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HomeMy WebLinkAboutMinutes - 2003/10/13L~ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ,~~2 ' X23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 ~3 45 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~.. fi ~1 __ ._ 1. 2. 3. 4. MEETING IS CALLED TO ORDER PLEDGE OF ALLEGIANCE Regular Meeting October 13, 2003 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn APPROVAL OF AGENDA Mayor Linke indicated he would like to handle all of the items requiring the City Attorney and then excuse him from the meeting in an attempt to keep legal costs down. City Administrator Ulrich indicated he would like the attorney to comment on Item 9V as well as Items L and M concerning the franchise fee. A. Monday, October 13, 2003 City Council Agenda. MOTION/SECOND: Marty/Gunn. To Approve the Monday, October 13, 2003 Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT Michele Sandback of 2356 Sherwood Road requested an update on the soundwall and where it fell on the list of priorities for the City. Mayor Linke indicated that Council had prioritized issues but said he did not have the list in front of him. Public Works Director Lee indicated the City Council authorized the feasibility study and Staff met with the County and MNDOT to discuss issues and is now setting up a meeting with the Watershed District and will put together a draft for the first part of December. City Administrator Ulrich indicated he would provide Ms. Sandback with the priority document. Mounds View City Council October 13, 2003 Regular Meeting Page 2 ~1 2 Council Member Marty reiterated that the City is working on a plan for the berming. He then 3 said he has been discussing the matter with Staff. 4 5 Deb Ward of 5046 Long Lake Road indicated that she was at this meeting to set the record 6 straight on erroneous information provided by former Mayor Sonterre concerning the sidewalk 7 on H. She then reminded Council that Mr. Sonterre had said that the County was coming 8 through with anine-foot sidewalk if the City did not put one in but she has verified through the 9 County that those statements are false. 10 11 Greg Ways from Roberts Sports Bar 2400 County Road H2 addressed Council and asked why he 12 had not been notified of the proceedings concerning the Community Center since he is intimately 13 involved. 14 15 Mayor Linke apologized for the mistake and agreed that Mr. Ways was deeply involved and 16 should have been notified. He then indicated that there would be no action at this meeting only a 17 discussion concerning contract compliance. 18 19 Council Member Marty indicated that one of the things that was discussed was if there is a 20 change of vendor the City would need to send out requests for proposals and that would need to x,21 be posted. 2 23 Mitchell Dvorak of 2100 Buckingham Lane indicated he had come to the meeting to notify the 24 City that the association members have expired terms of office and should not be representing 25 anyone within the park. 26 27 6. SPECIAL ORDER OF BUSINESS 28 29 A. Resolution No. 6112 Appointing a Park and Recreation Commissioner, 3o Chairperson, and Vice Chairperson 31 32 Mayor Linke read Resolution 6112. 33 34 Council Member Many thanked the Mayor for including all the applications and then said that all 35 the applicants were good but he felt there was another candidate that would be better qualified 36 than the one presented for approval by the Mayor. 37 3s Council Member Stigney asked if Mayor Linke interviewed the candidates. 39 4o Mayor Linke indicated he made his recommendation strictly based upon the resumes. 41 42 Council Member Stigney indicated that he also felt that the second candidate has more ~3 experience. 44 45 Council Member Gunn indicated that she agreed with Council Members Marty and Stigney. •, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 ~1 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 ~3 45 Mounds View City Council October 13, 2003 Regular Meeting Page 3 MOTION/SECOND: Quick/Linke. To Approve Resolution No. 6112 Appointing a Park and Recreation Commissioner, Chairperson, and Vice Chairperson. MOTION/SECOND: Stigney/Marty. To Amend the Resolution to Name Shari Kunza to the Park and Recreation Committee. Mayor Linke indicated he disagrees with Council. He then said he spent a lot of time on this and he feels his recommendation would be the best person for the Commission. Ayes - 3 Ayes-3 Nays - 2(Quick/Linke) Motion carried. Nays - 2(Quick/Linke) Motion carried. 7. JUST AND CORRECT CLAIMS A. Just and Correct Claims Council Member Marty asked for clarification on Check Number 111849. Mayor Linke indicated that it was a refund of a deposit. Council Member Marty asked for clarification on Check Number111832. Finance Director Hansen indicated that the check was for an ad run for the banquet center. He then explained that the bill was split among the City, the banquet center and Roberts. Council Member Marty asked for clarification on Check Number 11859. Finance Director Hansen indicated it was for an ad for the banquet center. Council Member Marty asked for clarification on Check Number 111939 to Nextel for cell phones. He then commented that one cell phone seemed to be much higher than the others. Finance Director Hansen indicated that the cell phone charges are billed by departments and the larger one is for the police department and there are a number of telephones. Finance Director Hansen indicated that Check 111909 for ice cream for national night out would be reimbursed by the Lions by the donation already received. He then indicated that Staff brings all donations to the Council's attention on the off chance it would be something that the City does not want to accept. MOTION/SECOND: Marty/Stigney. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. •, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 ~1 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Mounds View City Council October 13, 2003 Regular Meeting Page 4 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for 7:05 p.m., October 27, 2003, to Consider the First Reading and Introduction of Ordinance 711, an Ordinance Establishing a Pawn Overlay District C. Resolution No. 6107 Approving 2004 SCORE Grant D. Resolution No. 6109 Authorizing the Preparation of Plans and Specifications for the 2003 Street Improvement Project -Phase I E. Resolution No. 6110 Authorizing the Preparation of a Preliminary Feasibility Report, Consultant Selection, and execution of a Supplemental Letter of Agreement for Survey Work for the 2003 Street Improvement Project -Phase II F. Resolution No. 6113, Adopting a Roadway Major Maintenance Financing Policy G. Resolution No. 6115, Authorizing the Execution of the State of Minnesota Grant Agreement for a Tree Inventory/Database Grant H. Resolution No. 6116, Approving Change Order Number 1 for the Water Tower Rehabilitation Project Application of a Complete Finish Coat to the Bottom Two Courses of the Tank Column I. Resolution No. 6119, Approving the Preliminary Feasibility Reports for the Manufactured Home Park Second Access Study -Mounds View Manufactured Home Community and Towns Edge Terrace J. Resolution No. 6121 Ratifying the Labor Contract with Law Enforcement Labor Services, Inc. (L.E.L.S), Local No. 204 for 2003 K. Resolution No. 6122 Ratifying the Labor Contract with the Public Works Bargaining Unit for 2003 L. Set a Public Hearing for 7:10 p.m. October 27, 2003, to Consider a Conditional Use Permit for anOver-sized Garage at 7850 Spring Lake Road Council Member Gunn requested that Item G be removed for discussion. Council Member Stigney requested that Item F be removed for discussion. Council Member Marty requested that Item C be removed for discussion. MOTION/SECOND: Quick/Marty. To Approve Consent Agenda Items A, B, D, E, H, I, J, K and L as Presented. Ayes - 5 Nays - 0 Motion carried. 41 Council Member Marty asked whether going to one recycler would reduce costs and provide 42 more accountability. 3 4 Public Works Director Lee indicated the dollar amount for the SCORE grant would not change. 45 He then said that the matter would be on the November 3, 2003 work session for discussion. Mounds View City Council October 13, 2003 Regular Meeting Page 5 • 1 2 MOTION/SECOND: Marry/Gunn. To Approve Consent Agenda Item C as Presented. 3 4 Ayes - 5 Nays - 0 Motion carried. 5 6 Council Member Stigney indicated he disagreed with the policy as proposed because it would 7 change how the City assesses for street improvements to a unit basis rather than per front 8 footage. He then said that he does not feel it is fair to make those with smaller lots pay the same 9 as those with larger lots. 10 11 MOTION/SECOND: Quick/Gunn. To Approve Consent Agenda Item F as Presented. 12 13 Council Member Marty indicated that Council has been told that this method seems to be more 14 equitable for individual homeowners. 15 16 Public Works Director Lee indicated that for a neighborhood reconstruction you make the 17 assumption that all houses are of the same dollar value and mostly the same size and the City's 18 ordinance states that the per unit method is advantageous with the same dollar amount. 19 20 Council Member Marty indicated the City has had an issue with corner lots and how to handle 21 the assessments. He then asked if people with double lots that could be subdivided are charged ~2 for one unit or two. 23 24 Public Works Director Lee indicated that, if there are two lots, the residents are charged for two 25 even if there is only one house on the lot. 26 27 Council Member Stigney reiterated that he feels the benefit is to those residents with the larger 28 lots and it is not a fair deal for everyone. He then said that there are variations in the lot sizes in 29 his neighborhood. 30 31 Public Works Director Lee indicated that the formula also assumes that all single family 32 residences generate the same amount of traffic and that is another reason to treat them the same. 33 34 Ayes - 4 Nays - 1(Stigney) Motion carried. 35 36 Council Member Gunn asked where the City's portion of the matching grant would come from. 37 38 Public Works Director Lee indicated the funds would come out of the forestry budget. 39 4o Council Member Gunn asked what the funds would normally be used for. 41 42 Public Works Director Lee indicated that in the past the City has gotten a grant for oak wilt ~3 control but that is not available to the City anymore. 4 45 MOTION/SECOND: Marty/Gunn. To Approve Consent Agenda Item G as Presented. Mounds View City Council October 13, 2003 Regular Meeting Page 6 ~1 2 Ayes - 5 Nays - 0 Motion carried. 3 4 9. COUNCIL BUSINESS 5 6 A. Public Hearing to Receive Public Input and Pass Upon Resolution 6123 7 Adopting a Special Assessment Levy for Delinquent Public Utility Accounts. 8 9 Mayor Linke opened the public hearing at 7:45 p.m. 10 11 Finance Director Hansen indicated the City's previous policy was to engage in water utility 12 shutoffs to collect delinquent accounts but that has been changed and the City assesses the 13 amount to the property tax for collection. He then indicated that those on the list to be certified 14 were delinquent as of May 31, 2003 and Staff has made numerous attempts to collect the 15 outstanding amounts. 16 17 Council Member Quick asked whether there were so many in arrears when the City used to shut 18 the water off. 19 20 Finance Director Hansen indicated he was not sure but said he would guess that to a large extent 1 it is the same people. 2 23 Council Member Quick indicated that he does not approve of the policy change as he thinks 24 shutting the water off gets their attention much faster. He then said it would be nice if people 25 could pay their bills. 