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HomeMy WebLinkAboutMinutes - 2023/08/28APPROVED PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting August 28, 2023 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 6:07 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Cermak, Gunn, and Meehlhause NOT PRESENT: Lindstrom. 4. APPROVAL OF AGENDA A. Monday, August 28, 2023, City Council Agenda. MOTION/SECOND: Gunn/Cermak. To Approve the Monday, August 28, 2023, agenda as presented. Ayes – 3 Nays – 0 Motion carried. 5. CONSENT AGENDA A. Approval of Minutes: August 14, 2023. B. Just and Correct Claims. MOTION/SECOND: Cermak/Gunn. To Approve the Consent Agenda as presented. Ayes – 3 Nays – 0 Motion carried. 6. SPECIAL ORDER OF BUSINESS A. Proclamation Recognizing November 2023 as Lung Cancer Awareness Month. Acting Mayor Meehlhause read a proclamation in full for the record declaring November 2023 to be Lung Cancer Awareness month in the City of Mounds View. MOTION/SECOND: Gunn/Cermak. To accept the Proclamation Recognizing November 2023 as Lung Cancer Awareness Month. Mounds View City Council August 28, 2023 Regular Meeting Page 2 Ayes – 3 Nays – 0 Motion carried. 7. PUBLIC COMMENT Rene Johnson, 7385 Pleasant View Drive, stated she was organizing a distribution of free books and this would be done at the City’s park shelters. She reported she was asking for 5,000 books in order to provide each elementary and middle student in Mounds View with three books and each high school student with one book. She explained she would be working with the Ardan project to conduct a park cleanup. She noted she would be partnering with Dr. Jean Strait on this event and noted an author would be in attendance to sign his book. Council Member Gunn thanked Ms. Johnson for her efforts on behalf of the community. Sharon Kirscher, 8406 Red Oak Drive, explained Mounds View has a cleanup day in September. She reported Ramsey County has an electronics drop off on Vandalia that is free. Dan Mueller, 8343 Groveland Road, thanked Don Peterson for all of his work at Festival in the Park. He wished Finance Director Beer all the best in his retirement. He commented on the organized trash collection negotiating team that had been formed by the City and encouraged the Council to appoint a member of the public to work alongside staff. Carol Mueller, 8343 Groveland Road, encouraged the Council to consider holding a Town Hall meeting in 2024. She reported Mounds View turned 65 this year in May. She believed what made Mounds View great for her, was that one year ago the Council determined a trial period would be considered for three additional stop signs on the north side of Mounds View Boulevard. She reported one of these stop signs would be at Groveland Road and Sherwood and another set was at the cul-de-sac on Groveland. She commented on Police Chief Zender’s recent report noting traffic on Groveland Road was on the rise. She urged the City Council to follow through with this commitment to the residents of Mounds View prior to the end of the year. 8. COUNCIL BUSINESS A. Resolution 9793, Assigning a new Treasurer and Deputy Treasurer. City Administrator Zikmund requested the council assign a new Treasurer and Deputy Treasurer. He explained this was necessary due to the staffing change with Finance Director Beer retiring and new Finance Director Bauman being brought on. MOTION/SECOND: Gunn/Cermak. To Waive the Reading and Adopt Resolution 9793, Assigning a new Treasurer and Deputy Treasurer. Ayes – 3 Nays – 0 Motion carried. B. Resolution 9789, Take from Table – Approving Contract with Tubman Professional Services. Acting Mayor Meehlhause removed this item from the table. Mounds View City Council August 28, 2023 Regular Meeting Page 3 City Administrator Zikmund requested the Council approve a contract with Tubman Professional Services. He clarified the contract with Tubman would be for two years. He commented further on the communities in Ramsey County that would be supporting Tubman financially. Council Member Gunn clarified this contract is for all of 2023, and 2024. City Administrator Zikmund reported this was correct. MOTION/SECOND: Cermak/Gunn. To Waive the Reading and Adopt Resolution 9789, Take from Table – Approving Contract with Tubman Professional Services. Ayes – 3 Nays – 0 Motion carried. C. PUBLIC HEARING: Introduction and First Reading of Ordinance 1008, Amending Chapter 12 of the City of Mounds View Charter by adding a New Section 12.16 adding a Severability Clause to the Charter. City Administrator Zikmund requested the Council introduce an Ordinance that would amend Chapter 12 of the City of