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HomeMy WebLinkAboutMinutes - 2010/06/28• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting June 28, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaheriy, Hull, Mueller, Gunn. NOT PRESENT: Stigney. 4. APPROVAL OF AGENDA A. Monday, June 28, 2010, City Council Agenda. • MOTION/SECOND: Mueller/Hull. To Approve the Monday, June 28, 2010, agenda as presented. Ayes — 4 Nays — 0 Motion carried. 5. PUBLIC INPUT Tom Winiecki, 2740 Sherwood Road, questioned who was responsible for maintaining the infiltration basins or rain gardens. Mayor Flaherty indicated the City is responsible for the grade and placement of the rain gardens, but the homeowner needs to maintain the boulevard, including the infiltration feature. City Administrator Ericson reiterated that homeowners were responsible to maintain and mow grass in the City easements. Mr. Winiecke suggested the City fix Harvey Kowalzek's property immediately as it could not be mowed. Public Works Director DeBar stated a punch list was being worked on at this time and the City has encouraged the contractor to complete the work by the end of June. He explained the City was having trouble with the subcontractor and the City did have funds in escrow to assure that the work would be completed. The Council further discussed the general contractor used for Project A. The Council was generally not in favor of using this contractor for future projects given the poor performance • provided by the chosen subcontractor. Mounds View City Council June 28, 2010 Regular Meeting Page 2 6. SPECIAL ORDER OF BUSINESS A. Annual Public Information Meeting for MS4 SWPPP Public Works Director DeBar stated that each year the City is required to have an annual stormwater public information meeting. He reviewed the goals for the City with regard to stormwater management along with the minimum control measures (MCM). Public Education and Outreach was the first MCM and he explained that six articles were printed in the Mounds View Matters newsletter this past year to educate further the public on stormwater issues. Public Works Director DeBar indicated the second MCM was Public Participation/Involvement that led the City to hold household clean-up days, an annual public meeting and the new adopt a rain garden program. The third MCM was Illicit Discharge Detection and Elimination which provided a yearly stormwater management map update, illegal dumping enforcement, illicit discharge inspection program and sanitary sewer maintenance program. He explained the City inspected 32 outfalls and cleaned 47 miles of sanitary sewer in the past year. Public Works Director DeBar noted the fourth MCM was Construction Site Stormwater Runoff Control which assisted with erosion and sediment control regulations, construction site plan review, erosion control inspections and enforcements, and grading precon meetings. The fifth MCM was Post Construction Stormwater Management which provided permanent stormwater management design standards, post construction plan reviews and long-term reviews. • Public Works Director DeBar indicated the sixth MCM was Prevention/Good Housekeeping that • created a municipal lawn care maintenance program, a street sweeping program, a street de-icing program and pond/outfall basin inspections. He explained an OSHA inspection was completed this year and the public works facility was brought into compliance. Public Works Director DeBar explained that going into the future the Stormwater Management Plan would be looking into wellhead protection planning, SIP monitoring, a stormwater pond inventory, and an impaired waters review to Rice Creek. The City's MS4 General Permit was applied for in 2003 and would expire in May of 2011. This would have to be reviewed in the near future to assure the State renews the permit. Council Member Mueller questioned how the stormwater basins would be recognized if not stenciled. Public Works Director DeBar indicated the basins would have a stamp in the iron. Council Member Mueller asked what residents could do when they see a stormwater basin or grate clogged grass clippings, sticks and leaves. Public Works Director DeBar encouraged the residents to contact the Stormwater Management Hotline at 717-4063. This would allow the City to track and monitor the calls. He noted leaves or grass could be raked up into the boulevard but warned residents not to approach an area that had a large amount of water ponded. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing, to Consider Resolution 7636, to Consider Approval • of a Temporary 3.2 On-Sale Liquor License for the AnokaJBlaine Jaycees to • u • Mounds View City Council June 28, 2010 Regular Meeting Page 3 Serve Liquor during the Mounds View Festival in the Park on Saturday, August 21, 2010. Assistant City Administrator Crane stated a temporary liquor license has been requested from the AnokalBlaine Jaycees to serve liquor during the Mounds View Festival in the Park. City Code did not allow the liquor request to be for more than two days. She explained the Festival Committee has approved the Anoka/Blaine Jaycees, contingent upon receiving a temporary liquor license. All the proper paperwork has been submitted and a satisfactory background check has been received. Staff recommends approval of the temporary liquor license. Keith St. Marie reviewed the proposed Jaycee operations for the Mounds View Festival in the Park. He indicated the beer would be sold within a fenced area. All people requesting to be served would need to show a valid ID and would need to have a wristband on in order to be served. Tickets would be sold for the beverages. Any alcohol brought in would be confiscated and all minors would be removed from the fenced area. Mr. St. Marie questioned if the City would have a police presence on park grounds the day of the Festival. Mayor Flaherty indicated the Mounds View Police Department would have officers present for the event. Mayor Flaheriy opened the public hearing at 7:46 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:46 p.m. Council Member Mueller asked if the beverage servers were trained to stop serving people that have had too much to drink. Mr. St. Marie indicated several members of the Jaycees were Tip Certified which provided proper training to the members who are serving alcohol. Council Member Mueller questioned if the Jaycees were responsible for the cleanup and maintenance of the fenced in area. Mr. St. Marie explained the Jaycees could be responsible for clean up of the area after the event. Council Member Gunn suggested the 3aycees use compostable c�ps. Mr. St. Marie indicated he has had this request before and he would look into biodegradable cups. If the price was feasible, he would consider the expense, but the cost may be prohibitive. Mayor Flaherty indicated this was the first year the City was allowing alcohol at the Festival in some time. He encouraged the Jaycees to be in contact with Deputy Police Chief Kinney before the event to establish rules of understanding. Community Development Director Roberts questioned the hours of operation. Mr. St. Marie indicated the Jaycees would be serving alcohol from noon to 9:30 p.m. Community Development Director Roberts suggested signage be placed near the entrance with a clear list of rules and regulations. Mounds View City Council June 28, 2010 Regular Meeting Page 4 Communi Develo ment Director Roberts asked if the operation would be within a tent or open • t3' P air. Mr. St. Marie stated this was still being investigated. MOTION/SECOND: Guiu�/Hull. To Waive the Reading and Adopt Resolution 7636, approving a Temporary 3.2 On-Sale Liquor License for the Anoka/Blaine Jaycees to Serve Liquor during the Mounds View Festival in the Park on Saturday, August 21, 2010 at Mounds View City Hall Park. Ayes — 4 Nays — 0 Motion carried. B. 7:10 p.m. Public Hearing, to Consider a Revision or a Revocation of the Conditional Use Permit for an Outside Sales Operation for Robert's Sports Bar at 2400 County Road H2. Community Development Director Roberts stated that this item is regarding the operation of an outside sales and Flea market at Robert's Sports Bar. The original permit was approved in 2009 for the sales to run from April through September. While the City wants to remain supportive of a local business, the City must also be sure that any changes or new land use activities in the City meet all code requirements. The proposed use may prove to be a valuable asset to Mounds View but the City must also ensure that it does not cause any negative effects on the occupants of nearby properties. Community Development Director Roberts indicated that Mr. Halverson has made positive steps toward meeting the conditions set by the City Council in Resolution 7444 by having the parking lot repaired and by having all the flea market signs removed. There still is however, the issue of the unpaid attorney's fees of $639.90. The City should require Mr. Halverson to pay the City for this debt. It is important to note that the CUP will remain in effect indefinitely as long as there are no changes to the operation and if there have been no problems or reasons that would warrant the City Council to reexamine the CUP. Staff recommends the Council hold a public hearing, not make any changes to the CUP and that Mr. Halverson be required to pay the City $639.90 for the unpaid City attorney's fees by July 30, 2010. Mayor Flaherty opened the public hearing at 8:02 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:02 