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HomeMy WebLinkAboutMinutes - 2003/03/10PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 10, 2003 Mounds View City Hall ~" ~ ~ ~G'~vt- 2401 Highway 10, Mounds View, MN 55112 ~" 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 4. APPROVAL OF AGENDA Interim City Administrator Ericson requested that Item 9Cbe removed from the agenda. A. Monday, March 10, 2003 City Council Agenda. MOTION/SECOND: Stigney/Marty. To Approve the Monday, March 10, 2003 Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT Dennis Hammes of 5511 Quincy Street addressed Council and asked whether anyone had looked into the administration violations for noise violations as he had asked last month. Interim City Administrator Ericson agreed to look into the noise violations. Mr. Hammes asked if the state patrol could help enforce the noise ordinance. Council Member Quick asked Mr. Hammes to explain the issue. Mr. Hammes indicated the noise from jake brakes on trucks and loud exhaust on cars and trucks has been disrupting his sleep as the road is right outside his bedroom windows. Council Member Quick asked what street has the issue. Mounds View City Council March 10, 2003 Regular Meeting Page 2 Mr. Hammes indicated he lives at the corner of Quincy and County Road I and the loud mufflers and jake braking at the stoplight are very loud and disrupting his sleep. He then said that he was told that jake brakes were for downhill decent so it is not necessary to use them in Mounds View. Council Member Quick asked if Staff had forward the request to the Police Chief. Interim City Administrator Ericson indicated the police department was notified and said he would follow up with them to see what, if any, action has been done. Robert Edmund of 7835 Groveland Road addressed Council and asked if there was anything that could be done to reduce the number of police visits to a certain business within the 2200 block of County Road 10 for underage drinking as he feels the number of trips is a drain on the police budget. Mayor Linke explained that underage drinking is not occurring and the reason the police are called to the business is to deal with underage individuals attempting to obtain alcohol from the business. He then said he would rather the police handle the situation as it is more of a deterrent than just having the business escort them out. He further commented that the business is doing what it is supposed to be doing to keep underage individuals from consuming alcohol. Mr. Edmund said he feels that places a burden on the police. Mayor Linke indicated he felt calling the police is a bigger deterrent than the establishment just turning them away. David Jahnke of 8428 Eastwood Road indicated he had voiced concerns at the last Council meeting about expenses and had gotten some promises but things seem to be going the other way. He then said he read an article on how some other cities are cutting costs and then sees on this agenda hiring a planning associate and leasing copy machines. Mr. Jahnke expressed concern over the number of vehicles that Staff take home with the excuse that they need a vehicle to get back to City Hall in the event of an emergency. He then said that he thinks it is absolutely ridiculous as employees, as part of their job, should have a way to get to City Hall in the event of an emergency and the City should not have to provide a vehicle for that. Mr. Jahnke indicated he feels the City can reign in spending without being jerks about it and he would like to see Council really look into any expenditures that are not absolutely necessary. Mayor Linke indicated Council is meeting on March 17, 2003 to discuss the budget and review possible items for cutting. He then indicated the hiring of an associate planner was removed from the agenda. He further commented that Staff and Council are keenly aware of the budget situation and he has personally been looking at the budget trying to make a determination of how and where to cut 15%. Mounds View City Council March 10, 2003 Regular Meeting Page 3 Mr. Jahnke asked if anyone knew how many loans are against the golf course and what the total amount of the loans is. Finance Director Hansen indicated the golf course and its loans would be discussed later in the agenda. Mr. Jahnke indicated he would like to know the total figure borrowed to keep the course running. Council Member Many indicated that he had spoken to Mr. Ericson concerning the planning associate and Mr. Ericson is working on different avenues in an effort to save the City money. 6. SPECIAL ORDER OF BUSINESS A. Resolution 5960, Appointing Parks and Recreation Commission Members Mayor Linke indicated the names of four interested persons were presented to the Park and Recreation Committee for review and the Committee has put forth three names for Council consideration, Sharon Linke, Dana Mendoza and Robert Edmunds. He then said that he would recommend that Sharon Linke and Dana Mendoza be appointed to the Committee. MOTION/SECOND: Linke/Gunn. To Approve Resolution 5960, a Resolution Appointing Parks and Recreation Commission Members. Michele Sandback addressed Council and indicated she is concerned with Ms. Linke being appointed to the Committee as there have been ongoing conversations with this Council to get rid of the YMCA and putting in a City-run Parks Director. She further commented that Ms. Linke is the Mayor's wife and she feels there may be a conflict of interest at the time when, and if, the City does go through with aCity-run Parks Department. Mayor Linke indicated this Commission has no money to spend and merely makes recommendations to Council and his wife has over 20 years of experience in Parks and Recreation and she is the better candidate. Ms. Sandback said she feels that the Mayor should abstain from voting since the candidate is his wife and secondly, she would like to see a resolution passed by this Council to stop conflicts of interest when it comes to Commissions. She then suggested passing a resolution that prohibits Commission Members from gaining employment with the City until one year after resignation or removal from a City Commission. Ms. Sandback indicated she feels there may be a conflict of interest later on if the City does decide to go with aCity-run parks department when it comes to hiring someone to run that department. She then said that Ms. Linke is the president of Innovative Images and there is an unresolved financial issue between Innovative Images and the City. Mounds View City Council March 10, 2003 Regular Meeting Page 4 Ms. Sandback indicated she does not want the City to go through more of what has been going on for the past two years. Council Member Stigney indicated he has a problem with an acting Mayor making the motion to appoint his wife to a position rather than abstaining. He then said that, in the past, Mayor Linke has voted for salary raises for his wife under the auspice that it was a raise for everyone in that class but this is a very specific thing appointing his wife and something does not ring right with that. Council Member Stigney indicated that there are some issues regarding claims