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HomeMy WebLinkAboutMinutes - 2003/11/10 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 •4 45 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~ ;~, ~' °"~ `'"~ Regular Meeting ~, . ~ ± November 10, 2003 ~~ :.,~- ~•J ~ ~~~~ ~~ Mounds View City Hall 1 Z' 3 -~~ G ~ 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 (7:03 p.m.), Stigney, and Gunn 4. APPROVAL OF AGENDA A. Monday, November 10, 2003 City Council Agenda. City Administrator Ulrich requested that Item 8c be removed from the agenda. MOTION/SECOND: Stigney/Gunn. To Approve the Monday, November 10, 2003 Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT David Jahnke of 8428 Eastwood Road asked for an update on the golf course billboards. Community Development Director Ericson indicated that Clear Channel representatives are working on setting up a meeting with legislators to get the process moving. Mr. Jahnke asked whether Clear Channel is still paying the expenses on this. Mayor Linke indicated that they are. Mr. Jahnke asked when the report on how the golf course did this year would be available. Council Member Marty arrived at 7:03 p.m. Finance Director Hansen indicated a report on the audit would be available in June. Mounds View City Council November 10, 2003 Regular Meeting Page 2 1 6. SPECIAL ORDER OF BUSINESS 2 3 A. Resolution 6130, a Resolution Canvassing the 2003 Election 4 5 Mayor Linke read the voting figures from Resolution 6130. 6 7 MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6130, a 8 Resolution Canvassing the 2003 Election. 9 1 o Ayes - 5 Nays - 0 Motion carried. 11 12 Council Member Stigney asked for the school district numbers. 13 14 Mayor Linke indicated that he did not have the school figures. He then indicated that there were 15 2,546 voters out of the 6,$32 registered voters. 16 17 7. JUST AND CORRECT CLAIMS 18 19 A. Just and Correct Claims 20 21 Council Member Stigney asked for clarification of the expense reimbursement to Ms. Crane for ~2 the Charter Commission. 23 24 Finance Director Hansen indicated that Ms. Crane had purchased two publications on behalf of 25 the City and the Charter Commission and the amount is being reimbursed to her. 26 27 City Administrator Ulrich indicated that the expense was for two publications ordered at the 28 request of the Charter Commission and there is an extra copy for City Hall. 29 3o Council Member Stigney commented that the League of Minnesota Cities used to provide those 31 publications without cost. 32 33 City Administrator Ulrich indicated that a bound publication was purchased and bound 34 publications were never provided free of charge. 35 36 Council Member Stigney asked for clarification of the expense reimbursement to Ms. Osmonson. 37 38 Finance Director Hansen indicated the expense was for a fire extinguisher of the City's that was 39 serviced through a vendor retained through the fire department and Ms. Osmonson paid out of 4o her own pocket for that service and is being reimbursed for the cost. 41 42 Council Member Marty asked for clarification on the expense for Ameripride for mats for the ~3 gym floor. 4 Mounds View City Council November 10, 2003 Regular Meeting Page 3 • 1 Finance Director Hansen indicated that the expense was for a rental of mats to cover the gym 2 floor during the election to avoid damage. 3 4 City Administrator Ulrich pointed out that the charge for the mats would be shared with the 5 school district. 6 7 Council Member Gunn asked for clarification on Check Number 112077. 8 9 Public Works Foreman Pittman indicated that it was for a Scout project where they laid timbers. 10 11 Council Member Gunn asked whether the cost for the playground gate latch and parts for the 12 slide would be paid for out of the Park and Recreation fund. 13 14 Finance Director Hansen indicated that this item is for maintenance for the playground 15 equipment at the Community Center and is charged as a building maintenance expense of the 16 Community Center. 17 18 Council Member Gunn asked whether repair to the slide in the park would come out of Park and 19 Recreation funds. 20 21 Finance Director Hansen indicated that the expense would come out of the parks maintenance ~2 fund. He then explained that the park dedication fund is for capital items not for maintenance 23 charges. 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ~3 4 45 Council Member Stigney asked for clarification on the one cell phone charge that appeared higher than the others. Finance Director Hansen indicated that the charge is for all the cell phones for that department not one cell phone. Council Member Stigney asked Staff to look into the number of phones out at the golf course and the minutes being used. Council Member Gunn indicated that the cell phone charges for the golf course have been pretty consistent. MOTION/SECOND: Marty/Stigney. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Consideration of Resolution 6131, a Resolution Revising the Policy for Deferral of Special Assessments by Senior Citizens or Disabled Persons • 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 2 ~1 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ~3 4 Mounds View City Council November 10, 2003 Regular Meeting Page 4 C. Resolution 6132, a Resolution Hiring Steven Vacek as the Public Works Mechanic D. Resolution 6133, a Resolution Approving a Sewer Connection and Maintenance Agreement with Metropolitan Council Environmental Services E. Establish an Executive Session Immediately Following the Meeting to Review Contract Negotiations MOTION/SECOND: Marty/Gunn. To Approve the Consent Agenda as Presented. Ayes - 5 Nays - 0 Motion carried. 9. COUNCIL BUSINESS A. Mounds View Banquet Center Interim Agreement City Administrator Ulrich indicated that the settlement agreement with the caterer has the vendor leaving on November 11, 2003 and an RFP was done for Mounds View businesses that had liquor and catering licenses to submit proposals to take over the service starting on November 12, 2003. He then indicated that three businesses qualify, The Mermaid, Roberts and Jakes and proposals were received from Roberts and The Mermaid. City Administrator Ulrich requested that Council discuss the proposals and accept one of them. He then said that the agreement had been amended to include language that the City is not obligated to reimburse the manager for events booked beyond the 60 day period once the manager has been terminated and the manager agrees not to schedule any events at the banquet center after having been terminated. Economic Development Coordinator Backman briefly reviewed the proposals with Council. Economic Development Coordinator Backman indicated that Staff had reviewed the proposals using seven criteria. He then said that both businesses have said they are willing to have an on site individual at the banquet center thought it was not a requirement under the RFP. He also indicated that the Waste family has a number of people with a lot of good experience with marketing and sales and The Mermaid has six people with good experience with marketing, sales and catering. Economic Development Coordinator Backman indicated that the edge goes to The Mermaid in sales and marketing plan as information on marketing activities was provided for all 12 months of the year. The Roberts proposal discussed some months but not all 12. Economic Development Coordinator Backman indicated that both businesses prefer to go with the minimum monthly rate of $6,000 per month beginning in January of 2004 but Roberts had an additional amount that is 5% of food sales excluding liquor and that would be approximately an additional $10,000 per year. 45 Mounds View City Council November 10, 2003 Regular Meeting Page 5 1 Economic Development Coordinator Backman indicated that just looking at the compensation 2 rate gives the edge to Roberts for that category. He then said that neither of the proposals 3 addressed a possible element of having events in the gymnasium. In that case, he would look at 4 the marketing sales force and there would be a need to negotiate those rates for events in the 5 gymnasium. 7 Economic Development Coordinator Backman indicated that both businesses would do a fine job 8 and both have agreed to contact existing bookings to reassure and ensure that previous 9 arrangements will be upheld. 10 11 Mayor Linke asked for permission of Council to abstain from the discussion and vote on this 12 matter because he is the President of the Lions Club and the Lions are negotiating with both 13 businesses for gambling locations. 14 15 Council Member Quick asked whether the other Lions members should abstain as well. 16 17 Mayor Linke indicated he is the CEO and is the one that would be signing the agreements and 18 making the final decisions. He then said that the other Lions do not participate in the discussions 19 if they are not on the gambling committee. 20 21 Council Member Stigney indicated that if Mayor Linke felt there was a conflict then he should ~2 not vote. 23 24 Mayor Linke indicated he does not feel he would have a conflict but said he wanted to let know 25 residents know of the situation. 26 27 Council Member Marty indicated that he is on the gambling committee and should abstain also. 28 29 City Administrator Ulrich indicated that he had discussed this matter with the City Attorney and 3o he does not feel there is any conflict of interest but the choice to abstain or not rests with 31 Council. 32 33 Council Member Stigney indicated that the City's Code states that if any Council Member feels 34 there is a conflict of interest they need to seek unanimous approval to abstain but Roberts Rules 35 of Order says you can abstain from anything. He then said that when he asked to abstain at the 36 last meeting he was told he could not but he feels as a citizen he can abstain any time. 37 38 Mayor Linke indicated he wanted to let everyone know that he is the CEO of the Lions Club this 39 year. 40 41 Council Member Quick indicated he had told Council Member Stigney that he needed 42 permission to abstain and did not say he could not and the request never went to a vote. 3 4 Council Member Quick asked how many members of the Lions are on Council. 