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HomeMy WebLinkAboutMinutes - 2002/12/09• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW MSEY COUNTY, MINNESOTA Regular Meeting December 9, 2002 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:20 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Mayor Sonterre, Council Member Quick, Council Member Marty, Council Member Stigney, and Council Member Thomas. 3. APPROVAL OF AGENDA Mayor Sonterre indicated that Staff had asked to add two items to the consent agenda. The first is to set a public hearing for 7:05 p.m., Monday, December 30, 2002 to consider a resolution amending Resolution 5719 relating to interim use permits for billboards at the Bridges Golf Course. The second is to set a public hearing for 7:10 p.m., Monday, December 30, 2002 to consider the second reading and adoption of Ordinance 708, an Ordinance amending Section 1008 of the Mounds View Municipal Code pertaining to billboards. Staff also asked that the first reading of Ordinance 708 be added under Council Business. Council Member Stigney asked if there was a reason these items needed to be heard on December 30, 2002 or if they could be held over until the first of the year. Mayor Sonterre indicated there are several items that need to be dealt with and he is recommending that the meeting be changed from December 23, 2002 to December 30, 2002. Council Member Stigney asked why they needed to be dealt with and could not carry over to next year. Mayor Sonterre indicated there are several items on the agenda for December 30, 2002 and noted there was not time to notice for December 23, 2002. Community Development Director Ericson indicated there was no compelling reason to deal with the matters on December 30, 2002 but said that since there are a number of other issues on the agenda, these two might as well be added. City Administrator Miller indicated there are other items that will need to go on the agenda. • Mounds View City Council December 9, 2002 Regular Meeting Page 2 • A. Monday, December 9, 2002 City Council Agenda. MOTION/SECOND: Quick/Thomas. To Approve the December 9, 2002, City Council Agenda as amended. Ayes - 5 Nays - 0 Motion carried. 4. PUBLIC INPUT Barbara Haake of 3024 County Road I addressed Council and commented that the Cable Committee had met earlier in the evening and would be coming to Council to discuss its budget. She then explained that the Committee would like to take funds out of reserves for salary in order to be able to present more programming as well as to purchase editing equipment and a new digital camera. Ms. Haake wished Council a Happy Holiday Season. Mayor Sonterre said everyone needs to be cognizant that the City is likely to lose $900,000 of state aid last year that is already in that budget and if it goes away everything changes and keep that in mind. Council Member Marty asked if the Cable Commission was told that Council would like an inventory of equipment. Ms. Haake indicated the Commission would look into it. City Administrator Miller indicated the message was relayed to the Cable Director. David Jahnke of 8428 Eastwood Road expressed concern about some of the things he has heard and read in the papers. He then said that there are residents who come to him to comment because they know he will come to the Council Meeting and comment. He further commented that the concern stems from comments about what the mayor-elect intends to change and he wants to make sure that the entire Council is involved in any changes, not just the mayor. Mr. Jahnke indicated he hopes that Council Members use their own mind to make decisions. He then said that the police civil service commission was created to elect the police chief in order to keep politics out of it. Jim Boyles of 2840 Oakwood Drive indicated he had read in the Focus and in the Bulletin that the newly elected mayor took it upon himself to have discussions with the City Administrator and the Assistant City Administrator that ended up in both resigning. He then said he thinks the City Administrator and the Assistant City Administrator have done a fantastic job and he feels the new mayor is a loose cannon and that type of activity is not constructive to an open • government. He also commented that any discussion of changes should be done in Council Mounds View City Council December 9, 2002 Regular Meeting Page 3 Chambers with a full Council not by the mayor going behind Council and making decisions without the knowledge of the rest of the members. Mr. Boyles asked Council Member Quick if he condoned the actions of the mayor-elect. Council Member Quick said no. Mr. Boyles asked Council Member Marty if he condoned that type of atmosphere. Mayor Sonterre indicated that, procedurally, Mr. Boyles would need to ask the question of the Mayor who would then ask Council. Council Member Marty indicated that sometimes being on Council you have to try and search out information and that requires talking to staff members. He then said he spoke to several staff members prior to this meeting in an attempt to gather information. He further commented that being on Council you are to try and search out the best answers and solutions for different situations and, if you just showed up on Monday nights and sat here he does not feel he would be doing his job. Mr. Boyles indicated Council Member Marty had not answered the question he had asked. He then asked if Council Member Marty condoned what the mayor did. Council Member Stigney indicated he condones openness in government whenever possible and feels that all direction going to Staff should come from Council as a whole and he hopes all Staff would come to Council and look for direction so he is thoroughly opposed to giving direction by the mayor as the City does not have a strong mayoral government. Mr. Boyles asked who the mayor is to decide what this Council is to have or not have. He then said the City Administrator did a fine job and it is not the mayor's job to go around and coerce them into resigning because he feels he cannot work with them. Council Member Thomas said she thinks that Staff does a miraculous job of working with the public and all decisions were made by them but she does not support how things happened. Jerry Linke of 2319 Knoll Drive said this Council was aware that he was going to go in and talk to Staff as mentioned at a Council Meeting. He then said that his comments to Ms. Miller were in response to questions about the campaign where he had heard she had said she would resign if he won. He further indicated he had told her not to let the door hit her on the way out. Mr. Linke indicated he has as much right as any citizen to speak to City Staff and to deny him that would be to deny the form of government we have. 5. JUST AND CORRECT CLAIMS Mounds View City Council December 9, 2002 Regular Meeting Page 4 Council Member Thomas asked whether the check issue in the staff report needed to be dealt with if there is a meeting on December 30, 2002. Finance Director Hansen indicated he would do a just and correct claims for the December 30, 2002 meeting. Council Member Marty asked for clarification on 7860 Groveland Road for the unlawful detainer action. City Attorney Riggs indicated the charges were for an unlawful detainer action to obtain possession of the property. Council Member Marty asked whether the $2,100 attorney fee charge for the Police Civil Service Commission was authorized by them. City Attorney Riggs indicated he was asked to attend their meetings so he assumes the services were authorized. City Administrator Miller indicated the Police Civil Service Commission had legal questions regarding their status that she could not answer so the City Attorney was asked to attend the meetings. Council Member Marty commented that there was another bill for the Kessel and Hammerschmidt matter. He then asked if the Kessel matter was finished. City Administrator Miller indicated that Mr. Kessel had not yet signed the final agreement. Council Member Marty asked what AFSCME matters were still pending and noted there was a charge for $800.00 for AFSCME matters. City Administrator Miller indicated there are a number of issues pending and noted there were five age discrimination claims, one of which was recently ruled on by the courts. She then indicated there is a grievance filed