26 27 Mayor Linke closed the public hearing at 7:47 p.m. 28 29 Council Member Quick asked that the list of names be read. 30 31 Finance Director Hansen pointed out that the City would be adding a $25.00 administrative fee to 32 the outstanding amount. He then said that the reason he suggested the policy change is because it 33 is an efficient means of collecting and it avoids the severe impact of going without water but 34 collects for the City in an efficient manner. 35 36 Mayor Linke indicated that one of the delinquent accounts is a business that is over $1,300 after 37 adding the administrative costs. 38 39 Council Member Quick asked whether the City is 100% sure that it will get the money. 40 41 Finance Director Hansen indicated that nothing is 100% but this method has a high rate of 42 success. 3 4 Council Member Quick indicated he would like the list read but if Council does not agree that is 45 fine. Mounds View City Council October 13, 2003 Regular Meeting Page 7 ~1 2 Council Member Stigney suggested Staff look into whether the City could withhold renewal of 3 licenses for failure to pay utilities. He then said it may be possible to collect the business 4 delinquencies a different way rather than through assessing. 5 6 Finance Director Hansen cautioned the Council against making subjective determinations on 7 ways to collect different accounts. 8 9 Council Member Stigney asked if Sam's has contacted the City. to 11 Finance Director Hansen indicated that the utility billing person handles that type of matter. 12 13 Council Member Stigney suggested Staff look into the matter a little further. He then said that 14 some people may be legitimately strapped for cash but there are some that may be abusing. 15 16 City Administrator Ulrich indicated Staff would cross check the list with the business licenses to 17 see if there is any leverage with issuing the licenses. He then said it would be his 18 recommendation to approve as it is consistent with current policy and Staff can look at different 19 policies for businesses if Council desires. 20 1 Council agreed not to read the list. 2 23 A resident asked how long the people have been delinquent. 24 25 Finance Director Hansen indicated that this list was delinquent as of May 31, 2003. 26 27 MOTION/SECOND: Stigney/Marty. To Waive the Reading and approve Resolution 6123, a 28 Resolution Adopting a Special Assessment Levy for Delinquent Public Utility Accounts. 29 30 Ayes - 5 Nays - 0 Motion carried. 31 32 B. County Road H2 Street Improvement Project -Assessment Issues 33 34 Public Works Director Lee indicated there have been three main issues with this project. The 35 first is the increase in the assessment amounts from what was communicated when the feasibility 36 report came out and that was due to an increase in the water main installation cost. The second 37 issue is that there are five properties with rear yard frontage and one with side yard frontage and 38 they are included in the 2003 street improvement project proposed for 2004 so the issue is how to 39 deal with these properties. The third issue is interest on the project that has not been completed. 40 He then indicated that Council does have the right to assess for the project at any time and some 41 communities do assess prior to the commencement of the project. 42 3 Mayor Linke asked whether the engineer's estimate was way off or how the water main cost ~4 ended up double. 45 Mounds View City Council October 13,.2003 Regular Meeting Page 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 ~1 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Public Works Director Lee indicated the main issue is that the bids were almost twice as much as expected. He then said that it is up to the discretion of the bidders. Mayor Linke indicated that Staff recommends that the City pay for the increased costs to be funded through the City's municipal state aid account. Council Member Stigney asked if there is any way the City could prevent this type of thing from happening in the future. Public Works Director Lee indicated that in terms of bidding the City is at the mercy of whatever bids are received. He then commented that under the new policy the amount would have been lumped into total project costs and divided among the property owners. MOTION/SECOND: Quick/Marty. To Approve the Staff Recommendation. Ayes - 5 Nays - 0 Motion carried. Mayor Linke indicated that Staff recommends certifying the assessment roll as proposed and when residents are assessed as part of the 2003 street improvement project those assessments should be reduced by the amount of the County Road H2 project. Council Member Marty indicated that not all the side streets would be done in 2004 or 2005 and he wants to make sure that they get credit in the future. Public Works Director Lee indicated that records would be kept and Council at the time could determine how to handle the assessment. Council indicated that they would like it made known to future Councils that they would like those residents to receive credit for the H2 assessment amounts. MOTION/SECOND: Marty/Gunn. To Approve the Staff Recommendation. Ayes - 5 Nays - 0 Motion carried. Mayor Linke indicated that Staff recommends holding the assessment hearing on October 13, 2003 as proposed. 38 Dave Vinkstra of 3000 County Road H2 asked when the contractor gets paid. He then asked if 39 there was any relationship between that and the assessment date because he would be opposed to 4o paying for delays excuses and a mess. 41 42 Blaine Fyksen of 3048 County Road H2 asked if there was a final project termination date on the ~3 H2 project. 4 Mounds View City Council October 13, 2003 Regular Meeting Page 9 •. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 ~1 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 ~3 45 Public Works Director Lee indicated the original termination date was changed because the City did not have the power poles down. Mr. Fyksen indicated that he has had silt fence in his yard for 13 months or so and he does not see a termination date on this project. He further commented that they have been told that the project would be done soon for the last six to eight months and he has not seen more than four workers at a time out on the site. Public Works Director Lee indicated that he has had discussions with the contractor and they have begun today to finish the project and have made a commitment to stay on it until it is complete and they are shooting for the end of the construction year, mid-November. Mike Maroni of 5045 Brighton Lane asked if the contractors have been paid for any part. Mayor Linke indicated that they are paid for the different phases of construction as they are finished. Mr. Maroni recommended not paying any more until the project is completed. Council Member Marty indicated he has received a number of calls on this. He then said the residents are exasperated because the project is not being completed and they only see a few guys out on the site at a time. He then asked when the contractor is going to have a full crew on this project and really get going on getting it completed. Public Works Director Lee indicated it was his understanding that they would have a full crew there today to begin working on finishing the project. Council Member Marty suggested that these delays be considered when this contractor puts in any future bids. MOTION/SECOND: Quick/Gunn. To Approve the Staff Recommendation. Ayes - 5 Nays - 0 Motion carried. C. Public Hearing to Receive Public Input and Pass Upon Resolution 6124 Adopting a Special Assessment Levy for the County Road H2 Street Improvement Project Mayor Linke opened the public hearing at 8:10 p.m. Mayor Linke closed the public hearing at 8:12 p.m. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 6124, a Resolution Adopting a Special Assessment Levy for the County Road H2 Street Improvement Project. Mounds View City Council October 13, 2003 Regular Meeting Page 10 1 2 Council Member Stigney asked whether all residents were aware that they have until 4:30 p.m. 3 on October 13, 2003 to pay and avoid the $25.00 administrative fee. 4 5 Public Works Director Lee indicated that the notices were sent out at least 14 days prior to this 6 meeting explaining the legal rights and how to avoid any additional charges or interest accruing. 7 8 Council Member Gunn indicated the Resolution contained erroneous references to tree removals. 9 l0 Finance Director Hansen indicated he was helping Mr. Lee and copied a Resolution but did not 11 change that portion of it. He then apologized for the confusion. 12 13 Public Works Director Lee indicated that Staff would amend the language of the Resolution and 14 insert the assessment roll originally included in the feasibility report. 15 16 MOTION/SECOND: Gumi/Stigney. To Amend Resolution 6124 to Correct the Language as 17 Discussed. 1s 19 Ayes - 5 Nays - 0 Motion carried. 20 1 Ayes - 5 Nays - 0 Motion carried. 2 23 D. Public Hearing and to Receive Input and Pass Upon Resolution 6125 24 Adopting a Special Assessment Levy for Diseased Tree Removals 25 26 Mayor Linke opened the public hearing at 8:16 p.m. 27 28 Finance Director Hansen indicated that every year the City forester removes diseased trees and 29 owners are contacted by the forester and given the opportunity to take care of the tree themselves 30 or have the City do so and have the amount charged to them. This resolution would adopt special 31 assessments for the outstanding diseased tree removal costs that have not been paid. 32 33 Jeff Steinberg 2200 Oakwood Drive indicated that his mother owns the property and has been 34 making payments to the City toward the outstanding balance. He then said that his mother has 35 been making consistent payments and, if this is approved, there is the addition of a $25.00 36 administrative fee which he feels is large in relation to the small dollar amount and the 4.5% 37 interest. 38 39 Finance Director Hansen indicated that at the time this was prepared there had been some months 4o without payments but the resident has now brought in two checks for $10.00 to get back into 41 payment. He then said that this is for trees taken down in the year 2000 and, if things keep going 42 this way, it would be 2007 before the bill was paid off. He further commented that it would be ~3 difficult or impossible to force a new owner to finish the payments unless it is certified to the 4 property taxes. 45 Mounds View City Council October 13, 2003 Regular Meeting Page 11 1 Mayor Linke suggested that the policy to be discussed later in the meeting may have an impact 2 on this item. 3 4 Finance Director Hansen indicated that Council needed to consider what types of assessments the 5 policy would be applied to. 6 7 Mr. Steinberg indicated he has not seen his mother's finances but she has made assertions that 8 she was not given proper credit for payments. He then said he would appreciate it if a deferral 9 could be given for this matter. 10 11 Lucille indicated that in July she wrote a check for $20.00 and was only given credit for $20.00. 12 She then said that she has a fixed income and would like to continue with her payment 13 arrangement as agreed to by the City. 14 15 Lucille indicated that she has been making payments of $10.00 per month but she is on social 16 security and will be 82 next month which makes it hard for her to get out of the house to mail or 17 deliver the payments but she would always make up for it the next month. She then said that she 18 has not been evading in any way and would hope that she would not have to pay 4.5% interest 19 because it has been her intention from the start to make her payments until she is paid in full. 20 ~1 Mayor Linke closed the public hearing at 8:30 p.m. 2 23 Finance Director Hansen indicated that Minnesota Statutes and the City's Charter allow deferrals 24 on assessments to those 65 and older and to those that are disabled. He then said it is possible 25 that the City adopted guidelines to follow but Staff could not find them and has brought this 26 policy forward to update it. 27 28 Finance Director Hansen indicated Staff would like to keep the guidelines simple and 29 straightforward to ease in administration. He then recommended setting the guidelines of age 65 30 or older or totally and permanently disabled as determined by the Social Security Administration 31 or other appropriate authority. He went on to list the other recommended guidelines for the 32 policy. 