HomeMy WebLinkAboutMinutes - 2002/12/30~,
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PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
.~ CITY OF MOUNDS VIEW
A ~~ ' ~ RAMSEY COUNTY, MINNESOTA
~` Regular Meeting
December 30, 2002
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 (absent), Stigney, and Thomas.
3. APPROVAL OF AGENDA
A. Monday, December 30, 2002 City Council Agenda.
•
City Administrator Miller indicated there would not be a need for the scheduled closed session.
She then requested that the resignation of David Longville from his part time position be added
under Council Business.
Mayor Sonterre asked whether there would be a recording secretary present at the meeting.
City Administrator Miller indicated the minutes of the meeting would be transcribed from
videotape.
MOTION/SECOND: Quick/Sonterre. To Approve the December 30, 2002, City Council
Agenda as presented.
Ayes - 4
4. PUBLIC INPUT
Nays - 1(Stigney) Motion carried.
David Jahnke of 8428 Eastwood Road thanked the outgoing Council and Staff members. He
then said he would especially like to thank the City Administrator as it has been a rough couple
of years and, even though he did not always agree with her, he is thankful she was able to rid the
City of the corruption.
Mr. Jahnke asked incoming Council Members to work to keep the corruption from happening
again. He then wished Ms. Miller best wishes and thanked her for her time and energy spent on
ridding the City of corruption.
•
Mounds View City Council December 30, 2002
Regular Meeting Page 2
. Michele Sandback of 2356 Sherwood Road addressed Council and thanked the members as well
as Staff for all the work in reviewing City policies and contracts to clean things up. She then said
that she would like follow-up on the report from MMKR of the 13 to 15 boxes of missing
original detailed sales records including cash register tapes, and other original documentation.
Ms. Sandback indicated she had contacted City Administrator Miller concerning the report and
had been told that four letters were written, one to the Ramsey County Sheriff, one to the Ramsey
County Attorney, one to the Bureau of Criminal Apprehension, and one to the State Auditor's
Office. She then asked if a formal report had ever been filed with law enforcement and was told
that Staff was never directed by Council to do so. Ms. Sandback then asked Council to formally
direct Staff to file a formal report.
Mayor Sonterre indicated the BCA indicated they were not the appropriate body to conduct the
investigation, the Ramsey County Attorney and Sheriff indicated that based upon information
they felt it would warrant an investigation but they did not have the tools to conduct it. Ramsey
County then suggested the Auditor's Office maybe the most appropriate office to conduct the
investigation and the Auditor has been doing some investigating but there has not been a
formalized investigation. He further commented that he is not sure that direction to Ms. Miller is
appropriate at this time since this is her last meeting.
Ms. Sandback asked if she would need to come back and ask the new Council and new
administrator to file a formal complaint.
Mayor Sonterre recommended that she do so.
Council Member Stigney indicated the outgoing administrator could delegate the direction to the
interim administrator.
MOTION/SECOND: Stigney/Quick. To Direct Staff to Speak with the Appropriate Authorities,
Including the State Auditor's Office to Conduct an Investigation into the Missing Information
from the Golf Course and File a Formal Report.
Ms. Sandback indicated she would like a report filed with the police department as it is stolen
property of the City of Mounds View.
Council Member Thomas suggested that the motion include the Auditor's Office and
recommended Staff contact them to inform them of the matter since there has been a change in
the Auditor's Office.
The Motioner and seconder agreed to the friendly amendment.
Ms. Sandback indicated her biggest concern is that this is property of the City of Mounds View
• and that is why she feels it warrants a criminal investigation and she is not sure what the
Auditor's Office can do.
Mounds View City Council December 30, 2002
Regular Meeting Page 3
Ayes - 5 Nays - 0 Motion carried.
Mayor Sonterre indicated there were students from Irondale in attendance at the meeting and
invited them to speak.
Katie Prizig of 8275 Fairchild Avenue indicated she was there with other Irondale students as
part of a citizenship class.
5. JUST AND CORRECT CLAIMS
Council Member Stigney asked if the charge to fix the speaker was because it was installed
backwards on a squad. He then asked if the others were being checked because this is the second
one.
Public Works Director Lee indicated the charge was for a squad speaker that was installed upside
down. He then indicated that the other squads are being checked.
Council Member Stigney asked why the police department purchases yearbooks from Irondale.