by Mr. Houston and Mr. Chisholm still outstanding. Council Member Marty indicated he was not aware of the age discrimination matters and asked how many there were. City Administrator Miller indicated there is a total of five with one ruled on and four pending. Council Member Marty indicated he did not realize there were five. City Administrator Miller clarified that there are only three outstanding at this time. Council Member Marty asked when Council was going to be informed. Mounds View City Council December 9, 2002 Regular Meeting Page 5 City Administrator Miller indicated Council was informed during reports that the ruling came in favor of the City. She then said the others do not have rulings at this time. Council Member Marty indicated he was not aware that there were claims. Council Member Quick indicated the information was in packets. He then commented that since Council Member Marty is endorsed by the AFSCME Union he would have thought he would have known about the claims. Council Member Marty indicated the Festival in the Park is a long way off and asked why there were legal charges for it. City Attorney Riggs indicated that the bills are for past time periods. Council Member Quick asked if the City received anything from the Festival in the Park and whether they have fulfilled their requirements. City Administrator Miller said not at this time. Council Member Quick indicated there would be another bill from the attorney on the matter. Council Member Marty asked why the total non-retainer golf course billboard lease expense is $61,860 and the total invoice is $48,900. Finance Director Hansen explained that there were expenses incurred prior to when they agreed to reimburse the City for legal expenses. Council Member Marty indicated there were four other columns under total paid with nothing paid and he wonders what can be done to get them paid. Finance Director Hansen indicated that the leverage the City has to collect varies from case to case and there is no guarantee the City will be reimbursed. Council Member Marty indicated it may be necessary to write off some of the older claims as there would not be as much leverage and it would not be cost effective to pursue payment. Finance Director Hansen indicated he would bring something to Council early next year for direction. Mayor Sonterre indicated he had asked a similar question and some expenses were incurred before the policy. Council Member Stigney said he thought the Gas `n Splash amounts were to be certified to the property tax for collection. Mounds View City Council December 9, 2002 Regular Meeting Page 6 • Finance Director Hansen indicated the City would be paid but has not yet been paid. Council Member Stigney asked any of the others could be certified to the property taxes. Finance Director Hansen indicated the City does not have automatic authority to assess anything it wants to the property tax. City Attorney Riggs indicated that the actual approval is what is usually held over the developer in order to require payment of legal fees and, if the development does not go through, it is difficult to collect. Mayor Sonterre asked if all of the items were past due or of some were recently invoiced. Finance Director Hansen indicated the ones on top are the oldest. MOTION/SECOND: Marty/Thomas. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 6. CONSENT AGENDA A. Licenses for Approval B. Resolution 5891, a Resolution Approving the 2003 Fee Schedule C. Resolution 5894, a Resolution Closing City Hall Christmas Eve and New Year's Eve D. Resolution 5889, a Resolution Awarding the Construction Contract for the 2002 Well Rehabilitation Project E. Set a Public Hearing for 7:05 P.M., Monday, December 30, 2002 to Consider a Resolution Amending Resolution 5719 Relating to Interim Use Permits for Billboards at the Bridges Golf Course F. Set a Public Hearing for 7:10 P.M., Monday, December 30, 2002 to Consider the Second Reading and Adoption of Ordinance 708, an Ordinance Amending Section 1008 of the Mounds View Municipal Code Pertaining to Billboards. Council Member Thomas requested that Item B be removed for discussion. MOTION/SECOND: Marty/Quick. To Approve Consent Agenda Items A,C, D, E, and F as Presented. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Thomas/Quick. To Approve Consent Agenda Item B as Presented. Mounds View City Council December 9, 2002 Regular Meeting Page 7 • Council Member Thomas indicated that she felt Council had been clear with regard to the fireworks fee that there was not to be any disposal charge included. Chief Zikmund indicated that the decision was up to Council but he had recommended a $200.00 charge for disposal to deal with those fireworks purchased legally but illegally used. Council Member Thomas indicated she would want to charge the costs back to the person with the violation and not add a fee for those that intend to use them properly. Chief Zikmund indicated he was not sure the City could charge back the costs to minors. City Attorney Riggs indicated it would depend on how the case is charged out and then recommended that he and the Fire Chief discuss the matter further. Council Member Thomas indicated she was sure that Council had been clear that no disposal fee was to be included in the permit fee. Chief Zikmund indicated he had made the recommendation but the ultimate decision is up to Council as it is the City's fee. Mayor Sonterre suggested removing the disposal fee to make the permit fee $550.00. • Chief Zikmund indicated that if the City is unable to collect the costs of disposal the City would be paying out of its budget. Council Member Thomas asked whether the City needed to indicate that the penalty is $100.00 plus the disposal costs. City Attorney Riggs indicated that costs can be handled as part of the criminal case for restitution. Mayor Sonterre commented that the cost to pursue collection of the disposal costs could exceed the disposal costs. Council Member Marty asked if the City could use the $200.00 as a deposit to be returned at the end of the season if there is no violation. Council Member Thomas indicated she was not sure how the City would define season. She then said that she has trouble charging a fee for illegal activity to those doing things legally. Mayor Sonterre asked whether the $200.00 built into the $750.00 was for vendors. Chief Zikmund indicated that the $200.00 was arbitrarily arrived at based on research into the costs of disposal. He then indicated that fireworks are 98% paper so they are soaked in water and then weighed for a per pound disposal cost. Mounds View City Council December 9, 2002 Regular Meeting Page 8 • Mayor Sonterre asked whether disposal of fireworks that are not legal would go against the disposal fee. Chief Zikmund indicated the City would have the challenge of disposing of them whether they are legal or illegal. He then indicated the issue has become less of a concern as the governor- elect has indicated he is not in favor of full legalization of fireworks. Council Member Stigney indicated he would lean toward leaving the fee as it is as the vendor selling the product should assume some risk for disposal. Council Member Thomas asked why the vendor should assume part of the disposal if they are doing everything legally. Council Member Stigney indicated that anyone selling a product in the City should assume some of the risk and costs for disposal associated with that product. Council Member Thomas indicated she has an issue with charging a disposal fee when the City has another option for recovering the costs. Council Member Stigney indicated the attorney's fees may exceed the disposal costs trying to be • collected. He then said that having the disposal fee is much cleaner. Council Member Marty indicated he had talked to some business owners who were interested last year in selling fireworks but the $1,000 fee was cost prohibitive as they would not be able to sell enough to make any profit. He then said that he feels reducing the fee for legitimate business is appropriate as they should not have to pay a penalty for selling fireworks lawfully. Mr. Linke indicated he agreed with Council Member Thomas and likened the disposal fee to charging Saturn for a fee for an accident a car they sell gets into. He then said it would be more appropriate to penalize the perpetrator doing