33 34 Finance Director Hansen suggested that Council include a guideline for what types of deferrals 35 will be considered. 36 37 Mayor Linke suggested that assessments that would be generated by the City such as public 38 improvements, tree removals and similar items be listed for deferral but not such things as public 39 utilities. 40 41 Finance Director Hansen asked if weed-cutting assessments should be included. 42 3 Council Member Stigney suggested amending the policy to read for deferral of payment of ~4 special assessments for public improvements and diseased tree removals. 45 Mounds View City Council October 13, 2003 Regular Meeting Page 12 1 Council Member Marty commented that Item 6 indicates residents must file an application for 2 deferral before September 15 for the year in which the deferral is provided. 3 4 Finance Director Hansen indicated that September 15 was suggested to provide enough time for 5 Staff to provide the information to the County to make their deadline but noted in these cases this 6 is being done after that date so applications will be accepted. 7 8 Council Member Stigney asked what the standard would be that Council would use to determine 9 if a hardship exists. He then asked if Minnesota Statutes lists hardship criteria. He further l0 commented that age 65 to him is not a hardship alone. 11 12 Finance Director Hansen indicated that some cities have income limits and others have some 13 kind of limit on the value of the property. 14 15 Mayor Linke asked what guidelines the City uses now to set payment arrangements. 16 17 Finance Director Hansen indicated he would want something that recognized the ability to pay 18 but also got the bill paid in a reasonable time period. He then indicated that Staff had said that 19 $10.00 per month was not reasonable but suggestions for larger amounts were rejected. 20 21 Finance Director Hansen indicated that for any future case he would not recommend payment ~2 periods that long for the removal of a diseased tree. 23 24 Council Member Marty left the room at 8:47 p.m. 25 26 Council Member Stigney indicated he would like Staff to review Minnesota Statutes to see what 27 it lists for criteria. 28 29 Finance Director Hansen indicated that Statue Statute does not list anything and leaves it up to 30 the City Council to define. 31 32 Council Member Stigney indicated he would recommend that the City use a guideline to 33 determine income based on the guidelines and the ability to pay. 34 35 Council Member Marty returned at 8:50 p.m. 36 37 Mayor Linke suggested the Finance Department determine the resident's ability to pay. 38 39 Finance Director Hansen indicated that, in his opinion, Lucille has the ability to pay and Council 4o feels she does not. 41 42 City Administrator Ulrich indicated that one of the goals should be to keep it simple for 3 administrative purposes. He then said that he would look into income qualification information ~4 through the County and report back. 45 Mounds View City Council October 13, 2003 Regular Meeting Page 13 • 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 ~1 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 ~3 45 Finance Director Hansen indicated there are reporting deadlines to get the information to Ramsey County and the City has to allow 30 days for payment without interest to elapse. Mayor Linke asked what that deadline would be. Council Member Gunn indicated it was November 26, 2003 for improvement projects. Finance Director Hansen indicated that he was not sure whether the diseased tree deadline was November 26 or December 31. Council Member Marty left the meeting at 8:53 p.m. MOTION/SECOND: Stigney/Gunn. To Postpone Items D and U. Ayes - 4 Nays - 0 Motion carried. Mayor Linke asked for assistance from Staff to determine qualifications for payment. Council Member Quick asked fora five-minute break. Council recessed at 8:54 p.m. Council reconvened at 9:03 p.m. Mayor Linke indicated that Council Member Marty had to leave the meeting due to a family emergency. E. Resolution 6126 Adopting the Assessment for the Street Repair at 7832 Bona Road MOTION/SECOND: Stigney/Gunn. To Waive the Reading and Approve Resolution 6126, a Resolution Adopting the Assessment for the Street Repair at 7832 Bona Road. Ayes - 4 Nays - 0 Motion carried. F. Second Reading and Adoption of Ordinance 720, an Ordinance Approving a Comprehensive Rezoning of Parcels Zoned PF (Public Facilities) MOTION/SECOND: Quick/Stigney. To Waive the Reading, Approve the Second Reading, and Adopt Ordinance 720, an Ordinance Approving a Comprehensive Rezoning of Parcels Zoned PF (Public Facilities). ROLL CALL: Linke/Quick/Stigney/Gunn Ayes - 4 Nays - 0 Motion carried. Mounds View City Council October 13, 2003 Regular Meeting Page 14 1 2 3 G. Second Reading and Adoption of Ordinance 721, an Ordinance Amending 4 Chapter 1116 of the Mounds View Zoning Code Relating to Permitted Uses 5 in the I-1 Zone. 6 7 MOTION/SECOND: Gumi/Stigney. To Waive the Reading, Approve the Second Reading and 8 Adopt Ordinance 721, an Ordinance Amending Chapter 1116 of the Mounds View Zoning Code 9 Relating to Permitted Uses in the I-1 Zone. 10 11 ROLL CALL: Linke/Quick/Stigney/Gunn. 12 13 Ayes - 4 Nays - 0 Motion carried. 14 15 H. Consideration of Resolution 6095, a Resolution Authorizing the Hire of 16 Kristin Prososki to the Position of Planning Associate. 17 18 MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6095, a 19 Resolution Authorizing the Hire of Kristin Prososki to the Position of Planning Associate. 20 21 Council Member Stigney asked that Resolution 6095 be read. 2 23 Community Development Director Ericson read Resolution 6095. 