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HomeMy WebLinkAboutMinutes - 2003/12/08• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 8, 2003 ~, ,,.~,,, ~. .~ ~ - Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ~_ ~ ~ .,.,• ~r ... ~ ~ 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty (arrived at 7:56 p.m.), Stigney, and Gunn 4. APPROVAL OF AGENDA A. Monday, December 8, 2003 City Council Agenda. Mayor Linke indicated that Item H would be heard before Item F. • City Administrator Ulrich indicated that 9B would be changed to set a public hearing to consider the ordinance change and 9C would be to set a public hearing to consider the Longview Estates preliminary plat. MOTION/SECOND: Gunn/Quick. To Approve the Monday, December 8, 2003 Agenda as Amended. Ayes - 4 Nays - 0 Motion carried. 5. PUBLIC INPUT Jonathon Thomas, Chair of the Charter Commission read a response that he put together to answer the comments regarding the request from the Charter Commission. He then apologized that he was not able to attend the last meeting and said it was a great disappointment to view the meeting replay and hear Council indicate there was not enough information to proceed as well as to raise issues that things were not clearly and publicly stated. Mr. Thomas indicated that all of the actions and comments are recorded in the minutes and in the public book and they are available for public review. He then said that the Charter Commission operates according to the bylaws that require a majority of all qualified and acting members constitute a quorum. He further explained that they have ten active members so a quorum would • be six. Mounds View City Council December 8, 2003 Regular Meeting Page 2 • Mr. Thomas indicated that the Commission has had difficulty in maintaining a roster of 15 and, in attempting to deal with that issue, had a recommendation from the district court that the bylaws be amended and the roster changed from 15 to 11. He then indicated that the decision to do so was approved by unanimous vote of the 9 members present at the June 12`" meeting. Mr. Thomas indicated that when the proposed language change is substantial enough to make the underlining method confusing it is customary to use the replacement method. He then said there is nothing in statute to suggest how this is to be handled and noted there was a heading on the document indicating the text was new. David Jahnke of 8428 Eastwood Road indicated that he found it disturbing to hear some of the comments concerning the Charter Commission. He then reminded Council of the issues with the previous Chairman and asked that Council work on making amends with the current Chairman as he feels that Mr. Thomas is an honorable person and he has a lot of faith in him. Mr. Jahnke further commented that Mr. Thomas has made tremendous efforts to restore the relationship between the Council and the Commission and he would hate to see those efforts hampered. Mr. Jahnke indicated that he read an article in the St. Paul Pioneer Press that seems to indicate that the Mayor has his mind made up and is in favor of the change at the Community Center. Mayor Linke indicated he has not seen all the documentation but what he has seen up to this point makes his opinion that the City is not receiving the bang for the buck it should be for the amount of dollars invested. Mr. Jahnke asked the Mayor to keep his mind open and listen to the reports of Staff before making a decision. Mayor Linke indicated he would remain open to further information but commented the City used to bring in $90,000 per year when it had its own recreation department and the YMCA is only brining in $38,000 and the costs are about the same. Mr. Jahnke asked if Council Members Marty and Gunn were meeting with the YMCA. Mayor Linke indicated that they would be. Council Member Stigney asked whether the City Attorney would be addressing the Charter Commission questions during his report. City Attorney Riggs indicated he would be. 6. SPECIAL ORDER OF BUSINESS None. Mounds View City Council December 8, 2003 Regular Meeting Page 3 7. JUST AND CORRECT CLAIMS A. Just and Correct Claims Council Member Stigney asked for clarification of the reimbursement to Ms. Burg concerning breakfast supplies. Golf Course Manager Burg indicated that she had purchased the paper products from Litin Paper for the employee appreciation breakfast that was put on by the department heads and Council. MOTION/SECOND: Gunn/Stigney. To Approve Just and Correct Claims as Presented. Ayes - 4 Nays - 0 Motion carried. B. Authorization for Expenditure (1) Purchase of two Laptop Computers for City Use • • Community Development Director Ericson indicated that the existing City laptops are not adequate to satisfy the demands of the City and this resolution would authorize the purchase of two new units. Council Member Stigney suggested that it may be a lot cheaper to buy a complete desktop computer to have the person assigned to monitoring the water system use rather than a laptop. Director Ericson indicated that desktop units are less expensive and the City could purchase a less expensive laptop but this is the recommendation as to the purchase of laptops that will serve the City's purpose and not become immediately outdated. MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6147, a Resolution Approving the Purchase of Two Laptop Computers for City Use. Ayes - 3 Nays - 1(Stigney) Motion carried. 