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HomeMy WebLinkAboutMinutes - 2011/06/27 • PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL vE CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA PR° AP Regular Meeting June 27,2011 Mounds View City Hall 2401 Highway 10,Mounds View,MN 55112 7:01 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull,Gunn. NOT PRESENT: Mueller. 4. APPROVAL OF AGENDA A. Monday,June 27,2011,City Council Agenda. • MOTION/SECOND: Gunn/Hull. To Approve the Monday,June 27, 2011, agenda as presented. Ayes—4 Nays—0 Motion carried. 5. PUBLIC INPUT Ray Ramirez, 5273 Irondale Road, expressed concern about a neighborhood dog. He encouraged the Council to visit his home to listen to the barking dog. Mr. Ramirez stated he has spoken with the pet owner and has had no luck. Mayor Flaherty suggested the pet owner's address be passed along to Public Works Director DeBar which will then be passed along to the Chief of Police. Police Chief Kinney could then speak with the pet owner. Reverend Alexander Collins, Redeemed Life Church, inquired about renting the Community Center on Sundays for church services. He sent a letter to the City with his request and further introduced himself and the associate pastor from his Church. 6. SPECIAL ORDER OF BUSINESS None. • 7. COUNCIL BUSINESS Mounds View City Council June 27,2011 Regular Meeting Page 2 • A. Continued Public Hearing,Resolution 7784, a Resolution to Consider an On- Sale Intoxicating Liquor License Renewal for Moe's located at 2400 County Highway 10. Acting City Administrator Beer stated this was a continued public hearing from the June 13th Council meeting. He explained the issue at hand was the outstanding payment of property taxes. The recommendation was to continue the public hearing and take public comment. Mayor Flaherty continued the public hearing. Jeff Moritko, owner of Moe's at 2400 County Highway 10, reviewed the current financial position of his restaurant. He explained he had been working with a bank to refinance over the past six or seven months. The paperwork has been finalized and the closing date was set. Mike McGrath, attorney for Moe's, explained that US Bank commenced foreclosure proceedings on Moe's. These proceedings including the business, structure and outstanding property taxes. Mr. McGrath indicated the foreclosure concerns have been resolved with US Bank and the redemption period has been extended to allow for a closing, which will occur no later than July 31s`. He understood the property taxes had to be paid, and requested the Council approve the liquor license with taxes being paid no later than July 31". Mr. McGrath indicated the license could be revoked if all property taxes were not paid in full by said date. Mr. McGrath explained that Moe's has sought an alternative funding source to finance the • property tax expense. He stated this would be an extremely expensive alternative, but Moe's would proceed if the Council would not allow for the other option. Hearing no additional public input,Mayor Flaherty closed the public hearing at 7:19 p.m. Council Member Stigney asked if any payments have been made on the delinquent property taxes. Mr. Moritko stated no payments have been made as the property has been in the process of foreclosure. Mayor Flaherty questioned if Mr. Moritko was on the State's "no buy" list. Mr. Moritko indicated he was not on that list. Acting City Administrator Beer explained this only occurred if alcohol taxes were not being paid and Mr. Moritko was current with these taxes. Mayor Flaherty stated this was a tough position for the Council as Moe's has had several issues over the past several years. Mr. McGrath apologized for the situation and further explained that the economic downturn has made the banking climate extremely difficult. He stated that the refinancing took a great deal more time than first anticipated because of this downturn. Mr. Moritko indicated he has worked diligently with US Bank to work through the foreclosure proceedings and redemption period. He stated he has fought to resolve the financial situation and was looking to make a long-term commitment to the City of Mounds View. Council Member Stigney questioned if the liquor license fees had been paid. Acting City 411 Mounds View City Council June 27,2011 Regular Meeting Page 3 Administrator Beer noted that all application fees had been paid in full along with all utilities. Council Member Stigney questioned if the City Attorney has any concerns with proceeding as the applicant has requested. Assistant City Attorney Sonsalla indicated the Council could do a conditional approval with a revocation hearing at a future meeting. However, she felt the taxes would be paid by the end of July or the business would be foreclosed. MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7784, a Resolution to Consider an On-Sale Intoxicating Liquor License Renewal for Moe's located at 2400 County Highway 10 subject to the property taxes being paid in full on or before July 31s` Council Member Hull stated he supported the Resolution and did not want to see Moe's 50 employees out of work. He indicated the Council was working with this business to keep it operating in the community. Ayes—4 Nays—0 Motion carried. B. Resolution 7801, Authorizing the Purchase of a Handheld GPS System from Frontier Precision,Inc. Public Works Director DeBar stated a core responsibility of the Engineering Division was to • manage maps of the City's infrastructure. This infrastructure