24 25 Richard Sonterre indicated that he would respectfully request that this item and all other items on 26 the agenda be tabled as he would imagine that Council Member Marty has a stake and opinion in 27 all issues and he is offended that Council would single out one single item that is more important 28 than any other. 29 30 Mr. Sonterre indicated that he would like every remaining item on the agenda tabled. 31 32 Ayes - 4 Nays - 0 Motion carried. 33 34 I. Consider Policy Allowing Paid Advertising in Community Newsletter 35 36 City Administrator Ulrich indicated there was a policy in 1997 but it has been inactive for some 37 time and this would be a reconsideration of and a modernization of the policy. 38 39 Council asked that this be added to the work session for discussion. 40 41 J. Consideration of Resolution 6106, a Resolution Approving a Minor 42 Subdivision of 8409 and 8419 Groveland Road. 3 4 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6106, a 45 Resolution Approving a Minor Subdivision of 8409 and 8419 Groveland Road. Mounds View City Council October 13, 2003 Regular Meeting Page 15 •. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 ~1 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ~3 4 Ayes - 4 Nays - 0 Motion carried. K. Consideration of Resolution 6105, a Resolution Approving a Minor Subdivision of 7886 Sunnyside Road. MOTION/SECOND: Stigney/Gunn. To Waive the Reading and Approve Resolution 6105, a Resolution Approving a Minor Subdivision of 7886 Sunnyside Road. Ayes - 4 Nays - 0 Motion carried. L. Second Reading and Adoption of Ordinance 722, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations Within the City of Mounds View for the Year 2004. City Administrator Ulrich indicated that at a previous meeting Council had requested that Staff get an opinion from the City Attorney on damage to people's property and how to handle that if it is done by the franchise holders and how that could be bonded as part of the franchise agreement. City Attorney Riggs indicated that it is his opinion that there is already a mechanism under Chapter 910 of the City's Code to require a performance bond outside of the franchise and the franchise does not appear to conflict with the Ordinance. City Attorney Riggs indicated that Council could, in a motion form, direct Staff to pursue that option. MOTION/SECOND: Quick/Gunn. To Direct Staff to Pursue the Recommendation of the City Attorney with Regard to the Bonding for Franchise Holders. Ayes- 5 Nays - 0 Motion carried. Council Member Marty was present for this vote as this occurred at the start of Council Business. MOTION/SECOND: Quick/Stigney. To Waive the Reading, Approve the Second Reading, and Adopt Ordinance 722, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2004. Council Member Stigney indicated that this is a continuation of the 4% franchise tax on Excel electric and natural gas for the year 2004. ROLL CALL: Linke/Quick/Stigney/Gunn. Ayes - 4 Nays - 0 Motion carried. Mounds View City Council October 13, 2003 Regular Meeting Page 16 .1 M. Second Reading and Adoption of Ordinance 719, an Ordinance 2 Implementing a Franchise Fee on Center Point Energy Electric and Natural 3 Gas Operations Within the City of Mounds View for the Year 2004. 4 5 MOTION/SECOND: Gunn/Stigney. To Waive the Reading, Approve the Second Reading, and 6 Adopt Ordinance 719, an Ordinance Implementing a Franchise Fee on Center Point Energy 7 Electric and Natural Gas Operations within the City of Mounds View for the Year 2004. 8 9 Mayor Linke indicated that this would continue the 4% franchise fee on Center Point Energy l0 electric and natural gas for the year 2004. 11 12 ROLL CALL: Linke/Quick/Stigney/Gunn. 13 14 Ayes - 4 Nays - 0 Motion carried. 15 16 N. Consider Options for a Community Survey 17 18 Mayor Linke suggested moving this item to the work session. 19 20 MOTION/SECOND: Gunn/Stigney. To Postpone this Item to the Work Session. 21 ~2 Ayes - 4 Nays - 0 Motion carried. 23 24 25 O. Consideration of Resolution 6118, a Resolution Authorizing the RE-bidding 26 of the County Road H Sidewalk Project 27 28 Public Works Director Lee indicated that on September 22, 2003 Council voted not to award the 29 contract but did indicate a willingness to do the project in the spring. He then indicated that the 30 City would need to officially reject the bids and authorize Staff to bid the project for next spring. 31 He also asked for direction on how to structure the bids and to set the bid date. He further 32 indicated that Staff would recommend a bid date of January 8, 2004 for this project. 33 34 Council Member Stigney indicated he would like to postpone this to the next Council meeting 35 because Council Member Marty should be a part of the discussion and he had to leave 36 unexpectedly. 37 38 MOTION/SECOND: Stigney/Gunn. To Postpone Resolution 6118 to the Next Meeting. 39 40 Ayes - 4 Nays - 0 Motion carried. 41 42 Mayor Linke apologized to those residents that were at the meeting to discuss this item but .3 indicated that Council Member Marty should be part of the discussion. 4 Mounds View City Council October 13, 2003 Regular Meeting Page 17 1 P. Consideration of Resolution 6111, a Resolution Approving Change Order 2 Number 3 for the County Road H2 Street Improvement Project -Installation 3 of Infiltration Systems and Pathway Segments along County Highway 10. 4 5 Mayor Linke asked if it was possible to bill Rice Creek Watershed for this experimental process 6 they required. 7 8 Public Works Director Lee indicated that the City does have a grant application into the 9 Watershed District for $40,000 for a partial reimbursement of the costs but the matter has been to tabled until the project is 100% completed. 11 12 Mayor Linke indicated he did not approve of the way Rice Creek Watershed District is using the 13 City as a guinea pig and charging for the experiment. 