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HomeMy WebLinkAboutMinutes - 2004/07/12i ~~, :~~~ ~~ /; PROCEEDINGS OF THE MOUNDS VIEW CITY CO CIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 12, 2004 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: Linke, Marty, Stigney, and Gunn NOT PRESENT: Quick. 4. APPROVAL OF AGENDA Monday, July 12, 2004 City Council Agenda. MOTION/SECOND: Marty/Stigney. To Approve the Monday, July 12, 2004 Agenda as presented. Ayes - 4 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. CITY BUDGET QUESTIONS AND COMMENTS None. 7. SPECIAL ORDER OF BUSINESS None. 8. JUST AND CORRECT CLAIMS. Council Member Marty inquired on page 7, Item 113813, what the bottled water cooler and • dehumidifier were for. Mounds View City Council July 12, 2004 Regular Meeting Page 2 Public Works Director Lee stated the water cooler at Public Works no longer functioned and had to be replaced. He stated the humidity at the Sanitary Sewer Lift Station was causing the control panels to fail, so the humidifier had been replaced. Council Member Many asked whether that was a heavy duty humidifier, and Public Works Director Lee stated that it was. Council Member Stigney asked why city water couldn't be used in the water coolers rather than purchased water. Public Works Director Lee stated that they felt it was cheaper to purchase water for the water cooler than to have to provide a refrigerator in which to place bottled water. Council Member Stigney stated he objected to purchasing water for the water cooler, and Public Works Director Lee stated he actually didn't know whether they were purchasing it or refilling the bottles, but he would check into it. Council Member Marry asked what the third item on page 10 was, and Charlie Hansen stated it was probably a herbicide for the golf course. Council Member Marty questioned what the fence was for at the Mounds View Manufactured Homes on page 12, Item 113846, and Public Works Director Lee stated it was for repair of a fence that was damaged by a snowplow. Council Member Marty questioned the expenditure at page 14, Item 113865, Stockyard Days, Hole Sponsorship, for $100. Charlie Hansen stated that it was a reciprocal hole sponsorship, and it basically evened out. Councilmember Marty stated he was aware that they had in the past, but that nothing had been received from them yet this year. Council Member Marty noted that the total Kennedy & Graven expense was $9,854, and he asked why only $4,900 had been invoiced to Pro Craft Homes. Mayor Linke stated that this had been covered before, and it was because the City covers half and Pro Craft Homes covers half. Council Member Stigney asked on page 12, YMCA, what the difference was between contractual recreation and other professional services. He asked if it were four quarters of that. Charlie Hansen stated it is a quarterly amount, so it would be four times that amount. He stated it was simply carried forward from past budgets. Mayor Linke asked staff to check on the item at page 9, under Kennedy & Graven, Charter Commission, for $1,415. He felt the Charter Commission has a set amount they can spend until they have to come in for some kind of approval. Council Member Marty stated he thought it was $1,200. Mounds View City Council July 12, 2004 Regular Meeting Page 3 • • • Mayor Linke stated this was the fourth time he had seen Charter Commission on their billings this year, and he wants staff to double check on that. Council Member Stigney stated he didn't believe this was an expenditure made by the Charter Commission. He stated it was an expenditure being charged to them by Kennedy & Graven for reviewing the Charter Amendments. Mayor Linke asked why the printing cost of $3,100 on page 13 was so high. Public Works Director Lee stated that it was the Annual Consumer Competence Report. MOTION/SECOND: Marty/Gunn. To approve Just and Correct Claims as presented. Ayes-4 Nays-0 Motion carried 9. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, July 26, 2004 at 7:05 PM to Consider a Conditional Use Permit Request for an Oversized Garage at 7806 Gloria Circle. C. Resolution 6300 Rescinding Resolution No. 6203 and Authorizing the Preparation of a Request For Proposal (RFP) for Work Associated with Preparing a Site Plan, Construction Plans, and Specifications for the Groveland Park Building Replacement Project. D. Resolution 6303 Approving 2004-2005 Labor Agreement with AFSCME. E. Set a Public Hearing for Monday, July 26, 2004 at 7:10 PM to Consider the Second Reading and Adoption of an Ordinance to Vacate Easements Associated with the CVS Development at 2800 County Road 10. F. Set a Public Hearing for Monday, August 9, 2004 at 7:05 PM to Consider the First Reading and Introduction of an Ordinance to Adopt the Long Range Financial Plan for 2004. Council Member Marty requested to have Item C removed. Mayor Linke requested to have Item E removed. MOTION/SECOND: Marty/Gunn. To Approve Consent Agenda Items A, B, D, and F and waive the reading. Ayes ~ Nays - 0 Motion carried. C. Resolution 6300 Rescinding Resolution No. 6203 and Authorizing the Preparation of a Request For Proposal (RFP) for Work Associated with Preparing a Site Plan, Construction Plans, and Specifications for the Groveland Park Building Replacement Project. Mounds View City Council July 12, 2004 Regular