dealt with the City's 45 miles of water pipelines, sewer lines, sidewalks, signs, parkland, athletic facilities, etc. The collection of this data was tracked through the Engineering Division in a pdf format which was then put into the City's GIS mapping software. He estimated the life of this piece of equipment to be 10 years. Public Works Director DeBar noted Staff was working on creating a single mapping document for all of this information as a comprehensive tool to evaluate the City's systems. This would assist with reducing maintenance expenses in the future, along with reducing Staff time spent on updating the City's baseline mapping. Several different GPS units were reviewed by Staff and he requested the Council approve the purchase of a handheld GPS system from Frontier Precision of Maple Grove for $9,908.46, to assist with the GIS base mapping of the City. He explained he had budgeted$10,000 for this piece of equipment from the Water Enterprise Fund. Council Member Hull questioned if this piece of equipment would reduce Staff time and consulting fees. Public Works Director DeBar stated this was the case as the piece of equipment would eliminate the need for consultants to complete the mandated mapping. Staff could now complete the work in-house. MOTION/SECOND: Stigney/Hull. To Waive the Reading and Adopt Resolution 7801, Authorizing the Purchase of a Handheld GPS System from Frontier Precision,Inc. Ayes—4 Nays—0 Motion carried. 4110 Mounds View City Council June 27,2011 Regular Meeting Page 4 C. Resolution 7802, Awarding a Construction Contract to Rosenquist • Construction Inc. for the 2011 Reroofing of City Hall and Well House No. 5 & 6 Project. Public Works Director DeBar recommended the Council proceed with the reroofing of City Hall and Well House Nos. 5 and 6. The new City Hall roof was a 25 year roof. He stated the Council approved bidding documents on May 23rd. Staff has since requested bids from qualified vendors through a public bidding process. The City received 10 bids with the low bidder being Rosenquist Construction Inc. for $183,800. Staff recommended the Council approve the reroofing project as presented with a 10% contingency for a total expense not to exceed $202,200. He reviewed how the project would be funded stating the City originally budgeted $240,000 for the project. The project could begin on July 1st and would be completed by September. Council Member Stigney requested information on the UP1 and UP2 abbreviations. Public Works Director DeBar further defined these terms for the Council stating this was Unit Price 1 and Unit Price 2 within the bid documents. Council Member Stigney questioned if the roofing material was of the same quality within each submitted bid. Public Works Director DeBar stated the materials were the same with the same warranty. Council Member Stigney asked who provided the warranty on the roof. Public Works Director • DeBar indicated the manufacturer provided a warranty along with the contractor. Mayor Flaherty requested further warranty information from Staff. He clarified that the entire City Hall was not being reroofed. Public Works Director DeBar reviewed the areas of City Hall that would be reroofed. Mayor Flaherty stated the new roof was much needed as there had been water seeping into City Hall during heavy rain falls. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7802,Awarding a Construction Contract to Rosenquist Construction Inc. for the 2011 Reroofing of City Hall and Well House No. 5 &6 Project. Ayes—4 Nays—0 Motion carried. D. Ike T_i ion 7800; ApprGTILIE Bidding Tnnent and Authorizing-- Advo:asement fGI Bids to Deg;::311shh and Reconstruct tic Lambert Parts Buik kig. Public Works Director DeBar stated Lambert: Park was originally built in the late 1970's. The building was originally built for storage and was converted to a warming house in 1987 when a heater was added. The Park Commission met with the Council jointly to discuss the replacement • Mounds View City Council June 27,2011 Regular Meeting Page 5 of this building last November. At that time, the Council recommended the Commission move forward with new building plans. He noted the building replacement will be fully funded by Park Dedication funds. Public Works Director DeBar explained the architectural firm hired in May, TKDA, prepared bidding documents. He noted the park building was brick and mortar design with the picnic pavilion area doubled in size. Staff further reviewed the building layout and design plans with the Council, noting the building would be similar to the Groveland Park building. He then requested the Council approve the bidding documents and authorize advertisement for bids to demolish and reconstruct the Lambert Park building. Council Member Gunn asked if the building would be handicap accessible. Public Works Director DeBar stated the building would be handicap accessible. Council Member Stigney did not understand the increased expenses proposed for the park building. Public Works Director DeBar noted the cost estimates were provided by the architect and final expenses would remain unknown until the project was sent out for bid. He further explained how the architect estimated expenses in comparison to the Groveland Park building that was completed by the City in 2006. Council Member Stigney questioned the life expectancy of the proposed roof for the park • building. Public Works Director DeBar stated the upgraded roofing material would last 30-40 years. Council Member Stigney requested