Loading...
HomeMy WebLinkAboutMinutes - 2002/10/14PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ', ~ Regular Meeting "~ ~ October 14, 2002 ~ I ~- ~ ~'~Z Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Sonterre, Quick, Marty, Stigney, and Thomas. 3. APPROVAL OF AGENDA A. Monday, October 14, 2002 City Council Agenda. Community Development Director Ericson asked to have item 8C removed from the Agenda as it is not ready at this time. • Assistant City Administrator Reed asked whether Council would prefer to move the department quarterly reports to Council Business rather than the reports section of the meeting. Council agreed to move the quarterly reports to Council Business. Mayor Sonterre indicated there would be no item 11. City Administrator Miller asked that a discussion of scheduling a meeting to canvass the November 5, 2002 election results be added under Council Business. MOTION/SECOND: Marty/Stigney. To Approve the October 14, 2002, City Council Agenda as amended. Ayes - 5 Nays - 0 Motion carried. 4. PUBLIC INPUT David Jahnke of 8428 Eastwood Road said he had watched the work session and is concerned about appointing elected officials to the cable commission because he is afraid of politics going back into it. He then said that he is concerned about the budget as the time to approve the budget is approaching and he has heard of no further meetings to discuss reducing the numbers. He also said he would like to have each department come to Council with ways to cut budgets in light of difficult economic times. Mounds View City Council October 14, 2002 Regular Meeting Page 2 Mayor Sonterre indicated that each department head has been asked to find ways to cut costs and he then noted that there is an item on the agenda to schedule a work session to discuss budgets. City Administrator Miller indicated that she and the finance director are going through the department budgets line item by line item and meeting with each department head. Mr. Jahnke indicated he was concerned that the budget would be pushed late and before any discussion could take place Council would be forced to approve it. Council Member Quick asked someone to comment on the constraints that the state has put on the City. Mayor Sonterre noted that, due to aid to local government, the City maximized the levy as its initial levy statement and that has the City going backwards $41,000 from the current year's budget. He then commented that the City not only needs to be wary of where it is spending dollars the City needs to go back $41,000 from the 2002 budget to hit the maximum dollar amount allowed by the state. Council Member Quick commented that anytime there is a zero increase in the budget you take inflation from the year before and that is the amount that the budget has been diminished. He • further commented that a 3% inflation means there is a 3% decrease in the budget. He also commented that there were three positions removed from the budget. Mr. Jahnke said he commended Council for being more fiscally accountable in the past year. Council Member Stigney commented that the positions are in the budget even if they are not used so there is still an increase. Council Member Quick commented that any money left would go into the different funds but the City is backing up a minimum of 3%. Council Member Stigney said he disagreed because last year's budget had funds for three positions so you still have the money from those three positions. He then said that he does not feel that last year's budget was as fiscally responsible as it could be. City Administrator Miller clarified that the positions that were not filled are not in the proposed budget for next year. Jerry Skelly of 7095 Knollwood Drive addressed Council and commented as to the cable committee and his presence as cable commissioner from Mounds View. He then explained how the committee has worked over the years and noted that he has always been answerable to the City as he was appointed by the City Council. • Mounds View City Council October 14, 2002 Regular Meeting Page 3 • Mr. Skelly indicated that for years he made reports to City Administrators, Mayors, and Council and, as time passed, the City began televising cable commission meetings and created a City Administrator Advisory Committee that fed information into the Commission as well as providing abundant information to the cities. He then said that he wanted it to be clear to Council and the residents that he did not just wander over there and start attending meetings, he was appointed by the City. Mr. Skelly indicated the local committee has no connection with CTV other than all of the volunteer work that is done. He then said he made a mistake at the last meeting when he suggested that only three cities had non-elected officials because in reality, all but four had non- elected officials in the early days. Mr. Skelly commended the Charter Commission for providing a profound election forum. Barbara Haake of 3024 County Road I addressed Council and discussed the differences between a committee and commission. Ms. Haake provided handouts to Council. Ms. Haake clarified that the committee has never been paid and is not asking to ever be paid. She then noted the cable committee does have a budget that comes from the citizen subscriber fees. Ms. Haake recommended that Council keep the committee a committee and offered to meet with Council at a work session to discuss the matter. 