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HomeMy WebLinkAboutMinutes - 2012/10/22PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 22, 2012 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, October 22, 2012, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, October 22, 2012, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT Herb Zwirn, 7660 Greenfield, provided an update on two concerns he previously discussed with the Council explaining neither had been addressed. He indicated he received a letter from City Administrator Ericson stating the water billing was justified and that he owed the City money. An explanation was not offered by the City and the tree and weed growth was not mentioned. Mr. Zwirn commented that two months later he received a letter from a collection agency indicating he owed the City money. He responded to the collection agency and provided the information requested. The agency accepted his position and withdrew the collection process. Mr. Zwirn thought the matter was handled at that time. However, upon receiving his property tax statement, there were charges against him from the City of Mounds View. After speaking with the State of Minnesota, he was told his options at this time were to pay the taxes, speak with the City Council, or take legal action. Mr. Zwirn expressed frustration with the City and how this situation had been handled. He requested the Council address this matter, in conjunction with the weed and tree issues. Mr. Zwirn accused the City Administrator of doing an “end around.” Mayor Flaherty did not appreciate the accusation on City Staff and requested that City Administrator Ericson have a moment to respond. Finance Director Beer commented that the City of Mounds View does not use a collection agency. He indicated that statement was fraudulent and was not sent by the City. Mr. Zwirn noted he could provide the City with a copy of the letter. City Administrator Ericson explained the water line for Mr. Zwirn was on an assessment roll. Mr. Zwirn requested the matter be reviewed, and after review by the Council, the assessment proceeded. There was no “end around” with this matter. The same procedure was followed for all overdue or outstanding utility bills last year. He stated a letter was then sent to Mr. Zwirn stating the matter would proceed as an assessment. Mr. Zwirn stated he could provide City Staff with copies of all of the documentation for this matter. He indicated this building has been vacant and the water usage has not increased, which led him to question the water bills. Mayor Flaherty stated the documentation would be useful in resolving the matter. He recalled that after inspecting the meter for Mr. Zwirn it was found to be operating correctly. He requested Staff review the water meter and weed issue further on the property and report back to the Council. 6. SPECIAL ORDER OF BUSINESS A. Certificate of Appreciation – Eagle Scout Caleb Anderson Mayor Flaherty read a Certificate of Appreciation for Eagle Scout Caleb Anderson thanking him for planning and developing landscaping improvements for the City Hall campus. B. Donation Presentation by the Mounds View Festival in the Park Committee Assistant City Administrator Crane commented two members from the Festival in the Park Committee were present this evening to provide the City with a donation for K-9 Officer Niko. Theresa Cermak explained donations were accepted this year at Festival in the Park to assist with offsetting the expense of the City’s K-9 unit. She proudly presented the City with a check for $312.05. The Council and Staff offered up a round of applause. Police Chief Kinney thanked the Festival in the Park Committee for their generosity along with everyone who contributed at this year’s event. Mayor Flaherty thanked all of the Festival in the Park volunteers for their assistance and planning the event on a yearly basis. 7. COUNCIL BUSINESS Water Bill Discussion for 6942 Pleasant View Drive. Finance Director Beer stated this item was discussed at the October 8, 2012 Council meeting. The proposed assessment against this property was in question by the property owner and she requested it be forgiven. The Council requested further information from Staff, which was provided to the Council prior to this meeting. He requested the Council discuss the matter further and provide direction to Staff on how to proceed. Becky Ness, 6942 Pleasant View Drive, thanked the Council for reviewing this matter further and appreciated Staff for gathering her account information. Dick Combin, 2832 Woodcrest Drive, asked if the water meter could have been “stuck” based on the deposits in the water. He stated meters were supposed to be checked at three different levels. Finance Director Beer commented if the meter would have “stuck,” the reading would have been lower and not higher. Public Works Director DeBar indicated the City did follow the proper testing procedures. Mayor Flaherty questioned when the first letters were sent to Ms. Ness. Ms. Ness indicated the