for the Jake's Sports Cafe Expansion Project. Council Member Stigney commented that plan to have additional parking is well needed but the plan of where to put the parking is what he disagrees with. He then said this was a PUD and Mr. Wendell was going to build two office buildings but only built the first one. Council Member Stigney indicated he understood the need for parking but he feels it could have been shifted somewhere else and the office building should have been built there as that would have brought in a lot more taxes than the parking lot. He further indicated he did not have anything against the need for the parking but this is how he feels. Ayes - 4 Nays - 1(Stigney). Motion carried. • 2. First Reading and Introduction of Ordinance 702, an Ordinance to Rezone Lot 2, Block 1, Anthony Properties Addition from Planned Unit Development (PUD) to Highway Business (B-3). Mayor Sonterre opened the public hearing at 7:53 p.m. Director Ericson explained that this matter had been set for public hearing at the next Council meeting. Mayor Sonterre closed the public hearing at 7:54 p.m. MOTION/SECOND: Quick/Marty. To Waive the Reading, and Introduce the First Reading of Ordinance 702, an Ordinance to Rezone Lot 2, Block 1, Anthony Properties Addition from Planned Unit Development (PUD) to Highway Business (B-3). Council Member Stigney reiterated that he thinks the City should follow the original plan to have an office building there for more taxes. Council Member Marty commented that the original office building stayed vacant for a year or two until they finally got a tenant and that was one of the gauges to see how the project would proceed. He also indicated that the Jacobs attempted to approach Anthony Properties on other parcels but they would only sell this one. Mounds View City Council August 26, 2002 Regular Meeting Page 9 • Council Member Stigney commented that now that there is a parking lot there an office building will never be there. He then said, why do you think he was happy to sell off this chunk rather than following threw with the office building? I think it is all a bunch of hooey. Council Member Quick asked if there was any way that the City could get Anthony Properties to do something with that property. Director Ericson indicated that the development agreement allows for staging of the development. He then explained that the reason the City does not want to get into the habit of forcing development with a drop dead date is because the City could end up with something it does not want. Council Member Quick commented that the property could sit vacant for a number of years. Ayes - 4 Nays -1(Stigney) Motion carried. D. Consideration of Resolution 5824, a Resolution Formally Adopting the County Road 10 Redevelopment and Revitalization Plans as Prepared by URS Corporation. Community Development Director Ericson indicated that Staff, residents and URS have been • working on the County Road 10 Redevelopment and Revitalization Plans for more than two years. He then said that Staff would be coming to Council at a later time to purchase more plans to have on hand. He further indicated that, once approved, Staff will create a document that sets an implementation schedule to get this plan underway. Director Ericson indicated that, although this plan is very thorough and provides a lot of information, Staff anticipates being before Council as the plan progresses to further refine plans. Council Member Thomas commented that the guard rail, the entire length of the median, appears to be only around the trees on the plans. She then explained that she is concerned with having trees in the median and, if those trees are to remain on the plan, she will insist on having a guard rail to prevent bikers from crossing at non-intersections. She further commented that, to her, it is a matter of safety because the trees are in the median and the visibility is decreased and the cars will not be able to see people crossing on bikes. Mayor Sonterre asked what type of estimated cost increase there would be for guard rails for the entire length. Director Ericson indicated that he could investigate that. He then indicated that the plan could be changed. He also said his concern with guard rails would be for increased property damage to vehicles that slide off the roadway into that guard rail. Council Member Thomas indicated she feels strongly about the matter and feels it is either you have the guard rail or you do not have the trees. She then said that pedestrians typically cross at Mounds View City Council August 26, 2002 Regular Meeting Page 10 the intersections but kids are going to try to cross at non-intersections and she feels it is the City's responsibility to protect them from the vehicles that cannot see them because the trees were added. Council Member Marty