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HomeMy WebLinkAboutMinutes - 2002/09/09PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA '~~ ~~ , r ~~. ' Regular Meeting ~~ ~ ~ `i r~~~ V September 9, 2002 Mounds View City Hall /~j J~~ Q~~ 2401 Highway 10, Mounds View, MN 55112 7:15 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty (absent), Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, September 9, 2002 City Council Agenda. • MOTION/SECOND: Quick/Stigney. To Approve the September 9, 2002, City Council Agenda as presented. Ayes - 4 Nays - 0 Motion carried. 4. PUBLIC INPUT David Jahnke of 8428 Eastwood Road indicated he had a comment on Consent Agenda Item C. Mayor Sonterre said he would pull Item C for discussion. 5. JUST AND CORRECT CLAIMS MOTION/SECOND: Thomas/Quick. To Approve Just and correct Claims as Presented. Ayes - 4 Nays - 0 Motion carried. 6. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for 7:05 p.m., Monday, September 23, 2002, to Consider a Conditional Use Permit for Joint Facilities Parking for Abbey Carpet, to be Located at 2214 Highway 10. Mounds View City Council September 9, 2002 Regular Meeting Page 2 • C. Set a Public Hearing for 7:10 p.m., Monday, September 23, 2002, to Consider the Request to Rezone Properties Located at 2901 and 2925 Highway 10 from B-3 and R-1 to R-3, Medium Density Residential, to Allow for the Construction of Townhome Dwellings. D. Resolution 5834 Authorizing the Execution of a Joint Powers Agreement with Anoka County. E. Resolution 5838 Authorizing David Longville to Continue to Serve as Golf Course Manager on an Interim Basis. Mayor Sonterre requested that Item 6C be removed for discussion. Council Member Stigney asked that Item 6E be removed for discussion. MOTION/SECOND: Stigney/Quick. To Approve Consent Agenda A, B, D, as Presented. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item 6C as Presented. David Jahnke of 8428 Eastwood Road indicated he does not feel that the City needs any more townhomes along Highway 10. He then said he feels strongly that the City should bring more businesses to Highway 10 because business brings more business. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item 6E as Presented. Council Member Stigney indicated he would like to have the resolution read and said he would like to make a comment after it is read. Mayor Sonterre read Resolution 5838. Council Member Stigney indicated a resident had raised a concern about the fact that the City paid to move the golf course manager and he has resigned without finishing out the season. He then asked Council to consider whether to ask for reimbursement of those moving costs. City Administrator Miller indicated it was the Council's choice whether to ask for repayment but said there were no stipulations attached to the payment of the moving expenses. She then indicated that Mr. Longville has accumulated many flex hours and when he terminated employment with the City he lost in excess of 300 hours. ~J ~ J Mounds View City Council September 9, 2002 Regular Meeting Page 3 • Mayor Sonterre commented that the question was appropriate but stated that no outcome of that discussion would affect the Resolution presented to Council. He then suggested that this discussion be heard during the reports section of the meeting. Council Member Stigney commented that losing flex time when an employee quits is not much of an argument as far as he is concerned. Council Member Stigney asked what hours Mr. Longville would be working. City Administrator Miller indicated she would be meeting with Mr. Longville to establish regular hours for him. Ayes - 4 Nays - 0 Motion carried. 7. COUNCIL BUSINESS A. Public Hearing, Second Reading and Adoption of Ordinance 702, an Ordinance to Consider the Rezoning of Lot 2, Block 1, Anthony Properties Addition, from Planned Unit Development (PUD) to Highway Business (B-3). ~.~ Mayor Sonterre opened the public hearing at 7:27 p.m. Director Ericson briefly reviewed the request for Council. Mayor Sonterre closed the public hearing at 7:29 p.m. MOTION/SECOND: Quick/Thomas. To Waive the Reading, Approve the Second Reading and Adopt Ordinance 702, an Ordinance to Consider the Rezoning of Lot 2, Block 1, Anthony Properties Addition, from Planned Unit Development (PUD) to Highway Business (B-3). Council Member Stigney commented that this was supposed to be a PUD to bring an office building to the City and an office building would have provided more of a tax base than a parking lot. He then said he was opposed last time and is opposed this time. ROLL CALL: Quick/Stigney/Thomas/Sonterre. Ayes - 3 Nays - 1(Stigney). Motion carried. B. Public Hearing, Second Reading and Consideration of Ordinance 701, an Ordinance to Consider an Amendment to Chapter 1106 of the Mounds View Zoning Code Pertaining to Accessory Structures. Mayor Sonterre opened the public hearing at 7:30 p.m. Mounds View City Council September 9, 2002 Regular Meeting Page 4 Community Development Director Ericson explained that this was the second reading of Ordinance 701, and noted this was necessary for housekeeping purposes to update the zoning code to make it consistent with a previous change. Council Member Thomas commented that she felt this was a move in the right direction concerning accessory structures. Mayor