14 15 Public Works Director Lee indicated the City had the option to prevent any observations on these 16 devices and not allow access to them and then they would be of no value to the watershed 17 district. 18 19 Council Member Stigney questioned whether there is some way that Rice Creek and the City 20 could work out a better agreement or if it would be a waste of time. 21 ~2 Public Works Director Lee indicated that Staff had tried once and it did not work. He then 23 explained that the original cost participation was 75% but that was denied and the amount was 24 reduced. 25 26 Mayor Linke asked what the basis for this experimental retention area was. 27 28 Public Works Director Lee indicated it is a combination of wanting to see what happens and a 29 need in the area. He then said they looked at where it was possible to do infiltration basins to 30 look at treating as much water on H2 as possible. There was no room on the north side because 31 of the pathway and one way was to do infiltration devices under the pathway. He further 32 commented that these are treating 0.59 acres of water at a cost of close to $100,000 so there is a 33 question of cost benefit and it is an experimental device. 34 35 Mayor Linke commented that the City has to spend $60,000 because they said so. 36 37 Public Works Director Lee indicated the City may also incur additional risk and costs should the 38 devices fail. 39 4o Council Member Quick asked where the devices would be buried. 41 42 Public Works Director Lee indicated that both are installed and here is one located to the east of 43 Scotland Green Court and the second is east of Silver Lake Road between Silver Lake Road and !4 Park View Drive. 45 Mounds View City Council October 13, 2003 Regular Meeting Page 18 . 1 Council Member Quick commented that these devices look similar to what was discussed for 2 Spring Lake Road a few years ago. He then said that there was a resident at the time claiming 3 that they were very bad. He further commented that this seems to be unfair to force the City to 4 pay for a costly experiment. 5 6 Council Member Gunn asked what happens if this experiment fails and who has to fix the 7 damage and remove them. 8 9 Public Works Director Lee indicated the City takes on the risk for installing it and there is no to recourse to the watershed district. 11 12 Mayor Linke suggested a motion to notify Rice Creek Watershed District that the City deems this 13 to be experimental and that, if their experiment fails and causes the City of Mounds View to 14 expend dollars to repair this, the City expects them to pay for the bill. 15 16 Community Development Director Ericson indicated he had attended a meeting with Steve 17 Hobbs and Mr. Hobbs had expressed a willingness to come to a Council meeting. He then said it 18 may be a good idea to invite him to discuss the concerns the City has. 19 20 Mike Maroni of 5045 Brighton Lane asked if this is the same Watershed District that put a pond 21 right next to the parking lot at an elementary school so the kids could walk through it and •22 potentially fall through the ice in winter. He then said it boggles his mind that these people can 23 dictate how the City spends its money. 24 25 Council Member Stigney indicated that by approving this resolution the City is saying it will pay 26 for this project using City MSA funds. He then asked if it would make more sense to wait until 27 after the City discusses the matter with the Watershed representative. 28 29 Mayor Linke indicated the contractor has already done the work and he is asking to get paid for it 3o so he does not feel it would be right to withhold payment to him for work done and authorized by 31 the City. 32 33 Council Member Quick indicated he would rather postpone payment so that the City's options 34 are not limited. 35 36 Mayor Linke commented that this should have been done first but the City already authorized the 37 work. 38 39 Council Member Quick commented that the City did not know Rice Creek was going to pull the 40 funding. 41 42 Public Works Director Lee recommended that the Council go ahead with the rest of the items so ~„~43 as not to delay the project any farther. 4 Mounds View City Council October 13, 2003 Regular Meeting Page 19 r~ 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 •22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 ~3 45 Mr. Maroni indicated that he agreed with Mayor Linke that the City should send them a bill for $100,000 immediately and ask for payment and put an acknowledgement in there that if this experimental system fails they have to cover the costs. Mayor Linke indicated he would recommend paying it because the City authorized the work. MOTION/SECOND: Stigney/Gunn. To Waive the Reading and Approve Resolution 6111, a Resolution Approving Change Order Number 3 for the County Road H2 Street Improvement Project -Installation of Infiltration Systems and Pathway Segments. Ayes - 4 Nays - 0 Motion carried. Q. Introduction and First Reading of Ordinance No. 723, an Ordinance Amending Chapter 202 of the Mounds View City Code Pertaining to Apportionment of Cost Associated with Roadway Major Maintenance Projects. MOTION/SECOND: Gunn/Quick To Waive the Reading, Introduce the First Reading and Approve Ordinance No. 723, an Ordinance Amending Chapter 202 of the Mounds View City Code Pertaining to Apportionment of Cost Associated with Roadway Major Maintenance Projects. Council Member Stigney indicated that he opposes this method of assessment as he thinks it penalizes those with small lots to offset the costs for those with larger lots. Ayes - 3 Nays - 1(Stigney) Motion carried. R. Consideration of Resolution No. 6114, a Resolution Approving a Step Increase for Pete Szurek of the Parks Division of the Public Works Department. MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6114, a Resolution Approving a Step Increase for Pete Szurek of the Parks Division of the Public Works Department. Council Member Stigney requested that Resolution 6114 be read. Public Works Director Lee read Resolution 6114. Ayes - 4 Nays - 0 Motion carried. S. Consideration of Resolution 6108, a Resolution Authorizing Severance Payment for Gary Kardell Mayor Linke read Resolution 6108. Mounds View City Council October 13, 2003 Regular Meeting Page 20 • 1 2 MOTION/SECOND: Quick/Stigney. To Approve Resolution 6108, a Resolution Authorizing 3 Severance Payment for Gary Kardell. 