Loading...
HomeMy WebLinkAboutMinutes - 2002/09/23• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~~'- a ~~ ` Regular Meeting (~' September 23, 2002 ~ ~ Mounds View City Hall ` 2401 Highway 10, Mounds View, MN 55112 7:08 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, September 23, 2002 City Council Agenda. MOTION/SECOND: Marty/Quick. To Approve the September 23, 2002, City Council Agenda as presented. • Ayes - 5 Nays - 0 Motion carried. 4. PUBLIC INPUT None. 5. JUST AND CORRECT CLAIMS Council Member Marty asked for further information on Check Number 109245 in the amount of $1,386... Finance Director Hansen indicated it was for the purchase of a new truck and noted the bulk of the fee was for sales tax with the smaller portion being the licensing fee. Council Member Marty asked if Check Number109252 was for the Pleasant View traffic signal. He then asked if this was Item B on the consent agenda. Finance Director Hansen indicated that it was. Council Member Marty asked for clarification on Check Number109256 for the statement "credit taken in error". • Mounds View City Council September 23, 2002 Regular Meeting Page 2 • Finance Director Hansen indicated he had not looked it up but assumes that the City took a credit on a previous month's payment that it was not entitled to. Council Member Marty asked for clarification on Check Number 109267 for a temporary employee in the amount of $280.00. Finance Director Hansen indicated the last invoice for Susan Houston had an error and he did not pay until he received the corrected invoice. Council Member Marty indicated that there was a charge of $666.00 for meals for election judges and noted that seemed high. Assistant City Administrator Reed explained that the amount was for 15 judges for morning and evening meals. Council Member Marty asked whether the City would recover any of the fine on Check Number 109282. Finance Director Hansen indicated the City does receive fines revenue from the County courts but the fines never equal the costs of apprehending and charging someone. . Council Member Marty asked for clarification of the check for building inspections in the amount of $1,587.00. Finance Director Hansen indicated he had looked this one up and the invoice dated back to last May during the strike. Council Member Marty commented that Check Number 109287 for a meter refund of $500.00 seemed high. Finance Director Hansen indicated he would need to look into it and report back. Council Member Marty asked for clarification on Check Number 109290 for a driveway reimbursement. Finance Director Hansen indicated this was related to the water service repair at that location. Public Works Director Lee indicated the City was required to repair the driveway that was damaged during the sewer break in the area. Council Member Marty commented that there were four identical charges of $761.55 from MMKR and asked for clarification. • Finance Director Hansen indicated that MMKR had billed the City one amount and he had allocated it to several different departments. Mounds View City Council September 23, 2002 Regular Meeting Page 3 • Council Member Marty asked for clarification on the temporary employees for $380.00 and $294.00. Finance Director Hansen indicated the amounts were for the temporary employee in the police department. Council Member Marty asked what Western Bank would have to do with the clubhouse food and beverage costs. Finance Director Hansen indicated it was a reimbursement of petty cash so the City makes out a to Western Bank and receives cash to place in the petty cash for the golf course. Council Member Marty asked for clarification on Check Number 109355. Finance Director Hansen indicated that one is for the golf course petty cash and the other is for City Hall petty cash. Council Member Stigney asked for clarification of the memo provided concerning documentation for expenses. • Finance Director Hansen indicated that of those that attended the conference, the only one that turned in documentation was Ms. Reed. Council Member Stigney asked if that included mileage. Finance Director Hansen indicated he was referring to documentation for expenses on the Visa bill. Council Member Stigney asked for further clarification. Finance Director Hansen indicated that there were seven charges on the bill and he only has documentation to substantiate the charges of Ms. Reed. He further commented that there was a charge found to be in error on the bill already and he needs documentation to ensure that the other charges are appropriate. He also noted that the civic center provided breakfast but some chose to charge the City for their breakfast instead. Council Member Stigney commented that it is interesting to note that if one of the council members had parked where the others did it would have been cheaper. He also noted the Community Center provided breakfast but