45 Mounds View City Council November 10, 2003 Regular Meeting Page 6 1 Mayor Linke indicated there were two. 2 3 Mr. Hall indicated that he has signed the contract with the Lions and locked in for two years so 4 there is no more negotiation with him. 5 6 Council Member Gunn indicated see did not see an issue with Mayor Linke participating in the 7 discussion and vote. 8 9 Mr. Waste indicated that there would not have been an issue at all if the checks from the Lions to were received on time. He then said he was to have received a check today from the Lions but 11 that did not happen. 12 13 City Administrator Ulrich indicated the City Attorney has advised the City to keep the issues 14 separate and the item on the agenda is the contract. 15 16 Council Member Stigney indicated he had no objection to the Mayor abstaining as he feels he has 17 that right. 18 19 Council Member Gunn asked whether The Mermaid would have a person at the banquet center 20 answering the phones. 21 ~2 Mr. Hall indicated that the phone and computer systems would be tied together and there will be 23 someone there to answer the phones. 24 25 Council Member Marry commented that there was a difference in pricing between Roberts and 26 The Mermaid and asked whether the higher prices would mean some residents would not be able 27 to afford an event at the banquet center. 28 29 The Mermaid representative indicated that the menus are used very seldom as they usually 3o customize every event based on their budget. She then said that they do a lot of events at the 31 lower end including events for the school. 32 33 Jackie Waste indicated that she feels going higher than $22.00 for dinner prices the banquet 34 center right out of the market because the City of Mounds View is a middle of the road suburb 35 and, to stay booked every Friday and Saturday for weddings higher prices would hinder that. She 36 then said that to make money at the banquet center, 40% of the business would need to be 37 weddings. 38 39 Mayor Linke commented that Roberts would be forming an organization to handle this work if 4o they are approved. 41 42 Mr. Waste indicated that the parties involved have worked together for years and worked 3 together well. 4 45 Mayor Linke indicated that all of the other parties have existing jobs. Mounds View City Council November 10, 2003 Regular Meeting Page 7 ~1 2 Economic Development Coordinator Backman indicated that both parties have reviewed the RFP 3 with the changes and signed the agreement. He then reviewed the changes to the RFP agreement. 5 City Administrator Ulrich pointed out that the item at the bottom of the Staff report should be 6 added as it was not included with the original agreement that was sent out. 8 Council Member Marty asked if both parties are- aware of the paragraph. 10 City Administrator Ulrich read the paragraph clarifying the language on future scheduled dates. 11 12 Mr. Hall indicated he understands and agrees. 13 14 Mr. Waste said he understands but thought one of the concerns was that the manager kept 15 booking and it was important to keep booking. He then said he can agree but most important 16 was to continue booking and not turn business away. He further commented that he has no 17 problem continuing booking and agreeing. 18 19 Council Member Stigney asked if the language should be modified to book through the City. 20 21 Economic Development Coordinator Backman indicated this matter has been discussed at length ~2 with the City Attorney and, for simplicity sake, the City Attorney prefers the language proposed. 23 24 Council Member Stigney asked if all deposits will go to the manager. 25 26 Economic Development Coordinator Backman indicated the discussion with the City Attorney 27 regarding deposits was lengthy but the consensus was that the City is in a landlord relationship 28 and how the deposits is the tenants responsibility. 29 3o Council Member Stigney commented that deposits brought in over the 60-day period could 31 disappear and leave the City with the responsibility of continuing the booking without the 32 deposit. 33 34 Economic Development Coordinator Backman indicated that the caterers want good 35 relationships with their clients and they will find ways of satisfying the needs. He then said that 36 he feels comfortable the matter would be addressed by the caterers. 