Meeting Page 4 • Council Member Marty said he wanted to publicly state that he is not in approval of spending this money on a cinderblock building. He stated that in reviewing the minutes from the last meeting, there were a number of issues raised, and none of these issues had been answered in the report. Public Works Director Lee stated the issues were not addressed because the contract was rejected, and this was a request to get proposals from other engineering and architectural firms. MOTION/SECOND: Marty/Stigney. To waive the reading and approve Resolution 6300 Rescinding Resolution No. 6203, and Authorizing the Preparation of a Request for Proposal (RFP) for Work Associated with Preparing a Site Plan, Construction Plans, and Specifications for the Groveland Park Building Replacement Project. Ayes-4 Nays-0 Motion carried. E. Set a Public Hearing for Monday, July 26, 2004 at 7:10 PM to Consider the Second Reading and Adoption of an Ordinance to Vacate Easements Associated with the CVS Development at 2800 County Road 10. Council Member Stigney stated he had pulled this item to note that the revised ordinance vacating the easements was on the Council members desks. MOTION/SECOND. Stigney/Marty. To set a Public Hearing for Monday, July 26, 2004 at 7:10 PM to Consider the Second Reading and Adoption of an Ordinance to Vacate Easements Associated with the CVS Development at 2800 County Road 10. Ayes-4 Nays-0 Motion carried. 10. COUNCIL BUSINESS A. Presentation by MMKR of the 2003 Annual Financial Report and Resolution 6305 Accepting the Annual Financial Report for the Year Ending December 31, 2003. Finance Director Hansen noted some changes that had been made from prior years in the Audit. Aaron Neilson, Audit Manager of MMKR, went through the audit with the Council. Mayor Linke quoted from the audit as follows: "In 1997 residential homesteads made up 67 percent of the total market value and accounted for 41 percent of the tax capacity. For 2003, residential homesteads still represent 67 percent of the market values, but are responsible for 55 percent of the tax capacity." He stated that those were changes that were made at the Capitol, and that is the reason for the taxes going up, and not because of anything the City Council has done. • • Mounds View City Council July 12, 2004 Regular Meeting Page 5 Council Member Marty asked if the reduction in class rates for apartments and similar properties that was approved in the 2001 tax bill included condos and townhomes. Mr. Neilson stated he would have to follow up on that as he wasn't sure what they were including. Council Member Marty stated Scotland Green is one of the largest apartment buildings, but they have condominium or townhome association classification, and he was wondering how this impacts along with the reduction in apartment taxes. Mr. Neilson stated he would have to check into that, and he would pass that information along to Finance Director Hansen. Council Member Stigney had a question on the table on page 4, where it says, "Property tax, City of Mounds View, $208," whether that reflected all of those that live in TIF Districts. Mr. Neilson stated it doesn't separate by location of where an individual lives; it's simply by revenues generated in total. Council Member Marty stated the money from residents in TIF Districts is still coming back to the City, but there are limitations as to where it can be spent, and it is not put into the General Fund. City Clerk/Administrator Ulrich stated properties in TIF Districts continue to pay taxes the same as any other household does. Council Member Stigney said they could discuss the issue at their next work session. Mayor Linke wanted to bring the following quote to the public's attention: "The amount of required equity increases as the size of the operation increases. Increase in the size of the operation is natural, caused by such things as inflation, population growth, desired increases in services, and mandated increases in services and administrative requirements by the state of Minnesota or by the federal government." He stated they are mandating things for them to do without giving the City funds with which to do it. Council Member Marty asked whether all deposits by the City were now being insured, and Finance Director Hansen replied that they were. MOTION/SECOND. Marty/Stigney. To waive the reading and approve Resolution 6305, Accepting the Annual Financial Report for the Year Ending December 31, 2003. Ayes-4 Nays-0 Motion carried. Mounds View City Council July 12, 2004 Regular Meeting Page 6 B. Resolution 6301 Holding a Public Improvement Hearing, Ordering the Project, Approving Plans and Specifications, and Setting a Bid Date for the Mounds View Manufactured Home Community Second Access Project. Mayor Linke opened the public hearing at 7:50 p.m. Public Works Director Lee stated that on May 4, 2004 the City secured a CDBG Grant for the purpose of installing a second access at the Mounds View Manufactured Home Community in the amount of $30,000. He stated on June 14th the City Council had authorized the plans and specifications for this project, as well as setting tonight's public hearing. He stated the plans and specifications have been completed. Public Works Director Lee stated that based on those plans and specifications, the estimated construction