suggested looking into a type of breakaway fencing to keep bicyclists out and cause less damage to vehicles that would hit it. Council Member Thomas said she does not care what kind of barricade is used but feels blocking access to bicyclists is necessary. Council Member Marty asked if the estimate for the project is $6,500,000. Director Ericson indicated that it was. Council Member Marty said he finds the projection heartening due to the fact that when discussing the pedestrian bridge that alone was estimated to cost $1.5 million. Director Ericson commented that the estimate does not include the under grounding of utilities so, if accomplished, that would increase the costs. Mayor Sonterre indicated a lot of early cost projections included replacing the bituminous but since it was milled and overlaid the estimate does not include any new bituminous. He then indicated that the general life expectancy of the bituminous is 8 to 10 years so, if this project is pushed out for a number of years, there maybe additional costs for new bituminous which would hopefully be borne by the County. Director Ericson indicated he would look into the concerns of Council Member Thomas. Council Member Stigney asked for clarification as to the use of the word acquisition in the Resolution. Director Ericson indicated the word acquisition is used in terms of acquiring funding. Council Member Thomas asked where the City is with the surveying for the trailway. Director Ericson indicated he had stated in his Staff report that the first action would be to move forward with employing the services of a surveyor to survey the trailway through the corridor. He then indicated that a surveyor was used to survey the Perkins and business park area. He further indicated he would be preparing a request for proposals for Council review. MOTION/SECOND: Thomas/Marty. To Waive the Reading and Approve Resolution 5824, a Resolution Formally Adopting the County Road 10 Redevelopment and Revitalization Plans as Prepared by URS Corporation. • Mounds View City Council August 26, 2002 Regular Meeting Page 11 • Council Member Stigney commented that he has reservations about approving plans that he is not completely comfortable with. Ayes - 4 Nays - 1(Stigney) Motion carried. E. First Reading and Introduction of Ordinance 701, an Ordinance Approving a Text Amendment to Chapter 1106 of the Mounds View Zoning Code Pertaining to Accessory Structures. Planner Atkinson indicated this is a housekeeping item to make the language consistent. MOTION/SECOND: Marty/Quick. To Waive the Reading and Introduce the First Reading of Ordinance 701, an Ordinance Approving a Text Amendment to Chapter 1106 of the Mounds View Zoning Code Pertaining to Accessory Structures. Ayes - 5 Nays - 0 Motion carried. F. Resolution 5826 Amending the 2001 Budget of the EDA Fund and the TIF District Funds for Projects Authorized During 2001 and for Transfers to the Debt Service Funds. Council Member Stigney asked whether Council or the EDA should handle this item. City Attorney Riggs indicated that it should be handled as EDA business. G. Resolution 5827 Accepting the Annual Financial Report for the Year Ended December 31, 2001. Finance Director Hansen indicated that Item F was amending some numbers that appear in this financial report and it would be appropriate to hold this item over as well. City Attorney Riggs suggested holding off on this item until Item F is approved. Finance Director Hansen indicated there was no time issue with holding the two items over to the first meeting in September. H. Resolution 5828 Adopting the 2002 Budget of the Police Grants Special Revenue Fund. Finance Director Hansen indicated that the City's general fund and all special revenue funds have adopted revenue budgets with the exception of the police and he would like to set one up for that department. Council Member Marty asked if the revenues and expenditures in the Resolution were for this year. Mounds View City Council August 26, 2002 Regular Meeting Page 12 • Finance Director Hansen said that most likely there would not be nearly that much in revenue but there is money m that fund from last year and the expenditures could be between $10,000 and $20,000. Council Member Marty commented that the former police chief has said he wanted to create a pool because a lot of grants require matching funds and he feels the City would miss out on some grants if those matching funds are not in a pool. Finance Director Hansen indicated that this money is not available for matching other grants as it is money from grants. He then said that a pool fund may not be the best idea because Council should be approving any expenditure of funds for matching purposes. Mayor Sonterre commented that it would be necessary that Council approve the expenditure of funds for grant purposes. Council Member Thomas indicated she has a lot of experience working with grants and there is always time allowed for the applicant to show matching funds. Council Member Quick confirmed that the former police chief had the pool idea but he does not think that Council should go down that road. • MOTION/SECOND: Stigney/Thomas. To Waive the Reading and Approve Resolution 5828, a Resolution Adopting the 2002 Budget of the Police Grants Special Revenue Fund. Ayes - 5 Nays - 0 Motion carried. Mayor Sonterre indicated he would like a motion to table Items F and G to the next Council meeting. MOTION/SECOND: Quick/Marty. To Table Resolution 5826 to the First EDA Meeting in September. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Marty/Thomas. To Table Resolution 5827 to the First Council Meeting in September. Ayes - 5 Nays - 0 Motion carved. Resolution 5829 Authorizing Interfund Loans for the Year 2002 and Setting an Interest Rate on Loans. Finance Director Hansen indicated the City auditors had pointed out that there is a new state requirement that loans to TIF districts be approved by the City Council in advance of them being Mounds View City Council August 26, 2002 Regular Meeting Page 13 made and that was the initiative behind this Resolution. He then indicated that the Resolution Council Member Stigney asked if that is for new loans or a change to existing loans. does three things. First it takes the interfund loans from 2001 and continues them to 2002; Second it authorizes a further loan from the community fund to the TIF districts up to $621,000 to be used to meet TIF district obligations in the year 2002; and Third, it sets an interest rate for all interfund loans at 4.5% for 2002. Finance Director Hansen indicated that would change the existing loans. Council Member Stigney questioned how the City could change the interest rate on a loan it has already given at a fixed rate. Finance Director Hansen commented that it is a matter of philosophy as there are fixed rate and variable rate loans and the intent is to address the loans as a variable rate loan that is addressed from year to year. Council Member Stigney questioned whether the recipient of the loan would have the right to complain that the rate is changed or can Council do this. City Attorney Riggs clarified that Council is talking about internal loans so Council can set the rate. • Council Member Stigney asked if the EDA should be dealing with this item as it is a TIF district issue. Finance Director Hansen indicated it is a City Council issue but the question is whether the EDA should also take action on it. City Attorney Riggs advised dealing with the item as both entities. Mayor Sonterre noted the TIF portion should come back at the next EDA meeting. Council Member Stigney commented that the City took excess funds out of the TIF funds to be used within the legislative constraints and now it is being loaned back to the districts and the City will not have access to it. Finance Director Hansen indicated the City took the position when it made the transfer ofpre- 1997 interest that under state law that was not TIF money. He then indicated that one of the points of contention with the state auditor is that the state auditor is making the contention that it still is TIF money and that matter has not reached resolution yet. He further indicated that the TIF districts should have a surplus in 2003 and be able to begin paying the loan back. Council Member Stigney asked if it would be paid back within a year. i Mounds View City Council August 26, 2002 Regular Meeting Page 14 • Finance Director Hansen indicated it would be two or three years. Council Member Stigney suggested that before the funds are transferred around the City should wait for resolution of the state auditor issue. Finance Director Hansen indicated the TIF districts have a need to borrow the money today. He then commented that the TIF districts can borrow money more efficiently internally than externally. Council Member Stigney commented that once the money is borrowed from the City, the City has no access to the money until it is paid back. Council Member Thomas commented that there is a great likelihood of having all of that money paid back before resolution on the community funds. Finance Director Hansen said he hesitated to make a prediction but feels that within 12 months the TIF districts could be paying back. Council Member Marty indicated that borrowing money internally allows the City to pay itself back rather than paying an outside entity interest. Council Member Stigney commented that the City money is earning interest now but once it is pulled out it is no longer earning interest. Finance Director Hansen clarified that the money would earn interest either way because the fund doing the borrowing would pay interest to the fund doing the lending. He also commented that there are costs associated with originating a loan on the outside. Council Member Stigney asked how much interest the money is currently earning. Finance Director Hansen indicated the money is invested in a pool of all City funds with interest rates that vary depending upon the security purchased. He then said the interest being earned ranges from 1.5% to 5%. Council Member Stigney commented that the City cannot loan out the monies in fixed investments. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5829, a Resolution Authorizing Interfund Loans for the Year 2002 and Setting an Interest Rate on Loans. Council Member Marty commented that the Resolution shows loans to the golf course of $223,514, $306,800 and $250,000 for a total of $780,342. He then said he only recalls a loan to the golf course of $250,000. • Mounds View City Council August 26, 2002 Regular Meeting Page 15 • Finance Director Hansen indicated the loan from the water fund of $250,000 originated in the mid 1990's and the vehicle and equipment fund loan of $306,800 was added in 1999 or so. Mayor Sonterre noted these were discussed at the work session. Finance Director Hansen indicated the City needed to reestablish a reserve fund as of the year 2001 and that is the loan from the special projects fund on December 31, 2001 to have cash on hand as called for in the bond documents. Council Member Thomas indicated these are including the old loans for a cumulative total of all loans to the golf course. Finance Director Hansen clarified that this is all loans up to December 31, 2001. Ayes - 4 Nays - 1(Stigney) Motion carried. Council Member Stigney said he does not understand it and cannot support it. J. Resolution No. 5833 Authorizing the Execution of a Letter of Understanding and Enter into a Contract with the League of Minnesota Cities for the NPDES Phase II Storm Water Guide Plan. i Public Works Director Lee indicated that, in an effort to preserve the nations water supply system the United States Environmental Protection Agency has enacted the NPDES. He then indicated that Phase I was implemented in the early 1990's to City's with populations larger than 100,000 and construction sites of five acres or more. He further explained that NPDES Phase II needs to be implemented by cities 10,000 and larger and construction sites of one acre or more. Director Lee indicated the MPCA has applied for a general storm water permit for the whole state of Minnesota but, under the guidelines, cities with populations of 10,000 or greater need to comply and develop SWPPP. He then said that the League of Minnesota Cities has agreed to assist cities with developing plans and explained that the cost to work with the League for the plans would be $5,000 whereas if the City were to develop the plans themselves the cost estimate is $50,000 to $60,000. Council Member Thomas indicated the League has been very helpful to the City and she trusts them to assist with this project. Mayor Sonterre indicated he supports the $45,000 cost savings. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5833, a Resolution Authorizing the Execution of a Letter of Understanding and Entering into a Contract with the League of Minnesota Cities for the NPDES Phase II Storm Water Guide Plan. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council August 26, 2002 Regular Meeting Page 16 • Mayor Sonterre indicated he needed to step out and requested a five minute recess while the information for Item 8A is handed out. Council recessed at 8:50 p.m. Council reconvened at 8:58 p.m. 8. SPECIAL ORDER OF BUSINESS A. Resolution 5832 Appointing a Cable Technician Assistant City Administrator Reed read Resolution 5832. Council Member Thomas asked if this is Brandon's replacement. Assistant City Administrator Reed indicated this would be the replacement for the main position. Council Member Marty suggested that the Resolution state that the step increases would occur annually pending satisfactory performance evaluations. ® Council Member Thomas indicated that was not necessary because it is in the policy. Council Member Stigney amended the Resolution to include not more than 20 hours per week. MOTION/SECOND: Stigney/Marty. To Approve Resolution 5832 as Amended, a Resolution Appointing a Cable Technician. Council Member Stigney asked that this person's first duty be to establish a checklist for broadcasting to eliminate some of the issues the City has been having. Assistant City Administrator Reed indicated that she discussed the problems with the individual and he is aware of what the problem is and will develop a checklist and an incident log. City Administrator Miller indicated an inventory of equipment and equipment needs was also discussed. Mayor Sonterre commented that the former technician had to