4 5 Ayes - 4 Nays - 0 Motion carried. 6 7 T. Consideration of Special Council Meeting Dates 8 9 City Administrator Ulrich indicated that the Council needed to set special Council meeting dates. 1o He then recommended setting either Monday, October 27, 2003 for anon-general fund account 11 discussion or Monday, October 20, 2003. 12 13 Consent to set October 20, 2003 .unless Council Member Marty had a scheduling issue. 14 15 MOTION/SECOND: Gunn/Stigney. To Set Monday, October 20, 2003, and November 17, 16 2003 as Special Council Meeting Dates. 17 18 Ayes - 4 Nays - 0 Motion carried. 19 20 U. Consideration of Resolution No. 6127, a Resolution Establishing a Policy for 21 Deferral of Special Assessments by Senior Citizens or Disabled Persons. 2 3 This item was discussed earlier in the meeting. 24 25 V. Community Center Contract Compliance Update 26 27 City Administrator Ulrich indicated the 30-day period to comply with the provisions of the 2s contract had expired but the City has been negotiating with the contractor and does not 29 recommend any action at this time. He further explained that there are some issues that need to 3o be resolved but Staff has been working with the contractor and the City Attorney and there is a 31 draft form of a settlement agreement and Staff would like a bit more time to finish negotiations. 32 33 City Administrator Ulrich indicated that the proper insurance information has been received and 34 the City received today a letter from the contractor's attorney indicating they do not feel the 35 bonding provision is required by the contract. 36 37 City Attorney Riggs agreed with the comments of the City Administrator and said it would be 38 best to meet with the contractor and their attorney to discuss whether settlement is a viable 39 option. If not, Staff will be before Council with a recommendation as to how to proceed. 40 41 Mayor Linke indicated the City should look at the contract with Roberts to see how that ties in 42 and how it works. ~3 Mounds View City Council October 13, 2003 Regular Meeting Page 21 • 1 Council Member Marty indicated that Staffing Plus sets up and breaks down after the events so 2 they should be notified as well. He then commented that he feels this letter from the attorney on 3 the bonding is just a way to buy more time. 4 5 City Attorney Riggs indicated that he feels it would be best to discuss the matter with them. He 6 then said that he does not agree with the interpretation brought up in that letter but would like to 7 pursue negotiations to see if the settlement is a viable option rather than terminating the contract 8 or litigation. 9 1o Council Member Stigney indicated the settlement agreement lists and effective date of January 1, 11 2004 and he would be concerned with leaving this contractor in place at the Community Center 12 un-bonded until that time. 13 14 City Attorney Riggs indicated that Page 2, number 6 requires that the performance bond be paid 15 and posted. He then said that this is just a draft agreement for discussion purposes. 16 17 Council Member Stigney indicated he would want the bond posted immediately. 18 19 Council Member Marty agreed. 20 21 Council Member Marty asked whether there would be time for requests for proposals if the City •22 terminates the contract in order to have someone new over there the first of the year. 23 24 City Administrator Ulrich asked the City Attorney to comment on whether it is wise to do both 25 things concurrently. 26 27 City Attorney Riggs indicated that the direction they are seeking at this time is to sit down and 28 discuss this with the vendor and their attorney to determine whether this is a viable option. 29 3o MOTION/SECOND: Many/Quick. To Direct the City Attorney to Meet with the Contractor to 31 Discuss this Matter. 32 33 Council Member Stigney indicated he would like to set some timeframe on this because it could 34 go on forever and they have no bond. 35 36 City Attorney Riggs indicated that this meeting should happen immediately as soon as it can be 37 scheduled. He then said he just learned of the letter from the vendor's attorney today and it 38 would be appropriate to respond immediately. 39 40 41 42 4 ~3 45 Council Member Marty suggested within the next week and a half. Ayes - 5 Nays - 0 Motion carried. The City Attorney left at 7:22 p.m. Mounds View City Council October 13, 2003 Regular Meeting Page 22 :a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 4 ~3 45 10. APPROVAL OF MINUTES A. City Council Minutes October 13, 2003 Council Member Stigney indicated that Council Member Marty would like to have a future discussion on the comment on Page 4, Line 4 at a work session. Council Member Many submitted the following changes in writing prior to leaving the meeting: Page 5, Line 40 after that insert "he had brought up the community survey for a number of years and". On Page 9, Line 39 after thinks insert Council, after that insert and. On Page 14, Line 34 after the insert City's. On Page 16, Line 20 after comply add a comma. MOTION/SECOND: Stigney/Gunn. To Approve the City Council Minutes for September 22, 2003 as Presented. Ayes - 4 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council None. B. Reports of Staff City Administrator Ulrich indicated that the appreciation dinner for Boards and Commissions would be cancelled due to lack of turn out. C. Reports of City Attorney None. 12. Next Council Work Session: Next Council Meeting: 13. ADJOURNMENT Monday, November 3, 2003 Monday, October 27, 2003 Mayor Linke adjourned the meeting at 9:55 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc.