HomeMy WebLinkAboutMinutes - 2024/03/25APPROVED
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
March 25, 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, Gunn, Lindstrom, and Meehlhause
NOT PRESENT: None.
4. APPROVAL OF AGENDA
A. Monday, March 25, 2024, City Council Agenda.
MOTION/SECOND: Gunn/Meehlhause. To Approve the Monday, March 25, 2024, agenda as
presented.
Ayes – 4 Nays – 0 Motion carried.
5. CONSENT AGENDA
A. Approval of Minutes: None.
B. Just and Correct Claims.
C. Resolution 9895, Adopting a Calendar for the Preparation of the 2025 Budget.
MOTION/SECOND: Meehlhause/Gunn. To Approve the Consent Agenda as presented.
Ayes – 4 Nays – 0 Motion carried.
6. SPECIAL ORDER OF BUSINESS
None.
7. PUBLIC COMMENT
Sharon Kirscher, 8406 Red Oak Drive, commented on the racial covenants that were in place on
the two new properties the City of Mounds View purchased. She recommended the racial
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Regular Meeting Page 2
covenants be removed along with any racial covenants that were in place on any City owned
property.
Robert Edmond, 7835 Groveland Road, commented on the property that was sold or given to
Medtronic. He asked if the land had a prior agreement in place that required the land to remain
recreational.
Assistant City Administrator Beeman explained he has not seen an agreement that would have
required this land to remain recreational. He reported the land was previously a golf course.
City Attorney Riggs indicated he was not aware of any title restriction either.
Councilmember Gunn recalled that when Medtronic purchased and built on this land, there was
talk that Medtronic would install a walking trail for their employees and all Mounds View residents
would be allowed to use this trail. She indicated this was an idea from Medtronic and was not
required by the City.
8. COUNCIL BUSINESS
A. PUBLIC HEARING: Resolution 9893, Approving a Chicken-Keeping License
for Megan Oswald Schwerr, 5381 Jackson Drive.
City Administrator Zikmund requested the Council consider a chicken-keeping license for Megan
Oswald Schwerr at 5381 Jackson Drive. He reported all necessary paperwork and fees have been
submitted to the City and staff recommends approval.
Mayor Lindstrom opened the public hearing at 6:09 p.m.
Megan Oswald Schwerr, 5381 Jackson Drive, thanked the Council for considering her request.
She believed this would be a great learning experience for her children. She stated she would start
with five chickens.
Luke Edmond, 8407 Spring Lake Road, indicated he supported the chicken keeping request. He
asked if residents could raise roosters.
Mayor Lindstrom stated this was not allowed.
Hearing no further public input, Mayor Lindstrom closed the public hearing at 6:11 p.m.
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9893,
Approving a Chicken-Keeping License for Megan Oswald Schwerr, 5381 Jackson Drive.
Ayes – 4 Nays – 0 Motion carried.
B. PUBLIC HEARING: Ordinance 1013, Easement Vacation for Alexander
Gardens.
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Phil Carlson, Stantec, requested the Council consider a drainage and utility easement vacation for
Alexander Gardens. He provided further comment on how the rear lot line had been adjusted
between the Alexander and Wilcox properties. He explained the Public Works staff and Planning
Commission reviewed this matter and recommended approval.
Mayor Lindstrom opened the public hearing at 6:14 p.m.
Hearing no public input, Mayor Lindstrom closed the public hearing at 6:14 p.m.
MOTION/SECOND: Meehlhause/Gunn. To Waive the First Reading and Introduce Ordinance
1013, Easement Vacation for Alexander Gardens.
Ayes – 4 Nays – 0 Motion carried.
C. Resolution 9894, Approving Final Plat Alexander Gardens.
Phil Carlson, Stantec requested the Council approve a final plat for Alexander Gardens. He noted
this was a two lot plat that adjusted the lot lines between the Alexander and Wilcox properties. He
reported when the final plat is recorded, the easement would be gone.
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9894,
Approving Final Plat Alexander Gardens.
Ayes – 4 Nays – 0 Motion carried.
