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HomeMy WebLinkAboutMinutes - 2011/05/09 • PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA AP pRO VED Regular Meeting May 9,2011 Mounds View City Hall 2401 Highway 10,Mounds View,MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull,Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday,May 9,2011,City Council Agenda. • MOTION/SECOND: Mueller/Stigney. To Approve the Monday, May 9, 2011, agenda as presented. Ayes—5 Nays—0 Motion carried. 5. PUBLIC INPUT Joann Mulroy, 2271 Rainbow Avenue in New Brighton, commented on a fall she had at the Community Center on February 19`h. She explained a portion of the sidewalk was quite uneven and resulted in a broken nose. Since the time of her fall the cement has been painted orange, as a warning to those passing by the area. At this time, she has paid the medical bills in the amount of$1,379.70. Ms. Mulroy noted this bill has been paid in full and she was now requesting the City compensate her for pain and suffering. Mayor Flaherty questioned if Ms. Mulroy had an amount in mind to compensate her for pain and suffering. Ms. Mulroy did not have a dollar figure in mind. Mayor Flaherty requested City Attorney Riggs speak on the issue. City Attorney Riggs noted a claim was process through the League of Minnesota Cities and the • claim was denied. Mounds View City Council May 9,2011 Regular Meeting Page 2 • Mayor Flaherty asked for comments from the Council. Council Member Stigney stated the City has taken the proper steps for this process and the City was determined to not be at fault. City Attorney Riggs added that he has not been involved in a City paying out for pain and suffering to an individual and the claim should run through the League of Minnesota Cities. He explained that Ms. Mulroy did have the right to appeal the claim. At this time, the City was not negligent. Mayor Flaherty indicated this was an unfortunate event but stated the City has taken the proper measures for the claim. The Council could take action only on public purpose. He encouraged Ms. Mulroy to appeal the case through the League of Minnesota Cities. Finance Director Beer stated Ms. Mulroy has contacted an attorney and this attorney spoke with the League. He explained there was no public purpose for the City to make a payment at this time. Mayor Flaherty questioned if the Pubic Works staff had been by the location of the fall. Public Works Director DeBar stated he had been to the location of the fall and the area had been • painted to warm those passing of the uneven surface. He noted that at the time of the fall, there was a freeze/thaw cycle occurring and the ground had heaved the pavement approximately one inch. This section of pavement has since settled. Mayor Flaherty apologized again for the event taking place in the City of Mounds View. He noted that the Council could not take action to pay out pain and suffering and encouraged Ms. Mulroy to appeal the claim. 6. SPECIAL ORDER OF BUSINESS A. National Police Week Proclamation Mayor Flaherty read a proclamation declaring May 15-21, 2011 to be National Police Week. The City salutes its local police officers for their efforts to the community. Council Member Gunn questioned if there would be a local event to honor the fallen officers in the State of Minnesota. Police Chief Kinney stated a candle lit service would be held on at 7:30 p.m. on Sunday, May 15th at the State Capitol. 7. COUNCIL BUS}INESS A. Resolution 7775, Authorizing Severance for Mary Tatarek, Mounds View Accountant. • Mounds View City Council May 9,2011 • Regular Meeting Page 3 Assistant City Administrator Crane noted Mary Tatarek retired from the City after 30 years of service. She recommended the Council approve a payment $14,213.06 into Mary Tatarek's retirement health savings plan per the City's labor agreement. The payment would cover Ms. Tatarek's unused vacation and sick time. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7775, Authorizing Severance for Mary Tatarek,Mounds View Accountant. Mayor Flaherty thanked Mary Tatarek for her accounting services to the community. Ayes—5 Nays—0 Motion carried. B. Resolution 7776,Approving a Step Increase for PSO Craig Swalchick. Assistant City Administrator Crane stated PSO Craig Swalchick was an employee of the City at the Police Department. PSO Swalchick has recently received a satisfactory performance evaluation from Police Chief Kinney. For this reason, Staff recommends an increase for PSO Swalchick from Step 1 to Step 2 effective April 26, 2011 in accordance with the AFSCME union labor contract. • MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7776, Approving a Step Increase for PSO Craig