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HomeMy WebLinkAboutMinutes - 2024/02/26APPROVED PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 26, 2024 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 6:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Cermak, Lindstrom, and Meehlhause NOT PRESENT: Gunn 4. APPROVAL OF AGENDA A. Monday, February 26, 2024, City Council Agenda. MOTION/SECOND: Meehlhause/Cermak. To Approve the Monday, February 26, 2024, agenda as presented. Ayes – 3 Nays – 0 Motion carried. 5. CONSENT AGENDA Council Member Meehlhause asked to remove Item 5C. A. Approval of Minutes: February 12, 2024. B. Just and Correct Claims. C. Resolution 9876, Nominating Jim Freichels as Mounds View representative to the Spring Lake Park-Blaine-Mounds View Fire Department Board of Directors. D. Resolution 9878, Appointing Chair to the Parks and Recreation and Forestry Commission. MOTION/SECOND: Meehlhause/Cermak. To Approve the Consent Agenda as amended removing Item 5C. Ayes – 3 Nays – 0 Motion carried. Mounds View City Council February 26, 2024 Regular Meeting Page 2 C. Resolution 9876, Nominating Jim Freichels as Mounds View representative to the Spring Lake Park-Blaine-Mounds View Fire Department Board of Directors. Council Member Meehlhause acknowledged former Mayor Joe Flaherty and thanked him for serving as the representative to the SBM Fire Board for the past six years. He then thanked Jim Freichels for being willing to serve as the SBM Fire Board representative. MOTION/SECOND: Meehlhause/Cermak. To Waive the Reading and Adopt Resolution 9876, Nominating Jim Freichels as Mounds View representative to the Spring Lake Park-Blaine-Mounds View Fire Department Board of Directors. City Administrator Zikmund explained Jim Freichels met with the Fire Chief for over an hour in order to get up to speed on the SBM Fire Department. Ayes – 3 Nays – 0 Motion carried. 6. SPECIAL ORDER OF BUSINESS A. 2023 MVPD Annual Report – Chief Zender. Police Chief Zender commented on the recent tragedy that occurred in Burnsville and stated he has appreciated the outpouring of support from the community. He stated his thoughts and prayers go out to the families of the officers and firefighter that were involved in this tragedy. He explained there was a somber mood at the Mounds View Police Department and throughout the entire law enforcement community. He discussed how important it was for the community to support public safety providers at this time. Police Chief Zender presented the 2023 Mounds View Police Department Annual Report to the Council. He commented on how well the department managed the presidential motorcade in coordination with Public Works and Secret Services. He reviewed the numerous ways the department conducted community outreach in the previous year which included coffee with a cop, rock wall events, Night to Unite and Festival in the Park. He thanked all of the volunteers who made the Festival in the Park possible and thanked the community for donating coats to the coat drive. He discussed the departments staffing levels and noted Police Chief Harder retired in 2023 after 26 years of service. He commented further on the staffing changes that occurred in the previous year. He reported the K-9 team continues to be a tremendous asset for the department, as were the department’s reserve officers. He discussed the training his officers had received in the previous year and described how Flock had been used to assist with several criminal apprehensions. He explained he would be working on conducting a New Americans Academy and a safety fair in 2024. Council Member Meehlhause asked how many officers were serving in the reserve program. Police Chief Zender stated there were four reserve officers at this time. Mounds View City Council February 26, 2024 Regular Meeting Page 3 Council Member Meehlhause questioned if there was an update regarding the Flock implementation. Police Chief Zender explained he was still waiting on permitting from Ramsey County. He stated he was eager to get this system installed in the community. Council Member Meehlhause requested further information regarding the New Americans Academy. Police Chief Zender explained the Mounds View Police Department collaborated with the City Attorney, County Attorney and SBM Fire to provide new Americans with classes to familiarize these individuals on the services provided by the City, police and fire. He reported he would be working to schedule an academy in 2024. Council Member Meehlhause thanked Police Chief Zender and the entire department for their dedicated service to the community. Mayor Lindstrom asked if residents could volunteer for the reserve program. Police Chief Zender explained those interested in volunteering could fill out an application on the department’s webpage. Mayor Lindstrom requested further information regarding the reality based training the officers would be receiving. Police Chief Zender reported he ordered simunition guns and protective