against the City with Innovative Images and until that issue is resolved he has serious reservations about appointing her to the Commission as she was terminated from the position. He then asked why the Commission brought forth three names for two positions. He further said he would like to have the motion divided to handle the appointments separately. Mayor Linke indicated that, as Mayor, it is his responsibility to bring two names to Council for appointment and as far as outstanding legal issues there is nothing outstanding. He then asked City Attorney Riggs if there was anything outstanding between Innovative Images and the City. City Attorney Riggs indicated there was nothing outstanding based on Council action on the last matter. Council Member Stigney asked whether a settlement had been made. Mayor Linke indicated that no claim for settlement has been made at this time. Council Member Stigney asked if the amount offered by the City was accepted by Innovative Images. Mayor Linke said no. Council Member Stigney said he has a problem when the applicant is the Mayor's wife and the Mayor makes the motion. Mayor Linke indicated he made the motion based on the applicants' backgrounds and experience and he feels these two applicants would be the best for the City. Council Member Stigney asked if Mayor Linke would be willing to abstain from voting. Mayor Linke said yes, if that is what it takes. He then said that conflict means if a member of Council were to receive a monetary benefit and there is no benefit as this is a volunteer position. Council Member Quick asked who the principal officers of Innovative Images are. Mayor Linke asked what that has to do with appointing his wife. Mounds View City Council March 10, 2003 Regular Meeting Page 5 City Attorney Riggs indicated he was aware of only two Sharon Linke and Jerry Linke. Council Member Quick commented that the company was terminated for violations of a contract with the City of Mounds View. City Attorney Riggs indicated that the contract was terminated based on Council directive. Council Member Quick commented that there is nothing to act on but Innovative Images has not agreed on the City's offer to settle. City Attorney Riggs indicated there were offers that transpired back and forth but the matter has died. Council Member Quick asked if there had been a letter saying that claims would stop or no further action would be taken. City Attorney Riggs indicated he has received nothing. Offers went back and forth and that is where it stopped. • Council Member Quick indicated he supported Council Member Stigney's request to split the motion. MOTION/SECOND: Stigney/Quick. To Divide the Motion. Mayor Linke indicated that motion was out of order. Council Member Quick challenged the decision of the chair. City Attorney Riggs indicated it was in order to request that the motion be split. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Linke/Gunn. To Waive the Reading and Approve Sharon Linke to the Parks and Recreation Commission Member. Council Member Marty indicated he has nothing against Ms. Linke but feels it may look bad publicly and it may be a good decision for Council to consider another candidate. Ayes -1 Nays - 4 Motion failed. MOTION/SECOND: Linke/Gunn. To Waive the Reading and Approve Resolution 5960B, a Resolution Appointing Dana Mendoza to the Parks and Recreation Commission. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council March 10, 2003 Regular Meeting Page 6 Council appointed Dana Mendoza to the term ending December 31, 2005 and Mr. Edmund to the term ending December 31, 2004. 7. JUST AND CORRECT CLAIMS Mayor Linke asked for clarification of the charge from Kennedy and Graven for the Police Commission. Interim City Administrator Ericson indicated the Police Civil Service Commission had not met yet this year but he had posed questions to the City Attorney and that is what brought about the $24.00 charge. Finance Director Hansen informed Council of a correction to the spread sheet that tracks payments from outside parties. He then explained that a formula had been inadvertently copied to a cell where it did not belong and had shown a collection for Longview Estates where there was none. He then apologized for the error. Council Member Marty asked for clarification of Check Number 110435 to the Minnesota Department of Health for a water supply connection fee. . Finance Director Hansen indicated the State of Minnesota does testing of all water systems in the state and all water systems have to pay the state a fee based on the number of connections and that payment is made each quarter. Council Member Many asked for clarification on Check Number 110430 to Midwest Public Golf Managers Association. He then said that it seems there have been numerous memberships for the golf course and he is wondering how many the City needs and if there are any more the City will be asked to pay for. Finance Director Hansen indicated there were several different memberships at the golf course and he does check them against the budget or for City Administrator approval before the payments are made. Golf Course Manager Burg indicated that this membership is an association of local City and all public managers and is one of the last to be paid for. She then said there may be one more that needs to be paid. Council Member Marty asked how many memberships the golf course has. Ms. Burg indicated that there are six different associations and explained each of them. Ms. Burg indicated there would be a couple more licenses to be purchased by the City for staff at the golf course. One is an electrical license and the other is a pesticide applicator's license. Council Member Marty asked whether New Brighton had this many memberships. Mounds View City Council March 10, 2003 Regular Meeting Page 7 • Ms. Burg indicated that the only one New Brighton does not have is the United States Golf Association but said they do not have PGA and are not required to have the United States Golf Association membership. Council Member Stigney indicated he had asked at the last meeting whether there are more memberships this year than last year. Ms. Burg indicated that she deferred to the budget as the amount for memberships went down. She then said that she would look into what memberships the course had Last year. Council Member Marty asked for clarification on Check Number 110417 for the Hammerschmidt matter for $973.80. City Attorney Riggs indicated there were two independent actions still pending, one where the arbitration matter was handled by Julie Fleming Wolfe and has a decision pending. The other is an unemployment insurance claim matter that was appealed and may be before Council sometime in April or May for discussion dependent upon what the claimant and Commissioner do. Council Member Stigney asked if both the termination and unemployment were being appealed by Mr. Hammerschmidt. City Attorney Riggs indicated that both matters were appealed. Council Member Marty indicated he had asked for further information from Ms. Flemming Wolfe and asked whether that was provided. Interim City Administrator Ericson indicated he had not received any further