Swalchick. Ayes—5 Nays—0 Motion carried. C. Resolution 7777, Approving Installation of Signage at the Mounds View Community Center. City Administrator Ericson indicated this item was first discussed by the Council at the April 25th meeting. The City was looking for new ways to create identity for the Mounds View Community Center. Additional signage would assist with this concern while creating visual awareness. He recommended the Council proceed with the recommended signage to provide further naming and awareness for the south elevation of the Mounds View Community Center. This City suggested using Bethlehem Baptist funds to cover this expense as the economic climate of the community would be enhanced. Staff indicated the low bid for the signage was submitted by JDI Signs and Graphics of Ramsey,Minnesota. Mayor Flaherty asked which option would be taken from.JDI. City Administrator Ericson stated Option 2 would be taken for an amount of$1,820. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7777, Approving Installation of Signage at the Mounds View Community Center with funds to be used from Bethlehem Baptist donation to cover the expense of JDI Signs & Graphics at a price not to • exceed$2,000. Mounds View City Council May 9,2011 Regular Meeting Page 4 • Council Member Stigney questioned what type of letters would be used. City Administrator Ericson indicated 24"inch molded plastic letters would be used in a black/dark brown color. Council Member Stigney did not feel the letters were an economic development expenditure. He suggested the current metal sign be placed in a more proper location. Council Member Mueller questioned if she should abstain from the vote as she would be hosting an event at the Community Center later this summer. City Attorney Riggs did not see a conflict on the issue. Mayor Flaherty stated the folks traveling along County Highway 10 would not be able to view the new proposed signage. He felt the proposed signage would assist vehicles traveling on Edgewood in identifying the Community Center. The Council could consider lighting in the future if this was a concern. He noted the item has not been reviewed by the EDC to date. Council Member Stigney suggested the existing metal sign be moved from one side of the driveway to the other to assist with creating greater identity for the Community Center. Administrator Ericson said the City would explain that option as well. Council Member Mueller stated she was in favor of the building signage. Ayes—4 Nays— 1 (Stigney) Motion carried. 110 D. Resolution 7780,Authorizing TKDA to Perform Design Services and Prepare Contract Documents for the Lambert Park Building Demolition and Construction. Public Works Director DeBar indicated the building at Lambert Park was built in the late 1970's or early 1980's. The building was used for storage of park supplies at that time. In 1987, the building was converted to be used as a warming house/park building. He reported the building was now in extreme disrepair and in need of demolition. Public Works Director DeBar stated the building has been slated for replacement within the Capital Improvement Plan with the expense covered by Park Dedication Funds. The Park Commission met jointly with the Council last November and the consensus was to proceed with the demolition and replacement of the building. He indicated at the April Park Commission meeting,the Commission recommended the City hire a consultant to perform design services and prepare contract documents for the demotion and construction of the project. Public Works Director DeBar reviewed the current usage throughout the year at Lambert Park and then discussed the proposed design of the ne', building. The City would hope to have the building completed by this winter. City staff solicited bids from engineering firms and TKDA provided the low bid for the project. He recommended the Council proceed with design services from TKDA for an amount not to exceed$24,200. II/ Mounds View City Council May 9,2011 • Regular Meeting Page 5 Council Member Stigney questioned if the entire design expense would be taken from the Park Dedication Fund. Public Works Director DeBar stated $15,000 was budgeted from the Park Dedication fund and $15,000 was budgeted from the Special Projects. He indicated these expenses were budgeted for 2010 but were never used. The Council was in favor of completing the building and the Park Dedication Fund had adequate funds to cover these expenses. He noted the same architectural style would be used as the Hillview and Groveland Park building. Council Member Mueller questioned if this summer's street improvement project would affect this project. Public Works Director DeBar noted the street would be completed before the Park building. The City would work to coordinate operations between the two contractors. The final lift of pavement could be delayed until after the building construction was complete. Mayor Flaherty requested the street going in and out of the park not be completed until after the heavy trucks were brought in and out of the park property. Public Works Director DeBar noted the roads would withstand 9 ton vehicles. If damage were to take place to the new roadway, the contractor would be at fault. The work would be under warranty for 24 months. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7780, Authorizing TKDA to Perform Design Services and Prepare Contract Documents for the Lambert Park Building Demolition and Construction for an amount not to exceed $24,200. 4110 Mayor Flaherty commented that this building was in great need of repair and Park Dedication Funds were available to cover the expense. Ayes—5 Nays—0 Motion carried. E. Resolution 7778, Approving Lease Extension with Creative Kids Academy Operating at the Mounds View Community Center. City Administrator Ericson stated the City needs to negotiate a lease extension with Creative Kids Academy. The owners of Creative Kids Academy could not support a fee increase at this time. The Council suggested a two year extension to 2013 leaving all other terms and conditions of the lease as-is. The lease has been reviewed by Kennedy&Graven and Staff recommends the Council authorize the extension. Council Member Mueller stated the current lease has an inflator in the document. City Administrator Ericson stated this was correct and the owner of Creative Kids Academy has not objected to these tern's. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7778, Approving a Lease Extension with Creative Kids Academy Operating at the Mounds View Community Center. • Ayes—5 Nays—0 Motion carried. Mounds View City Council May 9,2011 Regular Meeting Page 6 • F. Interim Ordinance 859, an Ordinance Establishing a One Year Moratorium on New Tobacco Licenses. City Administrator Ericson explained this item was discussed by the Council at their last meeting as the City's tobacco license regulations were in need of review at this time. Based on discussions with the Chief of Police there were provisions within Chapter 512 that needed revisions. The proposed Ordinance would allow for a one-year moratorium on new tobacco licenses to allow the Council time to review the City's current code. City Attorney Riggs stated the standard language used in a summary for the Ordinance would be altered slightly. He noted the Ordinance would be effective upon filing and posting by the City Council Member Stigney questioned if the Council took action this evening if the Ordinance would be in effect. City Attorney Riggs stated this was the case and would be published in its abbreviated form. He then reviewed the proposed changes with the Council moving Section 3 before Section 2. Council Member Mueller asked if the property at the corner County Highway 10 and Long Lake Road would be affected by this Ordinance. City Administrator Ericson stated the property would not be allowed to receive a new tobacco license if a tobacco only establishment. However, in the case of convenience stores,there would not be an impact on the licensing procedure. • MOTION/SECOND: Mueller/Gunn. To Waive First Reading and Introduce Ordinance 859, an Ordinance Establishing a One Year Moratorium on New Tobacco Licenses with the corrections presented by the City Attorney effective upon posting and that a summary be published. Mayor Flaherty commented the City Code needed to be brought into compliance with State regulations. ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. Ayes—5 Nays—0 Motion carried. G. Resolution 7782,Authorizing American Engineering Testing,Inc.to Perform Pavement and Soil Evaluations and Prepare a Preliminary Geotechnical Engineering Report for Mustang Drive, Mustang Circle, Program Avenue and Bronson Drive. Public Works Director DeBar stated the Pubic Works department was responsible for the pavement management and maintenance of City streets and trails. He noted Mustang Drive and Mustang Circle were located in the southern portion of the City in an Industrisi_Park with a great deal of tractor/truck drive. The roadway was originally built in 1979 and has received minimal maintenance since that time. 4110 Mounds View City Council May 9,2011 • Regular Meeting Page 7 Public Works Director DeBar explained the roads were in poor disrepair and the Pubic Works Department has received calls about the poor condition of the streets. The original pavement could have had issues. He indicated