5. JUST AND CORRECT CLAIMS Council Member Stigney asked what the commission dinner charge was for. City Administrator Miller indicated that item was cancelled. Council Member Stigney asked for clarification on the batteries plus charge as it seems the City uses a lot of batteries. Finance Director Hansen indicated he was not sure which batteries were in which vehicles but said he does know the City has a number of vehicles as well as things like emergency lights in buildings. He then invited Council Member Stigney to stop by his office to view the invoices for further information. Council Member Stigney asked why the City purchased ant killer if the City has an exterminator. Public Works Director Lee explained that Will Kill has a contract for pest control at City Hall and the Community Center and the supplies purchased were for some park buildings. Council Member Marty asked whether the City of Fridley residents were billed for water and sewer provided by the City. Mounds View City Council October 14, 2002 Regular Meeting Page 4 .. Finance Director Hansen explained that Fridley bills Mounds View for the services and Mounds View bills the residents. Council Member Marty commented that there was an invoice from Kennedy & Graven for the Kessel matter in the amount of $36.80, the Hammerschmidt matter for $5,907and the AFSCME matter for $256.00. He then asked for an explanation of the other claim. City Attorney Riggs indicated the matter was a claim being defended by the League of Minnesota Cities. Council Member Marty commented that the total to Kennedy & Graven was $22,000. Council Member Marty noted there was a charge of $530 for the City Administrator and the Assistant City Administrator to attend a seminar. City Administrator Miller clarified that the seminar is in town. Mayor Sonterre clarified that half of the $22,000 is to be reimbursed as part of the agreement on the golf course billboard matter. He then said that the approximate remaining amount of $11,000 is high but not as shocking as the $22,000. • Council Member Marty asked whether the costs for a temporary employee were for the temporary police department employee and Finance Director Hansen indicated that was correct. Council Member Marty asked what Staff was doing to ensure that the City is reimbursed when there is not a closing. Community Development Director Ericson explained that Staff has put some language in the development application to make it clearer that the developer will be responsible for charges incurred as a result of the application being processed. Council Member Marty questioned the $432.00 on the SAC fee matter. Finance Director Hansen explained that the SAC fee of $43,000 was paid but there remains $432.00 in administrative costs yet to be paid on the matter. Council Member Stigney asked what the $409.50 to ECM publishers was for. Finance Director Hansen explained that the Community Center has been experimenting with different types of advertising to see if bookings increase. Council Member Stigney asked if advertising is in the budget for the Community Center. • Mounds View City Council October 14, 2002 Regular Meeting Page 5 • Finance Director Hansen indicated that the Community Center budget does contain funds for advertising. MOTION/SECOND: Marty/Stigney. To Approve Just and correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 6. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for 7:05 p.m., Monday, October 28, 2002, to Consider a Conditional Use Permit request for Automotive Repair at 2135 Program Avenue, Site of the Wash-Me Car Wash C. Resolution No. 5859 Approving the Contract Award for the Upgrade of the City Hall Sump Pumps D. Resolution 5855 Approving the 2003 SCORE Recycling Grant Request to Ramsey County Council Member Stigney requested that Item C be removed for discussion. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Items A, B, and D as Presented. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Quick/Thomas. To Approve Consent Agenda Item C as Presented. Council Member Stigney said he was curious as to why he had not heard about a City Hall sump pump over the course of the last six years and now it is suddenly an issue. Public Works Director Lee said he was not sure why the sump pump was not addressed by previous Staff but said he feels the matter should be dealt with as each time the fuses are blown it costs the City $300.00. Ayes - 5 Nays - 0 Motion carried. 7. COUNCIL BUSINESS A. Consideration of Resolution 5857, a Resolution Approving a Development Review for SYSCO Minnesota. Planner Atkinson explained that SYSCO Minnesota was proposing two separate expansions totaling 36,300 additional square feet but the expansion would bring no additional employees so • parking would not be affected. He then noted that all requirements were reviewed by Staff and Staff recommends approval of the request. Mounds View City Council October 14, 2002 Regular Meeting Page 6 • Mayor Sonterre asked if Staff had any information on the approval of the drainage by Rice Creek. Planner Atkinson indicated that Staff had not yet heard from Rice Creek on the matter but said that any approval would be contingent upon approval from Rice Creek Watershed District. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5857, a Resolution Approving a Development Review for SYSCO Minnesota. Ayes - 5 Nays - 0 Motion carried. B. Resolution 5861 Authorizing the Expansion of Administrative Offenses to Specific Minor Moving Traffic Violations. Deputy Chief Brennan briefly explained the proposed Resolution. Council Member Stigney indicated that prior to the meeting someone asked him whether noise violations could be handled in this manner. Deputy Chief Brennan indicated the Code addresses loud parties and said that the police department usually addresses loud mufflers with court citations as the City does not use fix it tickets. He further explained that administrative offenses are used for loud parties. Council Member Marty indicated he had been asked by several residents if there was anything the City could do with regard to the use of Jake brakes coming into town on County Road I. Deputy Chief Brennan indicated he had seen that type of sign posted in other communities. Council Member Thomas indicated she had previous conversations with Community Development Director Ericson and understands that the City has no authority for new traffic laws on a state highway. Council Member Marty asked Staff to look into it and bring the matter back to a work session. Mayor Sonterre suggested using the information sharing list through the League of Minnesota Cities for possible assistance with more information and City Administrator Miller indicated she had the information and would provide it to Deputy Chief Brennan. Mayor Sonterre clarified that Resolution 5861 was amended to read 1988 not 1998. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5861, a Resolution Authorizing the Expansion of Administrative Offenses to Specific Minor Moving • Traffic Violations. Mounds View City Council October 14, 2002 Regular Meeting Page 7 Ayes - 5 Nays - 0 Motion carried. C. Resolution No. 5860, a Resolution Authorizing the Execution of a Joint Powers Agreement with Ramsey County for Improvement of the Rice Creek North Regional Trail Corridor on County Road H from Old Highway 8 to Edgewood Drive. C7 Public Works Director Lee explained that on September 23, 2002 Council approved Change Order Number 1 authorizing the construction of a pathway contingent upon entering into a joint powers agreement with the County. He then indicated that the City would construct the pathway at a cost of approximately $55,000 and the County would then submit a request for regional park funds to the Metropolitan Council in an effort to reimburse the City. He further explained that there is no guarantee of reimbursement but it looks promising. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution No. 5860, a Resolution Authorizing the Execution of a Joint Powers Agreement with Ramsey County for Improvement of the Rice Creek North Regional Trail Corridor on County Road H from Old Highway 8 to Edgewood Drive. Council Member Thomas asked Staff to take measures to ensure the safety of children during the construction of the path or a special construction schedule for traffic safety concerns. Public Works Director Lee said he did not think there would be conflict with the children and the construction because the construction is between four and ten feet back from the curb. T Council Member Thomas indicated she would encourage hazard fencing. Public Works Director Lee indicated that construction times could be specified to address the safety issues. Council Member Quick suggested contacting the County to close that section completely during the construction. Ayes - 5 Nays - 0 Motion carried. Council Member Quick asked Staff to notify Edgewood that construction would be starting. D. Consideration and First Reading of Ordinance 705, an Ordinance Amending Title 100, Chapter 105 of the Mounds View Municipal Code by Amending Section 105.03 as to the Compensation of the Mayor and Council Members in the City of Mounds View. • City Administrator Miller indicated that at the October work session Council Member Stigney had suggested looking at the Mayor and Council salaries as they were last reviewed in July of Mounds View City Council October 14, 2002 Regular Meeting Page 8 • 1993. She then indicated that after review Staff has determined that chan in the wa es would g g g require amending the Code. City Administrator Miller explained that Council Member Stigney had suggested looking at the increases that were given to staff members for those years. She then indicated that she and the Finance Director had provided a proposed increase based on a total compound increase of 31.04%. The Mayor's salary would increase to $6,683.04 and Council salary would increase to $5,896.80. Council Member Thomas indicated that the personnel manual covers employees and not Council. She then said that the Charter and City Code govern the salary of Council and the Mayor and not the personnel manual. She further stated that she finds it odd to be considering a pay increase for Council when faced with an economic struggle. Council Member Stigney indicated the reason the question came up is because there has not been an increase since 1993. He then indicated that other cities, including Vadnais Heights, had recently increased salary for Council. He also indicated he