information on the roof performance for the buildings at Hillview and Groveland Parks. Public Works Director DeBar stated the Hillview building has had roofing problems and the shingle manufacturer was now out of business. The shingles were set for replacement in the next year or two. City Administrator Ericson arrived at 8:20 p.m. Council Member Stigney requested further information from Staff as to the additional roofing expenses and number of squares on the park building roof. Council Member Stigney asked if the Park Commission was aware of the increase for the Lambert Park building. Public Works Director DeBar stated the Park Commission had approved of the increased expense. He stated the new buildings were highly utilized and the Park Commission felt the increased amenities would increase the rental of the new facility. Mayor Flaherty questioned the balance of the Park Dedication Fund as the City had only budgeted $260,000 for this building. Finance Director Beer stated the fund had approximately $900,000. Mayor Flaherty stated he would like to see the expense closer to the first projections. He • indicated the 30% price increase was a surprise and questioned if it was necessary for the Mounds View City Council June 27,2011 Regular Meeting Page 6 • building to pursue a premium shingle. Mayor Flaherty asked if it was necessary to have windows within the exterior doors. This was another $1,000 expense. He suggested the park buildings remain uniform throughout the community. Council Member Gunn felt the upgrades would greatly benefit the neighborhoods near this park by providing an enhanced facility. She did not feel it was realistic for the Council to expect the pricing to come in at the same amount as the Groveland Park building completed in 2006. Mayor Flaherty suggested several of the bidding items be add-ons to assist in reducing the buildings overall expense. He cautioned the Council to be wise with the Park Dedication funds as the City would not be receiving a great deal of funds in the future. Public Works Director DeBar reiterated that the costs were merely an estimate and after bids were received actual costs would be known. Mayor Flaherty requested bid alternatives be set within the bidding documents for the enlargement of the picnic pavilion area, the premium asphalt shingles, and the blade resistant rubber flooring. Council Member Stigney felt additional items could be added. Council Member Gunn suggested the furniture and fixture expense of$16,000 be taken out of the • bidding process and that this be completed under a separate purchase after the building was constructed. The Council was in agreement. Finance Director Beer questioned what electrical improvements were needed at the site. Public Works Director DeBar noted the park building needed 300 amp service. He stated additional lights could be added to the parking lot for safety. Mayor Flaherty requested further information from Staff on why 300 amp service was necessary at Lambert Park. Public Works Director DeBar noted he would review this further to see what upgrades were proposed and have this as an alternate within the bid. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7806, Approving Bidding Documents and Authorizing Advertisement for Bids to Demolish and Reconstruct the Lambert Park Building with designated items being pulled out for an alternative bidding process. Ayes—4 Nays—0 Motion carried. E. Recolutiera i C/3, Adopting a Cpeciai AsE3ssment for Levy fop° Private Ifni i oveniere e in Ares:B of the v L eeP;and UcilLy dill 3Venn eL:J Pe ge am. Finance Director Beer indicated several residents have requested private utility replacements of II/ Mounds View City Council June 27,2011 • Regular Meeting Page 7 sewer stubs in Area D coinciding with the street and utility improvement program. These improvements were agreed to by each resident and there was no need for a public hearing. He recommended these expenses be paid in 30 days without penalty or that the amounts be assessed for five years to each resident. MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Adopt Resolution 7803, Adopting a Special Assessment for Levy for Private Improvements in Area D of the Street and Utility Improvement Program. Ayes—4 Nays—0 Motion carried. 11. REPORTS B. Reports of Staff. City Administrator Ericson stated he had a lease proposal for the Community Center from Redeemed Life Church in Mounds View. The congregation was currently meeting at Sunrise Methodist Church. A previous request was made to lease space at $5.00 per square foot at the Community Center. The Council was looking to get$10.00 per square foot for the space. A new proposal was before the Council from Redeemed Life Church for $10.00 per square foot. He requested the Council consider if the proposed use was consistent with uses associated with a • governmental building. He asked that the Council consider the new lease and provide Staff with feedback. Reverend Alexander Collins,Redeemed Life Church, stated his congregation has been meeting at Sunrise Methodist Church for the past four years with 40-50 regular attendees. He indicated the new space would provide extra space for children ministries and allow the congregation to meet at 10:30 a.m. Reverend Collins explained the church staff works outside of the church full time and are unpaid by the church. He noted all other expenses of the church are covered through tithes. Mayor Flaherty questioned if Redeemed Life Church was charged rent to use Sunrise Methodist Church. Reverend Collins explained his congregation was not charged rent but made a cost sharing donation to the Methodist Church to assist with expenses. He stated the space at Sunrise Methodist has suited his congregation well, but the new space would allow his attendees a new space that could be branded Redeemed Life Church, better meeting the needs of his multi- cultural congregation. Council Member Gunn requested further information on the New Horizons Resource Group. Reverend Collins reviewed the plans for this group stating it would assist in personal development by providing classes and job search opportunities. He noted he would use his personal skills and abilities through this non-profit initiative. 