8. CONSENT AGENDA A. Approve Non-Paid Administrative Intern Position B. Establish Executive Session Immediately Following Meeting to Review Union Contract Negotiations C. Resolution 6144, Setting the 2004 City Council Meeting Schedule D. Resolution 6143, Step Increase for Jim Ericson E. Resolution 6146, Recognizing Changing the Name of the Premise Permit Holder for Charitable Gambling at Jake's Sports Cafe in the City of Mounds View to the Twin Cities North Chamber of Commerce Mounds View City Council December 8, 2003 Regular Meeting Page 4 • Council Member Stigney requested that Item d be removed for discussion. MOTION/SECOND: Quick/Gunn. To Approve Consent Agenda Items A, B, C, and E as Presented. Ayes - 4 Nays - 0 Motion carried. D. Resolution 6143, a Resolution Approving a Step Increase for Jim Ericson Council Member Stigney asked that Resolution 6143 be read. Mayor Linke read Resolution 6143. MOTION/SECOND: Quick/Gunn. To Approve Resolution 6143, a Resolution Approving a Step Increase for Jim Ericson. Council Member Stigney commented that this is the system the City works in and there is nothing he can do about it and it is unfortunate for the residents. Ayes - 4 Nays - 0 Motion carried. • 9. COUNCIL BUSINESS A. Public Hearing, First Reading and Consideration of Ordinance 724, An Ordinance Authorizing the City Council of the City of Mounds View to Set Water Rates and Surcharges Effective with the January 2004 Billings. Mayor Linke opened the public hearing at 7:22 p.m. Finance Director Hansen indicated that rate studies were prepared and presented to Council for consideration. He then indicated that the proposed increase is from $1.45 to $1.50 per 1,000 gallons for the water and the proposed storm water increase is from $5.50 per quarter to $7.50 per quarter. The street light rate and sanitary sewer rate are proposed to remain the same. He further indicated that his report provided examples of sample utility bills to indicate how the increase would affect different scenarios. Finance Director Hansen indicated that the next item on the agenda was to be setting the rates for the storm sewer but, upon reviewing the Charter, it was determined that a public hearing was needed as it must be done by ordinance and not by resolution as originally believed. Finance Director Hansen indicated that the proposed increase is set to take effect on January 1, 2004 so residents will see the increase on their bills in April. Mounds View City Council December 8, 2003 Regular Meeting Page 5 • David Jahnke of 8428 Eastwood Road indicated he did not question the rates but he feels that this is just another way to tax the residents without honoring the levy. He then expressed concern that the report indicated that Mounds View is above average in rates. Mayor Linke read information from the report to clarify the utility fee information and where the City falls compared to surrounding communities. He then indicated the City is within $5.00 of the other cities. He further commented that the biggest issue is that the City's infrastructure is aging and the City needs to ensure that the funds are there when it is time for maintenance. Mr. Jahnke indicated that he did not understand how the residents could be asked to contribute another $100,000 or more to the golf course this year out of the general fund and then Council asks the residents to pay another tax to support infrastructure and infrastructure is what is supposed to be paid for out of the general fund tax dollars not a golf course. He further commented that he does not understand how the residents can be asked year after year to continue to support the golf course and ask residents for more money to support the things that are needed. Finance Director Hansen commented that some of the cities listed did not have storm water management fees so, if that is removed, it changes the standings a bit. Mayor Linke closed the public hearing at 7:33 p.m. • MOTION/SECOND: Quick/Stigney. To Waive the Reading, Introduce the First Reading and Approve Ordinance 724, an Ordinance Authorizing the City Council of the City of Mounds View to Set Water Rates and Surcharges Effective with the January 2004 Billings. Ayes - 4 Nays - 0 Motion carried. B. Set a Public Hearing for 7:10 p.m., January 12, 2004 to Consider an Ordinance Change to Set Storm Water Utility Rates for 2004. MOTION/SECOND: Stigney/Gunn. To Set a Public Hearing for 7:10 p.m., January 12, 2004 to Consider an Ordinance Change to Set Storm Water Utility Rates for 2004. Ayes - 4 Nays - 0 Motion carried. C. Set a Public Hearing for 7:15 p.m., January 12, 2004 to Consider the Longview Estates Preliminary Plat MOTION/SECOND: Quick/Gunn. To Set a Public Hearing for 7:15 p.m., January 12, 2004 to Consider the Longview Estates Preliminary Plat. Mayor Linke indicated that this item is being moved to January 12, 2004 as the notices sent out • did not provide the required time for notification. Mounds View City Council December 8, 2003 Regular Meeting Page 6 • Ayes - 4 Nays - 0 Motion carried. D. Consideration of Resolution 6149, a Resolution Adopting the 2004 Property Tax Levy and General Fund Budget. Finance Director Hansen indicated that Staff and Council have been working on the budget throughout the summer and fall and Council passed a preliminary tax levy as well as held truth in taxation hearings and work