some chose to pay for breakfast. Council Member Marty said he had a question on this item as well and suggested that the City should look into instituting a policy to require that documentation be provided within 30 days. He then pointed out that the finance department has 12 hours of staff time invested in trying to figure out this bill. • Mounds View City Council September 23, 2002 Regular Meeting Page 4 Mayor Sonterre asked if the documentation being referred to was for room charges. Finance Director Hansen indicated he was lacking any sort of background documents for the charges and noted he had one item removed that was in error. Council Member Stigney asked for Staff s recommendation for handling this type of matter. Finance Director Hansen indicated it would be helpful if Staff kept the documentation given to them when checking out of the hotel or when incurring any other expense for the City and that documentation should be turned in so that the receipts can be checked against the bill. MOTION/SECOND: Stigney/Thomas. To Approve Just and correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. • • 6. CONSENT AGENDA A. Licenses for Approval B. Resolution 5842 Amending the Budget of the Special Projects Fund for the Anoka County Payment Authorized by Resolution 5834. C. Resolution 5843 Authorizing the Purchase of a New File Server for the Finance Department D. Resolution 5849 Authorizing Staff to Attend the ICMA Annual Conference E. Resolution 5848 Granting a Commercial Kennel License to Sham-O-Jet Kennel F. Resolution 5846 Authorizing Payment of Severance to David Longville G. Resolution 5851 Approving the Jake's Development Agreement and Authorizing its Execution H. Resolution 5852 Authorizing Reconveyance of Use Deeds Associated with the Golf Course Tax Forfeited Parcels and Approving Applications for New Use Deed Applications I. Resolution 5853 Approving a Wetland Buffer Permit to Rebuild a Home Located at 2824 Woodcrest Drive J. Resolution 5839 Request for New Office Equipment: Replace Fax Machine L- 700 Council Member Marty requested that Items D, F, H, and I be removed for discussion. Council Member Stigney requested that Item G be removed for discussion. MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items A, B, C, E, and J as Presented. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council September 23, 2002 Regular Meeting Page 5 • MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item D as Presented. Council Member Marty commented that he did not feel it was appropriate for Staff to be asking for permission to send two Administrators to the conference when Council has asked Staff to cut costs. He then said that he felt that City Administrator Miller should attend alone. City Administrator Miller indicated she would not be attending the conference Ms. Reed would be. Assistant City Administrator Reed clarified that there is $2000 in the budget for both to attend but that is not enough for both of them to attend so the City Administrator has declined to go and she is taking her place. Council Member Stigney commented that he did not think it was necessary to send an Assistant Administrator to a national conference. Ayes - 3 Nays - 2(Marty/Stigney) Motion carried. MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item F as Presented. Council Member Marty indicated he had an issue with approving severance pay for Mr. Longville when he has only worked for the City for approximately five months. He then suggested that the City should consider withholding his accrued vacation in the amount of $1,021.14 toward partial reimbursement of the moving expenses fronted by the City when Mr. Longville was hired. He also asked how Mr. Longville could have accrued so much vacation in such a short amount of time. City Administrator Reed indicated she received the number from the finance department and noted that Mr. Longville would have accrued two weeks for one year of service and worked just shy of half a year so the amount seems right. Finance Director Hansen indicated that the figure seemed right and confirmed that Mr. Longville would have accrued two weeks on a 12-month calendar. Council Member Marty commented that he had missed the last meeting where the discussion was held concerning asking Mr. Longville to reimburse the City for moving expenses. He then said that he feels the City should be trying to recover the moving expenses, as Mr. Longville was not even employed for six months. He further commented that it did not seem right to pay him $1,000 for vacation. Mayor Sonterre commented that he agreed it was hard to swallow that the City paid for the moving expenses and he did not stay but noted that the incident is leading to a policy change in the future. He further commented that the City did not set any parameters for paying the moving expenses and has no grounds to seek reimbursement