Mounds View Charter by adding a new Section 12.16 adding a Severability Clause to the chapter. He reviewed the proposed language change and reported this item was coming to the City Council from the Charter Commission and does need to be adopted by the full Council. Acting Mayor Meehlhause opened the public hearing at 6:33 p.m. Rebecca Scholl, 2467 Hillview Road, explained she serves as the Vice Chair of the Charter Commission. She reported the Charter had a severability clause, but it was within a specific chapter. She indicated this language was pulled out in order to ensure it applies to the entire Charter. Hearing no further public input, Acting Mayor Meehlhause closed the public hearing at 6:35 p.m. MOTION/SECOND: Gunn/Cermak. To Waive the First Reading and Introduce Ordinance 1008, Amending Chapter 12 of the City of Mounds View Charter by adding a New Section 12.16 adding a Severability Clause to the Charter. Ayes – 3 Nays – 0 Motion carried. D. Resolution 9799, Take from Table – Approving Right of Way Acquisition – Long Lake Woods Second Addition. Acting Mayor Meehlhause removed this item from the table. City Administrator Zikmund requested the council approve the right of way acquisition for Long Lake Woods Second Addition. He explained this project was being proposed by seven long-term residents who wish to subdivide their properties in order to create a small single family housing Mounds View City Council August 28, 2023 Regular Meeting Page 4 development with 12 single family lots. He indicated the property would create an extension of Greenwood and the City has acquired the right of way. He stated preliminary project plans have been reviewed and final approval was still forthcoming. He reported there are two property owners that are adjacent but not participating that would be impacted by this project. He commented the Holl property will not be assessed for the improvements at the time of construction. Rather the public improvement costs will be captured at the time a residential home is constructed and connection to public utilities are made. The second parcel is owned by Benjamin and Shelly Doll who he spoke to today. He reported the public improvement costs will be captured for this property at the time a residential home is constructed and connection to public utilities are made. It was noted the Doll property had not granted right of way. Mr. Doll has informally advised the City he did not want to sell. Staff has been in contact via phone and through visits and he does not want to sell to the Council, even after being provided a written offer from the City. City Administrator Zikmund explained Marty Harstad has been retained by the seven property owners and Mr. Harstad visited with the Doll’s on Friday, August 11 and on Monday, August 14 and transmitted three different offers to the Doll’s, one to purchase the home, one to purchase the vacant lot and one to purchase the vacant lot while allowing 35 feet of property between the house and the new project. He reported Mr. Harstad had not received any communication from the Doll family or his attorney as of today. City Adm inistrator Zikmund stated the seven residents are ready to move forward with the project and the draft development agreement was ready for signatures. He indicated significant engineering had to be completed to allow for platting and to ensure the site was developable. He reported at this point, the City is being asked to acquire the property via eminent domain. Kennedy & Graven has advised the Council that this acquisition meets or exceeds all test requirements for eminent domain. He indicated the eminent domain process is spelled out in State Statute and this was the first step. Following adoption of the Resolution, it was noted negotiations can continue. City Administrator Zikmund explained there are significant penalties for the government entity to underbid the proposal, which include paying the court appointed price and the dependent’s legal fees, which was strong motivation for the City to make fair negotiations. He reported the City’s offer is consistent with the independent appraisal and higher than Mr. Doll’s appraisal. He commented on the County’s value for the entire lot ($20,600) and noted the right of way component was 4,000 square feet of the 24,000 square foot lot. He stated the County value was less than $1 per square foot and noted the Dolls have rejected a counter at $5 per square foot. He reported if the Council were to move forward with this matter, a neighborhood meeting would be scheduled. City Attorney Riggs stated there has been conversations between himself and the Doll family