the Pubic Works Department spent three days patching the area earlier this spring. However, the patching in this area would not suffice and a reconstruction of these roadways was needed. A mill and overlay was not an option given the condition of the roadway and a complete reclamation may be needed. The City would know more after the engineering work was completed. Public Works Director DeBar recommended the Council authorize American Engineering Testing, Inc. (AET) to perform pavement and soil evaluations and prepare a preliminary geotechnical engineering report for Mustang Drive, Mustang Circle, Program Avenue and Bronson Drive. The estimated fees for AET would be an hourly rate hourly estimated to be just over $12,000 and funds were budgeted and available in the Street Improvement Fund. Staff recommends a 10%contingency be added to this expense. Council Member Mueller thanked Staff for sending a letter to the local businesses regarding the possible work to be completed along Program Avenue, Bronson Drive, Mustang Drive and Mustang Circle. She questioned if the City received any comments from the business owners. Public Works Director DeBar indicated the Staff did receive thanks as the road was now passable. • Council Member Mueller asked if a full reclamation was needed, would the reclaimed, ground up material be used in the new surface. Public Works Director DeBar indicated the engineering report would provide the City with this information. He noted the new roadways would be created to withstand 10 tons given its proximity to the Industrial Park. Council Member Mueller inquired if the engineering reports would assist with the needed Rice Creek Watershed District documentation. Public Works Director DeBar noted if this remains a maintenance project and the curb stays in place, no new documentation would be needed. However, there may be an issue with the water runoff at the intersection of Mustang Circle/Mustang Drive which may require additional water retention or runoff control. Mayor Flaherty indicated the testing of Mustang Drive and Mustang Circle should proceed as both roadways were in great need of repair. He questioned if Bronson Drive needed to be repaired at this time, as it was only 15 years old. He asked if there was any warranty. Public Works Director DeBar stated the City had a one year warranty on Bronson Drive and no action could be taken with the original contractor at this time. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7782, Authorizing American Engineering Testing, Inc. to Perform Pavement and Soil Evaluations and Prepare a Preliminary Geotechnical Engineering Report for Mustang Drive, Mustang Circle, Program Avenue and Bronson Drive. Ayes—5 Nays—0 Motion carried. 4110 Mounds View City Council May 9,2011 Regular Meeting Page 8 • 8. CONSENT AGENDA A. Resolution 7779,Authorizing the Purchase of Gift Certificates for the June 8, 2011,Employee Appreciation Day. MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. Ayes—5 Nays—0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as presented. Ayes—5 Nays—0 Motion carried. 10. APPROVAL OF MINUTES None. 11. REPORTS • A. Reports of Mayor and Council. Council Member Mueller commented on several articles in the local newspaper. The Blaine Banner had a nice reminder of the upcoming Aviation Days being held on May 21-22, 2011 at the Anoka County Airport. The event hosted a pancake breakfast along with a hangar dance. Council Member Mueller noted the publication produced by the Northern Star Council of the Boy Scouts of America called the Navigator had an article on local Eagle Scouts. She read aloud the names of the recent area Eagle Scouts and congratulated each of the young men on their efforts. Mayor Flaherty indicated last weekend was the Spring Clean-Up and he participated in the event. He thanked City Staff for assisting as 244 residents took part in the event. P. Reports of Staff. 1. Review the Cal I.rnprovennent Finance Director Beer noted the City Charter requires that the Council have a five year financial plan. Several elements with:n that plan were the Capita; hnprovemen:: Plan which kep; the Council strategizing and planning for larger expenses over the next five to eight years. Mc recommended the Council review the items planned for 2012 as these would affect the 2012 • Mounds View City Council May 9,2011 1111 Regular Meeting Page 9 budget. Finance Director Beer noted the Capital Improvement Plan was a working document and did not bind the Council into taking action on the budgeted items. City Administrator Ericson asked how the Capital Improvement Plan would be affected if the County were to take over the County Road H project. Finance Director Beer stated he would make a change to the document only after the County made this change official. 