sessions to discuss the budget. He then indicated that the City's local government aid was cut by $450,000 and the City was only allowed to levy back 60% of what was cut and this caused a substantial amount of review and working on budgets. Finance Director Hansen indicated that Council chose to put an item on a special election ballot for the hiring of two police officers and that has been added. He then noted there were a couple of minor changes in the levy for fire equipment certificates and an item to discuss later as item 9G to provide for moving money from one line to another in the police department budget to allow for capital outlay. Finance Director Hansen indicated that Council would need to adopt this Resolution tonight and, if it is not, there would need to be another meeting no later than December 19, 2003. Council Member Stigney asked what the Staff has done to reduce the taxpayer's burden since the preliminary levy was set. • Finance Director Hansen ex lained that the Staffs ent considerable time reviewin and makin p p g g several hundred thousand dollars in cuts to get the budget to balance. He then said that Staff received no direction to cut any farther but did find a few items that could be further reduced to save a few thousand dollars. MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6149, a Resolution Adopting the 2004 Property Tax Levy and General Fund Budget. Council Member Stigney indicated that he understands the cut in LGA but thinks that Mr. Jahnke made good points on the fees the taxpayers have to pay on top of the actual tax levy. He the listed out the fees that taxpayers have to pay including the franchise fees, street light, storm water management, and water fee and commented that there is also the bonding for the fire department and the amount to be taxed to support the additional police officers all outside of the general fund. He further commented that he understands there will be a $1,000,000 carryover from the previous year and there is $9,000 to pay for a survey and the hiring of a receptionist and he feels that the City could do a lot better for its residents and he does not support this budget. Mayor Linke indicated that he finds it interesting that Council Member Stigney did not make any suggestions for reductions despite the fact that the Council went over the budget line item by line item other than to say there should be cuts. He further commented that it is frustrating that this • would be brought up now when he felt that by his silence, there were no issues with the budget. Mounds View City Council December 8, 2003 Regular Meeting Page 7 • Council Member Stigney indicated that he received disapproval when he suggested looking for 1%. He then said that he raised his comments along the way and is raising them again now. Mayor Linke indicated that he had asked that Council Members bring forward real suggestions for reductions rather than suggesting a blanket cut of 1 % and no suggestions were brought forward. He then said that Staff has reduced the budget by 4% after the police officers are figured in. Council Member Stigney indicated his frustration is that the Mayor directed the way the suggestions were to happen. He then said that he is a tax paying resident of this City and he feels this City could do a lot better for its residents. Council Member Stigney indicated he has problems with this budget and his comments fall on deaf ears. Council Member Quick indicated that a lot of cities have franchise fees. He then commented that he does not remember a budget that Council Member Stigney has voted for. Ayes - 3 Nays - 1(Stigney) Motion carried. E. Consideration of Resolution 6150, a Resolution Adopting the 2004 Budgets for Funds Other Than the General Fund. Finance Director Hansen indicated that these budgets cover everything other than the general fund and all have been discussed previously. He then indicated that the utility budgets contemplate the increase in water and storm water management fees as discussed. Council Member Stigney asked what kind of transfer would be made in 2004 for the golf course. Finance Director Hansen indicated the budget does not include a transfer to the golf fund and there has not been one since the mid 1990's. He then said that Staff anticipates there may be an increase in the internal loan to the golf course for 2004. Council Member Stigney asked how much the internal loan increase would be in 2004. Finance Director Hansen indicated he had not projected it out but estimates an increase of $100,000 to $200,000 would be necessary unless the billboards happen out at the golf course. MOTION/SECOND: Quick/Linke. To Waive the Reading and Approve Resolution 6150, a Resolution Adopting the 2004 Budgets for Funds Other than the General Fund. Ayes - 3 Nays - 1(Stigney) Motion carried. • Mounds View City Council December 8, 2003 Regular Meeting Page 8 • F. Public Works Quarterly Report Mayor Linke thanked Mr. Lee and indicated the written report was very good. Public works Director Lee presented his report and provided a brief overview. Director Lee indicated that the 2003 street improvement project is moving forward and there was a public information meeting held. He then said that feedback was received back from 18 people and all but two are in favor of the project and all but two are in favor of concrete curb and gutter. Director Lee indicated the next