gear for scenario based training, which could be done at Bridges or the Blaine Tach house. Mayor Lindstrom questioned if the SRO’s were at Pinewood and Edgewood. Police Chief Zender stated the school resource officers were currently servicing at both Pinewood and Edgewood, but were not under contract. He noted the department invoices the school district for SRO services through a good faith agreement. He explained it was his understanding the school district was working on a contract for the future. Mayor Lindstrom commented on how calls for service have normalized since 2020. Police Chief Zender reported this was the case. He commented further on how the Ramsey County Appropriate Response model would impact calls going forward. He stated professionally trained public health responders from St. Paul would be sent to mental health calls going forward instead of sending police and fire. B. 2023 Tubman Annual Report – Jennifer Dickinson. Jennifer Dickinson, representative from Tubman Services, provided the Council with the annual report for 2023 from the Tubman Organization. She described the legal advocacy services that were provided to victims and survivors of domestic violence. She noted a lot of her time was spent on criminal cases on domestic incidents. She commented on the challenges she faced due to complex family issues and court delays. She explained she would be attending roll calls in 2024 in order to get to know officers better and to speak to officers about domestic violence and violations of orders for protection. She thanked the City and Mounds View Police Department for partnering with Tubman. Mounds View City Council February 26, 2024 Regular Meeting Page 4 Council Member Meehlhause asked if Tubman partnered with NYFS. Ms. Dickinson explained she does not typically partner with NYFS because the organizations provide different services, but noted she would be meeting with them next week to talk further about collaboration. Council Member Meehlhause inquired if Ms. Dickinson was familiar with CSC. Ms. Dickinson was not. Council Member Meehlhause explained CSC (Community Support Center) was a small non-profit located in New Brighton that services residents of New Brighton, Mounds View, Arden Hills and Shoreview. This organization helps residents who are on the verge of losing their housing and noted this may be another resource for Tubman. Council Member Cermak stated she has used Tubman services and she would not be here today without them. She urged the community to support Tubman. Mayor Lindstrom thanked Ms. Dickinson for her presentation and for all of the assistance she provides to Mounds View residents. 7. PUBLIC COMMENT Vince Meyer, 8380 Spring Lake Road, discussed the cement warranty work that would be completed on Spring Lake Road. He reported 14 of 17 driveways had cement popping, along with the curb. He noted three driveways were installed too narrow and asked when this would be corrected. He questioned if Schifsky would be completing the correction work. He expressed concern with the fact the asphalt that was installed went three inches too far onto the curbing, which was now crumbling and running into the storm sewer. He questioned if the sewer line issue had been addressed. He encouraged the Council to drive down Spring Lake Road to take in the poor workmanship of this roadway. Bob King, 7408 Silver Lake Road, stated with what happened in Burnsville and due to the fact, the department was short four officers, he understood morale within the Mounds View Police Department was down. He understood officers were working a lot of hours and he suggested the City put together an appreciation day for Mounds View Police Officers. Mr. King encouraged the Council to introduce themselves to the three new residents of Mounds View that were attending this meeting. Luke Edmond, 8407 Spring Lake Road, commented on the request his wife made for stop signs at 84th and Spring Lake Road along with Arden and Spring Lake Road. He noted Public Works declared that criteria had not been met to install stop signs at either of these intersections. He was told the next step was to make a request to the City Council. He requested the Council consider installing stop signs at 84th and Spring Lake Road and at Arden and Spring Lake Road. City Administrator Zikmund reported once a petition was submitted the request would be considered by the City Council. He stated he would follow up with Mr. Edmond to ensure he receives a copy of a petition. Mounds View City Council February 26, 2024 Regular Meeting Page 5 8. COUNCIL BUSINESS A. PUBLIC HEARING: Resolution 9880, Approval of the Private Inflow and Infiltration Grant and Program. Public Works/Parks and Recreation Director Peterson requested the Council approve the private inflow and infiltration grant program. He noted the City applied for a grant through the Met Council to assist the City participating in a private inflow and infiltration program. He reported the City was awarded $50,000 in grant funding. Staff recommended the Council approve the grant and program. Council Member Meehlhause asked if homeowners would receive the funding before or after the work was done. Public Works/Parks and Recreation Director Peterson reported a homeowner would receive the $2,500 in grant funding after the work was completed. Mayor Lindstrom inquired if residents would have to pay taxes on the $2,500 grant funding. Public Works/Parks and Recreation Director Peterson stated he was uncertain. City Administrator Zikmund anticipated residents would have to pay taxes on this grant funding because residents would receive a 1099. Mayor Lindstrom opened the public hearing at 7:05 p.m. Sharon Kirscher, 8406 Red Oak Drive, asked why houses built prior to 1960 would be a priority. She explained she remembered when sewer lines came into Mounds View and noted homes used to have private septic systems. City Administrator Zikmund reported the City has substantial data that shows pre-1960 homes have over a 90% to 95% failure on these lines. He noted the goal of this grant from the Met Council was to reduce inflow and infiltration into the sanitary sewer system. For this reason, pre-1960 homes were being targeted. Hearing no further public input, Mayor Lindstrom closed the public hearing at 7:07 p.m. MOTION/SECOND: Meehlhause/Cermak. To Waive the Reading and Adopt Resolution 9880, Approval of the Private Inflow and Infiltration Grant and Program. Council Member Meehlhause commented on how the homes built before 1960 had cast iron piping and over time the joints in these lines were leaking. Mayor Lindstrom asked if the City would be sending letters to the 450+ homes that were built pre- 1960. Public Works/Parks and Recreation Director Peterson explained staff would be completing this task. Ayes – 3 Nays – 0 Motion carried. B. Resolution 9879, Approving Electric Output Filters for VFD’s. Public Works/Parks and Recreation Director Peterson requested the Council approve the purchase Mounds View City Council February 26, 2024 Regular Meeting Page 6 of electric output filters for VFD’s. He described how VFD’s have been installed throughout the City along with electric output filters and recommended the Council approve the installation at Treatment Plant 2 and 3. He reported this expense for this project would come from the Water Fund. Mayor Lindstrom questioned how long these filters would last. Public Works/Parks and Recreation Director Peterson reported annual maintenance would occur on the filters and VFD’s to make sure they were operating correctly. He stated he did not know the life span for the filters. MOTION/SECOND: Meehlhause/Cermak. To Waive the Reading and Adopt Resolution 9879, Approving Electric Output Filters for VFD’s. Ayes – 3 Nays – 0 Motion carried. C. Approving the Purchase of One Police Administrative Vehicle Along with Additional Equipment and Setup Costs. Police Chief Zender requested the Council approve the purchase of one police administrative vehicle along with additional equipment and setup costs. He explained this investigations vehicle was on the replacement schedule and was budgeted for 2024. He stated this vehicle was put out to the State bid and the total expense would be $34,930.32. It was noted this expense would be covered by the Vehicle and Equipment Fund. Council Member Meehlhause questioned how many miles the department typically puts on its administrative vehicles. Police Chief Zender estimated he put 90,000 on his squad in seven years and marked squads put 90,000 to 95,000 miles before needing to be replaced. Mayor Lindstrom asked if this would be the first Hyundai Sonata for the department. Police Chief Zender stated this squad would be used for investigations and surveillance. He reported the BCA uses a lot of Hyundai Sonatas. MOTION/SECOND: Meehlhause/Cermak. To Approve the Purchase of One Police Administrative Vehicle Along with Additional Equipment and Setup Costs. Ayes – 3 Nays – 0 Motion carried. D. Resolution 9882, Approving a Maintenance Agreement for Installation of a Storm Sewer Pipe in the Public Right of Way with Marco and Abigail Montermini at 7655 Pleasant View Drive. Public Works/Parks and Recreation Director Peterson requested the Council approve a maintenance agreement for installation of a storm sewer pipe in the public right of way with Marco and Abigail Montermini at 7655 Pleasant View Drive. He explained the property owners purchased the property and built a new home. After the home was completed, the applicants were concerned with their lack of yard and spoke with City staff. He stated staff began working with the property owners and Anderson Engineering on different options. He noted a retaining wall was Mounds View City Council February 26, 2024 Regular Meeting Page 7 proposed along with a deeper infiltration basin in order to allow for the regrading of the lot adding more flat or useable area next to the home. He reported in order to achieve this desired outcome, a storm sewer pipe would have to be installed