Finance Director Hansen indicated the Police Department purchases yearbooks in order to have
pictures of students on file in case they are needed.
Council Member Stigney asked what the mileage reimbursement to Mayor Sonterre was for.
Finance Director Hansen indicated it was mileage reimbursement turned in by the Mayor for the
last six months and it included various conferences for a total of 580 miles at 36.5 cents per mile.
Council Member Stigney asked whether it was customary to save up mileage for six months and
then submit it and whether there was a policy in place for reimbursement.
Finance Director Hansen indicated it would be preferable to have them turned in promptly but,
since this did not go over year-end, there is no harm done.
MOTION/SECOND: Thomas/Quick. To Approve Just and Correct Claims as Presented.
Ayes - 4 Nays - 0 Motion carried.
•
6. CONSENT AGENDA
A. Resolution 5913 Appointing Jim Ericson Interim City Administrator
B. Resolution 5914 Approving a Business License for Sam's Market
C. Resolution 5905, Approving the Purchase ofNon-Linear Editing System for Cable
Production.
D. Resolution 5910 Approving the Purchase of a Replacement Tractor for the Parks
Division
Mounds View City Council December 30, 2002
Regular Meeting Page 4
E. Resolution 5908 Authorizing Payment to Northwest Youth & Family Services for the
Year 2003
Council Member Thomas requested that Item C be removed for discussion.
MOTION/SECOND: Thomas/Sonterre. To Approve Consent Agenda Items A, B, D, and E as
Presented.
Ayes - 4 Nays - 0 Motion carried.
MOTION/SECOND: Quick/Sonterre. To Approve Consent Agenda Item C as Presented.
Council Member Thomas asked why this was being requested now when Council recently
discussed that the City was not going to purchase any equipment for the cable department
without first having an inventory provided and Council discussion on the plan for the future for
the department.
Mr. Gamble indicated that, since he was hired, he has been working on getting things
straightened out and he feels all the issues are resolved but he will work on more training with
Dave to ensure there are no issues with recording and broadcasting meetings.
Council Member Thomas indicated that was not the question, the question is what kind of
equipment does the City have and what does the City need based on a plan approved by Council
for the future. She then said that Staff had been asked to submit a plan for the department to
Council for approval and that needs to happen before any equipment purchases will be approved.
Mr. Gamble indicated he had provided an inventory to the Administrator to carry on with the
plans from the previous cable coordinator. He then said that his plan is very consistent with the
previous cable coordinator and technology becomes outdated very quickly and needs to be
replaced.
Council Member Thomas indicated the previous person had a plan but that plan was never
discussed and approved by the Council and continuing with that plan is not something she wants
to see happen.
Mayor Sonterre indicated there was a conceptual plan for the department but no functional plan
was ever submitted to Council for consideration and approval.
City Administrator Miller indicated she had received the information from Mr. Gamble and had
asked for further information that has now been provided. She then said that there was not time
to have this matter at a work session and recommended that the new Council have it set for
discussion.
Mr. Gamble agreed to work with Council on any information they need to move forward with the
cable equipment.
Mounds View City Council December 30, 2002
Regular Meeting Page 5
Council Member Stigney indicated he agreed with Council Member Thomas that something
needs to be done with regard to the ultimate goal of the City for its cable department as well as a
cost estimate and schedule for implementing that plan. He then commented that Alpha was
presented as the lowest bidder but it turned out that was not the case and he would like
information on the other bidders on the list. He further asked whether the request was consistent
with the City's purchasing policy for quotes.
City Administrator Miller indicated that three written quotes were received.
Mr. Gamble agreed to provide further information on the quotes.
MOTION/SECOND: Thomas/Stigney. To Table this Matter for Further Information and
Discussion at an Upcoming Work Session.
Ayes - 4 Nays - 0 Motion carried.
7. COUNCIL BUSINESS
A. Public Hearing to Consider Resolution 5904, a Resolution Amending
Resolution 5419 Relating to Interim Use Permits for Billboards at the
• Bridges Golf Course
Mayor Sonterre opened the public hearing at 7:34 p.m.
Community Development Director Ericson explained that the City entered into a lease agreement
for six billboards at the golf course that have not yet been constructed. He then indicated that, as
a result of ongoing appeals and litigation, Clear Channel has requested an extension of the lease
agreements in an attempt to recover the costs of litigation.