attorney. He reported discussions would continue along with negotiations. He indicated this was the next step in statutory right of way acquisition and staff recommended approval. City Administrator Zikmund reviewed a map noting the location and size of the right of way that was being acquired. Joe Holl, 2573 Sherwood Road, stated he owned property within this proposed development. He Mounds View City Council August 28, 2023 Regular Meeting Page 5 explained this has been something that has been going on for many years. He questioned how eminent domain could be used for public use on a private cul-de-sac. He understood several of the property owners have already developed land, and they lost access to the proposed development, which meant they now required additional right of way through two properties that do not want additional development. He reiterated that he disagreed with the use of eminent domain because this would be a cul-de-sac for a private development. He requested this project be shelved until the Council had five members and an elected mayor. Carol Mueller, 8343 Groveland Road, stated her sons were both in scouts and the dream of this development project came up when her boys were in Cub Scouts. She remembered a driveway that was built without being permitted and this driveway was located within an easement for a road that had been platted for at least 20 years. While she understood the concerns of Mr. Holl, she also understood seven residents have been trying to develop this land for the past 20 years. She hoped the Council would move forward with the eminent domain process rather than be bullied by one resident any longer. She commented further on how infield developments benefited the community. Martin Harstad, 2195 Silver Lake Road in New Brighton, explained he was helping the seven property owners develop this land. He reported two of the seven property owners were in attendance this evening. He commented on his efforts to communicate with Mr. Doll and thanked the City Council for considering this matter. Peggy Krieg, 2617 Sherwood Road, stated several years ago she and her husband bought a property on Sherwood Road. She explained the home she purchased was about to be condemned and she received $8,000 from a grant to cover the cost of demolishing the house and garage. She discussed how she was able to remove the blighted home in order to build a new home. She indicated she wanted to provide this same opportunity for other individuals. She encouraged the Council to support the request of the seven property owners and to allow this project to move forward. Rebecca Scholl, 2467 Hillview Road, stated she was scared by the thought of the City using eminent domain for this project. She explained she understood why it would be used when the entire City would benefit, but noted in this case only a select group of homeowners would benefit from the eminent domain. She questioned how this improved the quality of life for the remaining residents in Mounds View. In addition, she did not believe two weeks was enough time to negotiate with the property owners. She encouraged the City to allow more time prior to moving forward with the eminent domain. City Attorney Riggs clarified for the record an offer for the right of way acquisition has been on the table for over a year. He reported all of the property owners within the development would be allocating land for the proposed street. Mr. Harstad commented for the record, he has been trying to buy this land since 2019. He stated it was very strange that this land was not given when this lot was platted. Mr. Holl explained this project has been in the works since before he moved into this home in 2003, but he only heard about this coming before the Council just recently. Mounds View City Council August 28, 2023 Regular Meeting Page 6 MOTION/SECOND: Gunn/Cermak. To Waive the Reading and Adopt Resolution 9799, Approving Right of Way Acquisition – Long Lake Woods Second Addition. Acting Mayor Meehlhause reiterated that this process would not stop the negotiations process. City Attorney Riggs reported this was the case. City Administrator Zikmund explained it would be the City’s intent to make another formal offer to Mr. Doll tomorrow, based on the parameters set by the Council with a one week deadline. Acting Mayor Meehlhause thanked former Mayor Mueller for her comments regarding this item. Ayes – 3 Nays – 0 Motion carried. E. Resolution 9801, Accepting the Bid Received from Braun Intertec for Geotechnical and Pavement Evaluation Services. Public Works/Parks and Recreation Director Peterson requested the Council accept a bid from