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HomeMy WebLinkAboutMinutes - 2024/01/08APPROVED PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 8, 2024 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 6:10 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Cermak, Gunn, Lindstrom, and Meehlhause NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, January 8, 2024, City Council Agenda. MOTION/SECOND: Meehlhause/Cermak. To Approve the Monday, January 8, 2024, agenda as presented. Ayes – 4 Nays – 0 Motion carried. 5. CONSENT AGENDA A. Approval of Minutes: December 26, 2023 and January 2, 2024 (special) B. Just and Correct Claims C. Resolution 9854, Approving a Cost of Living Adjustment, Insurance Contribution, and Insurance Opt-out Payment amounts for 2024 D. Resolution 9852, Authorizing Revisions to Section 2.07 Part C, Insurance Benefits Enrollment, of the Personnel Manual E. Resolution 9853, Amend Resolution 9613 To Remove Part Time Job Titles and Replace with Regular Part-Time Employees Working 20 Hours Per Week F. Resolution 9858 Accepting Miscellaneous Donations for 2023 G. Resolution 9851, Approving the Hire of Joe Keding to Public Works Maintenance Worker – Utilities Position H. Resolution 9857, Approving Wage Adjustment for Mechanic Back Pay I. Resolution 9861, Authorize Ongoing Recruitment of 2024 Parks and Recreation Part Time Positions MOTION/SECOND: Gunn/Meehlhause. To Approve the Consent Agenda as presented. Mounds View City Council January 8, 2024 Regular Meeting Page 2 Ayes – 4 Nays – 0 Motion carried. 6. SPECIAL ORDER OF BUSINESS A. Ralph Reeder Food Shelf – Donation/Presentation. City Administrator Zikmund reported at a previous meeting the Council held a discussion about making donations to a number of non-profits from the City’s charitable gambling funds and tonight a donation would be made to the Ralph Reeder Food Shelf. He explained the City’s donation of $2,000 had been matched, which meant $4,000 would be donated to the Ralph Reeder Food Shelf. Mayor Lindstrom presented Misti Van Laar, a representative from the Ralph Reeder Food Shelf, with a check for $4,000 from the City of Mounds View. Misti Van Laar thanked the City for their generous donation to the food shelf. She noted she gave out more than a million pounds of food in 2023, which was a big increase over 2022. 7. PUBLIC COMMENT None. 8. COUNCIL BUSINESS A. PUBLIC HEARING: Resolution 9855, Approving an Off-Sale Intoxicating Liquor License for KM Rassel Zahid, Rassel Wine & Spirits, Inc. DBA Merwin Liquors, 2577 Mounds View Boulevard. (1) Resolution 9856, Approving a Cigarette/Tobacco License for Rassel Zahid, Rassel Wine & Spirits, Inc. DBA Merwin Liquors, 2577 Mounds View Boulevard. City Administrator Zikmund requested the Council consider an off-sale intoxicating liquor license for KM Rassel Zahid for Rassel Wine & Spirits at 2577 Mounds View Boulevard. He explained there was a change in ownership, which required a reconsideration by the Council. He noted all necessary paperwork and fees have been submitted to the City. In addition, the Council is being asked to consider a cigarette/tobacco license for the same establishment. Mayor Lindstrom opened the public hearing at 6:15 p.m. Rassel Zahid, the applicant, thanked the Council for considering his request. He explained he was purchasing Merwin Liquors and noted he owned another liquor store in Crystal, Minnesota. He indicated it was his goal to keep the liquor store safe in the community. Tommy Cohen, owner of Merwin Liquors, noted he supported the sale of the liquor store to Mr. Zahid. He reported Mr. Zahid knew how to run a liquor store and he valued running a good, clean liquor store for the community. He thanked the City Council for supporting his establishment over the years. Mounds View City Council January 8, 2024 Regular Meeting Page 3 Hearing no further public input, Mayor Lindstrom closed the public hearing at 6:18 p.m. MOTION/SECOND: Meehlhause/Cermak. To Waive the Reading and Adopt Resolution 9855, Approving an Off-Sale Intoxicating Liquor License for KM Rassel Zahid, Rassel Wine & Spirits, Inc. DBA Merwin Liquors, 2577 Mounds View Boulevard. Mayor Lindstrom welcomed Mr. Zahid to the City of Mounds View and thanked Merwin Liquors for being a great partner in the community. Ayes – 4 Nays – 0 Motion carried. MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9856, Approving a Cigarette/Tobacco License for Rassel Zahid, Rassel Wine & Spirits, Inc. DBA Merwin Liquors, 2577 Mounds View Boulevard. Ayes – 4 Nays – 0 Motion carried. B. Consideration of Planning Commission Chair. Assistant City Administrator Beeman requested the Council make a recommendation regarding the Planning Commission