Director Ericson explained that two courses of action need to be taken, the first is an amendment
to the City's Code to clarify the lease period of the billboards, and the second would be changing
the requirement for the number of feet between signs from 1,000 to 750 to ensure that the signs
can be located in areas that do not interfere with the play of golf at the course.
Mayor Sonterre closed the public hearing at 7:37 p.m.
MOTION/SECOND: Stigney/Quick. To Waive the Reading and Approve Resolution 5904, a
Resolution Amending Resolution 5419 Relating to Interim Use Permits for Billboards at the
Bridges Golf Course.
Ayes - 3 Nays - 0 Motion carried.
Council Member Thomas was not present for the vote.
Mounds View City Council December 30, 2002
Regular Meeting Page 6
B. Public Hearing to Consider the Second Reading and Adoption of Ordinance
708, an Ordinance Amending Section 1008 of the Mounds View Municipal
Code Pertaining to Billboards
Mayor Sonterre opened the public hearing at 7:38 p.m.
City Attorney Riggs asked that Mr. Ericson's comments from the previous matter be entered for
this item as well.
Community Development Director Ericson explained that the City entered into a lease agreement
for six billboards at the golf course that have not yet been constructed. He then indicated that, as
a result of ongoing appeals and litigation, Clear Channel has requested an extension of the lease
agreements in an attempt to recover the costs of litigation.
Director Ericson explained that two courses of action need to be taken, the first is an amendment
to the City's Code to clarify the lease period of the billboards, and the second would be changing
the requirement for the number of feet between signs from 1,000 to 750 to ensure that the signs
can be located in areas that do not interfere with the play of golf at the course.
Mayor Sonterre closed the public hearing at 7:39 p.m.
• MOTION/SECOND: Quick/Stigney. To Waive the Reading, Approve the Second Reading, and
Adopt Ordinance 708, an Ordinance Amending Section 1008 of the Mounds View Municipal
Code Pertaining to Billboards.
ROLL CALL: Quick/Marty/Stigney/Thomas/Sonterre.
Ayes - 3 Nays - 0 Motion carried.
Council Member Thomas was not present for the vote.
C. NPDES Phase II Storm water permit. Resolution 5911 Authorizing the
engineering firm of Bonestroo, Rosene, Anderlik, and Associates (BRAA) to
assist in the preparation of the NPDES Phase II Permit
Public Works Director Lee explained that Resolution 5911 would authorize BRAA to assist the
City in preparing its NPDES Phase II Storm Water Permit. He then indicated that, in his
estimation, it would take 800 to 1,000 staff hours to prepare at a cost of $24,000 to $30,000
whereas BRAA has submitted a proposal to charge the City $12,000 to $16,000 to assist the City
with the project.
Public Works Director Lee indicated that this is a major undertaking and will change the way the
City looks at storm water so he felt it would be appropriate to provide a presentation on the storm
• water permit issues.
Mounds View City Council December 30, 2002
Regular Meeting Page 7
'~ A Representative of Bonestroo, Rosene, Anderlik addressed Council and provided information
on the requirements of the NPDES Phase II Permit.
Mayor Sonterre asked whether it was possible at all for Staff to meet the deadline regardless of
the cost savings to use BRAA.
Public Works Director Lee indicated he would need to devote 100% of his time and it is not
realistically possible.
MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5911, a
Resolution Authorizing the Engineering Firm of Bonestroo, Rosene, Anderlik, and Associates
(BRAA) to Assist in the Preparation of the NPDES Phase II Permit.
Ayes - 4 Nays - 0 Motion carried.
D. Resolution 5898 Authorizing the Execution of the Contract for Catering and
Banquet Management Services Between the City of Mounds View and
Elegant Thymes
City Administrator Miller indicated that Council had directed Staff to work with the City
Attorney to provide a contract for review in this matter. She then explained that the contract that
. is before Council combines the catering and management aspects and changes the method in
which payment is made in order to make things less confusing. She further explained that the
payment had been changed to a flat dollar amount and all references to gross or net revenues
have been removed from the contract.
City Attorney Riggs explained that the contract is a combination of the two agreements that
existed for catering and management of the facility providing a vast simplification of the
payments and minor revisions to a number of aspects to make the language consistent as well as
to simplify interpretation of the contract.
Council Member Stigney asked why this method would be better for the City.