connecting the two infiltration basins underneath the driveway of the property. Staff reviewed the plans and found the pipe was not located entirely on private property and a portion was located on within the City right of way. He indicated staff explored additional drainage scenarios, but this was the most desired option. Staff spoke with the City Attorney to draft an agreement regarding the storm sewer pipe that was located on a portion of City right of way. He stated the property owner will be responsible for maintaining the pipe with the stipulation that if the City has to step in or repair the pipe, the homeowner will pay the City back for these costs. He explained this agreement will be filed with the County and will remain with the property until the pipe is removed. Staff recommended the Council approve the maintenance agreement for filing with the County. MOTION/SECOND: Meehlhause/Cermak. To Waive the Reading and Adopt Resolution 9882, Approving a Maintenance Agreement for Installation of a Storm Sewer Pipe in the Public Right of Way with Marco and Abigail Montermini at 7655 Pleasant View Drive. Ayes – 3 Nays – 0 Motion carried. E. Resolution 9881, Approving Final Pay App and Project Close for the 2021 Water Treatment Rehabilitation Project. Public Works/Parks and Recreation Director Peterson requested the Council approve the final pay and project close for the 2021 Water Treatment Rehabilitation Project. He explained Municipal Builders Inc. submitted the lowest bid and was awarded the 2021 Water Treatment Rehabilitation Project on April 12, 2021. He stated Municipal Builders worked on this project from 2021 through 2024, noting substantial completion was September 6, 2022. He reported a punch list was prepared after the project was substantially completed for the remainder of minor work and those repairs were completed for the project close out. It was noted the City has been withholding final payment until Municipal Builders pending completion of the punch list. He indicated the original contract was for $1,827,000 and after change orders the revised contract amount was $2,072,468.38. The remaining payment owed to the MBI was $434,861.97. Staff requested Council approve the final payment in this amount. MOTION/SECOND: Meehlhause/Cermak. To Waive the Reading and Adopt Resolution 9881, Approving Final Pay App and Project Close for the 2021 Water Treatment Rehabilitation Project. Ayes – 3 Nays – 0 Motion carried. 9. REPORTS A. Reports of Mayor and Council. Council Member Cermak stated the Mounds View Police Foundation would be hosting a fundraiser at the Culvers in St. Anthony March 8 through March 10. She encouraged residents to come down and purchase a concrete mixer to help support the Mounds View Police Foundation. Mounds View City Council February 26, 2024 Regular Meeting Page 8 Council Member Cermak reported the Festival in the Park Committee was in need of volunteers to assist with fundraising for this year’s event. She noted the Festival would be hosting an Easter Egg Hunt on Saturday, March 30 at Silver View Park at 10:00 a.m. Council Member Cermak explained she attended the Emblems Masque for Boy Scouts and Girls Scouts at the Basilica in St. Paul last week. Council Member Meehlhause stated the Community Center would be hosting a St. Patrick’s Day event on Sunday, March 17 from 3:00 p.m. to 7:00 p.m. and the Mounds View Lions would be serving corned beef and cabbage for an in kind donation. Council Member Meehlhause reported the Lions would be hosting a waffle dinner on Wednesday, March 13 at Abiding Savior Church from 4:30 p.m. to 6:30 p.m. for an in kind donation. All proceeds from this event will be donated to the Ralph Reeder Food Shelf. Mayor Lindstrom stated he met with a Met Council representative along with the City Administrator where grant funding for the City of Mounds View was discussed. Mayor Lindstrom explained he attended the Sunnyside PTA meeting last Tuesday. He noted this group was working on the spring carnival. Mayor Lindstrom welcomed the new residents in attendance to Mounds View. He stated he appreciated these new residents reaching out and for attending this meeting. B. Reports of Staff. Finance Director Bauman explained the auditors were onsite doing field work and should be wrapped up in the coming weeks. Public Works/Parks and Recreation Director Peterson reported a neighborhood meeting was scheduled for Monday, March 11 to discuss Silver View Pond. He explained Stantec has completed the plans for the pond and staff was looking to remove invasive species of trees and shrubs. He commented on how the oak trees would be protected. He stated water quality issues would be addressed within the park and the surrounding neighborhoods, specifically with the H2 Flats. He indicated ongoing maintenance would occur in the coming years to address buckthorn. City Administrator Zikmund stated the changes within Silver View Pond would be significant and dramatic, and would take three to five years to complete. He