would prefer to round the numbers off rather than use the odd amounts suggested. City Administrator Miller indicated she had provided in the packet a copy of the Association of Municipalities Salary Survey done in 2002 so that Council could review the average salaries of cities the same size as Mounds View. Council Member Quick asked for afive-minute recess. Council recessed at 8:10 p.m. Council reconvened at 8:15 p.m. Council Member Stigney suggested using a rounded figure such as an increase of $50, $75, or $100 per month. Council Member Marty asked how far off that suggestion would be from the averages for the other cities the same size as Mounds View. Mayor Sonterre indicated the average would require an increase of $96.00 per month for the Mayor and $44.00 for Council. Council Member Quick suggested $6,500 for Mayor and $5,500 for Council. Council Member Stigney suggested increasing both salaries by the same amount. City Administrator Miller indicated the same percentage was applied to the Mayor and Council positions. She then suggested rounding the figures provided by Staff up or down. ~J Mounds View City Council October 14, 2002 Regular Meeting Page 9 Council Member Marty indicated he puts in a lot of time into reading information and attending events in addition to the Council meetings and, since there has been no increase since 1993, he feels it is time for an adjustment. Council Member Quick moved approval of the Ordinance with the increases changed to $100.00 per month for Mayor and Council Members. MOTION/SECOND: Quick/Stigney. To Waive the First Reading and Introduce the First Reading of Ordinance 705, an Ordinance Amending Title 100, Chapter 105 of the Mounds View Municipal Code by Amending Section 105.03 as to the Compensation of the Mayor and Council Members in the City of Mounds View as Amended. ROLL CALL: Stigney/Quick/Thomas/Marty/Sonterre. Ayes - 4 Nays - 1(Thomas) Motion carried. E. Consideration and First Reading of Ordinance 706, and Ordinance Amending Title 400, Chapter 401 of the Mounds View Municipal Code by Amending Section 401.02 Subdivision 1 as to the Membership of the Planning and Zoning Commission. • City Administrator Miller explained that at the September work session Council discussed membership of the Commissions and heard from the Staff liaisons that it would be preferable to reduce the Commission members from 9 to 7 and the attached Ordinance would do that. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Introduce the First Reading of Ordinance 706, and Ordinance Amending Title 400, Chapter 401 of the Mounds View Municipal Code by Amending Section 401.02 Subdivision 1 as to the Membership of the Planning and Zoning Commission. Council Member Thomas asked if there would be a way to increase the number to 9 if there were suddenly more interest in serving. Mayor Sonterre commented that it takes weeks to get one applicant but, if there is a situation where the City has numerous applicants, Council could revisit the matter and consider increasing the size of the Commissions. Council Member Marty pointed out that during the debate it was stated that this action had already been taken and that was not the case. Mayor Sonterre indicated he may have done so. City Administrator Miller clarified that it was the consensus of Council to reduce the numbers and was merely a matter of Staff bringing the Ordinance to Council for approval. C~ J Mounds View City Council October 14, 2002 Regular Meeting Page 10 Ayes - 5 Nays - 0 Motion carried. F. Consideration and First Reading of Ordinance 707, an Ordinance Amending Title 400, Chapter 405 of the Mounds View Municipal Code by Amending Section 405.02 Subdivision 1 as to the Appointment of Members of the Parks and Recreation Commission. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Introduce the First Reading of Ordinance 707, an Ordinance Amending Title 400, Chapter 405 of the Mounds View Municipal Code by Amending Section 405.02 Subdivision 1 as to the Appointment of Members of the Parks and Recreation Commission. Ayes - 5 Nays - 0 Motion carried. G. Police Department Quarterly report • Deputy Chief Brennan provided a brief overview of his quarterly report noting that the report spans the months of June through September. Deputy Chief Brennan reviewed the community events the police department has been involved with during the last quarter. Deputy Chief Brennan reviewed the training conducted during the last quarter. Deputy Chief Brennan reviewed equipment purchased and being used by the police department. Deputy Chief Brennan reviewed the grants that the police department continues to benefit from. Deputy Chief Brennan noted will need to replace the records management software. Deputy Chief Brennan noted that, after more than a year of investigation, the police were able to identify the person responsible for several assaults and he was arrested in New Brighton. He then indicated that, on August 12, 2002, police department representatives and the Ramsey County Health Department held a community forum at Townsedge Manufactured Home Park and it was a positive step toward addressing problems with the residents. Deputy Chief Brennan reviewed arrest and citation statistics with Council. Deputy Chief Brennan mentioned that officers are getting called to theft from autos