participate in special activities and, with the current motion of not to exceed 20 hours per week, he is not sure that there will be time for special events to be taped. Assistant City Administrator Reed indicated it was her understanding that the primary responsibility is to record public meetings and she is not sure there will be time to have the person at special events. Mounds View City Council August 26, 2002 Regular Meeting Page 17 City Administrator Miller indicated there was a suggestion made that perhaps those seeking taping could pay part of the salary. Mayor Sonterre on occasion DARE graduations were broadcast and the former technician did a conversation with the Mayor program that is not now being done. He then said that he is concerned that when the 20 hours are worked the person can do nothing else that week. Assistant City Administrator Reed indicated that the way the motion has been made the primary responsibility will be for recording public meetings and there probably will not be time for broadcasting or taping other events. City Administrator Miller indicated that Patrick averaged 30 hours per week. Mayor Sonterre asked whether the Administrative Staff felt the 20 hours was sufficient. Assistant City Administrator Reed indicated there would be times when things are not done if Council wants to hold to the 20 hours. Council Member Stigney commented that CTV has a strong volunteer program and can provide people to assist the City with recording or broadcasting other events. He then said that the reason for adding the 20 hour restriction is he feels that part time should not exceed 20 hours. Council Member Thomas commented that part time can still be part time and exceed 20 hours. Assistant City Administrator Reed indicated the City uses a 40-hour work week. City Administrator Miller suggested leaving the 20-hour limitation and Staff will come back to Council if it is an issue. Ayes - 5 Nays - 0 Motion carried. B. Resolution 5831 Approving a Retroactive Compensation Schedule for Kathleen Miller. Assistant City Administrator Reed indicated the City Administrator's performance review was held on August 5, 2002 and she was rated satisfactory or higher by her supervisors. She then indicated that Resolution 5831 approves the recommended compensation per her contract and the City's personnel policy. She further clarified that the last step increase would be September 18, 2002. Mayor Sonterre clarified that the cost of living raises were allocated to her. Assistant City Administrator Reed indicated that the cost of living wages were allocated to her but based on the lower wage. Mounds View City Council August 26, 2002 Regular Meeting Page 18 Council Member Stigney commented that the City did 4% for 2003 not 2002. Assistant City Administrator Reed clarified that the City did 4% for 2002 also. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5831, a Resolution Approving a Retroactive Compensation Schedule for Kathleen Miller. Council Member Stigney asked that the Resolution be read. Mayor Sonterre read Resolution 5831. Council Member Marty indicated he has serious concerns as to how the clerk administrator runs the City and he disagrees with the raise, the evaluation process and this Resolution. Council Member Marty commented that the Resolution states that she was rated satisfactory or higher by her supervisors and he did not rate her at either one of these categories. He then asked if there are copies of the evaluations in the City. Assistant City Administrator Reed said she did not have a copy. Council Member Marty commented that these are public documents. i City Attorney Riggs clarified that they are not public documents as this is private personnel data. Council Member Marty indicated he took exception to Mr. Bremeier reviewing the comments and giving his version to the City. Mayor Sonterre commented that the vote would indicate whether a majority of Ms. Miller's supervisors rate her performance as satisfactory or higher. Council Member Marty indicated he wanted to publicly state that he disagrees. Mayor Sonterre commented that the evaluation document is not public and he does not want it discussed. Council Member Marty referenced the synopsis and began to make a comment. Mayor Sonterre indicated that Council Member Marty was attempting to bring information from the document into discussion and asked the City Attorney for guidance. City Attorney Riggs indicated the evaluation has been completed. Mayor Sonterre indicated that Council Member Marty is attempting to draw analysis from the evaluation. Mounds View City Council August 26, 2002 Regular Meeting Page 19 Council Member Quick commented that Council Member Marty is trying to make a private document public and asked whether that was allowed. City Attorney Riggs indicated the evaluation has