D. Resolution 9890 or 9896, Organized Trash Hauling Negotiations.
1. Resolution 9890, Take from the Table/Terminate.
2. Resolution 9896, Continue Negotiations/Options Committee.
City Administrator Zikmund provided brief background information on this topic. He explained
the Council tabled action on this item two weeks ago and staff was directed to work with the
haulers encouraging them to provide a final and best offer. He noted there was a call between the
haulers and the City Attorney where this information was conveyed and a deadline was set for
March 21 at noon. He reported the haulers did come through with an offer and the haulers met at
City Hall today from 9:00 a.m. to 11:00 a.m.
City Attorney Tierney reported the Council directed staff to request a best and final offer from the
haulers. She explained the City received a letter on Thursday stating the haulers would not be
submitting an offer, but they would welcome an offer from the City. Staff developed an offer from
the City based on comparable cities with organized collection (St. Anthony, White Bear Township,
Vadnais Heights). She indicated this offer was presented to the haulers and she had hoped the
haulers would take this offer. However, at 3:00 p.m. today the City received a counteroffer from
the haulers.
City Attorney Tierney stated the counteroffer was reviewed and the prices were compared to the
three comparable cities (St. Anthony, White Bear Township, Vadnais Heights). She indicated the
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offer from the haulers was interesting as it changed the structure of the proposal in a meaningful
way. She stated the proposal provided a fee for picking up the trash throughout the City but then
proposed the City pay the disposal fee. She reported this would increase the overall fees charged
by the City to residents and would increase administrative time to manage garbage hauling. She
explained throughout the negotiation process, the City has made it clear to the haulers that they
were to make their money on the actual picking up of the trash and not the disposal. She stated
the proposed bid would have the haulers sending out bills for half of the work and the disposal fee
would then have to be charged by the City.
City Attorney Tierney indicated comparisons were run for the prices from the haulers and a
spreadsheet was provided to the Council. She reviewed this spreadsheet in further detail with the
Council. Based on this information staff has prepared two Resolutions for the Council to consider.
She explained the Council could terminate negotiations with the haulers and pursue request for
proposals. The other option available to the Council would be to continue negotiations with a
deadline of May 13.
Mayor Lindstrom asked if the City Attorney had ever seen a contract where the haulers require the
City to pay the disposal fee. City Attorney Tierney stated this was not unheard of. She indicated
the City of White Bear Lake has this arrangement. However in this case, it appears that White
Bear Lake is paying the disposal rates, versus passing them along to its residents.
Mayor Lindstrom indicated the first proposal that was put in front of the City was still higher than
what they were charging other cities with the disposal fee. He feared the proposal really missed
the mark on where the City was trying to get to and there would be no lowering of costs. He asked
how the Council wanted to proceed with this matter.
MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 9890,
Ending Negotiations with the Current Licensed Haulers and Directing Staff to Convene the
Organized Collection Options Committee.
Council Member Meehlhause explained the City was asked to make a counter offer from the
haulers original offer. He stated this rate was similar to the rate charged to the City of St. Anthony
and the haulers choose to not support this offer. This said to him that further negotiations would
not lead to the St. Anthony pricing.
Mayor Lindstrom reported the City has been clear about its expectations. He expressed frustration
with the fact the haulers came back to the City saying they were going to do nothing. He did not
see that the haulers were making substantive movement in the right direction and therefore he
supported the City ending negotiations.
Ayes – 4 Nays – 0 Motion carried.
9. REPORTS
A. Reports of Mayor and Council.
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Council Member Meehlhause reported he attended the Twin Cities Gateway board meeting last
week. He discussed the year end financials for this organization noting he was pleased to report
revenues were up. He explained the City would be receiving $10,680 from the visitor’s bureau in
2024. He thanked the visitor’s bureau for their tremendous efforts to draw people into the
community. He commented further on how the board officer positions would now be a two year
commitment.
Mayor Lindstrom reported the Festival in the Park Committee would be hosting an Easter egg hunt
on Saturday, March 30 at 10:00 a.m. at Silver View Park.
Mayor Lindstrom explained he attended a meeting with Arden Hills Mayor Grant and
Councilmember Rousseau to discuss recreational programming and potential partnerships. In
addition, he had a discussion with Arden Hills Councilmember Monson regarding organized trash
collection.