Chair. He explained the Planning Commission recommended Dennis Farmer serve as the Chair for 2024. MOTION/SECOND: Meehlhause/Cermak. To Appoint Dennis Farmer Chair of the Planning Commission for 2024. Council Member Meehlhause thanked Gary Rundle for serving as the Planning Commission Chair for the past several years and noted he appreciated Dennis Farmer’s willingness to serve as the Chair. Ayes – 4 Nays – 0 Motion carried. C. Resolution 9859, Creation of Organized Trash. City Administrator Zikmund requested the Council adopt a Resolution that would move forward with the creation of an organized trash options committee. He explained Minnesota Statutes allow cities to organize trash collection through a required procedure. He reported on March 6, 2023, the City Council directed staff to proceed with the research and planning process to establish organized trash collection. He stated on April 26 the City notified the public and all currently licensed trash collectors of the City’s intention. He noted on May 31 the City held three public engagement sessions regarding organized collection to determine what services and other factors were important to residents. In addition, a survey was taken of the public to learn about what was important to residents. He reported on June 26 the City invited all currently licensed haulers to a Council meeting for a meet and confer. He explained the Council discussed the citizen survey results on July 5 and August 7. He indicated on August 14 the Council held a public hearing and directed staff to begin the mandatory 60 day exclusive negotiation period with current license Mounds View City Council January 8, 2024 Regular Meeting Page 4 haulers. He stated on October 12 the City began negotiations and has met with the current license haulers on seven different occasions. City Administrator Zikmund explained if the City was unable to come to an agreement with the current collectors, it was the City’s intent to issue an RFP for organized collection. Before this could occur, the City Council must establish an organized collections options committee to identify and examine various methods of collection and appoint members of the committee. This would ensure the process of organized collection moves forward per State Statute. Staff recommended the Council move forward with the creation of an organized collections options committee, which shall be made up of two Councilmembers and two or three staff members. It was noted a recommendation from this committee will be brought back to the City Council based on their research and findings no later than February 1, 2024. He commented on how negotiations and discussions with the haulers has been stalled even with staff asking them repeatedly what information they need from the City. He stated the priority at this time would be to create the options committee with the goal of having a contract from the haulers to the City for discussion at the February 5 Council worksession meeting. If a contract was not provided by the haulers, the options committee will have a final report and the ability to issue an RFP. City Attorney Riggs explained the City was beyond the 60 days that were required. He indicated the reality was the City has given the haulers ample time to work through the negotiations process. Council Member Meehlhause asked if the timeframe required by statute was for the haulers to come forward with a contractual offering. City Attorney Riggs reported this was the case. Mayor Lindstrom explained the City has received a few letters from the haulers. City Administrator Zikmund reported Walters, Ace and Curbside have sent letters to the Council and staff from their legal firms. He noted Republic and Waste Management have not. He stated he understood the negotiations were difficult, but this was a process that had to be followed per State Statute. Mayor Lindstrom questioned if the City could move forward with the committee. City Attorney Riggs reported the City has followed all proper procedure and was allowed to move forward with the process, noting the City had provided double the amount of time that was necessary for the haulers. Julie Clark, 8005 Woodlawn Drive, noted she misunderstood what was being approved this evening. She explained she was concerned with the fact the haulers were upset the City was not negotiating in good faith given the fact there was an outstanding ballot question that could undo all of the work the City was conducting at this time. She was of the opinion organized trash collection would help some residents, but would hurt others. She noted she would like to have the opportunity to choose her own trash hauler, but recommended the number of licensed haulers