wrong than to penalize all vendors with a disposal fee. MOTION/SECOND: Thomas/Marty. To Amend the Fireworks Fee to $550.00. Council Member Stigney reiterated that he thinks someone selling a hazardous product should take some responsibility for the product they sell. Council Member Quick indicated he agreed with Council Member Stigney and likened the disposal fee to those types of fees charged by a service garage for rags and disposal of hazardous materials. He then said it is the cost of doing business and those selling fireworks should be able to afford to pay a fee for disposal. Council Member Marty commented that fireworks can be hazardous but so can gasoline and the City does not charge gas stations more because they sell gasoline. Mounds View City Council December 9, 2002 Regular Meeting Page 9 • Council Member Stigney indicated he did not see an analogy between gasoline and fireworks as you do not light gas on fire. Ayes - 3 Nays - 2(Quick/Stigney) Motion carried. Council Member Marty asked why blocking a mailbox with a vehicle was removed. Assistant City Administrator Reed indicated the issue was there is no law prohibiting it. Council Member Marty asked why satellite dishes was removed. Community Development Director Ericson indicated that it is not covered under the building code and not something the City has ever charged for. He then said that given the more recent popularity of dish systems there would be a large outcry if the City started charging for it. Council Member Marty indicated he would like to refer the Community Center and the practices over there to a work session for discussion. He then said that he was over there over the weekend and looked at the telephone numbers of those using the open gym and only two had 763 telephone numbers the rest were 612, 651, and 952. Ayes - 4 Nays - 1(Quick) Motion carried. 7. COUNCIL BUSINESS A. Public Hearing to Consider Resolution 5892 for the Adoption of a Revised Utility Rate Schedule for 2003 for the Storm Water Utility. Mayor Sonterre opened the public hearing at 8:15 p.m. Finance Director Hansen provided information on the proposed rate increase. Finance Director Hansen indicated the main thing happening this year is the City took a look to see where City Staff was spending time and that caused some shift in personnel costs that affected some budgets and in brief, after review, the water utility and sanitary sewer utility were being overcharged for fulltime personnel and the general fund and storm water fund picked up a full time which amounted to an operating deficit for 2003 and the need for a rate increase from $3.99 per quarter to $5.50 per quarter. Mayor Sonterre closed the public hearing at 8:21 p.m. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5892, a Resolution Adopting a Revised Utility Rate Schedule for 2003 for the Storm Water Utility. • Ayes - 5 Nays - 0 Motion carried. Mounds View City Council December 9, 2002 Regular Meeting Page 10 • B. Public Hearing to Consider Resolution 5893 for the Adoption of a Revised Utility Rate Schedule for 2003 for the Street Light Utility. Mayor Sonterre opened the public hearing at 8:22 p.m. Finance Director Hansen explained that the increase in the street light utility is due to the rate not being set high enough in previous years to cover the operating costs. Mayor Sonterre closed the public hearing at 8:24 p.m. MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5893, a Resolution Adopting a Revised Utility Rate Schedule for 2003 for the Street Light Utility. Ayes - 5 Nays - 0 Motion carried. C. Consider Resolution 5899 Adopting the 2003 Property Tax Levy and General Fund Budget. Finance Director Hansen indicated the Council and Staff have been working on the budget since last summer and have held numerous meetings and discussions as well as the truth-in-taxation hearing. He then said that the City property tax levy will go down as it is controlled by the state based on the amount of state aid the City receives. He further commented that the City allowed for no new programs or services unless mandated and no new personnel but provided for the purchase of four major items for public works from the vehicle and equipment fund. MOTION/SECOND: Marty/Thomas. To Waive the Reading and Approve Resolution 5899, a Resolution Adopting the 2003 Property Tax Levy and General Fund Budget. Council Member Quick called for a roll call vote. Council Member Quick indicated he would be voting against this tonight because he feels that Council has failed to deal with the issues at the Community Center. He then said that he cannot, in good conscience, vote for this because Council has not worked to straighten out the problems at the Community Center. ROLL CALL: Thomas -Aye, Stigney - No, Marty -Aye, Quick - No, Sonterre - No. Ayes - 2 Nays - 3 Motion failed. Council Member Stigney indicated his concerns are different than Council Member Quick as he • thinks the City is overcharging the residents. Mounds View City Council December 9, 2002 Regular Meeting Page 11 Finance Director Hansen indicated the budget needs to be certified to Ramsey County by December 30, 2002 and Council would need to meet prior to that to consider this again. Council Member Stigney indicated that, for his vote to change, he would need to see a reduction in the budget. Mayor Sonterre indicated he shares Council Member Quick's concern with the Community Center. He then said he did not vote to approve the wage increase for Council and would be happy to review a format of compensation that would be a better one. Council Member Thomas indicated she has trouble with the $100,000 transfer to the Community Center but that is a long term problem that will take time and research to resolve. She then said the budget is a guiding document that can be amended along the way. She further commented that the Council compensation was approved by majority vote of Council and she does not know how Council can vote to hold up a budget because they disagree with something that has already been approved by the Council as a whole. Council Member Quick indicated he shares concerns with the Council pay package but has some very strong concerns about what goes on at the Community Center and what he proposes is that the City start the ball rolling by giving notice to the YMCA to begin the process of changing the management so that the City has more control. • Council Member Stigney commented that Council Member Quick could not bring up the matter for reconsideration as he did not vote in the majority. Council Member Quick indicated he was not making a motion just stating his position. He then said he feels the City owes it to the residents to deal with the problems at the Community Center and he does not have to vote for the budget if he feels the City has not dealt with the problems. Council Member Stigney indicated that the Community Center issues are along-term problem and it does not make sense to give notice unless there is an alternative in place and, in order to look at alternatives, the City needs to look into what those alternatives would be. He then said that the budget should be brought back to a work session and gone through to see where it can be reduced. He further suggested that the costs for national conferences could be reduced as he is not in favor of the City paying for them but he is not voting against the budget for the Community Center issue. Council Member Marty indicated he felt the Community Center is something that will take time to fix and should be referred to a work session. He then said that he does not understand why Council Members have waited until the 11 `h hour to vote against the budget in an attempt to push through a personal agenda. Council Member Quick clarified that he has brought this matter up from the very beginning of • the budget cycle and had received no encouragement other than from the mayor. He then said that everyone has commented that it is too big to handle and nobody has been willing to take the Mounds View City Council December 9, 2002 Regular Meeting Page 12 . first step. He further indicated there are two issues, the first is Council pay and the second is the Community Center. He then said he would be willing to concede on the Community Center if someone wished to make a motion to amend Council pay. Council Member Thomas indicated the