step would be to meet with Rice Creek to get input and get it included into the report to eliminate surprise costs from them. Director Lee indicated that the H2 project has a punch list of items needing to be completed. Director Lee indicated that Council was not in favor of the big picture rehabilitation for City Hall and had asked for the list of deficient items and Staff is working on that and will provide a draft report in early January. Director Lee indicated that the County Road H pathway is being rebid and the City will receive bids January 8th for that project. He then indicated that bids are only being received from Silver Lake Road to the western city limits and Silver Lake Road to Knollwood Drive. He further • commented that the information would be placed in the Mounds View Matters to keep residents informed. Director Lee indicated that the trunk highway noise wall and berming would begin in 2004 with the berming and the noise wall portion in 2005 as that is when MNDOT will have the funds available that were pledged to the City. Director Lee indicated that the City would be working with the County Engineer on the emergency vehicle preemption for the lights and Staff will be seeking input from Council as to the priority intersections for the City. Director Lee indicated that Staff looked into a DNR grant for the pathway on County Road 10 and will be submitting an application for a local and federal grant in the spring of the year. Director Lee indicated that the required annual storm water permit review would be held on January 26, 2004 where Staff will present what has been done and what the City anticipates doing. Director Lee indicated that Staff is working on a long range street major maintenance program collecting pavement condition information and Staff would like to survey property owners via the utility bills to determine whether they would be in favor of a street upgrade based on the • costs. Mounds View City Council December 8, 2003 Regular Meeting Page 9 • Director Lee indicated that Park and Recreation has been working on a needs analysis of the parks as far as what needs to be done now and what should be done next year and for the long range. Director Lee indicated that the Spring Lake Park Lions will be donating a 39-foot diameter gazebo and has secured the funding. They will also be installing a fishing pier at an estimated cost of $22,000, $12,000 of which they have obtained through a DNR grant. He then said that the DNR would be stocking Spring Lake. Director Lee indicated that he had been contacted to discuss the upgrading and possible expansion of the parking lot and that will be added as an alternate in the 2003 street project to get a bid for the estimate of costs to bring for consideration. Council Member Quick asked who would be paying for the gazebo. Director Lee indicated the gazebo is to be paid for by the Spring Lake Park Lions. Council Member Quick asked why the soundwall is being held up until 2005 and then said that is unacceptable to him. Public Works Director Lee indicated that funding from MNDOT is not available until spring of 2005. • G. Consideration of Resolution Grantin Authorization to Defer the Purchase of g a Police Records Management System to 2004, and Purchase of Additional Capital Outlay Items in 2003. Police Chief Sommer indicated that he has been researching different records management systems and would prefer to have more time to determine what system will be appropriate for the City and that is why he is seeking approval to defer the purchase to 2004 and make capital outlay purchases in 2003. Chief Sommer indicated the items to be purchased include one traffic radar squad unit, two mobile digital computers and one radar traffic display unit and the balance of the funds will be put into a special project fund to utilize in 2004 for the records management system. Mayor Linke indicated he appreciated the Chief taking the time to make sure the City gets a system that will work for it. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6151, a Resolution Granting Authorization to Defer the Purchase of a Police Records Management System to 2004, and Purchase Additional Capital Outlay Items in 2003. • Ayes - 5 Nays - 0 Motion carried. Mounds View City Council December 8, 2003 Regular Meeting Page 10 • H. Resolution 6153, a Resolution Approving a Lease Agreement to Allow TCN Chamber to Relocate its Office to the Mounds View Community Center. Economic Development Coordinator Backman provided a calendar and indicated the items in black are scheduled by the Mermaid and those in red by the previous management. He then noted that the new management has scheduled well in excess of several dozen events to occur over the next few months. Economic Development Coordinator Backman indicated that the Mermaid has proposed to utilize some of the former Community Education space for the offices for the Twin Cities North Chamber of Commerce offices. They have agreed to relocate from Fridley to the Mounds View Community Center on January 1, 2004 if approved. Economic Development Coordinator Backman indicated that the estimated rent would be approximately $1,160 per month and they would be renting approximately one quarter of the community education area. He then indicated that the payments are to be made to the Mermaid as long as the Mermaid is the manager of the facility. He further indicated