cost is about $4,6001ess than what had been estimated at the time that the feasibility report had been put together. Public Works Director Lee stated that the Council could either table the matter, terminate it, or approve the Resolution. He stated that should the Council choose to proceed with the project, staff recommends adopting Resolution 6301, which would order the project, etc. • Tom Thomalla, 2127 Bronson Drive, asked the Council whether there would be a street light at that intersection and a no parking sign posted along the curb on Raymond Avenue and Belle Lane. Mayor Linke stated there was not a street light scheduled as of this time. Public Works Director Lee stated neither were in the plans at this time, but that could be changed based on the Council's direction. Mr. Thomalla requested the Council approve a street light and no parking signs in the aforementioned locations. Mayor Linke stated Mr. Thomalla could get a petition from the Public Works Director for the installation of a street light and proceed with getting signatures. Mr. Thomalla asked if other options had been explored, and Mayor Linke addressed a few options that had been considered. Mr. Thomalla asked the Council if the City would pay for the cost of a variance and permit for him to build a privacy fence if this project would go forward. Mayor Linke stated that he would vote against that. Council Member Many stated the matter could be brought before the Planning Commission to determine if there was a hardship, and if the Planning Commission did not find a hardship, it could be appealed to the City Council. Mounds View City Council July 12, 2004 Regular Meeting Page 7 There was a discussion regarding the storm water sewer line, and Public Works Director Lee stated that it would be corrected later this fall under a separate storm sewer project. Mayor Linke closed the public hearing. MOTION/SECOND. Many/Stigney. To waive the reading and approve Resolution No. 6301, Hold a Public Improvement Hearing, Ordering the Project, Approving Plans and Specifications and Setting a Bid Date for the Mounds View Manufactured Home Community Second Access Project. Council Member Gunn stated she would like the issues of the street light and the no parking signs to go along with this project. Mayor Linke stated the petition process would need to be gone through regarding the street light, but that it would be a good idea to look at the no parking sign issue. Ayes-4 Nays-0 Motion carried. C. Consider a Request from 2300 Laport Drive Regarding Use of City Property. • Planning Associate Prososki stated that the property owner of 2300 Laport planted a garden in the City right-of--way across from his home and has requested the City approve his use of the land. Council Member Gunn stated she was in favor of allowing the request because it was more aesthetically pleasing. Mayor Linke asked how the garden had come to the City's attention, and Director Ericson stated another resident had reported it to the City. Director Ericson also stated there would be the risk of ruining someone's garden during mowing. Council Member Marty stated his concern over setting a precedent in this regard. Council Member Stigney stated he didn't have any objection to the garden remaining for the rest of this summer, but didn't feel it should be there in the long term. Mayor Linke stated he agreed with Council Member Stigney. Council Member Gunn stated she was in agreement with Council Member Stigney's suggestion. Director Ericson asked if the Council wanted the fees associated with drafting this limited use . agreement to be passed onto the applicant. Mounds View City Council July 12, 2004 Regular Meeting Page 8 • Mayor Linke stated that he did want the fees to be passed onto them, and the applicant could decide whether they wanted to pay for it or not. If they didn't, then they would need to plow the garden under. MOTION/SECOND. Marty/Stigney. To approve a request from 2300 Laport Drive regarding the use of city property for this year only and to pay the associated staff and attorney fees for drafting the limited use agreement. Ayes-4 Council Members Marty and Gunn volunteered to be on the Task Force. Nays-0 D Appoint Council Representatives to I-35W Visioning Task Force. MOTION/SECOND: Linke/Stigney. To appointment Council Members Marty and Gunn as Council Representatives to the I-35W Visioning Task Force. Motion carried. Ayes ~ Nays - 0 ~J Motion carried E. Introduction and First Reading of Ordinance 744, an Ordinance Vacating Easements Associated with the CVS Development at 2800 County Road 10. Director Ericson stated this is a request generated from the CVS platting and redevelopment at the corner of Silver Lake Road and County Road 10. He stated that there was an easement that would run through the building as currently proposed that needs to be vacated along with a couple of other easements. He stated there was a roadway easement dedicated back in 1965, and the City has no intention of putting a street in this area. \MOTION/SECOND. Marty/Gunn. To waive the reading and approve the First Reading of Ordinance 744, an Ordinance Vacating Easements Associated with the CVS Development at 2800 County Road 10. Ayes-4 Nays-0 Motion carried. F. Consider Revised Lease Agreement for the Twin Cities North Chamber of Commerce and the Mermaid