first letter was sent back on April 12, 2004, and that four letters were sent in total. Mayor Flaherty asked when the City was allowed to replace the reader. Finance Director Beer indicated this work was completed on May 15, 2008. Mayor Flaherty inquired why it took four years for the work to be completed. Ms. Ness stated her husband did contact the City on two occasions and received no response. Mayor Flaherty noted the City did try to gain access to the property over a four year period. He stated the average use for this property was 25 units per quarter. If the property had used 1,000,000 gallons over the four years, the property would have used 47 units per quarter. He commented the numbers didn’t seem too far off. Ms. Ness asked if the City could reach a compromise with her applying an average based on her actual use and not the 1,000,000 gallons. Finance Director Beer commented no interest, late fees or sewer charges were included in this bill. He stated the City has been working with Ms. Ness to resolve this issue. Ms. Ness indicated she has paid $518 on the outstanding bill and that there was still $900 remaining in the balance. She expressed frustration that the City had no proof that the water was used. Mayor Flaherty explained the City had to decide if 947 units of water ran through her meter. He stated the Council knows that the meter tested positively. He questioned how the Council would like to proceed on this matter. Council Member Stigney was in favor of following the City Attorney’s recommendation. The City Attorney’s comments were reviewed with Ms. Ness. Council Member Hull stated he did have a toilet that ran constantly and this did increase his water bill dramatically. He commented this could be the case with the Ness family and could account for the water used. He added that the lack of response was also a concern to him. Council Member Mueller reviewed the water usage for Ms. Ness on a quarterly basis for the years 2000 and 2001. She noted several quarters did have usage over 47 units. She did not feel it was right to ask another resident to cover the expense of this outstanding water bill. She commented the City was generous in not adding late fees or interest. She apologized for the problem with the water meter and wished the issue would have been resolved in a more timely manner. Ms. Ness did not understand that she was asking her neighbors to cover her water bill. That was not her intention. Finance Director Beer commented the water meter for Ms. Ness was replaced in 1998. He reported the City received regular readings each quarter from that time until 2004. For this reason, he felt it was highly unlikely that the meter “stuck”. Council Member Gunn indicated the test results for the meter were clear. She noted the water consumption was clear and she would have to agree with the Council on this matter. Mayor Flaherty found it difficult to come up with findings of fact with this case. He stated the numbers were not far off and it was apparent that Ms. Ness used more than the estimated 25 units of water per quarter over the four years in question. He had to follow the recommendations of Staff based on the water meter test results and the information presented this evening. He apologized for the situation. Ms. Ness asked she could work out a payment plan with the City. Finance Director Beer stated the outstanding amount was scheduled to be certified with the County to be assessed against Ms. Ness’ property. In order to reverse this, the Council would need to remove this item from the pending assessment roll. He did not recommend establishing a payment plan as no progress has been made over the past 15 months. City Administrator Ericson requested the Council make a formal motion on this issue. MOTION/SECOND: Mueller/Hull. To Deny the Request of Resident Becky Ness at 6942 Pleasant View Drive for an Adjustment to her Water Bill. Ayes – 5 Nays – 0 Motion carried. Resolution 8003, Authorizing a Step Wage Adjustment for Public Services Officer (PSO) Craig Swalchick. Mayor Flaherty stepped out of the Council chambers at 7:55 p.m. Assistant City Administrator Crane stated that Public Services Officer Craig Swalchick was a current employee with the City of Mounds View, with the Mounds View Police Department. She explained Officer Swalchick’s supervisor has reviewed his performance and determined he has performed satisfactorily. Staff recommends a step wage adjustment with an effective date of October 26, 2012. Mayor Flaherty returned to the meeting at 7:57 p.m. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8003, Authorizing a Step Wage Adjustment for Public Services Officer (PSO) Craig Swalchick. Ayes – 5 Nays – 0 Motion carried. Resolution 8004, Approving the PUD Agreement for the Coventry Senior Living Development. Planning Associate Heller reviewed the Planned Unit Development (PUD) Agreement for the Coventry Senior Living Development with the Council. She explained the PUD zoning offered greater flexibility for this development. She noted the three parcels within this development were just over two acres in size. Staff recommended approval of the PUD agreement. Mayor Flaherty requested an update on this development. Planning Associate Heller reported this was a big project and the properties were at the title companies at this time. Council Member Mueller requested Staff to work with the developer on the placement of a monument sign in front of the building to assure the placement did not obstruct sight lines for traffic. Planning Associate Heller reviewed the potential location of the monument sign with the Council stating it would have to be 15 feet back from County Highway 10. Council Member Mueller questioned if Ramsey County would be working with the developer on the deceleration lane. City Administrator Ericson stated it would be in the County’s best interests to work with the developer on this issue as the developer would be covering the expense. Planning Associate Heller commented the County has been made aware of this development and the necessary turn lane. Mayor Flaherty suggested the developer be proactive on this issue and only involve the City if the County was unresponsive. Council Member Gunn asked if the 10 foot wide trail would be used by employee vehicles. Planning Associate Heller indicated this access would be used as a trail or for emergency vehicles. Signage could be posted by Coventry if this becomes a concern. Council Member Mueller inquired the number of entrances to underground garage. Planning Associate Heller explained there was only one entrance/exit point. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8004, Approving the PUD Agreement for the Coventry Senior Living Development. Ayes – 5 Nays – 0 Motion carried. Resolution 8005, Adopting a Special Assessment Levy for a Private Improvement at 5086 Silver Lake Road. Finance Director Beer stated the resident at 5086 Silver Lake Road had an issue with their sewer line, which affected their retaining wall and sidewalk. The resident was unable to make the repair. The resident approved of the City hiring a contractor to make the repairs, which totaled $5,910. Staff recommended this amount be assessed over five years at 5.5%. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8005, Adopting a Special Assessment Levy for a Private Improvement at 5086 Silver Lake Road. Ayes – 5 Nays – 0 Motion carried. Resolution 8006, Approving a Non-Standard Street Design for Hillview Road in Area F of the Street and Utility Improvement Program. Public Works Director DeBar stated that the City was working to design Area F of the City’s Street and Utility Improvement Program. He reviewed the portion of the City included in Area F stating Hillview Road would be a non-standard street and would have to follow MSA standards. Staff and consultants from Stantec reviewed the proposed roadway designs with the surrounding residents and Street Committee. He thanked the residents for providing feedback through this process. He then discussed the proposed roadway width, bike lane/sidewalk, signage, and south side on-street parking in detail. Staff recommended approval of the non-standard street design for Hillview Road. Council Member Mueller asked if the Streets Committee supported the design. Public Works Director DeBar indicated this design has unanimous support of the Street Committee. Mayor Flaherty asked if the sidewalk would be located on the north or south side of the roadway. Public Works Director DeBar indicated the sidewalk would be on the north side of the roadway. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 8006, Approving a Non-Standard Street Design for Hillview Road in Area F of the Street and Utility Improvement Program. Ayes – 5 Nays – 0 Motion carried. Resolution 8007, Approving a Non-Standard Street Design for Edgewood Drive in Area F of the Street and Utility Improvement Program. Public Works Director DeBar stated that the City was working to design Area F of the City’s Street and Utility Improvement Program. He reviewed the portion of the City included in Area F stating Edgewood Drive would be a non-standard street and would have to follow MSA standards. Staff and consultants from Stantec reviewed the proposed roadway designs with the surrounding residents and Street Committee. He discussed the proposed roadway width, bike lane/sidewalk, signage, and on-street parking in detail. He commented the proposed design was unanimously approved by the Street Committee. Staff recommended approval of the non-standard street design for Edgewood Drive. Mayor Flaherty asked if the sidewalk outside of City Hall would be maintained. Public Works Director DeBar stated this sidewalk would remain in place. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8007, Approving a Non-Standard Street Design for Edgewood Drive in Area F of the Street and Utility Improvement Program. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA None. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. He noted this was the last set of Just and Correct Claims that would be prepared by Ms. Norquist. He thanked Marge Norquist for her many years of dedicated service to the City of Mounds View. MOTION/SECOND: Gunn/Stigney. To Approve the Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES September 24, 2012, City Council Meeting Minutes. MOTION/SECOND: Mueller/Stigney. To Approve the September 24, 2012, City Council meeting minutes as presented. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS Reports of Mayor and Council. Council Member Mueller commented the Ramsey County League of Local Government meeting would be held on Thursday, October 25th and the guest speaker would be Craig Rapp and the topic of discussion would be “Lean Thinking”. Council Member Mueller indicated the Ramsey County League of Local Government would meet again on Thursday, November 15th and the topic of discussion would be an election recap with local impacts. Council Member Mueller stated after the evaluation of the 2012 Festival in the Park, officers for the 2013 event were established. In addition, next year’s event date was selected to be Saturday, August 17, 2013. She was pleased with the evaluation process and encouraged those interested in assisting with the event to volunteer. She stated the next meeting would be held on November 14th at City Hall. Mayor Flaherty reviewed highlights from the most recent Mounds View Business News. B. Reports of Staff. City Administrator Ericson stated Staff was approached by Bill Urbanski to consider a resolution proposed by Minnesota Arms Spending Alternatives Project (ASAP). The resolution would shift federal funds from the war, or the minority, to providing needs for the majority. He commented he tried to research the matter further and was not successful in verifying the information. He requested the Council review the resolution and provide feedback to Staff on how to proceed. Bill Urbanski, 2367 Sherwood Road, indicated he presented this resolution to the Council at their last worksession meeting. He felt this Resolution should be considered by the City to ensure federal spending levels are reviewed. He understood the City of St. Paul discussed and approved this resolution. He commented Minneapolis and Duluth would be considering this same resolution. He requested Mounds View take action on this item at their November 13th meeting. Mayor Flaherty stated the consensus of the Council at the worksession meeting was to move forward with this item. However, some of the facts were still uncertain and may have to be left off the resolution. Mr. Urbanski stated he would provide Staff with the resolution approved by St. Paul with revisions. Mayor Flaherty questioned how the Council wanted to proceed. Council Member Stigney stated this was a well-intentioned resolution but was not in favor of the City Council of Mounds View taking action on this item. He would like to see the Council remain apolitical on these items. Council Member Hull asked how local cities would benefit from passing this Resolution. Mr. Urbanski stated that the Resolutions would be passed along to State and Federal representatives making them aware of the need for policy changes at a national level. He further discussed how higher federal spending took away from the availability of local dollars. He saw great benefit in bringing this issue from the bottom up to show the federal government the City was feeling the impact of budget cuts. Council Member Hull was in favor of moving forward with the resolution. Council Member Mueller agreed with Council Member Stigney on this issue and requested the City remain apolitical. She suggested Mr. Urbanski begin a petition for this issue. Council Member Gunn was in favor of removing Paragraphs 2, 3, 5, and 7 addressing finances from the resolution. This would create a much more generic resolution that she could then support. Mayor Flaherty stated he did not disagree with the resolution, but did not want this to become a partisan issue. He wanted to maintain a non-partisan level of government at the local level and for this reason, he would not support the resolution moving forward. City Administrator Ericson stated the Charter Commission met several weeks ago and discussed Chapter 8 of the Charter. He indicated the Charter would meet again on November 14th. Finance Director Beer indicated he attended the Minnesota Society of CPA’s today and received a great deal of information along with legal updates. Public Works Director DeBar provided the Council with project updates noting the water tower was complete and would be filled once everything had cured. He noted Lambert Park would be completed in the near future and a ribbon cutting ceremony was being planned for sometime in November. He noted the City Forester position was being discussed by Staff. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 12. Next Council Work Session: Monday, November 5, 2012, at 7:00 p.m. Next Council Meeting: TUESDAY, November 13, 2012, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:16 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.