37 38 Council Member Stigney asked how much rental the City would be getting from Community Ed. 39 4o Economic Development Coordinator Backman indicated that Community Ed was paying $11.00 41 per square foot but the current market dictates from $6.00 to $8.00 per square foot. He then said 42 that additional breakout rooms will mean the City will see a fair number of corporate and non- 3 profits using the center. ~4 Mounds View City Council November 10, 2003 Regular Meeting Page 8 1 Council Member Stigney indicated that the City gets the same money regardless of whether they 2 use breakout rooms and he has an issue with tying in the Community Ed space to the banquet 3 center to allow the manager to get the money. He then asked what the buyout figure is. 4 5 Economic Development Coordinator Backman indicated the amount is $28,500 and after the 6 $10,000 payment the City payout would be $18,500. He then indicated that from the standpoint 7 of having monthly payment the City is assured of covering overhead costs and that is his goal and 8 the $6,000 from either party covers overhead for both areas. He further commented that 9 continuing along the same path the City would certainly have substantial losses on the 1 o Community Ed area. 11 12 Council Member Stigney indicated he would have liked to see the City go for an RFP with or 13 without the Community Ed space to see how much could be garnered using both spaces 14 separately. He then said he has an issue with the buyout being $28,500 when the first offer was 1 s to payoff at $10,000. 16 17 Mayor Linke indicated the original settlement offer was no longer an option. 18 19 Council Member Stigney indicated he has an issue with the $10,000 contribution to do business 20 in the City and several questions with the RFP so he will not support this regardless of which 21 business Council chooses. He then said he does not think the City should wait until June to go ~2 out for an RFP and he would prefer to look at the banquet center and the Community Ed space 23 and get all the options before paying $28,500. 24 25 Council Member Gunn indicated that both proposals looked good but she feels The Mermaid is 26 the one she feels confident can move in and get up to speed right away. 27 28 MOTION/SECOND: Gunn/Marty. To Approve the Banquet Center Interim Agreement With 29 The Mermaid. 30 31 Council Member Gunn indicated she picked The Mermaid mostly because of the staff, the 32 amount of staff that they have and the years of experience that they have. 33 34 Council Member Marty agreed and said that the one thing that caught his eye was the marketing 35 ability of The Mermaid and noted that they have spent $129,000 this year on marketing. He then 36 said that in the proposal The Mermaid has marketing planned for each month. 37 38 Council Member Marty indicated that The Mermaid staff is assembled and ready to go and the 39 Roberts team would come on board to form an organization for this project. He then said that 4o both proposals were very good but the edge went to The Mermaid for him. 41 42 Mr. Waste indicated they would like to have the chance to do the ramp up and this is 14 months 3 worth of work. He then said that, as for staffing, no one carries that many people on the payroll ~4 and would have to hire. 45 •, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 ~1 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Mounds View City Council November 10, 2003 Regular Meeting Page 9 Mayor Linke indicated that they were referring to the sales staff. Mr. Waste indicated that he has been doing a great job at the banquet center with the liquor side of things and the people that would be working with him have 15 to 20 years of catering experience. Mayor Linke agreed but said The Mermaid has six people and Roberts would have two. Mr. Waste indicated he had called in earlier today to request information on insurance and did not receive an answer to his question. City Administrator Ulrich indicated the question was whether The Mermaid had adequate insurance. He then said that the files were checked and there is adequate insurance in place. Mr. Waste asked whether that insurance was liquor liability insurance. City Administrator Ulrich indicated it was. Mayor Linke indicated the RFP from Roberts was at his house when he got home on Friday night. Council Member Stigney indicated his final comment is that he would like to reiterate that he is voting no not because of The Mermaid but he has an issue with the RFP and how it ties the hands of the City and he thinks the City should go out for an RFP to see how and who could maximize revenues at the banquet center. He then commented that 14 months is too long for an interim contract. Council Member Marty thanked both establishments for submitting the information and for the interest in working with the City. Ayes - 3 Nays - 1(Stigney) Motion carried. Mayor Linke abstained from voting. City Administrator Ulrich clarified that the vote included the amendments as discussed. Council indicated that it did. Council Member Stigney indicated that Mayor Linke had not received unanimous consent of Council to abstain from voting. Ayes - 4 Nays - 1(Stigney) Motion carried. r' Mounds View City Council November 10, 2003 Regular Meeting Page 10 1 B. Second Reading and Adoption of Ordinance 711, an Ordinance Authorizing 2 the. Creation of a Pawn Overlay District 3 4 MOTION/SECOND: Quick/Marty. To Waive the Reading, Approve the Second Reading, and 5 Adopt Ordinance 71 1, an Ordinance Authorizing the Creation of a Pawn Overlay District. 