be reduced. City Administrator Zikmund explained the City had no involvement in the ballot question that was brought forward. He noted this was initiated by a group, Haulers for Choice. He reported the lack of getting a contract, does not allow the City to have the price. For this reason, the City would be Mounds View City Council January 8, 2024 Regular Meeting Page 5 pursuing an RFP. Mayor Lindstrom explained it was the intention of the Council to not execute a contract until the City has the results of the ballot question, which would require a second vote. City Administrator Zikmund reported the ballot question amends the City Charter requiring the City to keep at least three licensed refuse haulers. He stated he was unaware of any other charter that has language like this. He noted the ballot question also requires the City to put the question of organized collection before voters at a State general election, which would not occur until November 2024. He indicated this has been taken into account and the City would not be implementing any process until the ballot question was completed in March. Sharon Kirscher, 8406 Red Oak Drive, stated she was not clear as to what will happen. She understood the haulers were negotiating and if they don’t come up with a contract, the City could pursue an RFP. She asked what would happen if an RFP was not acceptable. She questioned when the citizen committee would be formed. City Administrator Zikmund clarified the City Council was voting to form the options committee which would be made up of City Council and staff members. He reported members of the public would be able to attend these meetings, but would not be members of the committee. He explained if the haulers have a contract to the City by January 31, this will go to the Council on February 5. However, if they do not, the options committee will have a report that will then trigger an RFP process. Ms. Clark asked how the City determined who would serve on the options committee. Mayor Lindstrom stated the options committee and the citizens committee are the same thing. City Administrator Zikmund stated the options committee was not a City Commission. Rather, this committee would give advice to the City Council. He indicated the City has done much of the work necessary, in advance by engaging with the public because it made sense. He explained the recommendation made by the options committee would represent the work that has been conducted to date. He stated this was not a perfect process but noted the City has been reporting at every meeting as to the action staff has been taking regarding organized collection. Council Member Gunn indicated the options committee would be another set of eyes that would be looking at all of the information that has been collected. City Administrator Zikmund explained this was the case and noted the recommendation made by the options committee would be made at a public meeting. In addition, the RFP’s would be reviewed at a public meeting. Council Member Meehlhause stated putting aside the fact Mounds View was a charter city, he asked if cities have the legal right to limit the number of licenses available to specific businesses. City Attorney Riggs explained this was allowed. Mayor Lindstrom asked if the Council had to identify members for the options committee at this time. City Administrator Zikmund stated he would like the council to identify committee members. Council Member Gunn asked what staff members would serve on this committee. City Mounds View City Council January 8, 2024 Regular Meeting Page 6 Administrator Zikmund recommended Finance Director Bauman, Public Works/Parks and Recreation Director Peterson and himself serve on this committee. Mayor Lindstrom stated he would be interested in serving on the options committee. Council Member Meehlhause indicated he would be willing to serve as well. City Attorney Riggs reported three citizens could be appointed to the committee as well. Mayor Lindstrom explained Blake Downs has expressed interest in serving on the committee. Council Member Meehlhause suggested Commission members Gerald Arel and Gary Stevenson be considered for the committee as well. Mayor Lindstrom supported appointing Julie Clark to the committee as well. MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 9859, establishing an Organized Collection Options Committee in the City of Mounds View as discussed. Ayes – 4 Nays – 0 Motion carried. D. Resolution 9860, Approving Change Order for Installing Electric filters on the ABB VFDs part of the Main Water Treatment Plant Rehabilitation Project. Public Works/Parks and Recreation Director Peterson requested the Council approve a change order installing electric filters on the ABB VFDs part of the main water treatment plant rehabilitation project. He commented on the work that has been done at the main water treatment plant and explained the proposed change order would install electric filters on the ABB VFD’s. Council Member Meehlhause asked if the City would install VFD’s on all wells or just this one. Public Works/Parks and Recreation Director Peterson explained staff was looking into this, but for now staff was recommending this action be taken for the main water treatment plant. MOTION/SECOND: Meehlhause/Cermak. To Waive the Reading and Adopt Resolution 9860, Approving Change Order for Installing Electric filters on the ABB VFDs part of the Main Water Treatment Plant Rehabilitation Project. Ayes – 4 Nays – 0 Motion carried. City Attorney Riggs requested the Council recess the current meeting to closed session. He advised the City Council would be returning to an open session to finish Item 8E and the remainder of the agenda. MOTION/SECOND: Gunn/Meehlhause. To Recess the City Council meeting to a Closed Session meeting at 6:55 p.m. Mounds View City Council January 8, 2024 Regular Meeting Page 7 Ayes – 4 Nays – 0 Motion carried. MOTION/SECOND: Meehlhause/Gunn. To Reconvene the City Council meeting from a Closed Session meeting at 7:21 p.m. Ayes – 4 Nays – 0 Motion carried. E. Resolution 9862, Water Treatment Plant II. Public Works/Parks and Recreation Director Peterson requested the Council adopt a Resolution approving a tentative settlement agreement for the litigation for the work completed on Water Treatment Plant II. He explained this Resolution would rescind Resolution 9747 and rejecting the bids for the repairs on Water Treatment Plant II received December 19, 2023. He reviewed the project timeline for the work that was completed on the water treatment plant and discussed how staff worked with the contractor to remedy and correct problems with the plant. He noted the contractor has disputed any fault and the matter is in litigation currently pending in Ramsey County District Court. He reported additional work is required to ensure the treatment plant functions as designed with the goal to have the plant operational by peak water demand season for 2024. He noted the City has been in litigation for the past year and a half and recently participated in mediation. He stated a tentative settlement has been reached with the general contractor whereby the contractor agreed to perform the necessary repairs. It was noted the Council evaluated the settlement terms in a closed session held on January 8, 2024. He reported the Council previously approved Resolution 9747 on April 23, 2023 approving Changer Order 17 for additional work at Water Treatment Plant II. These repairs were to be completed by MBI. MBI informed the City the repair costs would be increased due to a subcontractor price increase. Public Works/Parks and Recreation Director Peterson explained the City Attorney recommended these repairs be placed out for public bidding. The City Council approved the bid process for the needed repairs in 2023 and Advanced Engineers put together the necessary plans and specifications. A bid opening was held on December 19, 2023. The City received two bids for the necessary repairs. The bids came from MBI for $442,000 and from Minnesota Mechanical Solutions for $451,000. Staff is recommending the Council approve the attached Resolution accepting the settlement agreement with the general contractor as outlined in the closed meeting from January 8, 2024, authorizing the general contractor to perform the necessary repairs to Water Treatment Plant II and to resolve the litigation on the 2019 water treatment rehabilitation project. Staff also recommends the Council rescind Resolution 9747 approving change order No. 17 for the additional work at Water Treatment Plant II and recommends the City Council reject the bids the City received on December 19, 2023 for the repair of Water Treatment Plant II. Mayor Lindstrom asked what the importance was of having Water Treatment Plant II back online. Public Works/Parks and Recreation Director Peterson explained this would help the City in meeting the high water demands during the summer. He stated over the past two summers the City has not been able to reach critical water demands, while also providing the City with redundancy within the water system. Mounds View City Council January 8, 2024 Regular Meeting Page 8 City Administrator Zikmund commented this item was not in the public packet because it was not a public document until the Council got done with the closed session meeting. Council Member Gunn reviewed three minor changes to Resolution 9862 with staff. MOTION/SECOND: Gunn/Cermak. To Waive the Reading and Adopt Resolution 9862, approving a tentative settlement agreement to resolve litigation relating to the 2019 Water Treatment Plant Rehabilitation Project as amended. City Administrator Zikmund reported the settlement agreement compels the original contractor to repair the plant to get it up and running by May 15, 2024. He noted this agreement covers all of the City’s out of pocket expenses for the repairs. Michelle Weinberg, Kennedy & Graven, reported the alternative would have been for the City to spend over $442,000 on repairs and to continue with litigation in hopes of recovering these expenses. She explained nothing would have been guaranteed in the case before a jury. She believed it was in the City’s best interest to take the offer from the general contractor to make the repairs. Mayor Lindstrom stated he supported the settlement agreement moving forward and he appreciated the fact the work would be done by May 15. Ayes – 4 Nays – 0 Motion carried. MOTION/SECOND: Gunn/Cermak. To Rescind Resolution 9747 and rejecting all bids the City received on December 19, 2023 for the repair of Water Treatment Plant II. Ayes – 4 Nays – 0 Motion carried. 9. REPORTS A. Reports of Mayor and Council. Council Member Cermak reported the Mounds View Police Foundation would be meeting on Tuesday, January 16 at 5:30 p.m. at Hodges Park where the Daddy Daughter Dance would be discussed. She noted the dance would be held on Saturday, February 10. Council Member Cermak noted she would be serving as the liaison to the Festival in the Park Committee in 2024. Council Member Cermak explained the Irondale All Night Party Committee would be hosting a fundraiser at Dos Hermanos on Wednesday, January 17 from 4:30 p.m. to close. Council Member Gunn reported the Tribute Park Committee would be meeting on Tuesday, January 9 at 6:30 p.m. at City Hall. Mounds View City Council January 8, 2024 Regular Meeting Page 9 Council Member Meehlhause explained he would be attending an NYFS Governance Committee this meeting along with an NYFS Finance Committee meeting the next week. In addition, the Convention Bureau Executive Committee would be meeting to review the proposed board’s bylaws. Mayor Lindstrom stated he attended an 8 Cities meeting today and the group discussed Flock. He explained New Brighton has a new taproom that just opened called the Northern Soda Company. Mayor Lindstrom reported he testified in the senate earlier in 2023 on behalf of pardon reform. He explained a part of this legislation being passed was the creation of a clemency commission for people to review pardons. He stated the legislation changed the law in that obtaining a pardon used to require a unanimous decision and now requires a majority decision. He noted there was a back log of 1,500 applications at this time and noted he was proud to report he received one of the governor’s appointments to the clemency commission. He stated this appointment would run from December 20, 2023 through January 4, 2027. B. Reports of Staff. Finance Director Bauman noted the auditors visited with City staff last week. She asked that the Council fill out their conflict of interest forms and provide these to staff as soon as possible. City Administrator Zikmund stated he has had some success in filling the permanent part-time positions the City had open. City Administrator Zikmund explained he has engaged with the fire departments recruitment and retention coordinator to help with police department recruitment. He commented this individual would be working with the City for the next six weeks to offer her assistance. He stated the goal would be to assist with filling the four patrol vacancies the department had at this time. City Administrator Zikmund stated the City would be holding public informational meetings on the Tribute Park on Wednesday, January 31 at 10:30 a.m. and 6:00 p.m. at the Community Center. City Administrator Zikmund commented on some upgrades and updates that would be made at the police department and requested the Council allow him to spend up to $6,000 on these upgrades. MOTION/SECOND: Gunn/Meehlhause. To allow staff to spend up to $6,000 to replace the Sergeant’s lockers within the Mounds View Police Department. Ayes – 4 Nays – 0 Motion carried. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 10. Special Council Work Session: Monday, January 29, 2024, at 6:00 p.m. Next Council Work Session: Monday, February 5, 2024, at 6:00 p.m. Mounds View City Council January 8, 2024 Regular Meeting Page 10 Next Council Meeting: Monday, January 22, 2024, at 6:00 p.m. 11. ADJOURNMENT The meeting was adjourned at 8:01 p.m. Transcribed by: Heidi Guenther Minute Maker Secretarial