City Attorney Riggs explained that this contract is better because it simplifies the payment
method. He also indicated that Staff discussed the incentive to generate revenue and there is a
clause requiring a meeting with Council to set a goal.
City Administrator Miller indicated it would simplify the administration of the contract and the
finance director felt that would be helpful. She also noted that MMKR's audit had indicated that
the contract language was confusing and this contract would simplify the language.
Council Member Stigney commented that the contractor could do nothing and still get a flat rate.
City Attorney Riggs indicated the contract requires the contractor to meet with Council to set
objectives and the contract can be terminated if Council's goals are not met.
Mounds View City Council December 30, 2002
Regular Meeting Page 8
Council Member Stigney asked why it was not possible to straighten out the language and allow
for an incentive.
City Administrator Miller indicated that the portion that deals with catering does respond to the
concern that if the contractor does not provide the service they will not derive revenues so that
portion of the contract should allay any fears.
Mayor Sonterre explained that if there is no catering business there is no money made even if the
flat fee for management is made.
Council Member Stigney asked whether there is an amount that has to be produced or not. He
then said he is concerned that this contract will straighten out one issue and create another one.
City Attorney Riggs indicated there was a practical question of how the contract was interpreted
and this is in response to how best to simplify it. He then said there is an operational contract
and there is an incentive because if they do not have events there is nothing to be made on the
catering side of the business.
Council Member Stigney asked whether, in the opinion of the City Attorney, this is the best
contract for the City.
City Attorney Riggs commented that the question was subjective but said based on discussions
with City Staff and the vendor, this is the best solution to resolve past difficulties and make it
more efficient for the finance department to deal with.
Mayor Sonterre asked Finance Director Hansen if this is the best financial contract for the City.
Finance Director Hansen indicated he was very comfortable with how the contract is proposed
and recognizes that the contractor could make the management fee with no efforts but that fails
to recognize that the management fee is a small part of what the contractor makes off of the total
operation so it is not in their best interest to do anything less than their absolute best to maximize
profits.
Council Member Stigney commented he is not worried they will do nothing but is concerned that
they will not do as much as Council thinks should be done. He then asked if the contract could
be terminated if Council is unhappy with the revenues.
City Attorney Riggs indicated that paragraph 12 requires that the contractor meet the goals of the
City Council and, if not met, there would be a breach of contract and the relationship can be
severed.
Mayor Sonterre commented that this is not a new vendor as they have been with the City
i performing well for several years.
Mounds View City Council December 30, 2002
Regular Meeting Page 9
Council Member Stigney commented that the City has been burned on a number of contracts and
he is very cautious.
Council Member Thomas indicated the contract did not seem clear as to the number of days the
City is allowed to use the facility.
Mr. Bradley indicated that he understood that the City has 10 days per year to use the facility.
Council Member Thomas indicated she did not find language limiting the City to 10 days.
Mr. Bradley indicated the City would need to provide notice and, if the Center is not reserved,
then the City is free to use it.
Council Member Thomas suggested setting guidelines on what the City will request for use of
the Center because every time the City uses the Center it takes away from the profit.
Mr. Bradley indicated he has 22 more events booked than at this time last year.
Council Member Stigney asked whether he anticipated conflicts with dates from the City and
whether an advance list from the City is required.
• Mr. Bradley indicated there has not been an issue but requested that City Staff provide dates to
him as soon as possible.
Mayor Sonterre read Section 6, Item BS that indicates that the City will provide a list of dates on
or before the first business day of January for the first half of the year and on or before the first
business day in July for the last half of the year. After these times the City recognizes that use
will be restricted to times not reserved by others.
MOTION/SECOND: Thomas/Stigney. To Waive the Reading and Approve Resolution 5898, a
Resolution Authorizing the Execution of the Contract for Catering and Banquet Management
Services Between the City of Mounds View and Elegant Thymes.
Ayes - 4 Nays - 0 Motion carried.
E. Resolution 5915 Approving Changes to the City of Mounds View Personnel
Manual
City Administrator Miller indicated Council had directed Staff to work with the City Attorney to
make changes in the personnel policy that referenced probationary employees and Council
Member Stigney had suggested looking at other areas that may need some changes. She then
indicated that Section 1.03 was amended to reference the City's purchasing policy; section 1.37
was amended as the language pertains to probationary employees; section 1.40 was changed to
include a reference to the purchasing policy; section 3.05 amends the language to include a
reference for golf course employees regarding flex time use; section 3.10 amends the language to
Mounds View City Council December 30, 2002
Regular Meeting Page 10
be consistent with the AFSCME contract for holidays by eliminating good Friday as a holiday
and changing New Years Eve day and Christmas Eve day to full days rather than half days; and
Section 4.30 amends the language granting payout of sick leave to those who have left
employment with the City.