first step is not to take something out of a budget, the first step is to direct staff to find alternatives. Council Member Stigney said he hated to do this but would like to make a motion to reconsider the budget just rejected. MOTION/SECOND: Stigney/Sonterre. To Reconsider Resolution 5899, a Resolution Adopting the 2003 Property Tax Levy and General Fund Budget. Council Member Quick said he would let the Community Center go if someone would make a motion to change Council pay. Council Member Stigney said he thinks this is ridiculous and he has made a motion to reconsider the original document. Mayor Sonterre indicated Council Member Thomas pointed out that, even though he did not agree with the pay increase, it was the voice of the Council and he needs to stand behind the • decision once it is made. Council Member Quick called for a roll call vote. ROLL CALL: Thomas -Aye, Stigney -Aye, Marty -Aye, Quick -Aye, Sonterre -Aye. Ayes - 5 Nays -0 Motion carried. Council Member Quick called for a roll call vote. ROLL CALL: Thomas -Aye, Stigney -Aye, Marty -Aye, Quick -Aye, Sonterre -Aye. Ayes - 5 Nays - 0 Motion carried. D. Consider Resolution 5900, a Resolution Adopting the 2003 Budgets for Funds Other than the General Fund. Finance Director Hansen indicated this Resolution would approve all the other budgets discussed through summer and fall with the exception of capital projects. He then said that Staff needs to do more work on the capital projects fund and will bring it to Council for consideration early in 2003. Mounds View City Council December 9, 2002 Regular Meeting Page 13 MOTION/SECOND: Marty/Thomas. To Waive the Reading and Approve Resolution 5900, a Resolution Adopting the 2003 Budgets for Funds Other than the General Fund. Ayes - 4 Nays - 1(Stigney) Motion carried. E. Resolution 5903, a Resolution Appointing a Police Chief Assistant City Administrator Reed indicated that, upon direction from the Police Civil Service Commission, Staff advertised for the police chief position, received 23 applications and conducted interviews in November. She then indicated that the interview panel consisted of the City Administrator, the Assistant City Administrator, the Chair of the Police Civil Service Commission, an HR Manager from the League and the Police Chief from Brooklyn Park. Assistant City Administrator Reed indicated that Michael Summer has been selected as the best candidate for the position and a list containing the other two candidates is provided to Council as required by state law. Assistant City Administrator Reed provided a brief background of the other leading candidates. Ms. Reed provided background information on Mr. Summer indicating he is currently a Lieutenant at the Anoka County Sheriff's Office. She then indicated that all background • information had been provided to the Police Civil Service Commission for consideration and the Commission recommends the appointment of Mr. Summer to the position of Police Chief. Assistant City Administrator Reed indicated that Staff is recommending Mr. Summer start at $32.42 per hour, Step 3 and that he move to Step 4 after six months and Step 5 after one year. He would also be given three weeks of banked sick leave and three weeks of banked vacation with an annual accrual of three weeks for the first five years. She then indicated that his appointment would be contingent upon a physical and drug screen and his start date would be January 13, 2003. Assistant City Administrator Reed read Resolution 5903. MOTION/SECOND: Quick/Thomas. To Approve Resolution 5903, a Resolution Appointing a Police Chief. Council Member Stigney asked how long Mr. Summer had been with Anoka County. Assistant City Administrator Reed indicated that Mr. Sommer has been with Anoka County for 16 years. Council Member Marty indicated he has some concerns about whether the Police Civil Service Commission has used the correct hiring practices and he does not understand why this had to done now when the City has gone without a Police Chief for well over a year and this could have waited until the new City Administration and new Council are in place. Mounds View City Council December 9, 2002 Regular Meeting Page 14 Council Member Marty indicated he does not understand the sudden rush here and will vote in the affirmative in order to be able to ask for reconsideration at a later date. Assistant City Administrator Reed indicated that the City Attorney sat in on the process and guided the Commission to ensure that proper procedures were followed. City Attorney Riggs indicated he was at the meetings and indicated the Commission followed a similar process as it has for other officers. He then said that the Commission followed Chapter 419, the bylaws and a number of Attorney General opinions as well as case law were discussed. He further said that it appears to him that proper procedures were followed. City Administrator Miller indicated that Council Member Marty has been asking at nearly every meeting why Staff has not yet filled the police chief position and was told Staff would get to it after filling the other positions. She then said that regardless of who is on the Council, the Civil Service Commission puts forth the recommendation and the whole purpose is to eliminate the politics from the process so it should not matter who sits at the dais. She further commented that the Chair of the Committee took a roll call vote in support of the process and the vote was two to one supporting that the process was followed closely and that this was very professionally conducted and it should not matter that there has been a change on the City Council. • Council Member Thomas commented that the change has not happened and just because January is not here does not mean that there is not work to do. Mayor Sonterre said he thinks this is kind of funny because when he brought up the matter when a motion was made not to hire a golf course manager he had brought up that Council Member Marty was asking time and time again about the police chief position. He then said that he is sick to death of Council Member Marty and another soon to be sworn in individual trying to tell this Staff and this Council to take a month off and not do any work. He further commented that this Council has an obligation to finish the work begun months ago as many man and woman hours have been spent on the matters and will not set aside its work because "you" have an agenda and do not want to see these items carried out. Mayor Sonterre indicated that all Council Members took an oath to serve and will finish out their terms and will finish the work that was begun. Council Member Stigney indicated there is a Police Civil Service Commission to select candidates and the Commission followed state statutes. He also commented that, from viewing the tapes, it appears the process was followed completely and he supports what has taken place. Council Member Marty asked if all three members of the Police Civil Service Commission interviewed all of the candidates. • Assistant City Administrator Reed indicated that the option was available to them and one individual expressed interest, and one declined and the Chair sat in on all interviews. She then indicated that all members received all the information. Mounds View City Council December 9, 2002 Regular Meeting Page 15 • Council Member Marty asked who did the interviewing. Assistant City Administrator Reed indicated that she, the City Administrator, an HR Manager from the League, the Chair of the Commission, and the Police Chief from Brooklyn Park Police Department conducted the interviews. Council Member Stigney commented that all the interviews and recommendations actually took place before the elections. Council Member Marty said good point. Ayes - 5 Nays - 0 Motion carried. F. Resolution 5895, a Resolution Appointing a Golf Course Manager MOTION/SECOND: Stigney/Marty. To Postpone the Hiring of a Golf Course Manager until the Council can Discuss Some Issues Brought to his Attention Regarding the Position and its Pay. Council Member Thomas asked what the items of concern are. • Council Member Stigney indicated that the City of New Brighton does not pay its golf course manager full time year round they pay for 10 months per year and two months the course is closed and the salary is based on 10 months so he questions why Mounds