Mayor Lindstrom then read a letter in full for the record to the citizens of Mounds View. He stated
organized collection…
“To the citizens of Mounds View,
Organized collection has been a hot topic as of late, and we have spent a lot of time talking about it. I
realize you are tired. I’m tired, and we are tired. At the last meeting, I laid out the timeline of events
up until that meeting. Since then, I have received a letter from the president of Walters, Mike Moroz,
stating,
“Mayor Lindstrom, I am writing on behalf of the Mounds View Haulers to acknowledge your speech
given at the Mounds View City Council meeting on Monday, March 11th, 2024. Please be advised
that the Mounds View hauler group will meet to discuss the draft contract and pricing for proposed
waste services. We understand that our response must be delivered to the city by Thursday, March
21, at 12 p.m., and it is our goal to meet that deadline. “
The haulers subsequently met on 3/18 and came back with an offer on the afternoon of 3/20 stating
that they would not lower the price but were open to offers, so we submitted the St. Anthony pricing,
which we believe is fair based on the fact we are similar cities, and they have a new contract.
The haulers met again today and gave us another proposal and though it was better; it is higher than
the average cost per tote with the exception of the 35 gallon of all the cities that we looked at in an
organized environment in Hennepin and Ramsey County. It is not the St Anthony pricing we asked
for. We believe that our pricing should be in line with or better than theirs since we are a denser city
with a similar easy access footprint.
The Haulers were unable to get there, further reinforcing the fact that we are at an impasse in this
negotiation. We made it crystal clear what we wanted and that we are not going to continue a back
and forth with them. We appreciate their efforts, but they simply are not good enough for our city
and in my opinion it’s time to move on.
We also received another mailer from haulers for choice, this time with some amped-up rhetoric and
pictures and phone numbers of council members. Which has been characterized on social media as
dehumanizing tactics.
I now want to take some time to talk about each member of this council, starting with the man
“leading the charge,” according to our most recent mailer, Councilmember Meehlhause.
Gary has lived in Mounds View for over 40 years; he raised his children here. He has been on
council for close to 12 years and was on various commissions for over a decade prior to that. Gary is
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also a member of the Lions and has helped with Festival in the Park and the Police Foundation over
the years.
He most recently volunteered at the Community Center for the 3-on-3 basketball tournament. Gary is
a guy who cares deeply about this community and has given countless hours of time for absolutely
nothing. Has Gary said some things over the years that could have had a little more polish on them?
Sure, we all have, but do we really think that a person who lives in this community, serves this
community, and is as dedicated to the community as Gary; has bad intentions for this city?
You may not agree with his vision, but do you think it’s coming from a place with bad intentions, or
do you think that he truly believes that he is doing what he thinks is best for the community he lives
in, serves in, and is invested in? I want you all to really think about this.
Next, I will move on to Councilmember Gunn. She grew up in this area, raised her children here, and
has been involved with most groups and organizations in the city at some point in time or another. By
the time her term is finished, she will be the longest-serving elected official in the history of this city.
When you think about Sherry, you think about her working at Irondale with either you or your
children.
There is a resident I have gotten to know who says Sherry is like a second mother to her. She, like
Gary, donates countless hours of time every year to this city and its people. I saw Sherry on trunk or
treat night at the community center, serving punch and water by herself while 1100 people walked
through the building that night with a smile on their faces, she was purely enjoying the joy in the
room.
Does this sound like someone who hates you and wants to be some type of maniacal overlord of the
city, or do you think maybe she does what she thinks is best for the city because she cares about this
community and its people? I want you to really think about this.
On to Councilmember Cermak, she, like the other 2 councilmembers, has been a long-term resident,
raised her family here, and put in endless hours of donated time into this community. Theresa ran the
festival in the park for 25 years for literally nothing other than the joy of doing it. I can tell you that
the event is a lot of work, and it literally takes a year to plan, and she did it year after year after year
after year.
She is active in the Police Foundation and has been since its inception, and she prides herself on
working collaboratively on many of their events. In a conversation with her just the other day, she
was already talking about the Daddy-Daughter Dance for next year.
Do you really think that someone who has been involved with the city for close to 30 years and who
is already thinking about the next Daddy Daughter Dance wants to leave the city in a worse place
than she found it? Or do you think she may care about this community and is doing what she thinks
is best? I want you to really think about this.