that Staff recommends approval pending any recommended changes from the City Attorney. City Attorney Riggs indicated he has been working on this matter and the proposal seems credible so there is just the matter of working out the final document. • Mayor Linke indicated that the document would need to indicate that the City is included. City Attorney Riggs indicated that would be one of the issues to work out. Mayor Linke indicated that what is being approved is a sublease because the Mermaid is leasing from the City and the Chamber would be leasing from Mermaid. City Attorney Riggs indicated that is one of the issues to work out because there is no lease there is a management agreement. He then said the concept is workable and recommended that the involved parties sit down and work out the details. City Attorney Riggs suggested adding the language as finalized by Staff and the City Attorney. Council Member Marty arrived at 7:56 p.m. MOTION/SECOND: Gunn/Quick. To Approve Resolution 6153, A Resolution Approving a Lease Agreement to Allow TCN Chamber to Relocate its Office to the Mounds View community Center as Amended to Include Language by the City Attorney. Council Member Stigney commented that the rental fees go to the Mermaid rather than the City. He then said that when the interim agreement was discussed he was not in favor of the • community education area being part of the deal and he feels it would have been far better for the City to rent it rather than the Mermaid. Mounds View City Council December 8, 2003 Regular Meeting Page 11 • Economic Development Coordinator Backman indicated the City would not be getting more than the 6,000 it is already getting. He then added that in reference to the Chamber they will add significant things for the City bringing meetings here but beyond that, in terms of the issue of who is working with the board, the board would feel more comfortable with leasing or having an agreement with the Mermaid which is both a member and a for profit entity. Ayes - 4 10. APPROVAL OF MINUTES Nays - 1(Stigney) Motion carried. A. City Council Minutes November 24, 2003 Council Member Marty requested the following changes: On Page 3, Line 1 should be other consultants. Page 11, Line 2 change to City Council special meeting. MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes for November 24, 2003 as Amended. Ayes - 5 Nays - 0 Motion carried. • • 11. REPORTS A. Reports of Mayor and Council. Council Member Gunn recognized the Irondale students that did not leave the meeting early. Council Member Marty indicated there was a YMCA meeting today and he found it to be very informative. Council Member Quick asked how much the soundwall would cost. Public Works Director Lee indicated that MNDOT is estimating $300,000. Council Member Quick suggested the City front that cost and MNDOT pay it back in a year. Council indicated a willingness to have the City front the costs and have the project proceed in 2004 and seek reimbursement for MNDOT when the funds are available Council Member Marty asked when the City is due to be reimbursed for the sidewalk on H. Public Works Director Lee indicated it was 2004 or 2005. Council Member Stigney asked where the funds would come from for the soundwall. Mounds View City Council December 8, 2003 Regular Meeting Page 12 • Director Lee indicated that Staff would review and make a recommendation on the funding. Mayor Linke indicated he had a meeting with the City Administrator and two representatives from the 35W corridor bringing him up to date on what is going on. He then indicated he learned that MNDOT is trying to figure out a way to reconfigure access onto 35W on this end of the City and one of the proposals is to close the access on County Road I and upgrade the one on H putting a frontage road on the arsenal side of the road which concerns him greatly because other than access at Long Lake or Red Oak that would eliminate access to 35 from this part of town. Council Member Marty indicated that is a bad entrance. Mayor Linke indicated the City should not suffer for MNDOT's lack of planning. He then indicated that he would contact the Mayor of Arden Hills to discuss the matter. B. Staff City Administrator Ulrich indicated he would follow up with Arden Hills Staff on the redevelopment of the TCAAP site and how that impacts Mounds View. Finance Director Hansen indicated there was an accident on March 25, 2002 between a city pickup and another vehicle at the light on Edgewood Drive and County Highway 10 and each driver claimed they had the green light. The matter was in dispute through the League of Minnesota Cites trust and the City settled the claim for the cost of the deductible $10,000. He then indicated that the matter has been negotiated between the insurance companies and he has a proposed settlement agreement whereby the City would receive $12,000 dollars and that is the amount of the deductible plus some workers compensation costs. MOTION/SECOND: Quick/Gunn. To Approve the Proposed Insurance Settlement. Council Member Stigney commented that the City's deductible was paid. Finance Director Hansen indicated that the settlement is a ruling in the City's favor. Ayes - 5 Nays - 0 Motion carried. C. City Attorney City Attorney Riggs indicated that he has been looking into the questions raised at the November 24, 2003 meeting and has been unable to locate the original