p.m. Council Member Hull questioned what would happen after July 30, 2010 if the fees remained unpaid. Community Development Director Roberts indicated the fees would be certified to the property taxes. • Finance Director Beer addressed the Council regarding the outstanding attorney's fees noting • they have been outstanding for almost a year. He indicated the Council would have to consider Mounds View City Council June 28, 2010 Regular Meeting Page 5 • this further before renewing the liquor license. MOTION/SECOND: Mueller/Flaherty. To Reaffirm Resolution 7444, approving the Conditional Use Permit to Allow an Outside Sales Operation at 2400 County Road H2 for Roberts Sports Bar and that Mr. Halverson be required to pay the City $639.90 for unpaid Attorney's fees by July 30, 2010. Mayor Flaherty understood the need to have the expense paid and felt this was a CUP fee and should not be tied to the liquor license. However, if the fees were not paid in 30 days he would like to see the expense certified to the property t�es for payment in 2012. Ayes — 3 Nays — 1(Hull) Motion carried. Council Member Mueller requested Item F be moved up on the agenda for discussion as a resident was present for this Item. The Council was in favor with this suggestion. F. Resolution 7637, Resolution of Denial for Second Driveway Access for Property at 2832 Woodcrest Drive. Community Development Director Roberts explained Dick Comben was requesting City Council approve the retention of a second street access for the existing driveway at 2832 Woodcrest . Drive. On June 10, 2010, Mr. Comben submitted an application to the Public Works Department for a second driveway access as part of the City's private improvement plan (PIP). Staff reviewed the application and the site conditions and determined that the proposed second driveway access does not meet current city standards as the driveway was gravel and not in conformance with current City code. Staff was seeking additional input from Council regarding this issue, but recommended denying the request for two driveways. Dick Comben, 2832 Woodcrest Drive, requested the Council consider the aesthetics of the current driveway as the home was designed around the rainbow-style driveway. Mr. Comben indicated the entry steps to the house were 16 feet wide again matching the style of the driveway. He explained the driveway had been in its current state for 30+ years. Council Member Mueller thanked Mr. Comben for providing pictures to the Council as it assisted in providing a proper visual picture of the property. She pointed out that a tree was saved by the designing in the driveway and agreed the Class 5 driveway did match the rural feel of the property. Council Member Hull questioned what the City's policy was for single gravel driveways in the City. Community Development Director Roberts stated a single driveway could remain gravel, would receive a curb cut but the second access was the concern for this property. Council Member Gunn asked if the Street Utility Committee discussed two curb cuts for a single • driveway and were any standards established. Jim Battin, Chairman of the Street Utility Committee indicated this was discussed in 2008 and the Resolution passed by Council was based Mounds View City Council June 28, 2010 Regular Meeting Page 6 on the recommendations of the Committee. Mr. Battin stated the major consideration of double • driveways was the cost for two curb cuts on a single lot. He felt the current property being discussed predated the current Ordinance. Council Member Gunn questioned if the pictures provided to Council were recent. Mr. Comben indicated the pictures were taken this spring after the driveway was graded. Council Member Gunn expressed concern about setting precedence with other double driveways in the City. She noted the Street Utility Committee created standards that should apply to the entire community. Mayor Flaherty indicated the City was willing to take on each resident on a case-by-case basis and did not feel precedence would be set on this case. He explained the driveway has been in this position for over 30 years and was extremely well maintained. Mayor Flaherty noted the second curb cut would be at the homeowner's expense and recommended allowing the second curb cut. Council Member Mueller felt that because single access driveways were not required to be upgraded to be a paved surface, this property owner should not be required to be paved. She stated she would be in favor of a new Resolution approving the second driveway access for Mr. Comben. MOTION/SECOND: Mueller/Hull. Directing Staff to revise Resolution 7637, to show approval • of the owner's requested Waiver or Variance to have two driveway accesses for the property at 2832 Woodcrest