2. Police Department Quarterly Report Police Chief Kinney reviewed with the Council the first quarter Police Department report. He highlighted several areas of interest noting crime numbers have remained quite constant over the past couple years. One of the largest items to note was the calls for service requiring medical assistance has increased which is due, in part,to the aging population of Mounds View residents. Police Chief Kinney noted 100 students at Pinewood Elementary enrolled and participated in the DARE program. He indicated the school resource officer had a significant jump in activity from 2010 to 2011. The Department was uncertain as to the rise in juvenile activity, which would be monitored further. Police Chief Kinney explained the Department hired Nate Garland on March 4th as a new officer. Officer Garland was continuing through the field training program at this time and was doing • very well. The Department promoted Steve Menard to Deputy Chief and Tim Wolf was promoted to Sergeant. Police Chief Kinney indicated Officer Ben Zender was recognized by Metropolitan State University for his efforts as an Outstanding Student for his last semester in school. Mayor Flaherty requested the Chief review the most recent crime alert posted on the City's website. Police Chief Kinney reviewed the details with the Council. He encouraged all residents to contact the police department with any criminal activity taking place in the City. Council Member Mueller questioned if the City had ever considered taking on a K-9 officer. Police Chief Kinney stated surrounding agencies with K-9 officers do assist the City of Mounds View when needed. The City would need to seek grants or complete fundraisers before beginning this initiative on its own. 3. City Administrator's Report City Administrator Ericson stated the Spring: Clean-Up was a great success and thanked all the residents for participating. He commented 2.amsey County was presented with a redistricting request. Ramsey County requested the City support the one congressional district and that the County not be split into several districts. He would be followin up with Chairperson Reinhardt on the issue and further information would be provided to the Council at a future meeting. • Mounds View City Council May 9,2011 Regular Meeting Page 10 • City Administrator Ericson stated the Twin Cities North Chamber event was being held at The Mermaid on May 10, 2011. A seminar was scheduled from 3:30-5:00 p.m. with networking opportunities to follow. He encouraged the Council to attend to meet the local business owners in the community. City Administrator Ericson noted the summer code enforcement issues were typically handled by the PSO. However, these hours were not funded for 2011 and he questioned how the Council would like to proceed with code enforcement concerns this summer. He stated in the past the PSOs hours were increased by 10 hours per week, which was an estimated total expense of $2,500 for the summer months. Council Member Hull was not in favor of additional hours for the PSO. Council Member Stigney agreed stating the City was trying to reduce expenses at this time. Council Member Mueller felt the PSOs hours should be increased by 10 hours during the summer months to address code enforcement concerns in the City. This would be important with the number of foreclosed homes in the City. Council Member Stigney stated an increase by 10 hours would allow the PSO to be considered a full time employee and would require full time benefits. Finance Director Beer indicated this was the case and would increase the City's expenses by$150 per month to cover health benefits. • Council Member Gunn noted she would support the additional hours by the PSO for the summer months. She felt the City would see the value added from the officer's assistance to code enforcement issues. Mayor Flaherty indicated the original intent in cutting theses hours was to provide the Community Development Department with new computer software. He suggested the hours remain cut and that the staffing hours be evaluated after the summer months. C. Reports of City Attorney. City Attorney Riggs explained the State had approved new legislation for cities on variances and this information would be passed along to the Council at a future meeting. 12. Next Council Work Session: Monday,June 6,2011,at 7:00 p.m. Next Council Meeting: Monday,May 23,2011,at 7:00 p.m. 11111 Mounds View City Council May 9,2011 IIIRegular Meeting Page 11 13. ADJOURNMENT The meeting was adjourned at 9:23 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. 110 410