6 7 ROLL CALL: Linke/Quick/Marty/Stigney/Gunn 8 9 Ayes - 5 Nays - 0 Motion carried. to 11 C. Second Reading and Adoption of Ordinance 712, an Ordinance Establishing 12 Licensing and Operation Regulations for Pawnshops 13 14 MOTION/SECOND: Gunn/Marty. To Waive the Reading, Approve the Second Reading, and 15 Adopt Ordinance 712, an Ordinance Establishing Licensing and Operation Regulations for 16 Pawnshops. 17 18 ROLL CALL: Linke/Quick/Marty/Stigney/Gunn 19 20 Ayes - 5 Nays - 0 Motion carried. 21 ~2 D. Resolution 6134, a Resolution Authorizing a Step Increase for Linda Meyer 23 24 Council Member Stigney read Resolution 6134. 25 26 MOTION/SECOND: Quick/Marty. To Approve Resolution 6134, a Resolution Authorizing a 27 Step Increase for Linda Meyer. 28 29 Ayes - 5 Nays - 0 Motion carried. 30 31 E. Resolution 6135, a Resolution Authorizing a Step Increase for Ken Gammell 32 33 City Administrator Ulrich read Resolution 6135 noting that the Resolution needed to be amended 34 to reflect the part time status of Mr. Gammell. 35 36 MOTION/SECOND: Marty/Gunn. To Approve Resolution 6135, a Resolution Authorizing a 37 Step Increase for Ken Gammell as Amended. 38 39 Ayes - 5 Nays - 0 Motion carried. 40 Mounds View City Council November 10, 2003 Regular Meeting Page 11 • 1 10. APPROVAL OF MINUTES 2 3 A. City Council Minutes October 27, 2003 4 5 Council Member Marty requested the following changes: On Page 7, Line 17 add that he had 6 brought up the corner lots were assessed for both streets and he feels this was more equitable. 7 On Page 8, Line 19 indicated that Marty said that "six sidewalks would not make it safer". On 8 Page 9, Line 24 correct the spelling of Heider. On Page 13, Line 36 add and confirm that Ken 9 Heider said that County Road H is non-programmed through 2008 and Line 44 correct spelling l0 of Jaschke. Page 14, Line 7 indicate that Marty said that Sunnyside is the smallest Elementary 11 and Edgewood is the smallest Middle school. On Page 14 insert Sommer after Police Chief. 12 13 Council Member Gunn requested the following changes: On Page 8, Line 4 change limits to 14 "limit". Line 43 change crosswalk to "sidewalk". 15 16 MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes for October 27, 17 2003 as Amended. 18 19 Ayes - 5 Nays - 0 Motion carried. 20 ~1 B. City Council Work Session Minutes November 3, 2003 2 23 Council Member Stigney requested the following change: Indicate that he changed his vote 24 because it made no difference in the outcome but had asked for permission to abstain but was 25 told by Council Member Quick he could not do so without permission of Council. 26 27 MOTION/SECOND: Stigney/Marty. To Approve the City Council Work Session Minutes for 28 November 3, 2003 as Amended. 29 3o Ayes - 5 Nays - 0 Motion carried. 31 32 11. REPORTS 33 34 A. Reports of Mayor and Council 35 36 Council Member Stigney indicated that a motion to postpone can be discussed per Roberts Rules 37 of Order. 38 39 Council Member Many indicated that a resident had been before Council on October 27, 2003 40 concerning the noise and he wanted to note that the noise ordinance is on the upcoming work 41 session agenda for discussion. 42 ~3 B. Reports of Staff 44 45 City Administrator Ulrich indicated that City Hall would be closed on Veteran's Day. Mounds View City Council November 10, 2003 Regular Meeting Page 12 • 1 2 Community Development Director Ericson reminded Council of the grand opening of Abbey 3 Carpet on November 15, 2003 as well as another invitation to a meeting on the remodeling plan 4 book on November 20, 2003 at 5:30 p.m. He then indicated that the Planning Commission held 5 a public hearing concerning the Harstad Property known as Long View Estates. He also noted 6 that there would be more discussion and a recommendation would be coming forward for 7 Council discussion and consideration. 8 9 Director Ericson indicated that the Planning Commission had granted a variance to allow for a to redevelopment project on the Amoco site that will be coming to Council soon. 11 12 Council Member Quick asked if a plat map would be available for the subdivision. 13 14 Community Development Director Ericson indicated he had a plat map in his office. 15 16 C. Reports of City Attorney 17 18 None. 19 20 12. Next Council Work Session: Monday, November 17, 2003(special) ~1 Next Council Meeting: Monday, November 24, 2003 2 23 13. ADJOURNMENT 24 25 Mayor Linke recessed the meeting to closed session at 8:28 p.m. 26 27 28 Transcribed and recorded by: 29 30 31 Joan Lenzmeier 32 Timesaver Off Site Secretarial, Inc.