Then there is me, the newcomer, who has lived here for almost 11 years. I am raising my two
children here, and both of my parents moved here. That’s right, my whole family lives here right
now. You have elected me twice in the last 2 years, most recently giving me the privilege and honor
of serving as Mayor, and I am so humbled and grateful for the opportunity.
I have been on the Festival in the Park Committee for the last 3 years. I was on the board of the
Alano in town for two years, serving as Vice President and President. I once volunteered to fill in as
Santa for the Police Foundation.
I publish my version of the minutes of every meeting for you all to read. I post our agendas and
packets for you all to see. I engage with you on social media, and I am out there every week with an
open invitation to talk to you about whatever is on your mind and act on what I can.
I have spoken with many of you at all times of the day and night to make sure I am doing the best I
can to represent you. I most recently responded to a resident at 2 a.m., and they replied to me with a
surprise thank you.
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I love this city! I will ask you: do you think I make the decisions I do because I believe it is what is
best for the community, or do you believe what this newest mailer is trying to propagate? I want you
to really think about this.
You may be asking yourself: Who might be behind these mailers and propaganda? According to our
most recent one, it is John M. Kysylyczn. You might be asking who that is. He is the former mayor
of Roseville, who served one term from 2000–2004.
According to a Star Tribune article, his term was going so well that a group of residents formed and
started a movement to get him to resign in 2002. According to his constituency, they said he engaged
in “arrogant bullying behavior toward staff members and citizens”. They also said he has brought
about changes, effectively eliminating the democratic process.
A citizen raised a complaint regarding his ethics alleging a conflict of interest due to lobbying at the
state capitol, which was not sustained, but then voted to have the city pay his legal fees in that case.
Which in turn generated another complaint, and you know how he responded? He voted to abolish
the ethics committee.
The citizens of Roseville were so enamored by his performance that they rejected him at the ballot
box in 2003 and again in 2007. According to a Pioneer Press article, he was then removed as
chairman of the 4th congressional district Republican Party in 2012 by members of his own party.
So, this is the person who has decided to involve themselves in the fabric of our community.
I want you to ask yourself: do you think the four people who are dedicating their lives to this city
care more about you and its future?
Or do you believe that an out-of-town guy who no investment in our community other than the
paycheck he is getting from the haulers he represents, who is clearly a mercenary for hire whose own
community said he has a track record of bullying and intimidation and refused to put him back in
office on multiple separate occasions?
To me, it seems like he is using the trash market to take out his unresolved anger on local
governments across the state because he cannot garner enough support to wield the power he would
like to in government, so he has resorted to using trash and politics on communities to impose his
will. It is for you to decide who has your best interests in mind, and I really want you to think about
this.
So now we know all the players. We know the haulers; we know the lobbyists; and we know our
representatives. Haulers for Choice, in total, has many entries on their website in relation to their
influence in cities across the state regarding organized collection.
You have to ask yourself: What is at stake here? Is it about preserving your choice, or is it about
profits? The open market and competition only work when we have price transparency, and right
now, we have none. There is so much inequality out there in pricing; that I can see why they are
fighting so hard to preserve it.
What this is really about is who controls the price, and the answer is that right now they do, and they
want to keep it that way. With a good contract, you as residents will control the price of trash
collection in Mounds View, and you are voting on this issue, so the choice is truly yours. I will ask
you again, “Mounds View, are the actions we are seeing that of people who care about us? Or does it
appear to be something else?
You may be asking, What else does Haulers for Choice do besides sending mailers that instill fear
and prey on your emotions? Well, most recently in our community, they have been trying to
influence one of our candidates for City Council, and to be honest, it's not the lawsuit or the mailers
that really bothered me all that much; I consider that part of the job; this is what has crossed the line
for me.
You elected me to be the leader of this city, and I will not sit back and watch this group use and bully
candidates seeking to serve this community for their own gain because they are in a vulnerable
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position. This is the most disgusting predatory behavior I have witnessed. It’s literally abusive at
every level to a brand-new person who is seeking office.
I have two handwritten letters that were given to candidate Clark written by John. The first one said:
“I need names and contact info for Mounds View residents who would like to be quoted in a city-
wide mailing along with their photo. Looking to recruit about 6–8 people.” (I call this recruitment.)
Next, I quote, “I would do a sign just for you. Can be reused. Would do a 2x4 sign.” (I call this
bribery.)