Drive, acknowledging the homeowner will be responsible for the expense of the second curb cut. City Administrator Ericson stated staff would revise Resolution 7637 to state approval of the variance request in the affirmative allowing the double driveway access. He indicated the Resolution would be rewritten and brought back to Council for approval on the Consent Agenda at the July 12�' Council Meeting. Council Member Hull thanked staff for the proper recommendation and all information provided regarding the variance request to Council. However, he felt the property should not be "punished" for recent Code changes. Ayes — 4 Nays — 0 Motion carried. C. Continued Public Hearing, Resolution 7625, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Robert's Sports Bar and Entertainment located at 2400 County Road H2. Assistant City Administrator Crane explained Robert's Sports Bar and Entertainment did submit the city liquor license application after the June 14, 2010, City Council Meeting. Fees, • Certificate of Liability Insurance and the background check application were received on Friday, Mounds View City Council June 28, 2010 Regular Meeting Page 7 • June 18, 2010. Staff checked with Ramsey County Property Ta� Records, and this property is up to date on property t� payments. The Mounds View Police Department has issued a satisfactory report for Robert's Sports Bar and Entertainment. The City's Fire Marshal has issued an unsatisfactory report for Robert's Sports Bar and Entertainment. No changes were made to bring the site into compliance. Assistant City Administrator Crane indicated the Finance Department issued an unsatisfactory report. Robert's Sports Bar and Entertainment owes the City $1,610.69 for a past due utility bill and another totaling $639.00 for attorney fees associated with the Conditional Use Permit for outdoor sales. Staff has sent four certiiied letters to Robert's Sports Bar regarding these concerns. Assistant City Administrator Crane contacted Robert's Sports Bar and Entertainment (Floyd Halverson) on June 22, 2010 to inform the establishment of this delinquency. Staff was informed by Mr. Floyd Halverson that the license holder (Kevin Halverson), is aware of what is owed, and that the City should "...take it up with the owner. That is between the City and Kevin Halverson." Staff further informed Mr. Floyd Halverson that this delinquency will have to be reported to the City Council and this delinquency may jeopardize their liquor license renewal. The Halverson's were aware of the public hearing scheduled for this renewal, nut were out of town. • Staff explained the City Council could either not renew the liquor license due to the delinquency and failed fire inspection or renew the license contingent on full payment of utility bill, attorney fees, and a satisfactory fire inspection by a deadline set by the City CounciL If delinquencies are not paid, and no corrections have been made since the last fire inspection by the deadline date, then the City Council could choose to suspend or revoke the liquor license at a later City Council Meeting. If the City Council wishes to approve the liquor license renewal, then the license period would be from July 1, 2010 to June 30, 2011. It was noted the current license would lapse on June 30, 2010. Mayor Flaherty reopened the public hearing at 8:55 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:55 p.m. Council Member Mueller expressed concern about the lapse in fire monitoring services at Robert's. She indicated the unsatisfactory fire re-inspection was also a great concern. Council Member Mueller felt she could agree to a payment plan for the utility fees, but did not know if the failed fire inspection could be overlooked. Council Member Hull questioned what would happen if a fire head were to go off at Robert's with out the monitoring company support. Community Development Director Roberts indicated this would delay fire calls to the site. He indicated the establishment was required by City code to have a fire monitoring contract for the site. • Council Member Hull ex ressed eat distress due to the fact the a licant was not resent at the P �' PP A Mounds View City Council June 28, 2010 Regular Meeting Page 8 meeting given the fact the establishment's liquor license was two days away from lapsing. • Assistant City Administrator Crane indicated the City has made every effort to be on contact with the owner. Council Member Gunn explained the failed fire inspection could not go unnoticed, along with the lapsed monitoring service. She stated this would create a great fire hazard to the neighboring properties. Council Member Gunn was not in favor of renewing the liquor license given the current issues and the applicant's complete disregard to follow the