of those moving expenses. He then said that t Mounds View City Council September 23, 2002 Regular Meeting Page 6 the City cannot deviate from the personnel manual that states that Mr. Longville is entitled to his accrued vacation. Council Member Stigney agreed that the City could not do anything if it conflicts with the personnel policy but said he feels it could have been addressed at the meeting when he asked for 50% reimbursement and was voted down. Ayes - 5 Nays - 0 Motion carried. lr~ u MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item G as Presented. Council Member Stigney indicated he had removed this for discussion so that he could vote against it because he feels it would have been more beneficial to the City to have the office building previously approved in that location rather than a parking lot. Council Member Marty asked whether the guaranty on Page 4 had been provided. Community Development Director Ericson indicated that the language requiring a financial guaranty should have been removed, as it is not required because no public improvements are being made. Mayor Sonterre asked City Attorney Riggs for his opinion. City Attorney Riggs indicated it should be deleted. Council Member Marty offered a friendly amendment to remove the language in Section 2.02 requiring a financial guaranty. The Motioner and Seconder agreed to the friendly amendment. Ayes - 4 Nays - 1(Stigney) Motion carried. • MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item H as Presented. Council Member Marty indicated he had stopped in and talked to Jim to ask for acolor-coded document because the one he had received was gray. Community Development Director Ericson provided color copies to Council. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Quick/Sonterre. To Approve Consent Agenda Item I as Presented. Council Member Marty indicated he had stopped in and asked Jim for clarification on the elevations. Mounds View City Council September 23, 2002 Regular Meeting Page 7 Community Development Director Ericson indicated he had pulled the elevation contour maps and it shows that the wetland basin is located at 885 feet and the house is to be located between 894 and 896 so it would be constructed above the minimum building elevation. Ayes - 5 Nays - 0 Motion carried. 7. COUNCIL BUSINESS A. Public Hearing to Consider Resolution 5847, a Resolution Approving a Conditional Use Permit for Joint Facilities Parking and a Development Review for Abbey Carpet, to be Located at 2214 County Highway 10. Mayor Sonterre opened the public hearing at 7:34 p.m. Planner Atkinson indicated the applicants had requested a development review and conditional use permit to construct a building located on Highway 10 on the old Perkins site. He then said the building would consist of 21,809 square feet and noted the lot is irregularly shaped. Planner Atkinson indicated that Staff had gone through the requirements for a development review in the Staff report and they have all been met. Planner Atkinson indicated the parking requirement for this building is 94 spaces. He then explained that the site plan calls for the use of the 15% proof of parking and an additiona132 stalls of offsite parking through a conditional use permit to allow for joint facilities parking with the Mermaid. Planner Atkinson indicated that Council could waive the requirement of a development agreement if it feels one is not necessary. Otherwise, the requirement of a development agreement would be added to the Resolution. Planner Atkinson noted the applicant had brought a color rendering of the building to show Council. Mayor Sonterre asked if the negotiations surrounding the parking arrangements were amicable or if there were any anticipated problems with working it out. The Applicant indicated there was already a joint facilities agreement in place for Perkins and it is being changed slightly to fit their situation. Council Member Marty asked what the advantages would be to requiring a development agreement. Planner Atkinson explained that the development agreement provides controls to ensure that the development is constructed in the manner approved by Council. Mounds View City Council September 23, 2002 Regular Meeting Page 8 • Council Member Stigney asked if the trailways were addressed with this development. Planner Atkinson indicated the trailways were taken care of when the Mermaid expanded. Mayor Sonterre closed the public hearing at 7:38 p.m. Planner Atkinson showed a colored drawing of the proposed building. Council Member Marty questioned that it seemed that there were five spots for loading docks. Rob Carlson, the developer, indicated there would be three loading docks for the purposes of shipping and receiving. Council Member Stigney asked if there would be two tenants in addition to Abbey Carpet. Mr. Carlson indicated that Abbey would be taking 50% of the building and it is possible that the other half of the building could have two tenants. He then said that they have not begun marketing the building but would do so when construction has begun. MOTION/SECOND: Thomas/Marty. To Waive the Reading and Approve Resolution 5847, a • Resolution Approving a Conditional Use Permit for Joint Facilities Parking and a Development Review for Abbey Carpet, to be Located at 2214 County Highway 10. Ayes - 5 Nays - 0 Motion carried. B. Public Hearing to Consider the Rezoning of Adjacent Properties Located at 2901 and 2925 Highway 10 from B-3 and R-1 (Respectively) to R-3 (Collectively) to Allow for the Construction of Townhome Dwellings. Mayor Sonterre opened the public hearing at 7:44 p.m. Planner Atkinson explained that the Planning Commission reviewed the request and held a public hearing. He then said that there are two issues to be considered with a rezoning. The first is that the rezoning must be consistent with the Comprehensive Plan and, in this case, it is consistent because the Comprehensive Plan shows a mixed use PUD and R-3 would fall under the umbrella of mixed use PUD. The second criterion is that the rezoning not be detrimental to the surrounding area. Planner Atkinson indicated the Planning Commission felt that rezoning the two properties would be detrimental to the future land use planning. He then explained that the properties in question do not total three acres as is required for a rezoning to PUD. He further explained that the • properties on either side of the proposed properties also do not total three acres and that means that it would be impossible to achieve a PUD zoning in the future. Mounds View City Council September 23, 2002 Regular Meeting Page 9 Council Member Thomas asked if there was an hin that Staff could oint to as a valid reason Yt g P for Council to consider overturning the recommendation of the Planning Commission. Planner Atkinson indicated that Staff agreed with the Planning Commission that denial of the request would be the most appropriate action for the City. Council Member Marty commented that rezoning the two pieces in the middle would break up the PUD. He then said that he concurs with the Planning Commission and Staff. Mayor Sonterre closed the public hearing at 7:50 p.m. MOTION/SECOND: Quick/Marty. To Approve Resolution 5850, a Resolution Denying the Rezoning of Adjacent Properties Located at 2901 and 2925 Highway 10 from B-3 and R-1 to R- 3. Ayes - 5 Nays - 0 Motion carried. C. Second Reading and Adoption 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. • Finance Director Hansen explained that this ws the second reading of Ordinance 703, an Ordinance implementing a franchise fee on Xcel Energy electric and natural gas operations in the City. He then explained that the Ordinance allows for a fee of 4% on the electric and natural gas provided to residents and provides annual revenue to the City of approximately $380,000 to $400,000. He further explained that half of that revenue is placed in the general fund and the other half goes into the special revenue fund to be used as Council sees fit. Finance Director Hansen indicated it was his recommendation that the City continue with this revenue source, as it is better to have three revenue sources rather than two. MOTION/SECOND: Quick/Marty. To Waive the Reading, Approve the Second Reading, and Adopt 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 asked whether the Ordinance sets the percentage at 4%. City Attorney Riggs clarified that this Ordinance establishes the percentage at 4%. Council Member Marty pointed out that of the 4%, 2% goes into the streets fund. Finance Director Hansen clarified that 2% is placed in a special projects fund that can be used for • streets, parks or whatever Council wishes to use it for. ROLL CALL: Quick/Marty/Stigney/Thomas/Sonterre Mounds View City Council September 23, 2002 Regular Meeting Page 10 • Ayes - 5 Nays - 0 Motion carried. D. Second Reading and Adoption of Ordinance 704, Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2003. Finance Director Hansen indicated this is the companion ordinance for Reliant Energy to cover the few residents that receive service from that company. MOTION/SECOND: Thomas/Quick. To Waive the Reading, Approve the Second Reading, and Adopt Ordinance 704, Implementing a Franchise Fee on Reliant Energy Natural Gas Operations within the City of Mounds View for the Year 2003. ROLL CALL: Quick/Marty/Stigney/Thomas/Sonterre. Ayes - 5 Nays - 0 Motion carried. E. Resolution 5841 County Road H2 Street Project -Change Order No. 1 Authorizing Construction of a Pathway on County Road H from Old Highway 8 • to Edgewood Drive. Public Works Director Lee explained that a task force was formed with the School Distnct, City Staff, and interested residents to address the concerns over pedestrian safety for those children that are now being forced to walk that were being bussed. He then indicated that he had provided information at the July work session concerning an opportunity to construct a pathway along County Road H from Old Highway 8 to Edgewood Drive. He further indicated that the City needed to enter into a joint powers agreement with the County for the construction of this pathway and noted that the County would own and maintain the pathway but the City would be responsible to front the costs to construct it and for snow removal. Public Works Director Lee indicated that Staff is working with consultants for cost estimates on two other segments of pathway and provided preliminary pricing information on them. Public Works Director Lee indicated that Staff is recommending adoption of Resolution 5841. Council Member Thomas asked for clarification as to whether the Metropolitan Council has given the City assurance that it is willing to reimburse the City for the cost of the pathway. Public Works Director Lee indicated Staff would check with the Metropolitan Council but noted that there is a slight risk that the City may not be reimbursed for the pathway. • Council Member Thomas said she felt the risk was worth taking but wanted to point out that the City may not be reimbursed. Mounds View City Council September 23, 2002 Regular Meeting Page 11 • Mayor Sonterre indicated that Ramsey County is in the process of obtaining all the Rice Creek land in the TCAAP property and the Mounds View section is part of an overall pathway project to connect all of the Rice Creek property. Mayor Sonterre thanked Mr. Lee for the kudos given him but pointed out that his role was to bring the parties together and it was the foresight of Commissioner Bennett to tie into the County Parks Commission and he wanted to make sure that Commissioner Bennett gets the credit. City Administrator Miller indicated she had received a draft copy of a joint powers agreement for review. Council Member Marty asked for clarification of the language in the Resolution concerning amending the budget. Public Works Director Lee indicated he had received the wording from the Finance Director and the explained that the City Council adopts a budget and to change any of the funding needs to be done by resolution. Kathy Livingston, an employee of Sunnyside Middle School indicated that several staff members are very excited that the south side is looking good because the Townsedge Trailer Park kids live • on the south side and many walk to Sunnyside so it is a very important thing to do. Council Member Quick commented that the night that the Mayor, Crty Administrator, Commissioner Bennett, Mr. Murphy, the Principal of Edgewood Middle School, and City Staff were out observing the area he was amazed at the speed of the vehicles and then said it is a very dangerous situation. Mayor Sonterre commented that when they moved onto the bituminous surface no one slowed down. MOTION/SECOND: Stigney/Quick. To Waive the Reading and Approve Resolution 5841, a Resolution Authorizing the Construction of a Pathway on County Road H from Old Highway 8 to Edgewood Drive. Ayes - 5 Nays - 0 Motion carried. Mayor Sonterre asked Council to discuss a pathway on the north side. He then said he does not think that the first segment on its own is worthy because the City would have to consider Silver Lake Road because children would be forced to cross at an uncontrolled intersection. He then said that there are only three monitored crossing sites to the east and to the west there are no intersections that are striped for crosswalks or monitored by school patrol. Ms. Livingston from Sunnyside indicated she has worked there for 13 years and one of her responsibilities is to supervise the crossing guards on County Road H and it is a very dangerous Mounds View City Council September 23, 2002 Regular Meeting Page 12 • situation. he th n said that last fall the New Bri ton and Mounds View Police De artments S e gh p were out in force to try to slow traffic down. Ms. Livingston commented that even though Sunnyside is on the south side of County Road H, 80% of the children who attend Sunnyside live in the City of Mounds View. She then said she is at the meeting because she sees it every day and is worried about Mounds View children who have to cross County Road H and it will only get worse when children are teetering on snow piles waiting to cross and darting across County Road H to get to the safe side of the street where there is a sidewalk. Ms. Livingston indicated that the school has recorded 70 carpools on County Road H that drive to Sunnyside because they feel they cannot allow their children to walk. She then said that if they could have a sidewalk on the north side of County Road H to get the children to the area by the school and cross them there it may actually improve traffic because there would be fewer crossings. Ms. Livingston commented that parents and the school are asking for a pathway because the situation is an accident waiting to happen. She then said the school social worker was unable to attend the meeting and handed out a letter written by the social worker. Council Member Thomas asked for a dollar figure for the pathway from Silver Lake Road to the • western City limits. Public Works Director Lee indicated the number was $90,500. Council Member Thomas commented that she was concerned with the section from Highway 10 to Edgewood Drive and said that in order to have that section the students are expected to cross there and there is no residential on the north side so they are either coming from the trailer park and walk on the north side so you would have students crossing at Highway 10 to get to Edgewood. She then said that if there were no sidewalk by the commercial properties they would be encouraged to walk on the south side to Edgewood. Council Member Quick indicated he was curious if there are children coming down from the Pinewood area walking down Quincy and crossing 10 and dropping down through the industrial area down to County Road H. Council Member Thomas clarified that students do not have to cross anything and are not paying for buses that go to Sunnyside, who live in the area of Bronson and the Saturn dealership and it would be easier to cross them at H2 and walk down to Edgewood rather than walking through the business district. Mayor Sonterre commented that those paying for busing service are the ones that have to cross • Highway 10. Mounds View City Council September 23, 2002 Regular Meeting Page 13 Council Member Mart commented that in revious discussions it was stated that Mounds View Y p would be responsible for County Highway 10 up to Edgewood and New Brighton would be paying from Edgewood up to Long Lake Road. He then asked if New Brighton would be doing that. Public Works Director Lee indicated that New Brighton would have no involvement in this project as the pathway is already constructed in New Brighton. Bob Edmund of 7835 Groveland Road recommended Council ask for signs that say "state law stop for pedestrians in crosswalk" in an attempt to draw attention to the crossing areas and slow traffic down. Mayor Sonterre indicated the City has asked the County on other occasions for further crosswalk designations and the County did not see fit to grant the request. Council Member Thomas asked if there is any pull at all with the County to get further signage. Public Works Director Lee indicated he could request signage but indicated the County usually does not provide signage to deal with pedestrian right of ways. Mayor Sonterre indicated he stands there with an orange vest and an orange flag and vehicles do not think about stopping until he is out in the road. He then said that those drivers are not very observant and asked Mounds View and New Brighton Police to be more cognizant of crosswalk issues. Council Member Marty asked if the City puts in a pathway on the south side and on the north side if the County would be more likely to provide further crosswalk markings. Public Works Director Lee indicated he would need to work with Ramsey County to see what, if anything, they would be willing to allow. Council Member Marty indicated he would like increased signage and crosswalks between Edgewood and Silver Lake Road. Mayor Sonterre commented that he has been making calls for two years on this issue but said this is another justification that could be used. Council Member Quick suggested keeping the discussion on pathways for this point of the discussion. Mayor Sonterre commented that the north side is a challenge because of setbacks with fences and garages and shrubbery and the City would be looking at a four (4) foot setback from the street. He then said the numbers provided are based on a 10-foot wide bituminous path and he does not see that as a reality without causing a lot of issues with residents. • Mounds View City Council September 23, 2002 Regular Meeting Page 14 Council Member Quick commented that he thinks that should be left to the engineering staff. Council Member Marty questioned if the County would pay for this. Public Works Director Lee said no. He then said it could be requested but probably not. Council Member Marty asked why the pathway needed to be 10 feet wide. Mayor Sonterre indicated it was for maintenance purposes for the City. Public Works Director Lee indicated that, for the sake of consistency, Staff went with a 10-foot path on the north side but said it could be reduced to 8 feet. MOTION/SECOND: Quick/Marty. To Direct Staff to proceed with Sidewalks on the North Side of County Road H from Edgewood Drive to Silver Lake Road and Silver Lake Road to the Western City Limits to Include Setback Widths and Information at the Next Council Meeting. Council Member 5tigney commented that the City needed to identify funding sources for this. Ayes - 5 Nays - 0 Motion carried. • MOTION/SECOND: Quick/Marty. To Direct Staff to contact Ramsey County about putting a Semaphore in the Vicinity of Sunnyside to Control Traffic at Whatever Point is the Most Beneficial for the School to get Students from the North Side to the South Side. Ayes - 5 Nays - 0 Motion carried. F. Resolution 5854 Approving Settlement Agreement and Release of Claims City Attorney Riggs indicated Resolution 5854 summarizes two litigation matters, a workers comp matter and a subrogation matter the City had versus the insured's insurance company. City Attorney Riggs explained that the recommendation from Mr. Iverson is that the City approve the settlement agreement and the City's subrogation claim for $45,000. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5854, a Resolution Approving Settlement Agreement and Release of Claims. Council Member Marty commented that this claim began in 1997 and is just now being settled. City Attorney Riggs indicated that is not atypical of a personal injury matter. Council Member Marty asked if the settlement looks in order to the City Attorney. Mounds View City Council September 23, 2002 Regular Meeting Page 15 • Cit Attorne Ri s commented that Mr. Iverson is a ve re utable attorne and he and the Y Y gg rY p Y League recommend the dollar figure and he concurs with those recommendations. Council Member Marty commented that the City would receive $5,000 and the League would receive $40,0000. He then asked what Mr. Mortenson would get. City Attorney Riggs indicated Mr. Mortenson was paid for workers compensation and this is an issue of the City, through the League, recovering from the individual who caused the accident. Council Member Stigney asked if the total increase in premiums of $21,236 was aone-time penalty or if the City is continuing to be penalized. Finance Director Hansen explained that the workers compensation policy starts out with a base rate for each job classification and those rates are adjusted up or down based on an experience modifier that is determined by past claims. He then indicated that a claim drop off every three years. Council Member Marty commented that, if the City did not have any claims, then there would be no experience modifier. Finance Director Hansen indicated that, in theory, if the City had no claims for a year there . would be a positive experience modifier and that would amount to a lower rate for the year. Ayes - 5 Nays - 0 Motion carried. 8. SPECIAL ORDER OF BUSINESS A. Resolution 5845, a Resolution Authorizing a Step Increase for Desaree Crane Mayor Sonterre read Resolution 5845. MOTION/SECONI?: Quick/Stigney. To Approve Resolution 5845, a Resolution Authorizing a Step Increase for Desaree Crane. Ayes - 5 Nays - 0 Motion carried. 9. REPORTS Public Works Director Lee provided a report on a parcel in Mounds View located at the far western end of Woodale Drive and noted there had been numerous calls from concerned residents. Public Works Director Lee explained that the existing grading permit was inadequate and Staff • had drafted a new permit. He then read the conditions of the permit. Mounds View City Council September 23, 2002 Regular Meeting Page 16 Public Works Director Lee indicated a letter would be sent to neighborhood residents to make sure they are aware of what is going on. Council Member Stigney indicated he had asked Mr. Lee to comment on the situation because he had received several calls concerning the matter. He then said he had been told there is a big mound of dirt and asked for confirmation that the site would be graded. Public Works Director Lee indicated that Palda and Sons would be doing the grading but right now material is being stockpiled. Council Member Stigney asked if there was bituminous being dumped there. Public Works Director Lee indicated the contractor is not bringing in any but said he could not say that there would not be any chunks inadvertently included in the fill. Council Member Marty asked if the report was available to the public, as he has gotten some calls on this matter. Public Works Director Lee indicated he would send out an information letter to those in the area and indicated Council could direct calls to him concerning the matter. i Council Member Stigney commented that some of the concern was about drainage and asked who would oversee any drainage issues. Public Works Director Lee indicated the City would inspect the grading and noted the permit would require the current property owner to protect the property to the east with silt fencing or a 15-foot buffer. Council Member Thomas asked if Staff had gotten the letter from Mrs. Amundson and asked for a copy of that letter. Council Member Marty asked for clarification of the comment in the report that the storm sewer was functioning