on a regular basis and then stressed that residents should keep their eyes open and, if they see kids out after curfew, call the police to check it out. Mounds View City Council October 14, 2002 Regular Meeting Page 11 Council Member Stigney asked if there would be any chance of obtaining grant money for the MDC units. Deputy Chief Brennan indicated he is not a member but went to the National Chief's Conference and had the opportunity to discuss grant availability and found that there is currently no funding at this time but said he would continue to monitor for funds. Council Member Stigney asked Deputy Chief Brennan to check where the bullet proof vests came from because he saw something on the news about vests from one of the large manufactures, possibly in Florida, failing. Deputy Chief Brennan indicated he would check on the department's vests but said that any vests purchased would have to meet NIJ standards. Council Member Marty asked how many of the traffic tickets issued were for actual moving violations. Deputy Chief Brennan indicated he had run a report but said that he had not had time to analyze the numerous pages of detail. He then said that approximately 10% of the offenses are administrative offenses. • Council Member Quick asked if the police department does any kind of radar patrol or speeding patrol on Long Lake Road in the vicinity of County Road H after school. Deputy Chief Brennan indicated that the officers are attempting to concentrate a presence at the school when not on a call. He then said that he knows that the area does get a lot of attention as he has seen radar logs. Council Member Marty indicated he had spoken to Deputy Chief Brennan concerning New Brighton setting up speed stops and was told that New Brighton has laser. He then asked how much it would cost the City for laser equipment. Deputy Chief Brennan indicated that the cost would be $5,000 to $6,000 per unit. Council Member Marty asked if there are grants available for the purchase of laser equipment. Deputy Chief Brennan indicated that New Brighton had won their unit through a drawing with the safe and sober program. Council Member Marty indicated he thought the City should have another AED unit to be able to keep one at the Community Center and one at the golf course and those in the squad cars. Deputy Chief Brennan indicated the units are nice to have but cautioned that the shelf life on the • batteries is approximatelyl8rnonths and the batteries are $200 each time so the City does not Mounds View City Council October 14, 2002 Regular Meeting Page 12 want to have too man units but four ma be nice so one could be laced at the Communit Y Y p Y Center. Council Member Thomas asked how often they are used. Deputy Chief Brennan indicated they are deployed frequently but are not actually used for shocking very often. Council Member Thomas indicated she was not sure why the City would need anything more than four since the Community is relatively small. Mayor Sonterre commented that 85% of the children attending Sunnyside live in Mounds View but the area is predominantly patrolled by New Brighton. He then said that he is concerned with the absolute failure of motorists to obey the law with regard to pedestrian crossings. Council Member Quick asked if the department uses the unmarked vehicle for patrol. Deputy Chief Brennan indicated that since the unmarked squad was involved in an accident a number of years ago the policy has been not to use it as it does not have the same level of emergency lighting as the regular squads do. • Mayor Sonterre asked if the unmarked squad would be adequately set up for speed patrol. Deputy Chief Brennan indicated that the unmarked vehicle could make traffic stops but said that it would not participate in pursuits once the marked squads have joined in. H. Community Development Quarterly Report Community Development Director Ericson provided a brief overview of his quarterly report. Community Development Director Ericson reviewed the third quarter budget figures with Council. Community Development Director Ericson provided Council with a development update. Council Member Stigney asked if the figures include TIF districts. Community Development Director Ericson indicated the funds were from building permit applications. Council Member Marty asked for clarif cation on the code violation information. Community Development Director Ericson explained that the first column indicates whether the . code violation was proactive, meaning something the City found, or whether it was something complaint based. Mounds View City Council October 14, 2002 Regular Meeting Page 13 • Council Member Marty asked if the City fines for code violations. Community Development Director Ericson indicated Staff could do an administrative offense or a court citation and there are pros and cons to both scenarios based upon the situation. Council Member Marty asked if the City receives funds to cover costs in the court citation issues. Community Development Director Ericson indicated the City does get something back but it does not cover the costs. Council Member Marty commented that NHHI had come to Council a few months ago for some assistance to write letters and asked if that issue had been resolved. Community Development Director Ericson indicated that NHHI