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5915, a
Resolution Approving Changes to the City of Mounds View Personnel Manual.
Council Member Stigney indicated he objected to consideration of this motion based on the fact
that the direction given to Staff was to look into the language of the policy and/or probationary
policy and he thinks Staff has gone far beyond that by amending the policy. He then said that, if
the policy is going to be changed, he thinks there are several things in the policy that needed
amending rather than pulling out sections to change and not discussing it first at a work session.
Council Member Thomas commented that she was not sure what the two have to do with each
other as Staff merely corrected some language that was problematic legally and there is nothing
to preempt another Council from going into further detail at a work session.
Council Member Stigney said he disagreed per Roberts Rules it was not the direction of Council.
Mayor Sonterre indicated Council did ask Staff and the City Attorney to look at changing the
language to make sure it was consistent. He then said he did not have an issue with Staff taking
the extra step to make changes that were necessary in regards to legal issues.
MOTION/SECOND: Stigney/. To Object to the Consideration of Resolution 5915.
Ayes - 1 Nays - 3 Motion failed.
Ayes - 3 Nays - 1(Stigney) Motion carried.
F. Consider Resolution 5912 Granting the Newly Appointed Chief Sommer
Approval to Attend the Minnesota Chiefs of Police Law Enforcement
Academy
City Administrator Miller indicated she received a request from the incoming Chief to attend the
Minnesota Chiefs of Police Law Enforcement Academy that starts on January 12, 2003, one day
prior to his start date of January 13, 2003.
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5912, a
Resolution Granting the Newly Appointed Chief Sommer Approval to Attend the Minnesota
Chiefs of Police Law Enforcement Academy and Amend Resolution 5903 to Change Mr.
Sommer's Start Date to January 12, 2003.
Council Member Thomas asked what the City's legal obligation would be for the Chief attending
the day before starting employment with the City.
Mounds View City Council December 30, 2002
Regular Meeting Page 11
City Attorney Riggs suggested moving the start date ahead in order to have him covered under
the City's workers compensation policy.
Council agreed to amend Resolution 5903 to reflect a start date of January 12, 2003.
City Administrator Miller read the addition to the Resolution.
The motioner and seconder agreed to the amendment.
Ayes - 4 Nays - 0 Motion carried.
G. Presentation of MMKR's Independent Accountant's Report on Applying
Agreed-Upon Procedures and Resolution 5916 Accepting the Report
Finance Director Hansen indicated that during 2001 the City engaged MMKR to conduct an audit
and report on agreed upon procedures. In the fall of 2001 there was an initial report issued to
Council and this will be a final report on the agreed upon procedures. He then introduced Aaron
Wilson from MMKR who was present to make a presentation on the report to Council.
Mr. Wilson addressed the Council and presented the report on agreed upon procedures.
• Mr. Wilson mentioned that the report identified items as potentially questionable if financial
activity occurred that was not specifically outlined in the contracts.
Mr. Wilson indicated the City paid the Fire Department $35,649 for service fees for the first 10
months of 2001 and has not been invoices for the remaining two months. The contract from
1999 states that the amount should not exceed $35,000 but that would be adjusted upward
utilizing the CPI that amount in 2001 would be $37,206.
Mr. Wilson indicated another item is there is a contract provision for renegotiating for service fee
if inspections increased by 10% but that does not apply as the contract was not renegotiated.
Mr. Wilson indicated that the City was invoiced $520.00 for educational expenses and $1,314 for
mileage charges and the contract does not address whether the charges are appropriate or if they
should be included.
Mr. Wilson indicated the contract does not address the calculation of the fee and MMKR
recommends that the City should include the method being used to determine the charge such as
an hourly rate. He then said that, in reviewing the invoices, it appears that $30.00 per hour was
used but that was not identified in the contract.