View would hire someone for year round. He then indicated that the maximum salary for the New Brighton position is $45,270 and Mounds View is proposing to hire a golf course manager at $59,400 increasing to$62,700 after six months and to $66,000 after one year. He further commented that the City needs to look at compensation and how to fund the golf course if the City wants to turn the course around. Council Member Stigney indicated he would like to refer the matter to a work session for discussion. Council Member Thomas commented that the New Brighton and Mounds View courses are different. She then said that the City posted to fill a position that was approved in the management plan for the golf course last year and she is not sure why it would be appropriate now, after having gone through the entire process, to change the position. Council Member Thomas indicated the position was posted, interviews conducted and an offer made so she does not feel this is an appropriate time to suggest changing the position. She further commented that the pay scale approved is the same as it was for Mr. Longville. C: Mounds View City Council December 9, 2002 Regular Meeting Page 16 Council Member Stigney said he does not think it smells right for the City to offer to pay $66,000 when New Brighton is only paying $45,000 and he feels this should be dealt with prior to hiring. Council Member Marty pointed out that New Brighton's course is paid for and this City is looking at a lot of debt and are supposed to be looking for ways to trim expenses. He then said he was not aware that New Brighton's golf course manager was topped out at $45,270. He then asked for clarification on the flex-time comment. Council Member Stigney indicated that all salaried employees are exempt personnel and have to put in the time needed to do the job. He then suggested looking into a similar policy for new hires. City Administrator Miller indicated she felt it was a little late in the game to change the rules as the City has made an offer, contingent on Council approval. She then said the time to change the position was months ago and she hopes that this is not being changed because of the person being recommended. She further commented that the salary proposed is lower than what the former golf course superintendent was making and that was not problematic to Council Member Marty so she finds it surprising that this is an issue now. City Administrator Miller indicated that the Mounds View golf course is not the same as the New • Brighton course as Mounds View has a driving range and is a very busy course. She further commented that, if the City wants to turn around the golf course, it is necessary to bring in someone with solid experience that can do that. Assistant City Administrator Reed indicated that the position in New Brighton is not the same position because the Mounds View position is a department director position and the New Brighton position is the golf operations manager who reports to someone who oversees all of the recreational activities. She then indicated that New Brighton has increased its pay scale for 2003 based on the responsibilities that the golf operations manager is responsible for. Council Member Stigney commented that the maximum range for 2003 is $51,050 which is quite a disparity. He then commented that this came to his attention last week or he would have seconded Council Member Marty's motion to postpone last week. He further commented that it is alarming that outside consultants determined the salary ranges but no one brought it to Council attention that some courses are only run on a 10-month basis. Assistant City Administrator Reed indicated she did report to Council that New Brighton is only open for 10 months. Council Member Quick called the question. • Ayes - 3 Nays - 2 Motion carried. Ayes - 2 Nays - 3(Sonterre/Thomas/Quick) Motion failed. Mounds View City Council December 9, 2002 Regular Meeting Page 17 U MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5895, a Resolution Appointing a Golf Course Manager. Council Member Marty indicated he was against this but would be voting in the affirmative to be able to reconsider it at a later date. Council Member Stigney asked that the Resolution be read. Assistant City Administrator Reed indicated that Mary Burg is the recommended candidate and then provided information on her background. Assistant City Administrator Reed asked Council for authorization to amend the Resolution to include the banked vacation time of three weeks with annual accruals beginning at three weeks as was approved for Mr. Sommer. Council Member Thomas indicated she would accept the amendment and asked that the Resolution be read. Assistant City Administrator Reed read Resolution 5895. • Council Member Thomas asked if this candidate would have the same sick time as the police chief. Assistant City Administrator Reed indicated that banked sick time was not something discussed with this candidate. Council Member Quick accepted the amendment. Council Member Stigney said he opposes the motion and noted he also opposed the starting date as she would begin while the course is closed. Assistant City Administrator Reed indicated that Mr. Longville is working up to 10 hours weekly and the new person needs time to become familiar with the course while she has access to City Administrator Miller and Mr. Longville. Council Member Stigney said, "its absurd." Council Member Marty asked who was on the interview panel when Mr. Longville was interviewed. Assistant City Administrator Reed indicated that she, the City Administrator, Mary Burg, and the golf operations manager from New Brighton were on the interview panel for Mr. Longville. • Council Member Marty asked who interviewed Ms. Burg. Mounds View City Council December 9, 2002 Regular Meeting Page 18 • Assistant City Administrator Reed indicated she, the City Administrator and the Community Development Director interviewed Ms. Burg. Mr. Linke indicated he was asking that Council table this and let the Council in January take a look at it. Mayor Sonterre indicated Council already addressed that this evening. Mr. Linke indicated he did not see there is a solid need for this and sent an email to Ms. Reed and Ms. Miller and copied Council. Mr. Linke further indicated that as stated in his a-mail to Ms. Reed, Ms. Miller and Council, he asked the City to reconsider this for discussion until January. City Administrator Miller handed out the e-mail. Mr. Linke indicated he would ask the Council for reconsideration in January. Mayor Sonterre indicated he received the e-mail from Ms. Miller and he had contacted the City Attorney as well as the League to discuss the matter and both feel it would be inappropriate to • reconsider an employment issue and if a Council in the future chose to terminate this employee the employee it would have to be for cause as verified by the league today because it would be an open and shut complete grievous for improper termination. He also indicated the League has said on the record that they would lose a wrongful termination case if the person was let go for reasons other than cause. Mr. Linke indicated he was aware of that and that is why he asked the City to tell Ms. Burg that a possibility of reconsideration might happen. Mayor Sonterre indicated she was told. Council Member Stigney asked if a tabling motion would be in order. MOTION/SECOND: Stigney/Marty. To Table The Hiring of the Golf Course Manager for the New Council. Ayes - 2 Nays - 3(Quick, Sonterre, Thomas) Motion failed. Ayes - 4 Nays - 1 (Stigney) Motion carried. G. Resolution 5890, a Resolution Approving a Revised Edgewood Middle School • Facility Expansion Plans Mounds View City Council December 9, 2002 Regular Meeting Page 19 Community Development Director Ericson indicated Edgewood Middle School is before Council for approval of revised plans for the previously approved facility expansion. Director Ericson then provided information on the revised expansion. He then indicated Staff notified residents and received no comments from residents as the impact is no different than what was originally proposed. Director Ericson indicated a rooftop unit would be added to the front entryway but it will be setback and the view shielded by the addition of a higher wall. Ms. Peltsman provided a brief presentation