information. Council Member Many asked for clarification of Check Number 110454 for $1,626. Finance Director Hansen indicated that was an expense for the banquet facility for materials to update and renovate some decorating of the facility. Council Member Marty suggested that before anybody does anything else they should seek Council approval. He then asked what the monetary value would be before coming to Council for approval. Finance Director Hansen indicated that for items in the budget the amount is $5,000 and for items not in the budget the amount is $2,500. Council Member Many commented that this is not a large expense but every little item needs to be looked at when the City is faced with losing over $300,000. Mounds View City Council March 10, 2003 Regular Meeting Page 8 Council Member Stigney asked what MARCO was. Finance Director Hansen indicated that MARCO is the Minnesota Association of Housing Code Officials. Council Member Stigney asked what MSSA was. Finance Director Hansen indicated that MSSA is the Minnesota Street Superintendents Association. Council Member Stigney indicated that it seems to him that Staff does not realize there is a budget crunch with the proposed cutbacks to LGA and he would like to give Council direction through the City Administrator to have Staff look at ways of cutting back. Council Member Marty suggested a moratorium on spending and said it bothers him to be discussing spending money as if things are normal and the City is not expected to lose money. Council Member Quick said he felt that Council should have held an immediate meeting to discuss the budget and spending issues if Members are so worried about it rather than waiting until March 17, 2003 to give Staff a clear idea of Council wishes with regard to spending. Council Member Stigney indicated the reason he had brought it up is he would like the City Administrator to let Staff know that Council does not want to see any of these expenses until the City knows how the budget crisis will be resolved. Finance Director Hansen explained that there is a substantial lead time from the time that the department makes the decision to buy something to when that claim shows up on the claim list at least a month or two. He then said that a motion from Council would give Staff clear directive as comments from one or two members does not. Mayor Linke indicated it would be more prudent to say not to spend anything that is not absolutely necessary for the function of the City as directing Staff by motion not to spend money could stop the operations of the City. Mayor Linke directed Staff to review the spending, watch what they are spending and buying, and make sure all spending is approved by the City Administrator and Finance Director so that Council knows that money is being spent wisely. Council Member Stigney indicated that no money should be spent on nonessential items. Interim City Administrator Ericson indicated that he would communicate to Staff that no nonessential expenditures are to be made. Mayor Linke asked Staff to hold off on any items that are in the works that can be stopped. Mounds View City Council March 10, 2003 Regular Meeting Page 9 Council Member Stigney indicated that he was aware that claims show up on the list months later but wanted to try to slow the spending and decrease the list in light of the budget crisis. Council Member Stigney indicated he did not feel it was appropriate for the City to spend money on five tickets to the Twin Cities North Chamber Gala and asked how this was approved without Council action. Interim City Administrator Ericson indicated that this type of expenditure is not something that would come before Council. He also indicated that while past practice does not guarantee it should be done today this is something that the City has paid for in past years. Council Member Stigney indicated he questions whether it is an appropriate expenditure of taxpayer funds. Council Member Quick asked whether the money was in the budget. Interim City Administrator Ericson indicated that Staff budgets for the Chamber events. Council Member Quick explained that the issue with Brooklyn Center is that money was spent with no vote of Council and without it being included in the budget. He then said that he feels the Chamber puts much more back into the City than the City contributes and he feels it is necessary for communication between the City and local businesses. Council Member Stigney commented that just because the amount is in the budget does not mean it has to be spent. He then said he is concerned about the appropriateness of the City spending money on 5 gala reservations. He then asked that the City Administrator check with the state auditor to determine whether this is an appropriate expenditure. Council Member Quick clarified that the issue with Brooklyn Center was that they were spending funds that were not budgeted and not approved by Council. He then said that, if Council were this worried about the budget, it would have been more appropriate to have a meeting two weeks ago rather than waiting until March 17, 2003 to give Staff direction on spending. He further commented that if Staff is given appropriate and clear direction they would follow it. Mayor Linke indicated that the gala was a budget item and an appropriate expenditure. Council Member Stigney said he disagreed with the Mayor and Council Member Quick. Council Member Marty indicated he would not have an issue with checking with the State Auditor for clarification so it does not appear that anything is being swept under the carpet. Council Member Gunn asked for clarification on Check Number110378 to the City of Spring Lake Park for equipment usage. Mounds View City Council March 10, 2003 Regular Meeting Page 10 Finance Director Hansen explained that Lakeside Park is the park that is on border with Spring Lake Park and the two cities jointly operate it with each City taking on certain responsibilities for maintenance. The City of Spring Lake Park assumes the physical maintenance and makes use of city equipment to maintain the park, keeps track of hours and bills the City for usage of that equipment at commercial rental rates. Council Member Gunn asked if the County Road H2 project was nearly completed. Public Works Director Lee indicated that the final wear course, boulevard restoration and pathway on the north side still needed to be completed. Mayor Linke asked Mr. Ericson to contact the State Auditor for clarification on the gala expenditure. MOTION/SECOND: Marty/Gunn. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Resolution 5961 Approving a Supplemental Letter Agreement with SEH for work associated with the Water Tower Rehabilitation Project B. Set a Public Hearing for 7:05 PM, Monday, March 24, 2003, to Consider an Appeal of the Planning Commission's Denial of a Variance Request Made by the Property Owners of 2075 Hillview Road, Planning Case VR03-001 C. Set a Public Hearing for 7:10 PM, Monday, March 24, 2003, to Consider the Introduction and First Reading of Ordinance 710, an Ordinance Amending Chapter 1111 of the Mounds View Zoning Code Pertaining to Permitted Uses in the R-O Zoning District, Planning Case TX03-001 D. Set a Public Hearing for 7:15 PM, Monday, March 24, 2003, to Consider a "No Parking" Request on the East Side of Greenfield Avenue 350 Feet South from County Road I Council Member Marty requested that Item A be removed for discussion. MOTION/SECOND: Stigney/Gunn. To Approve Consent Agenda Items B, C, and D as Presented. Ayes - 5 Nays - 0 Motion carried. Council Member Marty expressed concern that the engineering estimate was much lower than the actual costs for the project. He then said that he would like Staff to ensure that engineering estimates are carefully reviewed in the past so that the amounts are closer to the actual amount. Mounds View City Council March 10, 2003 Regular Meeting Page 11 n Mayor Linke asked why there was a need for another agreement. Public Works Director Lee indicated that this project was started before he came to the City and he has found that there was no letter agreement for anything other than the original drawings. Mayor Linke asked if Staff recommended that the engineers be responsible for the inspection of the water tower. He then said that he is used to seeing all of these services wrapped into the original proposal and not in two pieces. He further commented that he is not pleased with SEH at this time as they are not following through with their responsibilities and it is costing the City money. Public Works Director Lee indicated he understood the concern and said he is working with SEH to bring things to where they should be. Mayor Linke suggested that the City may need to discuss some free work to pay for the screw ups in the past as the City is losing money because of SEH's failure to do what they are paid to do. Council Member Marty agreed and said that he is not happy with some of the things that are coming back from SEH for more money. Council Member Stigney asked if it would be beneficial to postpone approval to allow Staff to discuss the matter with SEH. Public Works Director Lee indicated there was time to postpone as the work would not begin until September. MOTION/SECOND: Stigney/Marty. To Postpone Action on Resolution 5961 Until a Response is Received from SEH. Ayes - 5 Nays - 0 Motion carried. 9. COUNCIL BUSINESS A. Resolution 5967 Approving Transfers Between Funds for the Year 2002. Finance Director Hansen addressed Council and explained the necessary fund transfers. Mayor Linke clarified that the City budgeted for $300,000 worth of transfers that will not need to be made. Finance Director Hansen indicated that was correct. Mayor Linke asked for clarification on the transfers involving the vehicle equipment funds. Mounds View City Council March 10, 2003 Regular Meeting Page 12 Finance Director Hansen explained that one fund acts as a savings account and the money is transferred to that savings account and then back the other way to pay for vehicle purchases. Council Member Quick asked for clarification on the purchase of one squad car. Finance Director Hansen indicated the City had budgeted for three vehicles, two marked and one unmarked squad and only one marked squad was purchased. Council Member Quick asked why only one marked squad was purchased. Finance Director Hansen indicated the decision was made well over a year ago but as he recalls the acting Chief at the time determined that, in the interest of saving the City money, the Police Department could make it a little longer with the one marked squad that was scheduled to be replaced. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5967, a Resolution Approving Transfers Between Funds for the Year 2002. Ayes - 5 Nays - 0 Motion carried. B. Resolution 5968 Approving Interfund Loans for the Year 2002 and Setting an Interest Rate on Loans for the Year 2003 Finance Director Hansen explained the interfund loans that needed to be made noting that these are loans with the assumption that the moneys will be paid back to the lending fund with interest. Finance Director Hansen indicated the Resolution lists the amounts of the loans Staff is asking Council to approve for December 31, 2002. He then listed the amounts. Finance Director Hansen indicated that the total amount of loans to the golf course is $1,017,887.00 as a result of an operating loss in 2002 due to difficult weather and the strike. Council Member Quick asked if some of that loan happened because money was transferred without Council approval to operate the golf course. Finance Director Hansen explained that there are bond covenants requiring the City to maintain a cash balance of $309,000. He then said that there was a year or two where the City lost site of that requirement and allowed the cash value to drop below the amount called for and, when Staff became aware of that, a loan was required to bring the account back into compliance. Council Member Stigney clarified that the total loans are $1,017,887.00. Finance Director Hansen indicated that language was added to the Resolution that additional loans may be made as needed to cover operating deficits in 2003 to meet the state law requirement that Council approve, in advance, any loans made to the TIF district. Mounds View City Council March 10, 2003 Regular Meeting Page 13 • Finance Director Hansen indicated that Staff recommends all loans pay interest at a rate of 4% for 2003 in light of the general trend downward in interest rates Staff felt it appropriate to lower the rate charged between the City's own funds. Council Member Gunn asked if there was something the City could do to get SEH to timely apply for MSA reimbursement. Council Member Marty read a paragraph from the staff report indicating that the MSA fund suffers from the City Engineers failure to timely complete requests for reimbursement from the state. He then said he finds it totally unacceptable that the City's engineering firm has caused the City to lose money and, with the state's budget crisis, there is the potential that those funds could be unallocated and lost to the City entirely. Council Member Stigney asked if there was a way to contact SEH to get them moving forward on seeking reimbursement. Interim City Administrator Ericson indicated that Mr. Lee is working on the matter with SEH. Finance Director Hansen indicated that he and Mr. Lee have discussed the matter numerous times over the last year and cautioned that it is only a remote chance that the money could be unallocated but it is a possibility which is why he is concerned that the reimbursements happen as soon as possible. Council Member Quick indicated the City has not had issues with SEH in the past and asked Staff to contact them concerning the MSA issue and ask for an explanation and proposed plan to take care of the problem. Council Member Marty asked whether the loans from the community fund to the TIF districts can be repaid without becoming entangled in TIF regulations. Finance Director Hansen indicated it should be possible to be paid back without entangling the community fund in TIF regulations but noted that the community fund is already entangled and that is why that fund was selected as the originator of the loan. David Jahnke of 8428 Eastwood Road expressed concern that the manager of the golf course had the right to deplete this fund without approval and somehow put the golf course in debt over a million dollars. Mayor Linke indicated the ultimate responsibility was the administrations because someone was not watching the store. He then said that, in his mind, the ultimate responsibility lies with the administrator as that person approves all expenditures and Council sees those and signs off on • them. Mounds View City Council March 10, 2003 Regular Meeting Page 14 Council Member Quick explained that when these issues were first discovered by the former Administrator it took her awhile to ferret them out and Council dealt with them including terminating the contract with Innovative Images and two employees. Mr. Jahnke thanked Council for handling the situation once it became known. He then commented that the City needs to be very careful when hiring a new administrator. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 5968, a Resolution Approving Interfund Loans for the Year 2002 and Setting an Interest Rate on Loans for the Year 2003. Ayes - 5 Nays - 0 Motion carried. C. Request Authorization to Hire a Planning Associate in the Community Development Department This item was removed from the agenda. D. Resolution 5969 Authorizing the Write-off of Delinquent Accounts Receivable. Council Member Gunn asked if there was a way to verify checks received at the golf course to eliminate the insufficient funds problem. Finance Director Hansen indicated that one of the checks was in the amount of $725.00 and that concerns him but the others are small enough that it would not be cost effective to attempt to collect them. He then said that the City should not have any large checks as the course is moving away from large ticket items being sold. Mayor Linke asked whether the person who wrote the check could be prosecuted for misdemeanor or felony theft since the amount is $750.00. City Attorney Riggs indicated the City could attempt to prosecute the large check. Mayor Linke indicated he would like to conduct an investigation into the issuance of that check to determine if the City could prosecute it. Finance Director Hansen indicated he was not with the City in July of 2001 but as he understand a police report was filed but the original person who wrote the check could not be found. Council Member Stigney asked what the City's procedure is for verifying checks out at the golf course. • Mounds View City Council March 10, 2003 Regular Meeting Page 15 Golf Course Manager Burg indicated that the course is implementing checking drivers license and noted that, if Council approves the point of sale cash register program it would allow for swiping of driver's licenses in an effort to verify. Mayor Linke indicated that he has been at other courses that require a thumbprint for a check over a certain dollar amount. Golf Course Manager Burg indicated it would be simple to implement a thumb printing policy for check writing at the golf course and said that would be discussed along with other verification information. Council Member Stigney asked whether the insufficient funds checks were put through the maximum number of times. Finance Director Hansen indicated that all of the checks were but through at least twice. Council Member Stigney asked why the City could not be reimbursed for the false fire alarms and police alarms. Finance Director Hansen indicated that state law allows the City to certify false fire alarms to the property taxes as leverage for collecting but that is not true of false police alarms. He then explained that, in the case of Calvin Academy, the business owner is not the property owner so the City would be certifying the amount created by the business to the property owner. Mayor Linke suggested getting in touch with the owner of the property to let them know what is going on and tell them that the next step may be certifying to the property taxes. He then recommended contacting Dan Anderson of Kraus Anderson Realty Council Member Stigney suggested that all of these items could be taking to conciliation court at one time and that may be something to consider. He then asked about the contested legal fees and whether there was any chance of collecting them. Finance Director Hansen explained that in the past the City did not require an agreement from the developer to pay the legal fees associated with a development and these legal fees occurred under that old policy so the City does not have leverage to collect the fees. He further commented that the City does now require that any legal fees incurred as a result of the development request be paid by the developer. He then reviewed the outstanding legal fees and explained the situations. City Attorney Riggs further clarified that the City has taken steps to correct the situation so that this does not happen in the future. He then said that the City may have options with the Red Oak Estates matter when it develops in the future to require that the outstanding legal fees be paid. Council Member Marty recommended the City take no further action with Red Oak Estates until the City is reimbursed. He then said he would like to have Staff contact Calvin Academy and tell him to pay the outstanding amounts or the City will not respond to calls. Mounds View City Council March 10, 2003 Regular Meeting Page 16 • Interim City Administrator Ericson cautioned that it would be a bad idea not to respond to calls for liability reasons. Council Member Marty asked for an explanation as to how Dan Coughlin received and deposited a duplicate paycheck and ended up on the list for a debt of the City to be written off. Finance Director Hansen explained that Mr. Coughlin had a habit of not depositing his checks right away but would accumulate them and then deposit them. In this case he lost a paycheck and the City reissued it and issued a stop payment order but that stop payment order is only good for 30 days and, some time later, Mr. Coughlin must have found the check and deposited it not realizing it was the one he had lost and had a duplicate issued for. Finance Director Hansen explained that Mr. Coughlin was contacted for payment and, for whatever reason, there was confusion as to the amount owed so Mr. Coughlin paid the wrong amount and there is a small amount still outstanding. Mr. Coughlin has been contacted numerous times and he has not paid the balance. Staff has spent more time and postage trying to collect this amount than the amount at stake. Council Member Quick asked if the names could be posted in Mounds View matters. City Attorney Riggs indicated the Resolution would be public information and could be published. Council Member Stigney suggested the City Administrator personally contact Mr. Coughlin to ask him for payment of the outstanding amount before his name is published. He also asked that the City add information to the website listing deadbeats within the City. MOTION/SECOND: Stigney/Quick: To Create a Website that Lists the Names of Those with Debts Outstanding to the City, Contact Mr. Coughlin to ask if he Wishes to Pay before his Name Appears in Print, and to Have the Names listed in Mounds View Matters and both Newspapers. Ayes - 