Mr. Wilson indicated the fire inspection contract was effective July 24, 1996 and expired in 1997
. with a 90-day grace period and, since he is not aware of renewals, MMKR assumed the contract
was not binding. He then said that, although under the assumption that the contract had expired,
Mounds View City Council December 30, 2002
Regular Meeting Page 12
there was a limit on costs for 1996 of $4,000 and invoices received and paid totaled $8,770. He
further indicated that this contract established an hourly rate of $35.00 and charges paid by the
City included educational and mileage expenses not outlined in the contract.
Mr. Wilson indicated the fire protection contract has had 8 versus 9 installments but that is
consistent with past practice. The second item is that in establishing the City's estimated share
for calls the formula is to use the calls for the three previous years. In reviewing the formula for
2001 2000 data was not used per the contract. A reason maybe that the data was not yet
available but that is inconsistent with the contract. The third item is the assessed values in the
formula, the numbers for 2000 were not used but should have been per the contract. Another
observation is that there was an invoice for $8,553 for a capital budget expenditure that was not
addressed in any contract they reviewed.
Mr. Wilson indicated the Creative Kids contract was reviewed and the lease commenced in
August of 2001 but there were no payments until September of 2001. The second item is that the
initial payment for September was $5,288 rather than the $5,244 specified in the contract. The
third item is that Section 2.2 of the contract identifies a penalty and interest component for late
payments not received with 10 days of the due date and, on more than one occasion, the
payments were made after the established due date with no penalty imposed.
Mayor Sonterre asked Finance Director Hansen if there should be suggested changes to the past
• practices and what the plan to move forward would be.
Finance Director Hansen indicated that several of the contracts have expired and are no longer an
issue. He then indicated that the fire services contract had been discussed and Council had
directed Staff to pay the Fire Department as billed. He further commented that he would contact
Creative Kids to inform them that late fees will apply for payments received more than 10 days
late.
Mayor Sonterre asked whether the $8,553 capital budget expenditure was an approved budget
expenditure.
Finance Director Hansen indicated he would need to review records and report back.
Mayor Sonterre suggested having something in the documentation to identify this type of
expenditure to save time reviewing the future.
Council Member Thomas indicated she would like to get clarification on what should be done
with regard to educational and mileage charges.
Finance Director Hansen indicated those were on the housing inspection and building inspection
contracts and those are the contracts that ended.
• Council Member Stigney noted the report was dated June 27, 2002 and asked why Council is
hearing about it in December.
Mounds View City Council December 30, 2002
Regular Meeting Page 13
Mr. Wilson indicated that this is when he was asked to come and report on it.
City Administrator Miller indicated this was discovered as a housekeeping item that needed to be
heard and approved by Council.
MOTION/SECOND: Stigney/Thomas. To Waive the Reading and Approve Resolution 5916, a
Resolution Accepting the Report of MMKR's Independent Accountant.
Ayes - 4 Nays -0 Motion carried.
H. Resolution Number 5906 Authorizing Labor Relations Associates, Inc. to
Perform a Compensation Analysis for All Classifications
City Administrator Miller indicated the City's policy states that a compensation analysis shall be
conducted annually.
MOTION/SECOND: Quick/Thomas. To Waive the Reading and Approve Resolution 5906, a
Resolution Authorizing Labor Relations Associates, Inc., to Perform a Compensation Analysis
for all Classifications.
Council Member Stigney commented that the policy indicates the City will do this annually with
the analysis to occur in September and an analysis of all grades every three years.
City Administrator Miller indicated the last analysis was several years ago and things have been
further complicated because there has been piece meal analysis done on some jobs and not
others. She also indicated that the City agreed with AFSCME to do this.
Council Member Stigney indicated he thinks the policy should be changed because he is opposed
to using the Stanton when other cities are changing to use cities of similar size.
Mayor Sonterre indicated that during the negotiations with AFSCME the City agreed to evaluate.
He then asked what method of evaluating was agreed to.
City Administrator Miller indicated the evaluation was to be done in accordance with the City's
personnel policy.
Mayor Sonterre commented that there is a verbal commitment to provide this evaluation.
City Administrator Miller indicated there is more than a verbal commitment.
Ayes - 3 Nays - 1(Stigney) Motion carried.
Mounds View City Council December 30, 2002
Regular Meeting Page 14
• I. Resolution Number 5917 Authorizing the Execution of the Settlement
Agreement and Release in the Bruce Kessel vs. the City of Mounds View,
BMS Case No. 02-PIR-128
City Administrator Miller indicated that the City entered into mediation with Mr. Kessel and Mr.