to Council on the expansion plans. Council Member Thomas asked if the rooftop unit would be installed on old or new roof. Ms. Peltsman indicated that the existing roof was not designed to carry new units and the new unit will be installed on the new roof. Council Member Thomas indicated that Council had expressed concern about the bike path and slowing traffic before it reaches the path. She then suggested a stop sign and/or speed bump. Ms. Peltsman indicated she had received information that Council agreed to striping the area. Council Member Thomas indicated the cars needed to be stopped before the bike path. Mike Copitz for the school district addressed Council and indicated that at other locations stop for pedestrian in crosswalk signs have been added. Mayor Sonterre asked if there was adequate space for a car length between the stop sign and the bike path. Council Member Thomas indicated she was not sure that pedestrian crossing signs would actually slow traffic. Mayor Sonterre indicated the concern was that the sign would be read as the vehicle is approaching the bike path and with kids traveling quickly on the path it could be an issue. He then said that he would like to see a mechanism that forces the car to slow and take a reduction of speed before crossing the bike path. Mr. Copitz indicated that speed bumps in the bus drive would cause issues because the buses have such stiff suspension. Council Member Thomas indicated the speed bumps would only be in the car drive. Mr. Copitz indicated that there would be school buses and food trucks that have to cross it. Mounds View City Council .December 9, 2002 Regular Meeting Page 20 Council Member Thomas indicated people coming into the parking lot will have a slower turn and can more easily see students and she is more concerned about the trees and coming out of the parking lot. The School District and Council agreed to a partial speed bump on the outbound traffic lane. Council Member Marty asked whether the water issue would be dealt with during this construction. Mr. Copitz indicated he would work with City Staff to determine what needs to be done. Ms. Peltsman indicated the School District had worked with the forester and determined the tree in question would be replaced with a sugar maple. MOTION/SECOND: Thomas/Marty. To Waive the Reading and Approve Resolution 5890, a Resolution Approving a Revised Edgewood Middle School Facility Expansion Plan. Ayes - 5 Nays - 0 Motion carried. Council Member Quick asked Ms. Howard how the new sidewalk is working. • Ms. Howard indicated there has been positive response from students and parents and thanked Council for the sidewalk. H. Fire Department Third Quarter 2002 Report -Fire Department Fire Chief Zikmund brought a thermal imaging unit for Council to view. Council Member Quick asked how the units are used. Chief Zikmund reviewed for Council how the device works and the ways it assists the fire department. Chief Zikmund indicated the purchase of two more units is in upcoming budgets but the department is waiting until it sees how the legislature handles the budget deficit before purchasing them. He then said that Blaine is in the process of writing a grant and the department may get units through Blaine. Chief Zikmund brought a defibrillator and indicated that the department had a goal of getting five for training and he is happy to report that this unit and one more coming were obtained through donations. • Chief Zikmund offered to answer questions. Mounds View City Council December 9, 2002 Regular Meeting Page 21 Council Member Marty asked what FDM stood for. Chief Zikmund indicated that FDM is the name brand of the records management software. Council Member Marty commented that the report indicated one fire inspection per week and asked whether Kathy could do so when she wears several hats. Chief Zikmund indicated she he believes she is doing so now. Council Member Marty asked whether the mini-pumper was all set up. Chief Zikmund indicated that there were a few small items to be completed but the unit is set up to respond and has responded to one call for a car fire already. He then indicated the department is continuing to recruit with no success. Council Member Stigney asked what color the mini-pumper is. Chief Zikmund indicated it is red and white. Mayor Sonterre indicated he watched the CBS evening news story on Blaine's involvement in researching the Astro van issue. • Chief Zikmund indicated the fire department had a lead and significant role on the fire cause in the investigation. Mayor Sonterre indicated he had seen an ice rescue Frisbee type tool and asked what procedure the department is using for ice rescue. Chief Zikmund indicated the department is equipped with throw rings, a 14 foot boat that has throw devices, pipe up to 20 feet, and a ladder that would respond with 110 feet. He then said the department does ice rescue training every third year and protocols would be to get the Sheriff's Department involved but that would be for recovery not rescue. I. Resolution 5901 Approving Severance for Kathleen Miller MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 5901, a Resolution Approving Severance for Kathleen Miller as Amended. Council Member Stigney asked, as part of his motion, that the Finance Department verify Section 3.05 of the personnel manual and adjust the severance payment as necessary. He then read Section 3.05 and it is as follows: • Flex Time maybe earned and accrued, one hour for each extra hour worked over a 40 hour week. Flex time should be used within a reasonable period from when it was earned; preferably during the same week. Flex time can be used in increments of a Mounds View City Council December 9, 2002 Regular Meeting Page 22 maximum of 16 hours in a two-week pay period. Use of Flex time must be approved by the employee's supervisor prior to its use. Recording of Flex time should be accurately maintained be each employee. Mayor Sonterre indicated he had asked the Finance Director to make a determination as to whether or not the administrator and/or assistant administrator have been utilizing comp time that is inconsistent with past practices. He then indicated he had asked for a review of past practice usage for the former police chief, former public works director, former community development director, and former economic development coordinator. He further commented he had asked that if it is determined that past practices have set a precedence the amendment be specific to that. Council Member Stigney said he does not care what the practices are as those would be an exception to the policy as it reads. Council Member Stigney indicated the policy seems self-explanatory to him and, if an exception is being made, it is time to correct that. City Administrator Miller indicated she had questions concerning how flex time was used when she first came to the City and it was explained to her that it was the net of what you gained and used was the practice and, when she questioned that, she was told that because people were • accruing a number of hours during a given week they would not be able to use it and it would continue to accrue over time. City Administrator Miller indicated that this has been the practice since she has been on staff and she finds it interesting that the City has had 7 males that left employment with the City, including two former employees that were terminated, and the question of their severance payout or use of flex time was never raised. She then commented that Council Member Marty had thought that the former police chief should have been paid higher but female use of flex time seems to be an issue. Council Member Stigney commented that gender has nothing to do with it and, when it was brought up by Mr. Linke, he decided it should be looked into. He then said it baffles him as to why the City Administrator is not following the policies. Mayor Sonterre asked if there are any legal impacts to the City in terms of past practice. City Attorney Riggs said that it depends and it could give someone a cause of action and the City could run afoul of the law. He then said that he is not sure that the policy really states what has been occurring so it is Council discretion on how to administrate. Council Member Marty commented that, according to the papers, this Council and this