City's rules and regulations. Mayor Flaherty indicated he has always given this organization the benefit of the doubt, and understood the liquor license was crucial for the operation of this business. However, Robert's has not demonstrated any effort to complete a satisfactory fire inspection, which was necessary to keep the business viable. He explained he was willing to go to the July 22"d deadline if Robert's corrected the fire inspection and paid the outstanding dues. After July 22"d the liquor license would lapse. Council Member Mueller asked if a new fire monitoring company could have been hired by Robert's. Assistant City Administrator Crane stated this could be the case, but the fire monitoring contracts have lapsed in the past. Council Member Mueller explained she would be in favor of allowing Robert's time to come into compliance by July 22°a nd • City Administrator Ericson stated if the Council was willing to extend the license to July 22 , the Council was effectively approving the liquor license for a year. The Council would then have to go through the entire revocation process after July 22nd. He recommended the issues be addressed at this time. If the Council were to take no action at this time, the current license would lapse on June 30, 2010. City Attorney Riggs indicated the Council did not have the right to extend the current license as it would lapse. He explained the applicant should have been present at tonight's meeting to address the Council's concerns. The Council had the right to shut down the business due to the fire, health and safety risks found by the Fire Marshal. City Attorney Riggs added that the outstanding fines also need to be addressed before Council could approve a liquor license. He suggested the Council have the applicant present at the July 12th meeting for questioning to assure the concerns at hand are addressed. Council Member Mueller stated it was unfortunate the Council had to come to this decision. She questioned if the Fire Marshal could reexamine the site before the July 12�' meeting. Community Development Director Roberts stated this would be done. MOTION/SECOND: Mueller/Gunn. To Adopt Resolution 7625, approving an On Sale Intoxicating Liquor License Renewal for Robert's Sports Bar and Entertainment located at 2400 • County Road H2 with the understanding the current issues (fire, health and safety concerns, and • • � Mounds View City Council June 28, 2010 Regular Meeting Page 9 outstanding utilities) would be discussed at a Hearing on July 12, 2010, at which time the License could be Revoked if not addressed to the satisfaction of the City Council. City Attorney Riggs indicated this was a difficult situation as the applicant was unresponsive. The Council needed answers from the applicant. Assistant City Administrator Crane read through the revised Resolution to assure she had all of the Council's requirements. Council Member Hull stated the City was "bending over backwards" for a business that has required a great deal of City staff time and energy and has remained unresponsive. He explained he would not support this Resolution given the fact the applicant was not even present to address the numerous City concerns. Ayes — 3 Nays — 1(Hull) Motion carried. MOTION/SECOND: Gunn/Mueller. To Direct Staff to Notify the Robert's Sports Bar located at 2400 County Road H2, there will be a Revocation Hearing on July 12, 2010 and that proper notification be published. � Ayes — 4 Nays — 0 Motion carried. Continued Public Hearing, Resolution 7626 a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10. Assistant City Administrator Crane stated The Mermaid did submit the city liquor license application materials and fees on June 21, 2010. The Mounds View Police Department has issued a satisfactozy report for The Mermaid. Staff submitted a background check application on the owner of The Mermaid to the Minnesota Bureau of Criminal Apprehension (BCA) on June 22, 2010. The City's Fire Marshal has issued an unsatisfactory report for The Mermaid. Assistant City Administrator Crane noted The Mermaid is up to date on payment of all utility bills. However, The Mermaid currently owes money for the first half of 2010 property t�es in the amount of $121,987, and for Sewer Availability Charge (SAC) fees for the outdoor patio in the amount of $4,200. She stated she spoke with the County regarding these outstanding dues as The Mermaid shows them paid. Assistant City Administrator Crane indicated the City Council could either not renew the liquor license due to the delinquencies and failed fire inspection or renew the license contingent on full payment of all outstanding fees and a satisfactory fire inspection at a deadline set by the City Council. Staff recommended approving the liquor license