did not request anything but Accessible Space Incorporated had come to Council and that is an affiliation of 1vHHI. Council Member Thomas commented that Colonial Craft must be the as of yet unnamed organization coming to the business park. Community Development Director Ericson indicated that Staff felt comfortable naming the business now because there was a recent article in the Twin Cities Business Journal concerning the move to Mounds View. Community Development Director Ericson provided Council with an overview of redevelopment activity in the City. Community Development Director Ericson provided Council with an overview of the housing activity in the City. Council Member Quick left the meeting at 9:29 p.m. Community Development Director Ericson indicated the Metropolitan Council would be having a meeting on October 16, 2002 on Blueprint 2030. Council Member Quick returned at 9:34 p.m. Council Member Thomas suggested putting the local police department telephone number on the City's website. She then mentioned that residents could contact the Housing Resource Center for assistance with purchasing and installing insulating windows in an attempt to insulate from the noise of the highway while the City works on the sound wall issue. Council Member Marty asked City Administrator Miller to put item 4F on the next work session to discuss the back rent issue. He then thanked Mr. Ericson for getting the minutes and agendas on the website. Mounds View City Council October 14, 2002 Regular Meeting Page 14 • Mayor Sonterre indicated that the Housing Resource Center is located in Shoreview and said that residents could go there for information. He then commented on the Blueprint 2030 and said he has attended four meetings and encouraged others to attend, if for no other reason, to see someone else in the hot seat. Council recessed at 9:38 p.m. Council reconvened at 9:44 p.m. 8. SPECIAL ORDER OF BUSINESS A. Resolution 5844 Approving a Seasonal Ice Rink Maintenance Position Assistant City Administrator Reed indicated this item was before Council at a previous work session as requested by the Public Works Director. She then read Resolution 5844. MOTION/SECOND: Quick/Marty. To Approve Resolution 5844, a Resolution Approving a Seasonal Ice Rink Maintenance Position. Mayor Sonterre asked how many hours per week the person would work. Public Works Director Lee indicated it would range from 20 to 40 hours based on need. Ayes - 5 Nays - 0 Motion carried. B. Resolution 5862 Establishing a Wage for the Former Clubhouse Clerk Assistant City Administrator Reed indicated that this item was discussed a number of times in closed session and the issue is that in 2001 the City Council abolished a three tired payment plan for those that gave golf course lessons and directed Staff to create a job description that included golf course lessons and operational duties. She then indicated that Labor Relations recommended 122 pay points with a maximum of $15.56 per hour for 2001. Assistant City Administrator Reed indicated that the City has been in discussions with AFSCME and they are looking at this situation differently than the City. She then indicated that it was the recommendation of Staff based on input from Council to set the wage at Step 2 effective June 16, 2001 through October 11, 2001 when he left employment with the City. MOTION/SECOND: Quick/Thomas. To Approve Resolution 5862, a Resolution Establishing a Wage for the Former Clubhouse Clerk. Assistant City Administrator Reed read Resolution 5862. • Mounds View City Council October 14, 2002 Regular Meeting Page 15 . Council Member Mart said he found it unacce table that the Cit has not aid this individual Y p Y p for five months worth of pay from 2001. He then said that it seems to him that previously some of the information that was provided to Council, such as the Hayes points, have been adjusted and readjusted and he has seen this position in a memo linked to other positions in the City and he does not understand why this has been all over the board and the City has not paid for over a year. Assistant City Administrator Reed clarified that, as stated in the Staff report, this was an issue City Staff brought to Council in August of 2001 but AFSCME had asked that it be taken off the agenda until the contract was negotiated. She further clarified that the only reason this is back on the agenda is because Staff put it on the table during the last day of negotiations. She also noted that AFSCME is under the impression that the City was to negotiate an actual dollar per hour wage although there is nothing in state statute and nothing in the contract requiring the City to do so. Assistant City Administrator Reed indicated that Staff has spent a number of weeks explaining the City's position and direction was given unanimously to establish the wage at Step 2 and that is what is before Council. Council Member Quick indicated he remembered when Council agreed to hold off on this at AFSCME's urging the question was asked of the employee if that person was okay with holding off and he had said he was. He then said he is glad the matter is being resolved. City Administrator Miller emphasized that while AFSCME asked the City not to deal with this until the contract was negotiated, they never placed the matter on the table, the City did so on the final day of negotiations. Ayes - 4 Nays -1(Marty) Motion carried. 