5 Nays - 0 Motion carried. Council Member Gunn asked whether it was possible to prosecute for the outstanding rent. Interim City Administrator Ericson indicated it was possible to prosecute for the outstanding rent amounts but explained that the City is not sure where this person has relocated to and it is difficult to pursue without knowing where they are. He then said he has been in contact with Northwest Youth and Family Services in an attempt to contact the former tenant. MOTION/SECOND: Stigney/Marty. To Postpone approval of Resolution 5969 to Allow Staff Time to Attempt Further Collection Efforts. Mounds View City Council March 10, 2003 Regular Meeting Page 17 Council Member Quick asked whether Staff felt it would be possible to collect any of the outstanding amounts or if this would be a waste of time and money. Finance Director Hansen indicated he had no issue with postponing and carrying out the directive to make further efforts on Calvin Academy and create a website to list the outstanding debts that will be published in the newspaper. He then said that Staff has expended the amount of effort that is prudent based on the outstanding amount. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Marty/Quick. To Direct Staff to Take No Further Action on Red Oak Estates Until the Outstanding Amounts are Paid in Full. Council Member Quick asked for an explanation of Red Oak Estates. Interim City Administrator Ericson explained that Red Oak Estates is located at the southwest corner of County Road H2 and Long Lake Road that was proposed for 72 townhome units and 6 were constructed. He further explained that the developer and the City have been involved in ongoing litigation but the litigation has stalled. Council Member Stigney asked for a legal opinion as to whether the motion would harm the City with the legal case. City Attorney Riggs indicated the motion could impact the litigation and recommended not adopting it. He further explained that nothing would happen with Red Oak Estates until the litigation is resolved and then only after City approval. Interim City Administrator Ericson indicated that Longview Estates is the same developer and there is an outstanding legal balance on that development as well. He then asked whether Council wished to restrict activity on that property as there is no litigation and there could be a proposal before Council at any time. City Attorney Riggs indicated the City has the ability during the subdivision process to require payment for the City's expenses incurred and, if another application is submitted, that matter would be negotiated with the developer. Council Member Stigney indicated that, based on the comments of the City Attorney, it may be more prudent to do nothing with it rather than open the door for a litigation problem. Ayes - 2 (Marty/Linke) Nays - 3 Motion failed. E. Resolution 5970 Approving Leases for Three Copy Machines from Savin Finance Director Hansen explained that with the ever changing copier technology the City can get new copy machines at a lower cost than the ones that are currently being leased. He then Mounds View City Council March 10, 2003 Regular Meeting Page 18 indicated Staff has looked into the copier needs of the City and recommends purchasing the machine in the garage for $745.00 as it is not used very heavily and would only cost the City minimal maintenance. He further recommended that the City lease three machines to replace the three in City Hall noting that the new copiers can be hooked up to the computer system to be used as printers to take some of the load of the LaserJet printers. Finance Director Hansen indicated that changing the City's copiers based on Staff's recommendation would save the City approximately $9,000 per year as well as save wear and tear on the City's printers. Mayor Linke asked whether the finance copier could be eliminated and have that department utilize the administration copier. Finance Director Hansen explained that there are many times when the administrative departments machine is busy and he feels it would be a waste of staff time to have them standing in line at the copier. He also clarified that the increased projection in use for the copiers assumes moving some printing away from the LaserJet printers to save wear and tear. MOTION/SECOND: Gunn/Marty. To Waive the Reading and Approve Resolution 5970, a Resolution Approving Leases for Three Copy Machines from Savin. ® Council Member Stigney indicated he would like the dollar amount added to the Resolution. Finance Director Hansen inserted the lease amount of $50,942.60 into the Resolution. Ayes - 5 Nays - 0 Motion carried. MOTION/SECOND: Stigney/Marty. To Reconsider Resolution 5970. Ayes - 5 Nays - 0 Motion carried. The Motioner and Seconder accepted Council Member Stigney's friendly amendment to add the dollar amount to the Resolution. Ayes - 5 Nays - 0 Motion carried. F. Resolution 5963 Approving the Legal Services RFP and Authorizing its Distribution Interim City Administrator Ericson indicated he had made the requested changes to the RFP with the exception of the request of Council Member Many as there was not clear direction on the requested change. r~ U Mounds View City Council March 10, 2003 Regular Meeting Page 19 Interim City Administrator Ericson indicated the City Attorney had recommended a change under Section 5(b)(9) as the City cannot request or expect to receive the contents of the most recent audit or financial report. City Attorney Riggs indicated that would result in an ethical violation for an attorney to do that. Interim City Administrator Ericson suggested adding a retainer fee under Section K1 for the prosecuting attorney. Council Member Gunn indicated her notes reflect that Council Member Marty wanted all of the Farmington information added. Council Member Marty indicated he wanted to add the costs per mile, and identify minimum increments of time billed for each service. He then asked that Farmington's 5 and 6 be added as Mounds View's 4 and 5 under K. Council Member Stigney asked for the City Attorney's opinion on the document. City Attorney Riggs indicated he had discussed the document with Mr. Ericson and had brought up the only issues he had with it. He then said that it was comprehensive and the language was fairly standard. MOTION/SECOND: Marry/Gurin. To Waive the Reading and Approve Resolution 5963, a Resolution Approving the Legal Services RFP and Authorizing Distribution. Ayes - 5 Nays - 0 Motion carried. Council recessed at 9:25 p.m. Council reconvened at 9:30 p.m. G. Resolution 5962 Approving the Purchase of a Point of Sale System for the Bridges Golf Course. Golf Course Manager Burg briefly explained how the point of sale system would improve record keeping at the golf course noting that the system would automatically transmit information to City HaII to eliminate the need for staff to drive over with a piece of paper. Council Member Stigney asked whether the transfer of data would be secure. Golf Course Manager Burg indicated she did not think it would be any more or less secure than email. Interim City Administrator Ericson indicated the City has a very secure system and benefits from the