contingent upon full payment of all outstanding fees and a satisfactory fire inspection. If the City Council wishes to approve the liquor license renewal, then the license period would be from July 1, 2010 to June 30, 2011. Mounds View City Council June 28, 2010 Regular Meeting Page 10 Mayor Flaherty reopened the public hearing at 9:20 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 9:20 p.m. Council Member Mueller indicated she would be willing to give the applicant an additional 30 days to assure that all fire violations are corrected. This would give them until July 30th to comply with all City and State fire codes. City Administrator Ericson stated the applicant was fine with the outstanding fees being certified to the property taxes. He questioned how the Council wanted to handle the statement within the resolution stating "full payment of }�roperty taxes." City Attorney Riggs suggested the Resolution read, "full payment of applicable property taxes and Sewer Availability Charges." If the SAC fees were not paid these would be certified to the property taxes by the City. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7626, approving an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10 contingent upon a satisfactory fire inspection by July 30, 2010 and full payment of applicable properiy taxes and Sewer Availability Charges. • Ayes — 4 Nays — 0 Motion carried. • Mayor Flaherty stated the Council was willing to work with its businesses and residents to resolve issues and keep operations viable. However, certain rules have to be followed and the Council will hold these businesses accountable to assure they are in compliance. He was proud of the Council for taking the time to review each case at length and in detail. E. Resolution 7635, Ratifying the Mounds View Election Judges for the 2010 Primary and General Elections. Assistant City Administrator Crane stated that State law requires that election judges for the Primary and General Elections be appointed by the municipal governing body. Resolution 7635 contains a finalized list of election judges for the 2010 Primary Election (August 10, 2010), and the General Election (November 2, 2010). The City currently has trained over 60 judges for the Primary Election and General Election. Staff recommends Council approve the appointment of election judges for the 2010 Primary and General Election. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7635, ratifying the Appointment of Election Judges for the 2010 Primary and General Elections. Council Member Gunn thanked all those willing to serve and participate in the election process. Mayor Flaherty agreed with these comments and thanked the residents serving the community in • the upcoming elections. • Mounds View City Council June 28, 2010 Regular Meeting Page 11 Ayes — 4 Nays — 0 Motion carried. G. Resolution 7634, Authorization to Advertise and Create an Eligibility List to Fill a Police Officer Position in the Mounds View Police Department. Deputy Police Chief Kinney stated The Mounds View Police Civil Service eligibility list for Police Officers is no longer current, and the police department anticipates an additional opening on July 31, 2010 due to a retirement of a current police sergeant. Staff was seeking approval to create an active Civil Service eligibility list for police officer and seek approval to begin the process to hire a police officer to fill the future vacancy. This most recent vacancy will reduce the number of sworn officers to 17 from the department authorized strength of 19 officers. The Civil Service Commission dissolved the 2009 list and recommended the authorization to advertise to create an eligibility list to fill the opening in the Mounds View Police Department. Mayor Flaherty questioned how long the eligibility lists were used. Deputy Police Chief Kinney stated the last list was created in May of 2009 and two officers were hired off this list. He indicated the list could possibly be stretched to three years, but the Civil Service Commission recommended creating a new list for the current patrol position. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7634, • authorization to Advertise to Create an Eligibility List to fill a Police Officer Position in the Mounds View Police Department. City Administrator Ericson stated the 2011 budget was going to be discussed at the next work session meeting. He suggested this Resolution be postponed until after the budget was discussed further as costs will be incurred through the eligibility list. Mayor Flaherty felt it would benefit the City to begin the process as it was timely. The City would then have a potential candidate list if the Council chooses to fill the position in 2011. Council Member Mueller questioned where the funding came from to create the eligibility list. Finance Director Beer indicated this came out of the general fund. City Administrator Ericson suggested the Council could proceed with the eligibility list but informed the Council the current Resolution does state the City would then hire an officer. He recommended this language be omitted. MOTION AMENDMENT: Guiu�/Hull. To Omit the Language within Resolution 7634, stating the City would then Hire an Officer from the Eligibility List. Council Member Gunn did not feel this language had to be removed. • Ayes — 4 Nays — 0 Motion carried. Mounds View City Council June 28, 2010 Regular Meeting Page 12 H. Resolution 7640, Approving a Construction Contract for 2010 Miscellaneous • Concrete Repairs. Public Works Director DeBar explained each winter the City experiences breaks in the water distribution system. Much of the City's watermain is located in turfed boulevard areas; however, excavating to repair the breaks often requires removal of concrete curbing, driveways, and hot- mixed asphalt to provide safe trenches. Restoration of the damaged curbing, pavement, sidewalk, turf, etc. is typically performed the following spring/summer. Public Works Director DeBar explained the Public Works Department typically handles all the restoration except concrete repairs. Of the 11 break locations, only two require concrete repairs. One location (8132 Long Lake Road) requires minor work involving constructing concrete curb and gutter. The other location (2612 County Road I) requires significantly more work. The County Road I repair was the location of the New Year's Eve watermain break that leaked approximately 1.2 million gallons and drained the water tower and a portion of the ground reservoir, leaving the entire City with low water pressure. Public Works Director DeBar stated a quote proposal package was prepared by Public Works and distributed to five local concrete contractors to submit quotes. Quotes were received by four of the five and ranged from $15,362.50 to $25,925.76. However, the lowest three quotes only had a difference of $984.50. The low quote was submitted by Neeck Construction, Inc. of Minneapolis, MN. The adopted 2010 budget has $10,000 in this account, which is under the low quote • amount of $15,362.50. The restoration of the watermain break on County Road I is much more significant than those in the past since the road is concrete and Ramsey County requires specific measures in the repair. In addition, one-half of the concrete driveway entrance to Mounds View Square also needs replacement, along with a nearby sidewalk. Public Works believes the quote amount is appropriate. The work was projected to be completed by July 31, 2010. Staff recommends that the City Council adopt Resolution 7640 that will award the construction contract for $15,362.50 to Neeck Construction, Inc. of Minneapolis, Minnesota for the 2010 Miscellaneous Concrete Repairs. In addition, it is recommended that the City Council consider adding a 10% construction contingency to the authorized amount for minor work associated with unknowns that could occur during construction. This contingency would add an additional $1,536 to the $15,362.50 for a grand total authorized amount not to exceed $16,898.50. Council Member Mueller questioned what funds would be used for the repairs. Public Works Director DeBar stated the water utility fund would be used to pay for the repairs. He explained no consultants were used for the bid package and Public Works staff would supervise the project. Mayor Flaherty asked if the 10% contingency was necessary. Public Works Director DeBar stated the contingency would allow the bid to run over the $15,000 without having to come back to Council for approval. He did not anticipate needing the additional 10%. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7640, • awarding a Construction Contract for the 2010 Miscellaneous concrete repairs for City Project � • • Mounds View City Council June 28, 2010 Regular Meeting Page 13 2010-OOI to Neeck Construction in an amount not to exceed $16,898.50. Ayes — 4 Nays — 0 Motion carried. MOTION/SECOND: Gunn/Mueller. To Continue the Meeting past 10:00 p.m. 8. Ayes — 4 CONSENT AGENDA Nays — 0 Motion carried. Council Member Gunn asked to remove Item B. Council Member Mueller asked to remove Item D. A. Licenses for Approval. . , . C. Resolution 7633, a Resolution Approving a Joint Powers Agreement for Development of the North East Metropolitan Area Municipal Network, a Regional Broadband Network Collaborative. n u..n„�„*.,,., ��zo � ..........:...� r„a,,,.,,,,a,,,,+ r�,...+,..,,.+„r �,�..,.,....,..,�� r.. �n� n . , � -� T....., D........�.,1� .�,.�1. TT....,... !''..� T.....� C..M.,..o� .�.,.7 A Cm�.,..� T...... !'