Entertainment and Event Center. Council Member Marty stated he saw no reason to change the lease at the present time. Mayor Linke stated basically the only reason they were doing this was to placate Ramsey County with the taxes. • City Clerk/Administrator Ulrich stated the tax liability for the Chamber space would be $1,089 for the full year. He stated that the County had indicated that based on the fact that they planned Mounds View City Council July 12, 2004 Regular Meeting Page 9 • on entering into a new contract with a new lease as of January 1, 2005, the tax exempt status would likely hold for 2005. City Clerk/Administrator Ulrich stated he had attached a letter from the Mermaid indicating their need to be compensated for leasehold improvements to the Chamber's space in the amount of $10,260. He stated that Staff is recommending to take no action at this point because it did not appear that they needed to negotiate with the Mermaid at this time for those leasehold improvements in order to get the tax exemption. Mayor Linke stated the Mermaid did do some leasehold improvements, and they should be reimbursed for that, but they should table the issue until they figured out exactly what was going on there. He asked if a motion was needed to table. Council Member Marty stated there was no need for a motion. G. Trunk Highway 10 Noise Wa1lBerm Project: Resolution 6302 Authorizing the Preparation of Final Plans and Specifications, and Submittal of a Letter to Mn/DOT Requesting the Installation of a Noise Abatement Wall in the Arden Park Area. • MOTION/SECOND. Gunn/Marty. To waive the reading and approve Resolution 6302 as presented. Ayes-4 Nays-0 Motion carried. H. First Reading and Introduction of Ordinance 745, an Ordinance Amending Chapter 1204 Relating to Park Dedications. Director Ericson stated the Ordinance represented the same language that was originally presented to the Council. He stated there was some confusing language on the second page, but it would be later clarified. Council Member Marty suggested they postpone the matter until the language had been clarified. Mayor Linke stated it could be done by the Second Reading. MOTION/SECOND. Marty/Stigney. To waive the reading and approve the Introduction of Ordinance 745, an Ordinance Amending Chapter 1204 Relating to Park Dedications. Ayes-4 Nays-0 Motion carried. I. County Road H Sidewalk Project, Change Order No. l -Resolution No. 6304 Authorizing the Installation of Concrete Curb along the North Side of County Road H. Mounds View City Council July 12, 2004 Regular Meeting Page 10 • • Mayor Linke stated the asphalt is basically falling apart. Council Member Marty commented that the staff report was very well written. MOTION/SECOND. Marty/Gunn. To waive the reading and approve Resolution No. 6304, Authorizing the Installation of Concrete Curb along the North Side of County Road H. Ayes-4 Nays -0 Motion carried. Dan Hall, owner of the Mermaid, asked if he could address the Council. He stated he wished to receive a letter from City Clerk/Administrator Ulrich explaining to him the situation of putting off the re-writing of the contract, which was requested by the City of Mounds View, not by him. He stated he knows the City Council does not want the Mermaid there, and that the handwriting is on the wall. Mr. Hall expressed his strong dissatisfaction with his dealings with the City of Mounds View, and he wants his money back. He stated his dissatisfaction with having a business located in Mounds View. Mr. Hall began to shout, and Mayor Linke asked him to leave. Mayor Linke asked City Clerk/Administrator Ulrich to pull up the contract and go to the part where it says the City has the right to RFP if they choose. 11. APPROVAL OF MINUTES A. City Council Minutes June 28, 2004. Council Member Marty made a correction to page 5, line 30, to add the words "more than" before $23,000 to $24,000. MOTION/SECOND. Marty/Stigney. To approve the June 28, 2004 City Council Minutes as amended. Ayes-4 Nays-0 Motion carried. 12. REPORTS A. Reports of Mayor and Council. Council Member Gunn stated they were looking for participants to run in the Fun Run during the Festival in the Park on August 22"d • Council Member Marty stated the Festival in the Park Golf Tournament is being held on August 14th, and that registrations are available at the Bridges Golf Course. Mounds View City Council July 12, 2004 Regular Meeting Page 11 • Council Member Marty stated that expenses and revenues were covered at the YMCA Executive Meeting today. He stated the quality of the report was very good. He stated he would like to share this with the Council in the near future when the agenda was not too heavy. He stated an issue had been raised regarding water leakage from the drinking fountain in the gym area because someone had ripped it out of the wall. He stated the redoing of the floor was going to finished this week, and he wanted to eliminate the drinking fountain so that there wouldn't be any damage to the floor in the future. Council Member Gunn stated it was an asset to keep the drinking fountain because you can't leave the game during tournaments in there. Council Member Marty asked if staff could be directed to look into the situation. Mayor Linke stated one of the things that needed to be looked at is the public code requirement for drinking