City of Roseville having numerous checks and security systems that prohibit hacking and the City has been fortunate not to have any issues with that. He then commented that approval of Mounds View City Council March 10, 2003 Regular Meeting Page 20 i this system would eliminate the need for a separate Internet connection at the golf course which costs the City 50.00 per month. Mayor Linke asked if a daily report could be done until there is a system in place. Golf Course Manager Burg further explained the system and its report generating options. Council Member Stigney asked whether Staff looked into the price of high speed cable or wireless remote. Golf Course Manager Burg indicated she had asked for that information but had not yet received it. Interim City Administrator Ericson indicated the cost would be slightly less than $2,000 as equipment has gone down in price from the time the City first looked at it. He then said that the City is not sure that Comcast would be able to connect the golf course. Council Member Stigney asked whether the system would give a breakdown of costs charged for the round or just the number of rounds. Golf Course Manager Burg indicated the system would provide any information asked for. She then explained she had checked with other courses that are using the system the way the City intends to and this is the system they were using. Council Member Quick asked if the system would provide the total amount sold if the entire course were rented out. Golf Course Manager Burg indicated it would show the transactions for that time period but would provide the information if it is entered into the system the number of people times the cost of the rounds. Council Member Quick asked if there is a policy for renting the entire course. Golf Course Manager Burg indicated she had located an old contract for group rental but there is no policy. Council Member Stigney asked if the system would save Staff time or only provide better information. Golf Course Manager Burg indicated it would save her the time to drive the reporting information to City Hall. She then explained that it would also save time entering the information as well as eliminate possible entry errors. She also commented that it would provide information to track the course better to allow for more efficient staffing which has the potential to save the City money. Mounds View City Council March 10, 2003 Regular Meeting Page 21 • Council Member Quick commented that, with this system, the receipts would not disappear. He then asked for an update on the investigation. Interim City Administrator Ericson indicated he is still waiting for information from MMKR on what is missing. Finance Director Hansen indicated he feels the real value is that it will provide better information on managing the relationship between the course and its patrons as well as control inventory which will result in a better run golf course. He then said the finance department would realize benefits as Staff would have faster information as well as a little time-saving on inputting data. MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 5962, a Resolution Approving the Purchase of a Point of Sale System for the Bridges Golf Course. Council Member Marty asked whether the City really needed this system. Mayor Linke commented that this system would provide a true indication of what is going on at the golf course and help the Golf Course Manager do a better job of managing the course. Council Member Stigney asked for clarification of whether this would make the course run more • efficiently or merely be a different form of reporting. Golf Course Manager Burg said she believes the system would make things run more efficiently and even move people through the clubhouse faster. Ayes - 5 Nays - 0 Motion carried. Council Member Quick asked whether there was a set rate to rent the entire course. Golf Course Manager Burg indicated she was not sure of a time when the entire course has been rented out. Council Member Quick asked about Festival in the Park. Golf Course Manager Burg indicated that Festival in the Park paid by the tee time. Council Member Quick asked whether the New Brighton course was ever completely rented out. Golf Course Manager Burg indicated that New Brighton always rented by the tee time. Council Member Quick asked how Staff would handle a request to rent the course for anything • other than by the tee time. Mounds View City Council March 10, 2003 Regular Meeting Page 22 Golf Course Manager Burg indicated she had no experience with that type of request on a 9 hole course but said if it did happen she would need to come to Council for consideration and approval as that would be changing the fee structure. Council Member Quick asked whether the New Brighton course provided for discounted rounds. Golf Course Manager Burg indicated there were very few times when an organization had asked for a reduced fee to assist them with fundraising efforts. MOTION/SECOND: Quick/Gunn. To Direct Staff to Prepare a Group Reservation Policy for the Golf Course for Council Consideration. Ayes - 5 Nays - 0 Motion carried. H. Resolution 5965 Approving the Contract for a Website with TwinCitiesgolf.com Golf Course Manager Burg explained the request for the use of TwinCitiesgolf.com noting that with tight advertising dollars this would be a method of getting the course out there and attracting golfers. • Mayor Linke asked if golfers would still need to call for a tee time or if online reservations were available. Golf Course Manager Burg indicated she had spoken to someone from the telephone company and is working on the City's reservation line. She then said that this system does not allow for online reservations and the system that does costs 3,500 per year and she does not feel it would be cost effective to pay that fee as she does not feel the online reservations would justify the expenditure. Council Member Gunn asked if the golf course is advertised anywhere else. Golf Course Manager Burg indicated the course is in Golf Minnesota magazine for the whole season and the only other place is in the phone book. MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 5965, a Resolution Approving the Contract for a Website with TwinCitiesgol£com. City Attorney Riggs indicated he had emailed Mr. Ericson concerning language in the indemnification clause. Golf Course Manager Burg indicated she spoke with a representative of the company and had gotten agreement to make the adjustments. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council March 10, 2003 Regular Meeting Page 23 • 10. REPORTS Council Member Quick indicated it was his understanding that Article 21 of the sick leave policy allowing for borrowing of sick leave has been implemented as was discussed at the closed session and he wonders if Council needs to act on this matter. City Attorney Riggs indicated that whether or not to establish a policy is the right of Council. Council Member Quick asked whether the City has to implement it. City Attorney Riggs indicated it is language that exists in an agreement but, based on his reading of it, something that is subject to Council discretion. Council Member Quick indicated he felt the matter should be discussed so that Council can provide clear direction to Staff. He then said that there is no policy on how to deal with this and he is quite concerned about the fact that the action may have put the City in jeopardy some way. Council Member Quick commented. that there is no approval and no conditions but it has been implemented so he would say that Council needs to act on this issue tonight one way or the other. • Mayor Linke began to comment but was interrupted by Council Member Quick who stated that there is a contract and a provision in the contract that has been implemented without Council direction. He then said he understands there was a misunderstanding of the conversation so Council needs to take action on it. He further commented that it has nothing to do with borrowing sick leave and that is not the discussion. Council Member Quick asked whether Council wished to implement this section of the contract and, if so, what are the controls. Mayor Linke said he understood Council Member Quick's comments but using the language in the LELS should the City set up a policy borrowing against future sick time or go back to Resolution 5943 which would allow coworkers to donate already banked sick leave. Council Member Quick indicated the policy is contained in the contract and the borrowing of the 30 days is in the contract. He then said the City cannot go around the contract but can set up a policy that has to deal with the 30 days of borrowing. Mayor Linke commented that both LELS and AFSCME will follow the City's personnel policy if the item is not in the contract. He then said he would not want to have an employee borrow against future sick leave but would rather have other employees give time that is already on the books. He further commented that, given the choice, he would rather use Resolution 5943. • Council Member Stigney indicated that Resolution 5943 was put off to the work session and asked if this discussion could be moved to the work session as well. Mounds View City Council March 10, 2003 Regular Meeting Page 24 • Council agreed to finish the conversation at the work session. Council Member Marty indicated he had attended the Chamber of Commerce Gala and it was an excellent opportunity to socialize with local businesses as well as officials from neighboring cities. Council Member Stigney indicated he had attended the meeting concerning the skate park and it was very informational. Council Member Gunn had no report. Council Member Quick asked City Attorney Riggs how, in the best interest of the City, the City should deal with the current situation on the contract. City Attorney Riggs indicated he had discussed the matter with Mr. Ericson and noted there is a policy decision to be made by Council but there is a situation where the City has not adopted a policy but it appears something has been paid based on it and Council should deal with and recognize that it has happened. • MOTION/SECOND: Quick/Gunn. To Suspend the Borrowing of Sick Leave Until Council Has Discussed and Established a Policy and to Authorize What Has Already Occurred. Ayes - 5 Nays - 0 Motion carried. Interim City Administrator Ericson indicated he met with the YMCA Advisory Committee on March 3, 2003 and there will be another meeting on April 14, 2003. Interim City Administrator Ericson indicated he would be meeting with Commissioner Bennett to discuss local and regional issues. Mayor Linke indicated there were two county commissioners. Interim City Administrator Ericson indicated it was not possible to get the two together. Mayor Linke asked that Staff mention the community center. Interim City Administrator Ericson indicated that there would be a town hall meeting on March 15, 2003 from 10:00 a.m. to 12:00 p.m. Interim City Administrator Ericson gave a brief demonstration on keyless entry systems and provided pricing information indicating it would cost the City approximately $1,800 to retrofit • the doors and another $2,000 in other costs to implement the system. He also indicated he would check with the Police Department to see whether they would be interested in the system. Mounds View City Council March 10, 2003 Regular Meeting Page 25 Interim City Administrator Ericson indicated the Planning Commission is working on the pawnshop ordinance. Interim City Administrator Ericson indicated there is a house at 7741 Long Lake Road that is being constructed in the setback and the City has posted a stop work order and contacted the developer and property owner. He then said there was an error on the City's part when the building permit was approved and Staff will be working with the developer and property owner to either apply for a variance or cut 10 feet off the garage. Interim City Administrator Ericson indicated that the City had received an offer of settlement from MetroCom Wireless outside of the bankruptcy proceedings and the City's Attorney has recommended accepting the amount. MOTION/SECOND: Quick/Marty. To Accept the $3,500 Settlement Offer from MetroCom Wireless. Ayes - 5 Nays - 0 Motion carried. Interim City Administrator Ericson indicated the compensation study needs further refinement as three positions did not show up in the study and Staff would like to see some other items • addressed. Mayor Linke indicated this item should be discussed during the budget work session. Council Member Stigney indicated he did not like the policy and would like to know what other cities use the Stanton 6 for maximum salary. He then said he would like to know why Staff has gone back to using the Stanton mean of all group six cities when it was reported to Council that there was a subset of 10 cities that Staff was basing salary on. He also asked for the per capita cost and what the other cities tax capacity is as he does not like being compared to cities up to 25,000 when what they have for income has nothing to do with the City of Mounds View. Interim City Administrator Ericson clarified that Council would like Staff to contact all other Stanton 6 cities to determine who has this policy. Council Member Stigney indicated he wanted to know who uses the Stanton mean for their hiring. Interim City Administrator Ericson indicated he would be happy to look into it but said he is not sure why the City did not go with the subset but that can be discussed along with the other personnel policy issues. He then commented that he would not have time to research the tax capacity issue and suggested using an outside entity for that research. • Council Member Stigney asked where the report from Labor Relations was that cost the City $3,900. Mounds View City Council March 10, 2003 Regular Meeting Page 26 Interim City Administrator Ericson indicated the supporting documentation was not provided as it is right out of Stanton 2002 which Council has. 11. APPROVAL OF MINUTES A. Minutes for February 24, 2003 to be approved on March 24, 2003 12. Next Council Work Session: Monday, Apri17, 2003 Next Council Meeting: Monday, March 17, 2003 (Special Work Session) 13. ADJOURNMENT Mayor Linke adjourned the meeting at 10:33 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. • •