...,., Rl v� MOTION/SECOND: Guru�/Hull. To approve Consent Agenda Items 8A and 8C. Ayes — 4 Nays — 0 Motion carried. B. Resolution 7638, Approving Mounds View Business Licenses. Council Member Gunn questioned the licenses being approved for Robert's and The Mermaid and if the proper fees had been paid to the City. City Administrator Ericson indicated the proper fees had been paid. MOTION/SECOND: Guni�/Mueller. To Waive the Reading and Adopt Resolution 7638, approving Mounds View Business Licenses. Ayes — 4 Nays — 0 Motion carried. D. Resolution 7639, Approving Independent Contractor Agreements for 2010 Tree Removals with Upper Cut Tree Services and 4 Seasons Tree Care. Council Member Mueller commented on the services provided by the tree care service companies. She explained both provided great service to the City last year and each has agreed to give continued contract services at the same price as 2009. Mounds View City Council June 28, 2010 Regular Meeting Page 14 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7639, approving Independent Contractor Agreements for 2010 Tree Removals with Upper Cut Tree Services and 4 Seasons Tree Care. Ayes — 4 9. JUST AND CORRECT CLAIMS Nays — 0 Motion carried. Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as presented. Ayes — 4 Nays — 0 Motion carried. 10. APPROVAL OF MINUTES A. May 24, 2010, City Council Meeting Minutes. Council Member Gunn requested a correction on Page 1, Line 36, Excel should read Xcel. Page 5, Line 26, the Edgewood Drive address should have a house number. Page 5, Line 40, remove "s" from buildings. Page 6, Line 12, the line should read, "thrift stores belong in the B-3 zoning district". Page 14, Line 14, the line should read, "Mounds View Forestry needs with the remainder of his time working in New Brighton". Page 17, Line 21, should read, "all options to gain compliance, noting that the fees can be certified and added on to property taxes". MOTION/SECOND: Gunn/Hull. To Approve the May 24, 2010, City Council meeting minutes as amended. Ayes — 4 Nays — 0 Motion carried. B. June 14, 2010, Executive Session Minutes. MOTION/SECOND: Mueller/Hull. To Approve the June 14, 2010, City Council Executive Session meeting minutes as submitted. Ayes — 4 Nays — 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Mueller reported the Suminer 2010 Mounds View Matters was printed and includes information regarding the pests invading local trees. A registration form was included for the Car and Tractor Show. She encouraged all to attend the Festival in the Park on August 21, 2010 at City Hall Park. u • • � • � Mounds View City Council June 28, 2010 Regular Meeting Page 15 Council Member Mueller noted she attended the League of Minnesota Cities Conference titled Leading in Challenging Times on June 23, 24, and 25, 2010. She reviewed the seminars she attended and explained the conference provided great information to all that attended. Council Member Gunn also attended the League of Minnesota Cities Conference. She reviewed the list of seminars she attended noting they varied from Council Member Mueller's. Mayor Flaherty indicated the financing and budgeting processes were going to change for the City from this point on. B. Reports of Staff. 1. Administrator Report. City Administrator Ericson reviewed information regarding the police chief recruitment with the Council. He indicated the next step would be direction from Council to complete a background check and psychological examination on the top qualified candidate. MOTION/SECOND: Gunn/Hull. To Authorize City Staff to schedule the background check and psychological examination for the top qualified candidate for Police Chief. Ayes — 4 Nays — 0 Motion carried. City Administrator Ericson noted the City Appreciation Luncheon was held on June 16�' and was very well attended. He thanked all who attended and provided food for the event. City Administrator Ericson indicated he attended the League of Minnesota Cities Conference as well and stated he would provide further information on his seminars in his quarterly report. The City would need to prepare for the upcoming budgeting cycle but should note the economy will continue to turn around. City Administrator Ericson welcomed Jim Battin to the Charter Commission on behalf of the City of Mounds View. City Administrator Ericson noted City Hall would be closed on Monday, July 5�' in observance of Independence Day. C. Reports of City Attorney. City Attorney Riggs had nothing to report. 12. Next Council Work Session: Tuesday, 3uly 6, 2010, at 7:00 p.m. Next Council Meeting: Monday, July 12, 2010, at 7:00 p.m. Mounds View City Council June 28, 2010 Regular Meeting Page 16 13. ADJOURNMENT • The meeting was adjourned at 10:37 p.m. Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. • •