Hammerschmidt and as a result there is a tentative settlement agreement reached with Mr. Kessel
and Staff is asking for approval of Resolution 5917 authorizing Staff to execute the settlement
agreement.
MOTION/SECOND: Thomas/Quick. To Waive the Reading and Approve Resolution 5917, a
Resolution Authorizing the Execution of the Settlement Agreement and Release in the Bruce
Kessel vs. the City of Mounds View, BMS Case No. 02-PIR-128.
Mayor Sonterre commented that he felt that the City provided more than ample information and
basis by which to make a termination for cause in this case and he was very upset the City paid
out what it did in compensation at the time of the termination. He then said he thought that it
was a glaring error in the personnel policy to allow for such a payout. He further commented that
he understands the legal proceedings but is nauseous over the fact that the City will give this guy
more money.
City Administrator Miller indicated the League Insurance Trust that represents the City sees this
• as a nuisance settlement that is nominal in nature and while no one is keen on the idea of paying
more this frees up the attorney assigned to the matter to allow her to concentrate on the one
existing arbitration set for January.
Mayor Sonterre indicated he understands the world live we live in and accepts the settlement in
its nuisance state and will vote for it but wanted to state for the record that this is repulsive based
on the information to justify the termination.
Ayes - 4 Nays - 0 Motion carried.
J. Resignation of David Longville from his Part Time Position
City Administrator Miller indicated that Mr. Longville had resigned from his full time position
with the City but had agreed to continue employment on an as needed basis of 10 hours per week
to manage the golf course. She then indicated that Mr. Longville has provided the City with a
letter of resignation from his part time position effective December 23, 2002.
MOTION/SECOND: Thomas/Sonterre. To Accept the Resignation of David Longville from
His Part Time Position.
Council Member Stigney asked whether this would affect his severance by changing the date of
resignation to December 23, 2002.
Mounds View City Council December 30, 2002
Regular Meeting Page 15
City Administrator Miller indicated Mr. Longville had resigned from his full time position and
this letter of resignation is for the part time position.
City Attorney Riggs indicated that Mr. Longville ended his full time position with the City and
came back as part time with different benefits but said it would not hurt to include in the motion
that this is an acceptance of his resignation of the part time position.
The motioner and seconder accepted the inclusion of the part time resignation.
Ayes - 4 Nays - 0 Motion carried.
8. SPECIAL ORDER OF BUSINESS
None.
9. REPORTS
Finance Director Hansen reported that the City had received its second half local government aid
from the State.
Finance Director Hansen indicated the City received a check from the league for $23,471 as a
• dividend on the City's property and casualty insurance policy for 2001.
Finance Director Hansen reported that Council had directed him to conduct a review of the
severance payouts for Ms. Miller and Ms. Reed. He then indicated he had done so and made a
correction to the payout to Ms. Miller from $13,262 to $12,796 to account for vacation time
used. He also indicated that Staff had been directed to determine whether there had been overuse
of comp time and, in Ms. Miller's case no overuse was found.
Finance Director Hansen reported that he had conducted a review of the severance payout to Ms.
Reed and had made an adjustment in the payout to Ms. Reed from $6,960 to $4,284 to account
for vacation time used. He then indicated he had reviewed Ms. Reed's use of comp time and
found a variance of 15 minutes and her check was corrected to remove those 15 minutes.
Council Member Stigney asked what time frame was used for determining the flex-time.
Finance Director Hansen indicated it was per two-week period.
Council Member Stigney indicated that was not what the Resolution had stated.
City Administrator Miller asked what time sheets were used.
Finance Director Hansen indicated that he had discussed the matter with Council Member
Stigney since the last Council meeting and felt an agreement was reached whereby Staff would
review all time sheets for the last three months and the first time sheets from when they began
Mounds View City Council December 30, 2002
Regular Meeting Page 16
• employment with the City and a sampling in between. He then explained that the review he
made took 10 hours of staff time and the outcome was that Staff found 15 minutes so the review
was hardly cost effective.
Council Member Stigney commented that by not looking at all of the timesheets the City would
not know for sure if flex time was used improperly. He then stated that the Resolution stated one
thing and Staff accomplished something else. He also indicated he had a question on the sick
time paid out for Ms. Miller.
Finance Director Hansen indicated that sick time was paid out per the City's policy at 1/12 of her
ending balance of 298.64 hours.