“Can tie yourself to the yes vote by placing your sign next to the “vote yes” sign in supporters’
yards” (I call this influencing).
This one is my personal favorite, and I quote, “Looking forward to the Nov 24 election, if you recruit
two people to run in that election and ride this government-managed trash train to the ballot box, you
could find yourself as the majority leader on the council, and you can run the place starting Jan 25
and overhaul the place." (I call this election interference and corruption.)
He also sent an email to candidate Clark asking her to circulate a letter that their attorney sent the city
to “her group.”
To Haulers for Choice,
Quite frankly, these are deplorable predatory activities, and they have absolutely no place in Mounds
View with our residents and our candidates. Preying on a brand-new candidate like Julie for your
own gain to influence our election is completely unacceptable and will not be tolerated in this city.
To try to bribe her, get her to recruit for you, and leech on her hard work to build a group for your
own gain is just plain disgusting. To be clear, Julie gave me and the city attorney the correspondence
that you have been sending her. You have taken advantage of the fact that she is in an impossible
situation with a ballot question looming, trying to manipulate her, and trying to influence her
campaign for your own gain to steer the outcome of this election.
You know that she cannot say anything for fear of you torpedoing her campaign and ending her
dreams of serving this community. She may not be in a position to say something to you, but I am,
and if you do not understand what that means, I will spell it out for you. Candidate Clark does not
want to be a party to your activities, propaganda, or influence. I am going to respectfully ask you to
cease and desist from all further communications with her and leave her alone.
Just to shore it up for you again, this is not a good look for your organization or your clients. You
may want to consider changing your name from Haulers for Choice to Haulers for Profits. In my
opinion, it’s actually quite pathetic that you would stoop to this level of preying on a new candidate
to try to achieve your desired outcome but given your history it fits your behavior pattern of
“bullying and intimidation” going all the way back to the early 2000’s according to your own
constituents.
I know that you are going to try to find some people to run against us in the fall, and I hope that any
resident of Mounds View will have the good sense to see just how disingenuous this whole scheme is
and turn you down. I will also let you know that if those candidates emerge, I am ready and will be
happy to make sure that this community knows exactly who they are attached to and exactly what
you are about.
I know Mounds View is better than this, and I know that this community will not stand for this kind
of influence and corruption in our elections. If you are sick of these tactics and propaganda in our
community, I would encourage all residents of Mounds View to kindly mail Garbage Haulers for
Choice a cease-and-desist letter requesting no more mailing solicitations to their address at Po box
13738, Roseville, MN 55119.
Mounds View,
I will close with this and say that We want you to know that the easiest thing to do would have been
to say nothing and just let this story play out like it has in city after city with haulers for choice
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running propaganda and playing the games that they do and allowing them to bully their way to the
ballot box unchecked, but we cannot do that.
We cannot have someone bullying and preying on the candidates and residents of this city without
taking a stand and fighting to the end. We will most certainly see heavy opposition this fall, even
more tasteless mailers, and possibly some well-funded candidates. We know that taking this stand
could mean the end of our political careers, and if it does, we’re ok with that because we know this is
the right thing to do.
I will also say it says a lot about Candidate Clark to have the guts, and integrity to bring this forward
knowing that this too could cause an onslaught from haulers for choice against her and cost her the
election and dash her dreams of serving this community. If that happens now you know why, and I
hope you will see through it and judge her on her merits and make your decision independent of any
propaganda from haulers for choice.
We as a council support your right to choose and we are encouraging you to vote in the special
election. A yes vote to the charter amendment will ensure the power to go organized stays in your
hands. We just want this to be a fair and honest choice, and with all the propaganda and tactics going
on in this election you needed to know the whole picture.
2 weeks ago, you learned the timeline, and the efforts we have made to be a good municipal partner.
Now you know the attempts to influence the outcome of this election that have been taking place. In
the end, whatever the outcome is, we are good with it. We all love this city, and we love all the
people in it.
We may not always agree on everything, but we care deeply about all of you and the future of this
city. We are asking you to whether the storm with us, and wherever we end up, we are completely ok
with it, but we are asking that we do it together and not let this group and these companies take
advantage of us.