indicated the pond would look better after the plans were completed. Public Works/Parks and Recreation Director Peterson reported staff met with Rice Creek Watershed and discussed the plans for Silver View Pond. He explained the City would be applying for grant funding to assist with the water quality cleanup work. He discussed how the trail around the pond would have to be relocated in order to assist with protecting the water. Mounds View City Council February 26, 2024 Regular Meeting Page 9 Mayor Lindstrom requested staff speak with representatives from the H2 Flats to see if it would be possible to get a trail from the H2 Flats. Public Works/Parks and Recreation Director Peterson explained he would speak to H2 Flats regarding this matter and would report back to the City Council. Public Works/Parks and Recreation Director Peterson reported weight restrictions went into effect on Monday, February 26. Public Works/Parks and Recreation Director Peterson provided the Council with an update on the work being done on Water Treatment Plant 2. He stated the goal was to have this plant up and running by April 1. Public Works/Parks and Recreation Director Peterson explained staff has been reaching out to residents with diseased trees and he was proud to report he was down to three properties. He thanked the City Arborist Kris Paulseth for his assistance with this matter. Public Works/Parks and Recreation Director Peterson stated the Council would be discussing wetland banking in March. Public Works/Parks and Recreation Director Peterson reported the Parks and Recreation Department would be hosting a 3 on 3 basketball tournament on Thursday, March 14. City Administrator Zikmund stated Councilmember Gunn was out of town on a family medical emergency and she may not be back by next Monday. He asked if the Council was open to holding the worksession meeting on Tuesday or Wednesday of next week. The Council supported moving the meeting to Wednesday, March 6. City Administrator Zikmund provided the Council with an update on the garbage hauler negotiations. He explained he met with the haulers last Monday and Friday where the contract was reviewed. He reported the haulers met this Monday to review the contract and he would be reviewing the complete proposal with the haulers on Tuesday, February 27. He indicated the negotiations with the haulers have been very positive. City Administrator Zikmund stated early voting opened today for the upcoming election. City Administrator Zikmund reported staff and WSB would be providing the Council with a presentation on the master parks plan proposals in March. City Administrator Zikmund reviewed the matters the Council would be discussing at the March work session meeting. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 10. Next Council Work Session: Wednesday, March 6, 2024, at 6:00 p.m. Mounds View City Council February 26, 2024 Regular Meeting Page 10 Next Council Meeting: Monday, March 11, 2024, at 6:00 p.m. 11. ADJOURNMENT The meeting was adjourned at 7:48 p.m. Transcribed by: Heidi Guenther Minute Maker Secretarial Vince Meyer 8380 Spring Lake Road Spring Lake Park, MN 55112 February 27, 2024 Dear Vince; Following up on your concerns shared at the February 26, 2024 Council meeting I offer you the following responses/information. "In regards to the warranty work on Spring Lake Road. We'd like to know who determined the bad cement on the Road, there's 14 to 17 driveways that we have cement popping right now, and were now finding that the curb is now popping. Not the driveways, the curb is now popping." On February 13, 2024, the morning after the council meeting I emailed you the following: Director Peterson articulated the change that has/will be occurring at Schifsky. They are still the contractor of record. There is warranty work yet to be done. They have committed to finishing the project. That will not be done until warmer weather arrives. We are holding bond and retainage should the work not be done so we can contract with another qualified contractor. Prior to that being paid, inspections will be done by us and the state as it is an MSA road. We are aware there are imperfections in the road. The inspection process will determine if they meet the engineering standards and plan specifications as detailed in the construction documents. • Additionally; o Specific to who determined the bad cement— Core samples were collected and analyzed by a certified lab. Thus, the lab determined. o Specific to "there are 14 to 17 driveways and curb" — There is likely more than that, there is no purpose in tallying the number as all concrete that is showing failure will be replaced. The City is fully aware of the issue as communicated above. All work is still under warranty and final payment and bond release will not occur until all warranty work is completed to plan specifications. "We got three driveways that they put in the wrong size driveways, they made it too small, supposed to be larger, three of them. Like to