Council Member Stigney read Section 3.35 of the policy on banked sick leave indicating
employees with more than 120 sick days will be calculated at the rate of 1 per month additional
and are not to be included in the calculation.
Finance Director Hansen indicated that the policy refers to 120 days and Ms. Miller had 298
hours not days.
Community Development Director Ericson thanked Ms. Miller for doing a wonderful job given
the circumstances and direction of Council.
• Director Ericson reported that the City received an easement document exercised by the business
park entity for the trail section by Perkins. He then indicated that the new owner of the Perkins
property intends to remove the pine tree in question. He then indicated that Staff is discussing
adding the trail to the County Road H2 as a change order and that would be before Council in
January or February.
Director Ericson indicated that Council would call to order at the January 6, 2003 meeting to
administer the swearing in and complete administrative housekeeping tasks.
Council Member Quick asked if that meets the provisions of the City's Charter.
City Attorney Riggs indicated it would as long as the meeting is properly posted.
City Attorney Riggs indicated he had advised Council at a previous meeting to proceed to
recover excess funds from a condemnation matter with Mounds View v. Gridley but, after
receiving further information and a response from an attorney representing trustees for potential
interested parties his advice has changed and he would recommend stopping the action in its
entirety.
MOTION/SECOND: Thomas/Sonterre. To Direct Staff to Cease Action to Collect Outstanding
Funds in the Matter of Mounds View v. Gridley.
• Ayes - 4 Nays - 0 Motion carried.
Mounds View City Council December 30, 2002
Regular Meeting Page 17
City Attorney Riggs provided an update on the litigation matter involving the City over the
landfill issue. Based on information received from the Attorney General on December 23, 2002,
it appears that a settlement has been reached and an extension of time to answer has been granted
should the settlement not proceed.
City Attorney Riggs recommended that incoming Council hold a closed session on January 6,
2003 for Staff to update them on the outstanding litigation matters. He also indicated that Ms.
Fleming Wolfe would attend the meeting to provide an update.
City Attorney Riggs indicated his last item is the memo he had previously handed out that
responds to the questions of Council concerning reconsideration or rescinding of resolutions.
Mayor Sonterre noted that after the discussions regarding the contract with the YMCA he was
contacted by them and attended a meeting to discuss the issues. He then said that he is
encouraged that it appears to be their sincere intent to address the deficiencies.
Council Member Stigney asked who else attended the meeting.
Mayor Sonterre indicated that City Administrator Miller, he and Finance Director Hansen had
attended the meeting.
Mayor Sonterre commented that it has been a good ride and said he enjoyed serving as Mayor.
He then thanked Council and Staff for serving the residents of the City and said it has been a
privilege and an honor to serve.
Council Member Stigney asked whether there was a written memo or summary provided so the
City knows what happened at the meeting with the YMCA.
Mayor Sonterre indicated he had provided Mr. Ericson with a verbal summary.
Council Member Stigney asked for a written summary.
Mayor Sonterre agreed to provide Mr. Ericson with a written summary.
10. APPROVAL OF MINUTES
A. Minutes for December 9, 2002
Council Member Thomas requested the following changes: On Page 13, fourth paragraph from
bottom begins Council Member Stigney "insert how long Mr. Sommer had been with Anoka
County.
Director Ericson asked that the spelling of Summer be corrected to Sommer.
Mounds View City Council December 30, 2002
Regular Meeting Page 18
~! Council Member Stigney requested the following changes: On Page17, third sentence from
bottom Ms. Reed indicated that she, the City Administrator, Mary Burg and the golf course
manager from New Brighton were on the interview panel delete and as Mary Burg is the golf
course manager. Also correct the spelling of Berg to Burg. Insert that Ms. Burg interviewed
David Longville. On Page 18 delete "the employee".
Mayor Sonterre requested a correction on Page 2, under Mayor Sonterre indicate he said that
"everyone needs to be cognizant that the City is likely to lose up to $900,000."
MOTION/SECOND: Stigney/Thomas. To Approve the Council Meeting Minutes of December
9, 2002, as Amended.
Ayes - 4 Nays - 0 Motion carried.
•
11. Next Council Work Session:
Next Council Meeting:
12. ADJOURNMENT
Mayor Sonterre adjourned the meeting at 9:07 p.m.
Transcribed and recorded by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.
Monday, January 6, 2003/Special Meeting
Monday, January 13, 2003
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