1111 Mounds View City Council June 27,2011 Regular Meeting Page 8 • Council Member Hull asked if the congregation could receive grants for this initiative. Reverend Collins stated funding was available for the New Horizons Resource Group as it was non-faith based group. This would provide new job opportunities to the community. Mayor Flaherty questioned the "feel" of a Redeemed Life Church service. Reverend Collins reviewed the flow of his Sunday morning services stating the Vice President of Liberia recently visited. He noted his focus was preaching the Word of God to his multi-cultural congregation. Mayor Flaherty stated the Council would have to consider if this use fits with the public's purpose at the Community Center. The idea of separation of church and state was a concern for him as this was a government building. He noted he would investigate this further before making a decision. Reverend Collins indicated his congregation would impact the community through its service to the residents in Mounds View. He added that Horizon Church was currently using this space. Mayor Flaherty thanked Reverend Collins for being present this evening to address questions from the Council. He suggested the Council discuss this item further at the July 5th work session. F. Resolution 7805, Approving Revisions to Section 4 the City's Personnel Manual Pertaining to"Separations." City Administrator Ericson reviewed revisions to Section 4 of the City's Personnel Manual with • regard to Separations. The City Attorney's office, Kennedy and Graven, provided feedback and recommended revisions to the manual. The revised document was before the Council for comment this evening. Staff provided a summary of the revisions. Council Member Stigney questioned if the City's personnel manual had been reviewed with the League of Minnesota Cities model policy. City Administrator Ericson stated he was not certain but stated the language was modeled after the policy. Assistant City Attorney Sonsalla was aware of the League's policy and stated this information would have been taken into consideration with the revisions. Mayor Flaherty asked if the City had to make payment to discharged employees within 24 hours of termination and if it was wise to set such a policy. Finance Director Beer stated this was required by law. Council Member Stigney requested further information on the sentence discussing "from the armed services." Council Member Grain stated this was a Federal ma ndci:e explaining the City had to have a very good reason to lay off a staff member in the armed services. Mayor Flaherty felt this language was confusing. City Administrator Ericson clarified that a job change was not to be construed as a layoff. He noted he would request further clarification on this language from the City Attorney. Mayor Flaherty reviewed the order of layoffs with regard to staff. He felt the manual read like a • Mounds View City Council June 27,2011 • Regular Meeting Page 9 union contract with the layoff criteria. City Administrator Ericson clarified the differences between the need for layoffs versus the need for disciplinary action as it applies to staff. He indicated that if employees were not completing their work properly this would be very evident through their performance evaluations and would be dealt with accordingly. Mayor Flaherty suggested the reference to benefits for fallen fire department members refer to Minnesota State Statute. City Administrator Ericson explained he would have the questions from Council addressed further with the City Attorney and report back at a future meeting. Or, the Council could approve the Resolution this evening if comfortable with the recommended revisions. Council Member Stigney stated he would like to further review the League of Minnesota Cities model policy in conjunction with the City's personnel manual. Assistant City Attorney Sonsalla stated the League's policy was more of a boilerplate or starting point for the personnel manual whereas the City's policy aligned with current personnel practices. Mayor Flaherty requested staff provide the Council with the League's model policy for further review. MOTION/SECOND: Gunn/Hull. To Postpone Resolution 7805, Approving Revisions to Section 4 the City's Personnel Manual Pertaining to "Separations" to the July 11th City Council 4110 meeting with Staff providing additional information to Council by that date. Ayes—4 Nays—0 Motion carried. 