already been done and, if Council wants to revisit that evaluation, that should be done in closed session. Mayor Sonterre asked if any excerpts would be private. City Attorney Riggs indicated it is private personnel data. Council Member Marty commented that there are 41 votes in this document and 40 votes possible and there are 5 votes here and there are 41 in the document. He then said that he does not feel that all of his comments were put in and feels that Mr. Bremeier only placed before Council the comments he chose. Council Member Stigney asked if the City Administrator has a contract that supports the increases listed in the Resolution. Council Member Stigney asked if when the City hired the City Administrator by contract a Resolution was adopted. Assistant City Administrator Reed indicated she was not sure if a Resolution approving the hiring of the City Administrator was adopted. Council Member Stigney commented that the contract states she starts at $73,000 then moves to $75,00 after 6 months and after that there are only cost of living increases. He then said that, if a Resolution was not adopted outlining the other steps they are inappropriate. Assistant City Administrator Reed indicated that the Staff report references the City Administrator's contract as well as the City's personnel policy. She then indicated the City's policy manual indicates that increases will be given yearly on anniversary dates. Council Member Stigney commented that is for those hired within the step scale and is specified by Resolution. He then indicated that the contract is her working document and he sees no increases other than cost of living after the first year. Council Member Stigney said he questions how the figures were arrived at if no Resolution was located. He then said that the contract is signed by the City Administrator, the acting City Administrator and the Mayor. He further commented that anytime you increase from $73,000 to $87,965 plus a $300 monthly car allowance and mileage for leaving the metro area he feels it is completely out of line for a town of 12,600 people. Council Member Quick said that is your opinion. • Mounds View City Council August 26, 2002 Regular Meeting Page 20 Council Member Stigney commented that the Resolution references that the supervisors rated her performance as satisfactory or higher and he is not one that rated her satisfactory or higher. He then said he would not be part of a Resolution supporting something he does not and suggested that the Resolution specify the count and not include him. Council Member Thomas clarified that anytime there is language in a contract that says someone is eligible for salary adjustments as other employees that refers to the adjustments referenced in the City personnel policy. She then indicated that the contract applies to the first six months and the policy applies after that and to interpret it in any other way she cannot even see how you go there. Council Member Thomas said that any time there is a vote of this Council where there is not complete agreement it is one voice of the Council once it is done. She then said she has been on the losing end many times and does not care how often you are or are not on the losing end at the time when the majority of this Council makes the decision that is the voice of the Council regardless of what individual members feel and she gets very offended when you say that it is not the voice of the Council. She also said that she does not mind when someone stands up and says they disagree but it is inappropriate to say it is not the voice of the Council. Council Member Stigney said it is not his voice as he is not one that rated her satisfactory or higher. MOTION/SECOND: Quick/Sonterre. To Call the Question. Ayes - 3 Nays - 2(Marty/Stigney) Motion carried. Council Member Stigney suggested that Roberts Rules of Order requires unanimous approval to call the question. He then asked if City Attorney Riggs had brought his Roberts Rules of Order. City Attorney Riggs indicated that he did not have his copy with him and he does not believe that a unanimous vote is required to call the question. Council Member Stigney indicated that the City pays the City Attorney to provide guidance on these matters and asked that from now on he bring his copy of Roberts Rules of Order. Council Member Quick commented that Roberts Rules of Order does not require unanimous vote to call the question and indicate the Mayor makes the call. Ayes - 3 Nays - 2(Mariy/Stigney) Motion carried. • Mounds View City Council August 26, 2002 Regular Meeting Page 21 9. REPORTS A. Dan Coughlin's Resignation from the Park and Recreation Commission Mayor Sonterre indicated that Mark Pothin has also resigned from the Park and Recreation Commission making two vacancies on the Commission. Mayor Sonterre