know, when is that going to be taken care of?" • The city has not received any communication from any property owner regarding this statement. Further, the city did not construct, or reconstruct any driveway as part of this project. If a homeowner has a concern, that homeowner needs to contact Director Peterson. "And since Schifsky is selling off all their equipment this spring, who's going to do the work. Another thing, when they did the tar, the asphalt, they overlaid the curb 3 inches, so that's all breaking off, I advise you to drive down the road and see all the crumbliness of the tar that going to into our sewer line. Pleasantview its isn't happening, SLP Road, it is happening, both side of it, its crumbling and its all going go down our sewer, it's an issue." • Schifsky is still in business, Schifsky is still the contractor of record, Schifsky still has retainage and a bond, Schifsky will remain as the General Contractor on the job. Whom they contract as subcontractor to do the work, is their contractual right. • The contract requires all work, including warranty work to be completed by the end of June, 2024. Note — Contractor could request an extension but must justify. • Staff will be investigating the "crumbling tar" and following up as appropriate. "And then, no response on if they took care of that sewer issue, why did they go back to the original contractor that did the damage, we don't get any answers, and are we going to pay for that when we have to line it, why aren't they going to take it out and do it correctly the first/ah second time correctly, why do we have to wait, why was it not done correctly when they found it, we have no answers." • On February 13, 2024, the morning after the council meeting, I emailed you the following: o The city is very aware of this and has had it repaired twice, by contractors who are qualified and have done this work before. They are chosen thru the bidding process established in state statute. No one is quite sure what is happening but we're working at depths in excess of 25' and once we backfill there is limited diagnostic ability — other than putting the camera thru. We will be trying the vibration technique first given the alternative of digging again. • Nothing has changed since the February 13, 2024. o We are working to schedule the contractor that does the vibration technique this spring once the frost comes out and the soils stabilize. o While the weather outside has people thinking it is Spring, the Date is still February and we have plenty of winter that could occur. Director Peterson mentioned that the MnDOTjust put into place Spring Road Restrictions, these typically do not go into place until mid to late March depending on the weather. Contractors typically do not start work until these restrictions have been lifted —typical year is early May. "And then Don brought up, it was saying, it was not, nothing was coming out of our project on this project, well, $17,000 worth of wrong wire was put in, and guess what, it came out of our taxpayer money, $17,000 that was not supposed to, no answers, why who, and then say there's a loophole in the contract, did our attorney sign that, where there was a loophole that did not make them responsible, I don't know, I'm still going to do some investigating." • We discussed this when you stopped in a week or so ago and I explained/shared with you the following. o The $17,000 is related to lighting on the trail which is a separate bid but was done in conjunction with the street project (the trail was the project with lighting added) o The wrong wire was ordered as the poles are manufactured for LED and the channel is smaller as the LED use less energy. The incorrect wire for the style of pole and light did not match, this was discovered when the electrician tied to wire the poles after they were set. Several options were looked into with the less costly option chosen. o The attorney did review the contract. The City Attorney reviews all contracts and agreements for the City. a The contractor put in the wire that was called for in the plans and specs, a change order was needed to correct the error that occurred, in all projects there is bult in a contingency for any unforeseen issues that arise during the project, this project is currently running below the estimated costs with change orders. o There are no loopholes in the contract that we are aware of. o The city could pursue litigation to recover, the city has pursued litigation on other contract breaches, the city made a conscious decision not to litigate knowing from experience legal costs would have likely exceeded recovery costs. In closing; Your allegation "we don't get no / any answers" is misleading or inaccurate as I did follow-up in writing on the morning of 131" after the council meeting on the 121". I have also made myself available to meet with you when you have stopped in. You are certainly welcome to email me, call me, or stop in to discuss your concerns. City Administrator Nyle Zikmund