8. CONSENT AGENDA Council Member Gunn asked to remove Item A from the Consent Agenda. B. Set a Public Hearing for Monday, July 11, 2011 at 7:05 p.m. to Consider a Conditional Use Permit Amendment for Bauer Welding, 2159 Mustang Drive. MOTION/SECOND: Hull/Flaherty. To Approve Consent Agenda Item 8B. Ayes—4 Nays—0 Motion carried. A. 1 Uralutio LT. 78U, Approving e asoline and riCaLacco Bu:. nc cs Licenses fc: Mounds View BP'Located at 2 1SS Highway 10. Cou.dcii Member Gunn questioned if BP had to complete an environmental compliance check in order to receive a gasoline and tobacco license from the City. City Administrator Ericson stated • a compliance check was not required. He added that he was not aware of any leaks on the site. Mounds View City Council June 27,2011 Regular Meeting Page 10 The MPCA would handle the environmental aspects of the business. • Mayor Flaherty stated he was pleased that the BP would be opening for business at this location. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7804, Approving Gasoline and Tobacco Business Licenses for Mounds View BP located at 2155 Highway 10. Ayes—4 Nays—0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Gunn/Stigney. To Approve the Just and Correct Claims as presented. Ayes—4 Nays—0 Motion carried. 10. APPROVAL OF MINUTES None. 11. REPORTS • A. Reports of Mayor and Council. Council Member Gunn noted she attended a celebration at Moe's this past weekend and GB Leighton was playing. Mayor Flaherty stated Western Bank was having a customer appreciation picnic on Thursday, July 14th from 11:30 a.m. to 1:00 p.m. He encouraged all to attend. Mayor Flaherty reviewed the most recent foreclosure data with the Council stating the trend looked positive as more homes were remaining occupied. He knew this was a slow process, but was pleased to see the foreclosures slowing in the City of Mounds View. Mayor Flaherty indicated the recent census information shows that Mounds View has 12,155 residents and 4,954 households. Each households has an average of 2.54 persons. E. Rep.c>_;:c of Staff. City Administrator Ericson commented the City received $26,000 in funding to assist the City with two recycling/cleanup events, while also providing postage for the Mounds View Matters. He indicated the City held a spring clean up on May'/`I' and had a very high turnout at the event, accepting electronics items for the first time. With the large number of items received, the City 11111 Mounds View City Council June 27,2011 • Regular Meeting Page 11 would exceed this year's recycling budget by$3,000. He questioned how the Council would like to proceed, noting a budget amendment could be approved if agreed to by the Council. Council Member Hull wished to continue with the fall cleanup, limit the number of free items in the future, and consider a budget amendment to be approved at a future date as needed. Council Member Gunn and Council Member Stigney agreed. City Administrator Ericson noted several properties within the Area D Street and Utility Improvement Project had setback issues with their driveways. The driveways in question have been reviewed by the planning department and seven properties were of concern. He asked how the Council would like to proceed and if the aprons should be replaced in compliance with City Code. Mayor Flaherty stated a very small number of properties were affected. However, any encroachment on a neighboring property should be addressed. He felt that non-compliant issues should be addressed in the future if the driveway were to be redone to become compliant with current City setbacks. The Council agreed. City Administrator Ericson reviewed the proposed discussion items for the July 5th work session meeting. The Council then discussed additional funding available for Music in the Park or the • Festival in the Park. Council Member Gunn suggested $2,000 be allotted to the Festival and $1,673 to Music in the Park. Council Member Stigney requested all the funds go to the Festival. Council Member Hull and Mayor Flaherty agreed. Council Member Gunn stated Sergeant Wolf with the Mounds View Police Department was requesting better signage for house numbers on homes set back farther from the street. She requested this be further discussed at a future work session meeting. City Administrator Ericson stated Housing and Code Enforcement Officer Anderson and Building Official Osmonson were working on this issue to assure numbers were posted on buildings or at the street. Mayor Flaherty recommended an article be added to an upcoming Mounds View Matters and that the importance of this issue be addressed on the City's website. City Administrator Ericson stated last week he attended the Ramsey County League of Local Government meeting where he discussed Organized Collection. Two cities presently have organized collection which provided for a very interesting conversation. The Council cocirl discuss this issue furthe,_at a future meeting if there was interew . • Mounds View City Council June 27,2011 Regular Meeting Page 12 III Public Works Director DeBar stated he received an email from Ramsey County's Park and Rec Department. Ramsey County has applied for a grant to complete trail sections in New Brighton along Rice Creek and behind Irondale which would connect into the City's trail system. He indicated Ramsey County was seeking the City's support for this grant opportunity. MOTION/SECOND: Gunn/Hull. To Direct Staff to draft a Letter of Support to Ramsey County for the new bike trails. Ayes—4 Nays—0 Motion carried. C. Reports of City Attorney. Assistant City Attorney Sonsalla had nothing additional to report. 12. Next Council Work Session: TUESDAY,July 5,2011,at 7:00 p.m. Next Council Meeting: Monday,July 11,2011,at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 10:14 p.m. Transcribed by: IIII Heidi Guenther TimeSaver Off Site Secretarial, Inc. III