9. REPORTS A. Schedule of Additional Work Session for the Budget Finance Director Hansen suggested using Monday, October 21, 2002 as a budget work session meeting. There was consent to discuss the general fund budget on October 21, 2002 at 6:00 p.m. There was consent to discuss the rest of the funds on November 6, 2002 at 6:00 p.m. B. Consider Innovative Images, LLC/Mounds View Community Center Banquet Facility Proposal to Dismiss all Claims Against the City of Mounds View. • City Attorney Riggs handed out two handouts, one was correspondence from legal counsel for Innovative Images and the second item was correspondence the City forwarded to that counsel on Mounds View City Council October 14, 2002 Regular Meeting Page 16 • November 21, 2001. He also noted that there was a document included that had been put together by the Finance Director with input from the City Administrator. Council Member Stigney asked for a legal recommendation on the matter. City Attorney Riggs said he thinks it is best to have closure on the matter. He then said that Council has before it information on what is perceived to be owed and what is owed by the City according to the Finance Director as well as the request and he is not sure what the request is based upon. Mayor Sonterre indicated that the $7,500 settlement number did not come with any detailed explanation as to where that number was derived from. He then said he would like to know what that number represents. Finance Director Hansen explained that during 2001 the City retained the services of MMKR to review contracts and one of those contracts was the Innovative Images contract. He then said that the evaluation was made that Innovative Images was overpaid leaving an amount of $1,901 owed to the city as of December 31, 2000. He then said that based on the fact that Elegant Thymes took over management of the banquet center in the spring of 2002, the City sought to pay Elegant Thymes for the appropriate share of the management fees regardless of who managed the center and allocated the money between the two firms based on business that was • conducted under their management. Finance Director Hansen indicated that, based on that information, $2,587 was owed to Innovative Images and, taking the $1901 to the City for 2000 and the $2,587 from the City to Innovative Images for 2001 the net is that the City owes Innovative Images $686.00 based on the records and work of MMKR. Mr. Linke indicated the problem with those numbers is that they should be based on who wrote the contracts that got the business into the facility and Elegant Thymes did not do that through 2001. He then said that Innovative Images wrote most of those contracts and the payment should be based not on who was managing the facility but on who wrote the contract that brought the business to the City. Mayor Sonterre asked if that is in the contract. City Administrator Miller said no. Mr. Linke said yes. He then said there are conflicts as to amounts due based on net and gross including all fees collected which the City claims are not correct but that is a different issue. He then said that, as he understands it, his attorney came up with legal fees that have been expended and they want to get out of this thing and are willing to settle for $7,500. City Administrator Miller reminded Council that these numbers were put together by MMKR based on an analysis of the contract. Mounds View City Council October 14, 2002 Regular Meeting Page 17 • Mayor Sonterre asked what the City spent on legal fees on this matter. City Administrator Miller indicated she did not have those figures at this time but could look into the matter. Council Member Stigney said the letter from Mr. Halva referenced a telephone conversation with the City Attorney. He then asked what was discussed. City Attorney Riggs indicated there was no discussion of a settlement proposal other than asking if the matter could be resolved. MOTION/SECOND: Quick/Stigney. To Table This Matter to the October 28, 2002 Meeting to Allow Time for Staff to Generate More Information. Ayes - 5 Nays - 0 Motion carried. Council Member Stigney indicated he would like a legal opinion from the City Attorney, including a valid settlement recommendation. Council Member Marty indicated he had attended the recent rotary meeting where AED was • discussed and he would like the City to discuss purchasing another unit to keep at the Community Center. He also indicated that New Brighton is working on a video that would show how to operate the AED in an attempt to alleviate the fear of operation. Council Member Marty indicated the candidates' speeches would be aired on CTV-15 on October 15, 2002 at 8:00 p.m. and asked if Staff could scroll that information on Channel 16 to inform residents. Council Member Marty indicated he had been approached by residents concerning the property on Woodale where fill is being dumped. He then said that the property contains a berm that has not been leveled out and he is concerned that, even after the leveling, that property would be higher than the neighboring properties. Council Member Thomas asked for a schedule of about when the grading will be completed. Public Works Director Lee indicated some grading had