administration has been cleaning up past practices and making the City and employees get everything in order so it would seem that this should continue on. He also commented that when the police chief left dunng his last month or so before he left he wanted to use some flex time Mounds View City Council December 9, 2002 Regular Meeting Page 23 and was told that he could not because he could only use 16 hours in a pay period so his request was denied. Council Member Thomas indicated that there are two different issues being discussed. In the case of the former police chief he was attempting to work less hours. She then said that the discussion was getting into issues not fully understood by Council. City Administrator Miller said she finds it curious that Council Member Marty would speak in support of clean up when he never once supported clean up and she has received nothing but harassment from him since she recommended that the golf course manager be terminated. Council Member Marty said he would like to know what Ms. Miller meant by harassment. City Administrator Miller indicated Council Member Marty would be receiving a letter to that effect. Council Member Stigney commented that, whenever an item is brought to Council's attention, it is corrected. He then said that Council hired an administrator to ensure that policies are carried out and not bringing the issues forward to Council is puzzling. Finance Director Hansen indicated there is a matter of interpretation that he is not clear on. He then asked if it is a strict absolute that only 16 hours can be used in apay-period. Council Member Stigney indicated that flex time is to be used in increments of 16 hours in a two week period and that is clear. Council Member Marty said yes. Council Member Quick said no, if you went over 16 hours in one given week the potential is you would never be able to recover the time. He then said it does not work that way and that was not the intent of the Council. Council Member Stigney commented the issue is not comp time it is flex-time. Council Member Quick indicated he was not sure what Council Member Stigney is trying to prove here but that is how he interprets it. He then said he finds it disheartening that he cannot say anything without Council Member Stigney interrupting him. Council Member Marty indicated he that the personnel policy states how it is to be administered in black and white. Council Member Stigney indicated all Council Members have been elected to uphold ordinances and if there is an issue it should be brought to Council and straightened out. Mounds View Cit Council December 9, 2002 Y Regular Meeting Page 24 Council Member Thomas indicated she had no problem supporting the amendment because it does nothing to change the Resolution. She then said she is a little lost as to why they think that this addresses anything as far as time that was earned during a pay period there is so much confusion about flex time and flexing hours she is very concerned as to why this has gotten to this point in an issue that has been an accepted practice, is not illegal, and is not doing anything against the law. Community Development Director Ericson indicated that part of the issue with the policy is that up to this point Staff has been documenting hours on a daily basis so, if you work 7 hours one day then you use 1 hour flex time and, according to the policy, this is based on a 40 hour work week. He then said it becomes confusing if Staff works two 12 hour days and asks for Thursday off and Friday if on Wednesday you leave early that should not count against you if you already worked a 40 hour work week. Those four hours should not be flex they are just hours he did not work. Director Ericson indicated that when you go back and look at time sheets you may see situations where in this pay period someone documents more than 16 hours of flex time but it does not show that someone worked 55 hours when maybe 4 hours of flex time should not have been documented they just did not work. He then said that since it is based on a forty-hour week, Staff should not be documenting it on an 8 hour day as it leads to issue with net. Council Member Thomas said that is what is allowed for flex time. City Administrator Miller indicated she is responsible for time sheets and partly because there was a lot of use of flex time that she did not understand and questioned a great deal so she instituted a daily time sheet so, when questioned, Staff could show hours. Director Ericson indicated he did not believe there was ever any intent to be in violation of the policy and he does not feel that Staff does but, by documenting on an 8 hour day it causes net issues but the documenting was an attempt to provide more accountability for time. Council Member Thomas asked for clarification. Finance Director Hansen commented that the other issue is if Staff records time on an 8 hour day rather than a 40 hour week is Staff hourly rather than salaried. City Attorney Riggs indicated that is one of the factors used to determine whether an employee is hourly or salaried. Council Member Thomas indicated that everything Staff is doing is acceptable and said the amendment does nothing but says that Staff is doing it according to the policy. Flex time is not an issue until you get to a 40 hour work week. Ayes - 4 Nays - 1(Quick) Motion carried. Mounds View City Council December 9, 2002 Regular Meeting Page 25 n I..J Resolution 5902 Approving Severance for Givonna Reed Council Member Stigney requested that the Finance Department verify that flex time used has been in accordance with the personnel policy and that the severance payment be adjusted accordingly. MOTION/SECOND: Stigney/Thomas. To Approve Resolution 5902, a Resolution Approving Severance for Givonna Reed. Ayes - 4 Nays - 1(Quick) Assistant City Administrator Reed read Resolution 5901. Council Member Stigney suggested calculated as of December 31, 2002. Finance Director Hansen indicated that would not change anything. Assistant City Administrator Reed read Resolution 5902. Motion carried. K. Ordinance 708 • • Community Development Director Ericson indicated that this item would amend Chapter 1008 of the Code with regard to billboards to allow Clear Channel Outdoor to recover some of the legal fees from the issue at the golf course. He also indicated that a Resolution was attached to change the date to 2023 as the lease termination date. Director Ericson indicated that Staff has been out at the golf course and the dots on the map indicating where the billboards are to go may need to be refined in order to ensure there is no interference with the play of golf at the course. He then said that some of the billboards may need to be closer together than previously anticipated but, in no circumstance, would they be closer than 750 feet. He further commented that the MNDOT requirements for separation are 500 feet. Mayor Sonterre indicated that Council would like Staff to work to ensure that what the City thinks is being built actually is built. He then commented that the billboards constructed at Sysco looked nothing like the approved plans. Director Ericson indicated that Clear Channel information has several specific references to masonry but also said that Staff would work to ensure that the City gets what it thinks it is getting out at the golf course. Council Member Thomas asked if there was anything to ensure that the signs will look like Exhibit A. Mounds View City Council December 9, 2002 Regular Meeting Page 26 • Director Ericson indicated that Exhibit A may need to be revisited as it looks nice on paper but, in actuality, it may not fit out at the golf course and may need to come before Council for modifications. Council Member Thomas said she seems to find the little drawings presented on multiple billboard issues to be creative art exercise better suited to a high school classroom as they are not based in reality. She then said the end result should be what Council approves. Director Ericson indicated he understands the concerns and if there are any changes to what Council has adopted it would be brought before Council. He then indicated that with regard to design issues Clear Channel has not proven that they do not intend to comply. Council Member Thomas asked why the lease termination is going from 15 to 20 years. Director Ericson indicated that Clear Channel Outdoor put together a spread sheet of information indicating that, due to the excessive legal fees with this case, they need 20 years to recover costs. He then said that the City would remain compensated during the extra years with a continuing increase each year. Council Member Marty asked if Staff could indicate to Clear Channel that the Council is amenable to this but would like to see that once it is approved Council would like to see the costs . rather than giving a blank check for five years. Director Ericson said he understood the point but that information was presented to Council and he is not sure what purpose it would serve after the fact as the City needs to agree to something to satisfy their concerns and their issues with the lease not being able to satisfy the return and the amount of expenditures already expended at this time. Mayor Sonterre commented that the potential litigation costs could exceed the five years agreed upon. MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Introduce the First Reading of Ordinance 708, an Ordinance Amending Section 1008 of the Mounds View Code Relating to Billboards. Ayes - 5 Nays - 0 Motion carried. 