petition. He then said that once it is determined whether the original number was listed on the petition the interpretation would follow from there. Mayor Linke indicated his concern is that this was done without notification to the public or . Council and, if the Charter Commission could not get the judge to appoint people, Council should have done that and this Council was not notified that there was such an issue. Mounds View City Council December 8, 2003 Regular Meeting Page 13 • Mayor Linke commented that the interpretation of the Chair's bylaws may be correct but it seems strange that 9 members could arbitrarily decide to reduce the number to 11. He then said that there was not a quorum of the 15 set by the Court so there was not a quorum to make that decision on the original amount set by the judge. Council Member Quick indicated that eight would be a quorum. Mayor Linke indicated he has not seen the minutes. Council Member Quick indicated he read the state statute and it states that it will be 15. City Attorney Riggs indicated that the statute says no less than 7 but no more than 15. Mayor Linke indicated he did not think there was a quantity listed on the original petition. City Attorney Riggs indicated that, if that is the case, then it is within the discretion of the Chief Judge to set an amount. He then indicated that he, as well as Mr. Thomas, is looking for the document and said that if no document can be found he would have to look to the interpretation that there is no number and interpret from there. • Mayor Linke indicated he has a hard time with that body making an arbitrary decision to ask the judge to reduce the numbers without notification of residents and Council. Council Member Quick indicated that if the court does not appoint then Council is to do so. City Attorney Riggs indicated there is no responsibility for the chief judge that has not made an appointment to notify the City. Mr. Thomas explained that the process is that when there is a member that resigns or every two years when terms expire those that wish to are allowed to submit an application to judge who reviews and renews and sends oath of office for a maximum of 8 years. He then said that since before he was chair most of the time there have not been 15 active members and the active members have gone as low as 8. He further indicated that the judge has the clerk post for the position in numerous ways and the City posts it as well by posting ads in the papers and on the bulletin boards. He also indicated that he has communicated with Staff the number of active members and what the current status of the members is. Mr. Thomas indicated that every posting is sent to the City and all open position notices go to City Staff so the number that is missing is not only sent to them it is posted on the bulletin board and has been for five years continuously and he feels it is out of order to say that the issue with maintaining active members has not been communicated. The information has been available through minutes, the public book and on the bulletin board and it is not the fault of the • Commission that people do not see the information that is available. Mounds View City Council December 8, 2003 Regular Meeting Page 14 • Mayor Linke asked Mr. Thomas to pull a copy of the minutes from June of this year. Mr. Thomas indicated the minutes were in the public books in the office. He then said that Mayor Linke gave the impression to the public that this is a decision that they made on their own but that is not true they communicated with the clerk of court and with several different judges in ongoing conversations for about four years because the statute is not clear and has no process defined for how this is done. He then said that this information was passed on to the previous City Administrator and through phone calls and letters to the court and all of that information is public record. He further commented that the court recommended the system that was followed and there were 9 members present and the decision was unanimous after years of discussion on how to solve this problem. Mr. Thomas indicated that the meetings are live on cable and are replayed and there are minutes available in the public book so there was nothing done that was not clearly and openly discussed and discussed for a long period of time. He then said that the Commission has received no response from Council on the letter that was sent asking for a response and it has not even been discussed at a work session. Mr. Thomas indicated that, at some point, the Commission will have to deal with it again and they have requested that Council make a recommendation and without it, they will be forced to move forward. • Mayor Linke indicated that there were comments raised that it needs to be a unanimous decision of Council to eliminate it and that will not happen.. Mr. Thomas asked Council to review the whole letter that was sent and provide a recommendation as to what Council would like them to do. MOTION/SECOND: Marty/Gunn. To Recess to Closed Session to Review Union Contract Negotiations. Ayes - 5 Council recessed at 8:40 p.m. 12. Next Council Work Session: Next Council Meeting: Nays - 0 Motion carried. Monday, January 5, 2003 Monday, January 12, 2003 13. ADJOURNMENT Mayor Linke adjourned the meeting at p.m. Transcribed and recorded by: • Joan Lenzmeier Timesaver Off Site Secretarial, Inc.