fountains. Council Member Marty stated they had not yet received the corrected Minutes from June 14~' City Council meeting. The Minutes Secretary stated she had sent them in, and Council Member Many directed City Clerk/Administrator Ulrich to check into it. • Mayor Linke stated that the contract with Elegant Times was an interim contract, and if anyone has an argument with it, they can go re-read the Minutes of the City Council meetings regarding the issue. He stated that he had heard from several sources that the Mermaid is not taking reservations for next year, and he would like to direct staff to review the contract that they have with them, and if necessary, have the attorney review it, to check to see if they are in breach of that contract. City Clerk/Administrator Ulrich stated the information they had was that somebody wanted to book for 2005, and the interim contract ends in 2004, so the question is whether their responsibility is to continue booking it. B. Staff Director Ericson stated in February the Council authorized the distribution of an RFP to do a hydrology and land delineation in the Spring Creek area. This was completed and sent out to area consultants, and they have received five responses back, and it will be on the next City Council agenda. C. City Attorney None. Mounds View City Council July 12, 2004 Regular Meeting Page 12 Mayor Linke left the Council meeting. Mayor Linke excused himself due to the conflict of interest he had with Innovative Images. 1. Report on Innovative Images Contact Issue. City Clerk/Administrator/Administrator Ulrich stated the City Attorney had had a family emergency so he couldn't be available to present this issue. He stated Mr. Linke is acting as a vice president of the corporation, and he is making a request to have some compensation for a contract that Innovative Images previously had with the City of Mounds View. City Clerk/Administrator Ulrich stated on April 12t" the City Council had referred the matter, based on the City Attorney's advice, to the Minnesota Attorney General, to answer the question of whether a mayor could bring such an action. On June 23rd the City received a response from the Attorney General stating that the mayor could bring such an action because the original contract was signed prior to Mr. Linke taking office and the City can work within the old agreement to settle this difference. City Clerk/Administrator Ulrich stated Mr. Linke is seeking compensation for two issues. He stated it would take a significant amount of time to litigate. He stated litigation costs could easily exceed what the claimant would accept as a settlement, but that he did not know what that • amount was at this point. He stated the City's insurance generally does not cover contract claims. He stated an alternative could be binding or nonbinding arbitration to settle the matter. Council Member Stigney stated he felt they shouldn't do anything at this point because the City had made an offer in settlement of the contract, and he didn't know whether that had been rejected by the Linkes or not. City Clerk/Administrator Ulrich stated there was an offer pending on the table. Council Member Gunn asked what they were asking for. Council Member Marty stated they wanted to be paid a percentage of their future bookings. There was a discussion over the settlement with Elegant Times. Council Member Marty discussed his concern over the large legal fees they had incurred with Kennedy & Graven for legal contracts. He stated he would like to see this matter go to arbitration. City Clerk/Administrator Ulrich stated that people have said that arbitration would be a good way to go in this situation. Council Member Gunn cited that the Minnesota Attorney General had stated that they knew of no principle of law that would summarily strip a person of otherwise legitimate preexisting legal Mounds View City Council July 12, 2004 Regular Meeting Page 13 claims against a city merely because the person subsequently becomes a member of the governing body. Council Member Stigney asked whether they would still require legal representation at an arbitration, and City Clerk/Administrator Ulrich stated that they would. Council Member Stigney stated he felt it would be premature to do anything until the City received a lawsuit from the Linkes. Council Member Marty asked if they could still arbitrate if a lawsuit was received, and City Clerk/Administrator Ulrich stated that they could still agree to arbitrate. Council Member Marty asked if they could continue this issue until the next meeting when the City Attorney could be present. Council Member Stigney felt it would be good if the City Administrator would discuss the matter with the City Attorney. MOTION/SECOND. Marty/Stigney. To continue the matter until the next City Council meeting to get the City Attorney's opinion. • There was a discussion regarding Kennedy & Graven's legal fees. Ayes-3 Nays-0 Motion carried. 13. Nezt Council Work Session: Monday, August 2, 2004 Nezt Council Meeting: Monday, July 26, 2004 Special Joint Council Meeting: Thursday, July 22, 2004 at Blaine City Hall, 6:00 pm. 14. ADJOURNMENT Acting Mayor Marty recessed the meeting at 9:22 p.m. to return to a closed session to discuss labor negotiations. Transcribed and recorded by: Sheree Theobald Timesaver Off Site Secretarial, Inc. •