Sonterre closed the public hearing at 7:31 p.m. MOTION/SECOND: Thomas/Stigney. To Waive the Reading, Approve the Second Reading, and Adopt Ordinance 701, an Ordinance Amending Chapter 1106 of the Mounds View Zoning Code Pertaining to Accessory Structures. Council Member Stigney indicated this changes the allowed square footage of accessory structures to go from 1400 square feet to 1800 square feet. ROLL CALL: Quick/Stigney/Thomas/Sonterre. Ayes - 4 Nays - 0 Motion carried. C. Public Hearing, First Reading and Consideration of Ordinance 703, Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations Within the City of Mounds View for the Year 2003. Mayor Sonterre opened the public hearing at 7:33 p.m. Finance Director Hansen indicated this Ordinance would continue the franchise fee on Xcel Energy electric and natural gas operations within the city of Mounds View for the year 2003. Mayor Sonterre closed the public hearing at 7:35 p.m. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Introduce the First Reading of Ordinance 703, Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations Within the City of Mounds View for the Year 2003. Council Member Stigney commented that this Ordinance continues the franchise fee of 4% on electric and gas. Council Member Thomas indicated that someday she would like to see this franchise fee eliminated but said that due to the budget situation it is necessary at this time. Ayes - 4 Nays - 0 Motion carried. • Mounds View City Council September 9, 2002 Regular Meeting Page 5 • D. Public Hearing, First Reading and Consideration of Ordinance 704, Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2003. Mayor Sonterre opened the public hearing at 7:36 p.m. Finance Director Hansen indicated this Ordinance would continue the franchise fee on Reliant Energy operations within Mounds View for the year 2003. Mayor Sonterre closed the public hearing at 7:37 p.m. MOTION/SECOND: Stigney/Quick. To Waive the Reading and Introduce the First Reading of Ordinance 704, an Ordinance Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2003. Council Member Stigney commented that this would continue the 4% franchise fee on Reliant customers. Ayes - 4 Nays - 0 Motion carried. • E. Resolution 5840 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2003. Finance Director Hansen indicated the State of Minnesota requires that local governments follow a procedure to ensure that citizens have adequate notice of the property tax levy. He then indicated that the City would be exempt from that process again this year because the City's levy is below the required amount but noted Council wished to follow that process and the truth-in- taxation hearing would be held on December 9, 2002. MOTION/SECOND: Quick/Sonterre. To Waive the Reading and Approve Resolution 5840, a Resolution Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2003. Ayes - 4 Nays - 0 Motion carried. F. Resolution 5836 Calling for the Sale of the City's General Obligation Water Revenue Refunding Bonds, Series 2002A. Finance Director Hanson indicated the City's financial advisor recommended that the City sell refunding bonds for those sold in 1993 as the interest rates are down from that time and doing so would save the City in excess of $100,000 in interest over the life of the bonds. MOTION/SECOND: Stigney/Thomas. To Waive the Reading and Approve Resolution 5836, a • Resolution Calling for the Sale of the City's General Obligation Water Revenue Refunding Bonds, Series 2002A. Mounds View City Council September 9, 2002 Regular Meeting Page 6 • Ayes - 4 Nays - 0 Motion carried. G. Resolution 5827 Accepting the Annual Financial Report for the Year Ended December 31, 2001. Finance Director Hansen indicated that the Annual Financial Report was discussed at length at the August 19, 2002 work session and the report is before Council to officially accept the report and ratify the data. MOTION/SECOND: Quick/Stigney. To Waive the Reading and Approve Resolution 5827, a Resolution Accepting the Annual Financial Report for the Year Ended December 31, 2001. Ayes - 4 Nays - 0 Motion carried. H. Resolution 5837 Authorizing Certification of the Proposed General Fund Budget & Property Tax Levy for Fiscal Year 2003. Finance Director Hansen indicated the City is required to certify to Ramsey County by September 15, 2002, a preliminary property tax levy. He then indicated that, as the budget discussions proceed, that amount could be lowered but not raised. He further commented that due to the uncertainties with regard to state aid he would recommend certifying the maximum levy. Finance Director Hansen explained that due to a calculation related to the state aid funds for next year the promised increase forces the City to reduce its tax level below 2002. Council Member Stigney asked that Resolution 5837 be read. Finance Director Hansen read Resolution 5837. MOTION/SECOND: Quick/Thomas. To Approve Resolution 5837, a Resolution Authorizing Certification of the Proposed General Fund Budget & Property Tax Levy for Fiscal Year 2003. Council Member Stigney commented that the Resolution establishes the levy amount at $2,543,290. He then commented that Council, in the past, has not been too good at lowering the preliminary amount. Council Member Stigney suggested a friendly amendment to the motion to