but in need of repairs. Public Works Director Lee indicated the manhole was broken apart and is no longer functioning as well as the flared end section that has broken away from the rest of the pipe. He then said that the system is functioning but needs to be fixed. Mayor Sonterre confirmed that, as a condition of the permit, the permit holder is ultimately responsible for cleaning excessive soils from the paved surfaces. Public Works Director Lee confirmed that the permit holder must clean excessive soils from the • paved surfaces. He then commented that the permit holder could contract for that service if desired but he is ultimately responsible for cleaning it up. Mounds View City Council September 23, 2002 Regular Meeting Page 17 • Ma or Sonterre commented that the Cit is not a 'n for the adin or cleanin . Y Y p Yi g ~' g g Public Works Director Lee confirmed that the City is not paying for the grading or cleaning at that site but noted that the City would be responsible for cleaning the street if it causes any excessive soils when using the sight for dumping after sweeping streets. Council Member Marty indicated he had heard that the sand used on the streets in winter contains arsenic or cyanide and expressed concern that these types of materials were being dumped on the property. Council Member Quick indicated a previous Council had wondered the same thing so had some sand analyzed and it was determined that by the time the sand is swept up there is nothing harmful in it. City Administrator Miller reported that she had received the scheduled date for arbitration for the two former employee matters and it is January 20, 2003. Council Member Thomas reported that last Thursday at a special legislative session a bill was passed to address sales tax on gravel that could be a significant savings to the City. Council Member Marty indicated he was wondering where the City stands with the Chuck Chisholm matter. Assistant City Administrator Reed indicated the City had received a letter this afternoon and Council would be going into closed session to discuss this and another AFSCME matter. Council Member Marty indicated he was curious as to the total in wages and back pay what the City's contribution to the public employees retirement for the City Clerk Administrator with the new step increase was. Council Member Marty indicated that it had come to his attention that the public works director's review probationary period was extended by several months. Mayor Sonterre indicated that matter could not be discussed publicly as it is an employment matter. Mayor Sonterre noted he had spent an hour on WCCO radio discussing transportation and regional planning and had received numerous phone calls as a result. He then suggested that the City team up with some other cities that are in a similar situation because there maybe strength in numbers. He then asked Staff to look at the noise study survey to find out which cities are in the same general category. Mayor Sonterre indicated there would be a legislative outreach forum for public officials running . for office at the state level at City Hall on October 15, 2002 from 7:00 p.m. to 9:00 p.m. Mounds View City Council September 23, 2002 Regular Meeting Page 18 • 1 APR VAL OF MI T 0. P O NU ES A. Minutes for September 9, 2002 Council Member Thomas requested the following change: On Page 8, add that she had not spoken to the administrator about this matter for several weeks. Council Member Marty requested the following change: On Page 8, sixth paragraph, first line change "the" to "she". MOTION/SECOND: Thomas/Stigney. To Approve the Minutes of the City Council for September 9, 2002 as Amended. Council Member Marty abstained from voting on the Minutes as he was not present for the meeting. Ayes - 4 Nays - 0 Motion carried. 11. CLOSED SESSION A. Labor Negotiations Council Member Marty indicated that the September 3, 2002 work session aired during the time slot that the September 9, 2002 City Council meeting should have been playing. Mayor Sonterre indicated Council would adjourn from closed session. Finance Director Hansen indicated there would be a Special Council meeting on October 7, 2002 just prior to the work session to consider proposals for special water revenue bonds. MOTION/SECOND: Thomas/Marty. To Recess to Closed Session to Discuss Labor Negotiations. Ayes - 5 Nays - 0 Motion carried. Council recessed to closed session at 8:55 p.m. The City Council unanimously directed staff to draft a resolution establishing the Club House Clerk's rate of pay at step two for the next City Council Agenda. 12. Next Council Work Session: Monday, October 7, 2002 Next Council Meeting: October 14, 2002 • 13. ADJOURNMENT Mounds View City Council September 23, 2002 Regular Meeting Page 19 • r Mayo Sonterre adjourned the meeting at 9:20 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. • •