Braun Intertec for Geotechnical and Pavement Evaluation Services. He reported the City has completed over 44 miles of City streets and the next step was to complete mill and overlays of the roadways that were completed in 2009. He stated a pavement analysis and borings were required in order to better understand what has been happening with the asphalt. He commented further on the bid that was submitted by Braun Intertec and recommended approval. MOTION/SECOND: Gunn/Cermak. To Waive the Reading and Adopt Resolution 9801, Accepting the Bid Received from Braun Intertec for Geotechnical and Pavement Evaluation Services. Acting Mayor Meehlhause thanked staff for bringing this bid forward. He appreciated how hard the City was working to maintain its streets. Ayes – 3 Nays – 0 Motion carried. 9. REPORTS A. Reports of Mayor and Council. Council Member Cermak reported she watched the 70th Princess Kay of the Milky Way Coronation last Wednesday. She explained the 69th Princess Kay of the Milky Way provided a summary of highlights from her reign and noted her favorite event was the Daddy Daughter Dance she attended in Mounds View, Minnesota. She hoped in the coming years Princess Kay of the Milky Way would be able to attend this event again in the future. She stated the next Daddy Daughter Dance would be held on February 10, 2024. Council Member Gunn stated the next Tribute Committee meeting would be held on Tuesday, September 12. Mounds View City Council August 28, 2023 Regular Meeting Page 7 Council Member Gunn commented the Equity Committee would be meeting next on Tuesday, September 12. Acting Mayor Meehlhause thanked the Festival in the Park Committee for all of their efforts to put on this year’s festival. He thanked Mr. Peterson and the Public Works staff for all of their efforts as well. Acting Mayor Meehlhause asked if a resident could be added to the negotiating team that was working on organized trash collection. City Attorney Riggs stated it would not be the norm to have a resident on the negotiating team. He reported the information gained from the negotiations would be brought to the public once the process was completed. Further discussion ensued regarding how water is charged to Mounds View residents that were receiving water from Fridley. Council Member Cermak expressed concern with the Ardan Park signs that were posted throughout the community. She stated she had a bad experience and was treated poorly by the public over this issue and she did not like seeing these signs in the community. B. Reports of Staff. Finance Director Bauman explained another conduit debt opportunity may be coming to the Council in 2024. Public Works/Parks and Recreation Director Peterson reported the City Forester was concerned about the number of ash and oak trees that were dead and dying in the community. He indicated there were a large number of trees that would have to be removed in the coming year. He stated there were over 60 trees in the manufactured home park alone. Public Works/Parks and Recreation Director Peterson discussed the upcoming stormwater pond meetings and noted the first meeting would be held on September 21 at 5:00 p.m. at Silver View Park. The second meeting would be held on September 28 in the Council Chambers. Public Works/Parks and Recreation Director Peterson requested the Council allow the water meter contractor to use the Groveland Park building for the duration (September 2023 through June 2024) of the water meter replacement project. The Council supported this request. City Administrator Zikmund explained Ms. Rene Johnson was looking to use the park shelters, to distribute books if they are not being rented. The Council supported this activity. City Administrator Zikmund commented a local group has asked to use the Council Chambers on September 21 for a candidate forum for the two candidates for Mayor. He stated Nine North would be brought in for the event. City Administrator Zikmund stated the Council would be holding a Closed Session meeting on Tuesday, September 5. Mounds View City Council August 28, 2023 Regular Meeting Page 8 1. Additional October Workshop – Tuesday, October 3 City Administrator Zikmund suggested the Council hold an additional workshop meeting on Tuesday, October 3 for a meeting with County Commissioner Nicole Frethem. The Council supported this suggestion. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 10. Next Council Work Session: Tuesday, September 5, 2023, at 6:00 p.m. Next Council Meeting: Monday, September 11, 2023, at 6:00 p.m. 11. ADJOURNMENT The meeting was adjourned at 7:39 p.m. Transcribed by: Heidi Guenther Minute Maker Secretarial