reduce the preliminary levy to $2,500,000. Council Member Quick did not accept the friendly amendment. • Mounds View City Council September 9, 2002 Regular Meeting Page 7 • ~J Council Member Thomas indicated she liked the idea of lowering the amount but she thinks it is difficult to set a number at this time. She then said she would like to use that number as a target number during budget discussions. Council Member Stigney indicated he did not expect it to happen. Jerry Linke of 2319 Knoll Drive said he finds it incredible that the City has not spent hours going over the budget. He then said that previous Council's used to start the budget process in May so that they would know where they were going at this time of year. Council Member Quick clarified that Council knows where it is going and to accept an amendment arbitrarily to lower the levy without justification or documentation would be ludicrous and arbitrary and capricious. Council Member Stigney said it would be fiscally responsible. Council Member Quick commented that it would be a gimmick for residents to think the funds were being reduced. Council Member Stigney indicated that he has never approved a budget because whatever is on the preliminary levy is what is approved, it has never been lowered. Ayes - 3 Nays - 1(Stigney) Motion carried. 8. SPECIAL ORDER OF BUSINESS A. Resolution 5818, a Resolution Appointing Peter Szurek to the Parks Department. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5818, a Resolution Appointing Peter Szurek to the Parks Department. Ayes - 4 Nays - 0 Motion carried. ~J 9. REPORTS City Administrator Miller indicated she had received a call from the Mayor of Fridley asking her to extend an invitation to the 9/11 event he is hosting at the Fridley High School football field. She then noted that fire departments and police departments from surrounding communities are being invited. Community Development Director Ericson informed Council that Ed Donatelle is not feeling very well. Mounds View City Council September 9, 2002 Regular Meeting Page 8 Council Member Stigney indicated he had listened to the audio tape from the last Police Civil Service Commission meeting and has a concern about a comment made by City Administrator Miller. Council Member Quick asked whether the meeting was closed at the time due to personnel matters. It was determined that the meeting was not closed at the time. Council Member Stigney indicated he was concerned because the City Administrator had said she had spoken to the Mayor prior to the meeting and it would not be necessary to discuss the reorganization of the police department because she had talked to Council then corrected her statement to say that she had talked to a couple of Council Members and it is not necessary to discuss it. He then asked the City Attorney if there had been a serial communication. City Administrator Miller indicated she had listened to the tape and, frankly, never said that. She then indicated she had said that she had talked with a number of Council Members over a period of time and said she is not sure what is being referred to. Council Member Stigney indicated he is talking about the statement that she made that she talked to the Mayor and a couple of Council Members and it is not necessary to discuss the . reorganization. City Administrator Miller indicated she did not recall that comment but said she would listen to the tape again. She then clarified that she did hear from a couple of Council Members that the reorganization would not be necessary. Council Member Stigney indicated that the comment, as he understands it, indicated that she had spoken to two other Council Members. He then asked City Attorney Riggs if it is true that one Council Member cannot contact two other Council Members. City Attorney Riggs indicated that contact for the purpose of making a decision is not allowed, general discussion is questionable, and social discussions would be allowed. He then said that, if that had happened, it would be a violation. Council Member Stigney said he does not think it hurt anything one way or the other but felt, if that was taking place, it should be corrected. City Administrator Miller indicated it was her intent that she spoke to two Council Members, Council Member Quick and Mayor Sonterre and Council Member Quick had stressed that when hiring the golf course manager the City had held off on the reorganization and the same should be done for the police department. • Council Member Thomas indicated she had not spoken to the administrator about this matter for several weeks and had never talked to the Mayor about this issue. Mounds View City Council September 9, 2002 Regular Meeting Page 9 City Administrator Miller indicated she was referring to her conversations with Mayor Sonterre and Council Member Quick. Council Member Stigney indicated that is really not what is on the tape and he wanted to clarify. Council Member Quick commented for the record that he keeps in constant contact with the City Administrator and calls her almost every day. Mayor Sonterre clarified that he did not discuss the matter with other Council Members. Mayor Sonterre reported that he had participated in a one-hour talk show on WCCO radio concerning transportation funding. Council Member Stigney indicated he was