We know that together we will get to the right decision and outcome independent of their messaging,
propaganda, and mafia style tactics, and we look forward to doing that with you! Thank You Mounds
View for being the smart, wonderful, and thoughtful community you are. We are so grateful to be
able to represent you!
Sincerely, Mayor Lindstrom and Council.”
A round of applause was offered by all in attendance.
Council Member Gunn thanked Mayor Lindstrom for his comments.
Mayor Lindstrom explained he believed it was important for the public to understand what was
happening and that there was no bar that these people would not go under. He stated somebody
had to say something.
Council Member Meehlhause thanked the Mayor for his comments.
B. Reports of Staff.
City Administrator Zikmund reported he recently completed the six month performance review
for Finance Director Bauman. He explained staff was very pleased with Ms. Bauman’s
performance.
1. Citizen of the Year.
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Human Resources Director Ewald stated each year the Council considers nominations for Citizen
of the Year. She reported nominations are accepted all year long and a selection is made in the
spring of each year. She requested the Council review the Citizen of the Year candidates and make
a recommendation to staff.
Council Member Meehlhause reported he supported Candidate C.
Council Member Gunn supported Candidate A.
Council Member Cermak recommended Candidate A as well.
Mayor Lindstrom indicated he was indifferent and could support Candidate A.
Council Member Gunn commented on the connection Candidate A had with the community and
what this candidate has accomplished as a woman.
Mayor Lindstrom agreed Candidate A had significant achievements, as has Candidate C.
City Administrator Zikmund reported the Council could elect to have two Citizens of the Year.
Council Member Gunn and Council Member Meehlhause supported Candidate A and Candidate
C being named Citizen of the Year.
Council Member Cermak questioned if the City had awarded a Citizen of the Year Award to a
candidate that was no longer living.
Council Member Meehlhause stated this had been done in the past for Betty Wahl (2017) and Jerry
Skelly (2011).
Council Member Cermak indicated she could support Candidates A and C for Citizen of the Year.
2. Legal Notices on City Website.
City Administrator Zikmund stated a Mounds View resident requested the City post legal notices
on the City’s website as well as in the City’s official newsletter. He explained this would provide
residents with another avenue to read through the notifications without having to pay for a
newspaper subscription.
City Attorney Riggs reported this was something the legislature has not brought forth yet, but
noted it was standard to post legal notifications on City websites. He indicated this change would
provide the public with more communication from the City.
The Council supported posting legal notices on the City’s website.
City Administrator Zikmund reported he met with Howard Pastor from Pastor Enterprises today.
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Regular Meeting Page 11
City Administrator Zikmund indicated the options committee would be meeting on Wednesday,
March 27.
Finance Director Bauman stated the final entries have been received for the 2023 audit.
C. Reports of City Attorney.
City Attorney Riggs had nothing additional to report.
10. Next Council Work Session: Monday, April 1, 2024, at 6:00 p.m.
Next Council Meeting: Monday, April 8, 2024, at 6:00 p.m.
11. ADJOURNMENT
The meeting was adjourned at 7:11 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;
Specific to who determined the bad cement – Core samples were collected and analyzed by a certified lab. Thus, the lab determined.
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:
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.
We are working to schedule the contractor that does the vibration technique this spring once the frost comes out and the soils stabilize.
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 MnDOT just
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.
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)
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.
The attorney did review the contract. The City Attorney reviews all contracts and agreements for the City.
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.
There are no loopholes in the contract that we are aware of.
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 13th after the council meeting on the 12th. 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
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 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:
Don 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;
Specific to who determined the bad cement – Core samples were collected and analyzed by a certified lab. Thus, the lab determined.
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.
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:
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 were 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.
We are working to schedule the contractor that does the vibration technique this spring once the frost comes out and the soils stabilize.
“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.
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)
The wrong wire was ordered as the poles are manufactured for LED and the channel is smaller as the LED use less energy.
The attorney did review the contract.
These contracts have errors and omission clauses to cover unintentional “mistakes.”
This was a mistake.
There are no loopholes in the contract that we are aware of.
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 a bit disappointing given the follow up the morning after council meeting on the 12th, and the meeting/discussion we have had in the
past two weeks. You are certainly welcome to stop in and visit regarding your concerns, email me, or call me if you have questions.
City Administrator Nyle Zikmund