indicated that Mr. Coughlin was Chair of the Commission and that would mean that Mike Sczepanski would be moved to Chair and a new Vice Chair appointed. B. Schedule Date for Canvassing of Election Results Assistant City Administrator Reed indicated that state law requires the election results to be canvassed within 48 hours. She then asked if Council wished to do so on September 11, 2002 or September 12, 2002. Consent was reached to schedule the canvassing for September 12, 2002 at 6:00 p.m. Assistant City Administrator Reed indicated that the golf course manager had asked that Council come to the golf course for a tour prior to the next work session. She then indicated that Council should meet at the golf course at 5:00 p.m. City Administrator Miller indicated there was a Police Civil Service Commission meeting earlier this evening and there was a unanimous recommendation to advertise to fill the police chief vacancy. MOTION/SECOND: Marty/Thomas. To Authorize Staff to Advertise to Fill the Police Chief Vacancy. Council Member Stigney asked if that meeting was broadcast. City Administrator Miller indicated it was taped. Council Member Stigney asked why the meeting was not broadcast. City Administrator Miller indicated the City has never broadcast that meeting. Ayes - 5 Nays - 0 Motion carried. Council Member Marty asked where the City stands on making retribution or paying Chuck Chisholm for back pay. Assistant City Administrator Reed indicated she had sent a letter to AFSCME on July 30, 2002 offering a proposal for this person for back pay but had received no response so she has prepared Mounds View City Council August 26, 2002 Regular Meeting Page 22 • • r-.~ ~~ another letter that will go out tomorrow asking for a counterproposal if they disagree with the City's offer. Mayor Sonterre asked Staff to keep Council up to date on this matter. Assistant City Administrator Reed also mentioned that AFSCME is encouraging the City to offer a specific wage proposal to compensate at a specific step but the City's position is that they have not done that in the past and only offered a range. She further commented that she is not aware of anything in state statute that would require the City do as requested by AFSCME. Council Member Quick suggested in light of the fact that the police chief position is going to be advertised, the City hold off on reorganizing the police department and allow the new chief to determine the needs and structure of the department. Mayor Sonterre indicated he agreed as the City did that with the golf course. MOTION/SECOND: Quick/Marty. To Hold Off on the Reorganization of the Police Department Until the Police Chief is Hired. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. Minutes for August 12, 2002 Council Member Marty requested the following changes: On Page 3 add to last paragraph "and that he agreed with Council Member Stigney that a citizen of the United States is a citizen." On Page 6 he wanted to note that asked under just and correct claims for 108918, 108924, and clarification of pencils for 189.00 he has not received an answer. On page 11 under council business after motion/second second add "he also commented that no minutes for the year 2002 are on the website." And the last line it starts there are to be copies at the library and insert "in reality that the City Council meeting minutes are also to be at the library and that is not happening either." Council Member Stigney requested the following change: On Page 3 third sentence change the comment to include "because Mounds View does not grant citizenship." Mayor Sonterre requested the following change: On Page 4, top paragraph indicated he had seconded the motion because he thought it would make for good discussion and it had, however he would vote not to deny Mr. Hammerschmidt. Mayor Sonterre asked Staff to determine if the allegations made by Mr. Hammerschmidt of damage at his residence can be confirmed. Mounds View City Council Regular Meeting August 26, 2002 Page 23 City Administrator Miller indicated the City does not have an address for Mr. Hammerschmidt, i only a personal mailbox address. Council Member Thomas clarified that the vandalism to the van happened in the golf course parking lot and there is a report. City Administrator Miller clarified that the van was being stored at the golf course and had been stored at the golf course for a number of years without Council authorization. MOTION/SECOND: Thomas/Stigney. To Approve the Minutes of the City Council for August 12, 2002 as Amended. Ayes - 5 Nays - 0 Motion carried. 11. CLOSED SESSION A. Pending Litigation Council recessed to closed session at 9:43 p.m. 12. Next Council Work Session: Monday, September 3, 2002 Next Council Meeting: Monday, September 9, 2002 • 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. l~