concerned with the golf course manager leaving the City without finishing out one season. He then asked if Council feels that he should be asked for full or partial reimbursement of the moving expenses. Council Member Thomas commented that it is a good question to ask and she thinks it needs to be considered but, considering the circumstances, she could not, in good conscience, ask for it as it was offered in good faith and he accepted it with good faith and intent and no one expected this season to go the way it has. She then said that she thinks it is highly unfortunate that he is leaving but part of her cannot blame him. She further commented that this is a reflection of what he has experienced since he has been here and she cannot see penahzmg him for it. Council Member Stigney indicated he does not know what is going on and the only thing he does know is that he gave atwo-week notice. He then commented that he feels giving atwo-week notice for someone in a management position lacks professionalism. He further commented the money came out of residents' pockets and he thinks Council should ask for it. Mayor Sonterre indicated he has been thinking about this and the problem he has is what formula do you use, what is an adequate term for what the City gave him and how do you prorate the time versus the moving allocation. He then said he shares the concerns but does not think there is a means by which to respectfully ask for that money back with a formalized methodology. Council Member Stigney indicated it was not too difficult for him to ask. MOTION/SECOND: Stigney. To Ask Former Golf Course Manager Longville to reimburse the City for 50% of the Moving Fees Allocated to Him. The Motion failed for lack of a second. Mayor Sonterre asked if Council wished to pursue this any further. Mounds View City Council September 9, 2002 Regular Meeting Page 10 City Administrator Miller indicated there was a lesson learned in this matter. She then said there were no ties to the moving expenses and recommended in the future that tenure be tied to moving expenses. Council Member Quick commented that he thinks Council would agree that the golf course has not looked this good for a long time. He then said that Mr. Longville has done a lot of work up there. He further commented that the City Administrator has stated that Mr. Longville lost a lot of comp time when he resigned and, if this is not a good fit for him, it is his decision. Council Member Quick commented that Mr. Longville could have walked away but he is staying on as an interim basis and he is dismayed that this was even brought up. He then said that, in the real world, it would never happen. Council Member Quick reported that he, the Mayor, the City Administrator, the Principal of Edgewood Junior High, and Commissioner Bennett went and looked at the situation at Edgewood and County Road H concerning the foot traffic and kids coming from the manufactured home park south of the Mermaid. He then explained that the kids have to walk up Hand some all the way up to Sunnyside and some to Edgewood. He further indicated that the group discussed some options and, since there was not a majority of Council, there was just discussion trying to determine what would be the best route to go. He also indicated there are two alternatives • MOTION/SECOND: Quick/Sonterre. To Direct Staff to Research Both Options and Bring a Plan Back to Council at the Earliest Possible Time for Consideration. Council Member Quick indicated he thought the City needed to resolve the matter immediately and get the kids off of County Road H. Mayor Sonterre explained there are two plans, a pathway on the south side of H connecting the New Brighton pathway to the County section on Old Highway 8 and the second option is a pathway on the north side connecting to the County Highway 10 path in front of the Mermaid to Silver Lake Road. Mayor Sonterre commented that it is a significant and serious public health issue that exists along that road with the number of children walking with no pathway. He then commented he had heard an interesting statistic and, it should be noted, that there are more children from Mounds View attending Sunnyside than from New Brighton and there is a serious deficiency in getting them there. Council Member Stigney asked if there would be County funds available. Mayor Sonterre indicated that there maybe County funds available and indicated Public Works Director Lee would follow up. • Mounds View City Council September 9, 2002 Regular Meeting Page 11 • A. Minutes for August 26, 2002 Council Member Quick indicated the intent of his motion is to have Staff look for funds and how to get them as well as review what can be done. 10. APPROVAL OF MINUTES Council Member Thomas requested the following change: On Page 9, fourth paragraph, third sentence, after guard rail insert "the entire length of the median." MOTION/SECOND: Thomas/Quick. To Approve the Minutes of the City Council for August 26, 2002 as Amended. Ayes - 4 11. CLOSED SESSION Nays - 0 Motion carried. A. Pending Litigation • None. 12. Next Council Work Session: Next Council Meeting: Monday, October 7, 2002 September 12, 2002 (Special Council Meeting) • 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at 8:15 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.