8. SPECIAL ORDER OF BUSINESS A. Resolution 5896, a Resolution Approving a Step Increase for Aaron Backman MOTION/SECOND: Marty/Stigney. To Approve Resolution 5896, a Resolution Approving a • Step Increase for Aaron Backman. Assistant City Administrator Reed read Resolution 5896. Mounds View City Council December 9, 2002 Regular Meeting Page 27 U Ayes - 5 Nays - 0 Motion carried. B. Resolution 5897, a Resolution Approving a Step Increase for Jeremiah Anderson Assistant City Administrator Reed read Resolution 5897. Council Member Stigney asked for clarification on the effective date. Assistant City Administrator Reed indicated he lost three weeks of service time due to the strike but said she would need to verify the correct date. MOTION/SECOND: Marty/Stigney. To Approve Resolution 5897, a Resolution Approving a Step Increase for Jeremiah Anderson. Ayes - 5 Nays - 0 Motion carried. 9. REPORTS City Administrator Miller indicated she had received a letter from AFSCME requesting that • arbitration for Mr. Ron Houston be delayed until the new City Council is in place as they feel that the new City Council would react more favorably to his arbitration. She then indicated she had reported at the last meeting that the former golf course superintendent had requested a delay but the arbitrator has denied that request and arbitration is scheduled for January 21, 2002. Community Development Director Ericson indicated that the City received $200.00 as a donation from the Minnesota Housing Code Officials for being allowed to use a conference room once a month for board meetings. He then asked whether Council wished to accept the check or return it. Council agreed to accept the donation. Mayor Sonterre asked the Finance Director to recommend where to put the donation. Assistant City Administrator Reed indicated that the employee appreciation event was cancelled due to a low level of interest. MOTION/SECOND: Quick/ .That the City Attorney be Directed to Prepare an Opinion on Council Member Marty's and Mr. Linke's Statements About Reconsidering the Appointment of the Golf Course Manager and Present it to Council at the December 30, 2002 Meeting. Council Member Quick then commented that Council Member Marty had made the statement that there would be several changes in the Police Civil Service Commission and said he was curious if Council Member Marty was privy to information that the rest of the Council is not. Mounds View City Council December 9, 2002 Regular Meeting Page 28 n LJ Council Member Quick asked if Council Member Marty had come to a fore drawn conclusion concerning the Commission. Council Member Marty said he was under the impression that a certain Commission Member's term was up on December 31, 2002. Mayor Sonterre indicated he was invited to Sunrise Methodist Church to accept a certificate of appreciation. He then said that the City participates in advertising the church care group doing work in the northern metro area for households in need and it was a wonderful event that recognized the volunteers. Mayor Sonterre asked whether Staff had made the determination if the library can accommodate the request to view and download minutes on line. City Administrator Miller indicated she would have a report on the next agenda concerning that matter. Mayor Sonterre indicated he had discussed the wording of some of the personnel policies with City Attorney Riggs and the League and the wording is a little worthless. He then said that the personnel policy indicates that persons can be terminated with no cause during the probationary • period and it is the opinion of the League and trust fund that, in fact, there is no situation where someone can be terminated with no cause without having legal avenues that they believe would never be denied in a court of law. MOTION/SECOND: Sonterre/Thomas. To Direct Staff to Look into and Use Any Free Avenues and Information on the Verbiage of the Policy and/or the Probationary Period Itself. Council Member Thomas indicated there are still benefits of a probationary period not to fire, but when employees are new they have skills to learn. Mayor Sonterre asked Staff to utilize the City Attorney in a limited capacity and pursue free information from the League as well. Council Member Stigney indicated he would agree to something that the City would not receive an invoice on. He then indicated that he feels there are a lot of things that need change in the policy. City Attorney Riggs indicated his help would be under the retainer but said that conversations with the League are helpful and the first call goes to the League as to how to defend the matter. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES Mounds View City Council December 9, 2002 Regular Meeting Page 29 • A. Minutes for November 25, 2002 City Council Minutes City Administrator Miller indicated that Council went into closed session and Council did take a roll call vote during closed session where the City Council unanimously directed Staff to inform the arbitrator that the City did not support the reinstatement of Mr. Hammerschmidt to employment at the Bridges. Mayor Sonterre indicated that the vote was due to the negotiation process with the arbitrator. Council Member Thomas asked for the following changes: On Page 2, "Michel." On Page 4, last Council Member Thomas indicate that the resolution listed should have deputy chief removed from the title of public works director. On Page 8, middle paragraph, remove "with a plan for activity before council approval" and add she further commented that she asked several times for an inventory remove "is time". On page 10, just to add onto it she clarified the figure is $6,700 not $9,940 which is a reduction from the previous budget. Mayor Sonterre requested the following changes: On Page 12, two thirds of the way down, second sentence after giving figures would like noted 1999 YMCA was short 4347, and 00 short 75,103, and O1 short $68,078. Change the spelling of Pafko throughout. Council Member Marty requested the following changes: On Page 2, second paragraph, second • line indicate that minutes were available found that minutes and agenda for 2001 but not for this year, however, now all of the minutes through 2002 are current or close to it and he suggested staff check with the library. On Page 17, Item B, second line correct the spelling of Ikon to ICON. Mayor Sonterre on Page 8, indicate that Council Member Stigney said it was digital. Council Member Stigney indicated that the handwritten information was to be provided to Council on Page 12. Mayor Sonterre indicated he had the information in spreadsheet format and said he could put it in boxes tomorrow. Council Member Marty asked for a copy as well. MOTION/SECOND: Marty/Stigney. To Approve the Minutes of the City Council for November 25, 2002 as Amended. Ayes - 5 Nays - 0 Motion carried. 11. Next Council Work Session: Monday, January 6, 2002 • Next Council Meeting: December 30, 2002 7:00 p.m. Mounds View City Council December 9, 2002 Regular Meeting Page 30 . 12. ADJOURNMENT Mayor Sonterre adjourned the meeting at 10:40 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. • •