been done and leveled off a month ago but they are continuing to bring in fill periodically and will level it off. He then said that the property would be filled to the street elevation and slope to the north to allow for drainage and noted that no drainage would be allowed to flow from the subject property onto adjacent properties. He also indicated that the City uses the site as a fill location and the budget would need to be adjusted by $3,000 if the City is not able to use that location for depositing sand from • street sweeping. Mounds View City Council October 14, 2002 Regular Meeting Page 18 • Ma or Sonterre commented that eve site has a maximum ca acity and that needs to be looked Y rY p at for this site. Council Member Marty commented that he is concerned with potential liability for the City. Public Works Director Lee said he is confident that the fill would have no adverse affect on the adjacent properties. Council Member Quick asked for an update on the system for pumping sump pump water into the streets. Public Works Director Lee indicated that Staff is surveying properties in that area to see how they are discharging sump water. He then said that SEH has been told that residents along H2 do not have sump pumps. Council Member Stigney indicated that rather than rebroadcast the last Charter Commission Meeting the Charter Commission has asked that the candidates' forum be replayed during those times. Community Development Director Ericson indicated that there is a candidates' forum scheduled for October 15, 2002 at City Hall from 7:00 p.m. to 9:00 p.m. • Mayor Sonterre reminded Council that he had won a drawing fora $500.00 donation for recreational purposes at the League of Minnesota Cities convention. He then asked for authorization to place the $500.00 in the park dedication fund. It was the consent of Council to place the $500.00 in the park dedication fund. Mayor Sonterre reported that the City was to receive a $2,000 donation toward the City's annual festival as part of the contract with the Visitor's and, Convention Bureau but he has learned that the president of the Festival in the Park Corporation sent an invoice for $2,000 to them and was sent a check that should have come to the City. He then asked City Attorney Riggs for direction as to how to proceed. City Attorney Riggs indicated it was his recollection that the money was to come to the City. He then said he would review the contract and report back. Mayor Sonterre indicated that Pinewood held an open house on September 30, 2002 and said the improvements were very nice and something to be proud of. Mayor Sonterre indicated he had attended the Homeland Security Task Force meeting and the turnout was incredible. He then said that various agencies discussed services available and the next phase would be to work out joint powers agreements with other counties. • Mounds View City Council October 14, 2002 Regular Meeting Page 19 . Ma or Sonterre commented that the le islative outreach ro ams have all been ood. He then Y g p ~' g said there was a forum for lieutenant governor candidates that proved the point that the candidates do not have a grasp of local issues but he noted that Representative Crinke answered the question as to what the local government aid formula and does it work the best by stating that he had no idea what the formula was as it has changed so much over time. A. Minutes for September 23, 2002 Council Member Marty requested the following changes: On Page 5, second to last sentence • under Mayor Sonterre add the word "not". On page 8, fifth line indicate that Council Member Marty questioned that it seemed that there were five spots for loading docks. On page 10, item third line add "that are now being forced to walk that were previously being bussed." On page in the middle of the page add that Council Member Marty asked if the City puts in a pathway on the south side and also on the north side, if the county would be more likely to provide further crosswalk markings. Council Member Stigney requested the following change: On page 3 second paragraph second sentence clarify that he also noted that the civic center provided breakfast but some chose to charge the City for their breakfast instead. e, 13 MOTION/SECOND: Marty/Stigney. To Approve the Minutes of the City Council for September 23, 2002 as Amended. Ayes - 5 Mayor Sonterre indicated that the Metropolitan Council is discussing redistricting and he is concerned with a preliminary proposal to tie together center cities with suburban areas. Mayor Sonterre reported that Woodcrest Baptist Church service that was a blue and white day tribute to firefighters and policemen in the area. He then said it was an unbelievable tribute to the work that law enforcement agents do in the City and a great event. 10. APPROVAL OF MINUTES Council Member Thomas requested the following change: On Page 12 at the bottom clarify that the students do not have to cross anything and are not paying for buses. 11. CLOSED SESSION Nays - 0 Motion carried. None. 12. Next Council Work Session: Next Council Meeting: Monday, November 4, 2002 October 28, 2002 Mounds View City Council October 14, 2002 Regular Meeting Page 20 13. ADJOURNMENT Mayor Sonterre adjourned the meeting at 10:43 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. • •