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HomeMy WebLinkAboutMinutes - 2004/07/26~1~~ ~ G ~k ~` ~~ e ~j PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 26, 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 ABSENT: Quick 4. APPROVAL OF AGENDA Monday, July 26, 2004 City Council Agenda. • Acting City Clerk Sommer requested to add Item 9J, Authorization to Partner with White Bear Lake Police Department in pursuing a grant for Save and Sober Enforcement Funds for 2005 to the Agenda. MOTION/SECOND: Marty/Stigney. To Approve the Monday, July 26, 2004 Agenda as amended. Ayes -4 Nays - 0 Motion carried.. 5. PUBLIC INPUT None. 6. CITY BUDGET QUESTIONS AND COMMENTS None. 7. SPECIAL ORDER OF BUSINESS A. YMCA Quarterly Report Presentation. Pat Riemersma from the YMCA stated that the new programs at the YMCA include • Kindergarten gym time, beginning Spanish, volleyball, and Lacrosse. She stated 85 individuals Mounds View City Council July 26, 2004 Regular Meeting Page 2 • are enrolled in Safety Camp in August. She also stated anyone wishing to participate in the Fun Run in conjunction with the Festival in the Park can sign up at the Community Center. She stated that Teen Night is continuing during the summer on the third Thursday and the last Friday of each month. B. Robert Musil from the Minneapolis Metro North Conventions and Visitors Bureau Robert Musil introduced himself as the new Executive Director for the Minneapolis Metro North Conventions and Visitors Bureau. He stated he would be back in late September to present the annual report and the 2005 budget. He gave a brief overview of the lodging tax and how it is spent. 8. JUST AND CORRECT CLAIMS. Council Member Marty had a question on page 12, Item 113963, regarding the -$110 hunting feature. MOTION/SECOND: Marty/Gunn. To waive the reading and approve the 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 August 23, 2004 at 7:OSpm for a Second Reading of Ordinance 742, Amending Section 2.06 (Mayor's Powers and Duties), Section 4.05 (Vacancy of Municipal Elected Office), and Section 9.01 (Acquisition of Property) of the City Charter. C. Set a Public Hearing for August 23, 2004 at 7:lOpm for the Second Reading of Ordinance 743, Amending Chapter 5 of the City Charter. D. Set a Public Hearing for August 9, 204 at 7:20pm to Consider a Conditional Use Permit Request for Outdoor Storage at 2159 Mustang Drive. E. Set a Public Hearing for August 9, 2004 at 7:25pm to Consider a Variance Request for aThirty-siz Foot Wide Curb Cut at 7090 Silver Lake Road. F. Resolution 6311 Resetting the Bid Date for the Hidden Hollow Street and Utility Installation Project and the Mounds View Manufactured Home Community Second Access Project. G. Resolution 6312 Adjusting the Assessment for the 2003 Street Improvement Project H. Set a Public Hearing for August 23, 2004 at 7:15pm for the Public Hearing, introduction, and First Reading of Ordinance 746, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas . Operations within the City of Mounds View for the Year 2005. Mounds View City Council July 26, 2004 Regular Meeting Page 3 • I. Set a Public Hearing for August 23, 2004 at 7:20pm for the Public Hearing, introduction, and First Reading of Ordinance 747, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View for the Year 2005. J. Authorization to Partner with White Bear Lake Police Department in pursuing a grant for Save and Sober Enforcement Funds for 2005. Council Member Marty requested to have Items G and J removed. MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items A, B, C, D, E, F, H, and I. Ayes - 4 Nays - 0 Motion carried. G. Resolution 6312 Adjusting the Assessment for the 2003 Street Improvement Project ., .~ Council Member Marty stated they had discovered two of the ten properties were garages, and asked if the assessments would increase for the eight remaining properties. Public Works Director Lee stated that the City would end up paying the $846 because it wouldn't be economical to give notice and hold another hearing. MOTION/SECOND: Marty/Stigney. To approve Resolution 6312, Adjusting the Assessment for the 2003 Street Improvement Project. Ayes-4 Nays-0 Motion carried. J. Authorization to Partner with White Bear Lake Police Department in pursuing a grant for Save and Sober Enforcement Funds for 2005. Council Member Marty asked Chief Sommer why they were partnering with White Bear Lake rather than Ramsey County. Police Chief Sommer stated Ramsey County is out of the program next year, and they have to wait a year to reapply. He stated the Department of Public Safety pays officers overtime to do enforcement on DWI, passenger safety, and speeding, and this year they are putting in a grant proposal with White Bear Lake only. He stated Mounds View can be in the program for two more years, and then they will be out of the program for a year. MOTION/SECOND. Marty/Gunn. To authorize partnering with the White Bear Lake Police Department in pursuing a grant for Save and Sober Enforcement Funds for 2005. • Ayes-4 Nays-0 Motion carried. Mounds View City Council July 26, 2004 Regular Meeting Page 4 • 10. COUNCIL BUSINESS A. Rick Winters, the son of Dorothy Winters, would like to speak to Council regarding a reimbursement request for Basement Flood Damage due to a Main Sewer Line Blockage at 7831 Sunnyside Road. Rick Winters, son of property owner, Dorothy Winters, stated on December 27, 2003 his mother's sewer backed up, leaving two inches of sewage in her basement, and the backup occurred due to a blockage in the street. He stated that Service Master worked for three days to clean up the basement, and the cost was $5,000. He stated that the League of Minnesota Cities had denied the claim. Mr. Winters stated Title Source, the business next door, had been having sewer difficulties during this same week, which the City had indicated may have been a factor in the main line problem. He stated he submitted a sworn affidavit to the Council from the manager of Title Source describing the events regarding the sewer problem. He stated that it would be reasonable to expect the Public Works Department to contact Title Source to see if the problem had been resolved so that the main line could be checked, thus preventing the sewer backup into his mother's home. He stated he believes the City of Mounds View has responsibility and liability for this issue. Council Member Stigney asked why the insurance company rejected the claim, and Mr. Winters • stated that they had said they felt there wasn't liability on the City's part because there was no negligence on the City's part because they had cleaned the line twice in the last couple of years. Tim Pittman, Public Works Supervisor, stated that Title Source had been having problems with their sewer line, which Roto-Rooter had been working on, and he had gone and checked the two manholes upstream and downstream, and they were having good flow at the time. He stated that probably something finally broke loose later and plugged the main. Council Member Marty stated he would concur with Staff's recommendation that the City assist the Winters should they decide to file a case against Roto Rooter. Mr. Winters stated he didn't feel it was his mother's job to sort out the facts or to go after Roto- Rooter or Title Source. He felt that was between the City of Mounds View and Roto-Rooter or Title Source. Mayor Linke stated that what happens inside of that service connection is out of the City's control. He stated that they wouldn't want to set a precedent for the City by paying this $5,000 claim. Mr. Winters stated that the City hadn't had a blockage for ten years, so it wasn't an event that happened very often. • Mounds View City Council Regular Meeting July 26, 2004 Page 5 • Council Member Marty asked whether they had submitted a claim to Mrs. Winter's insurance company. Mr. Winters stated that that insurance had a $500 deductible and the premiums would increase if she made a claim. He stated the insurance agent had stated that they need to talk to the City because the insurance would not pay to clean out a blocked sewer line. City Attorney Riggs stated the City can't be negligent in this situation because there is a regular pattern of practice of servicing these lines. He stated the League defends these claims very vehemently. He stated the City could purchase a policy from the League to cover no fault sewer backup type situations like this. Council Member Gunn stated if there were litigation fees over this issue, it would be less expensive for the City to pay this claim outright. Council Member Stigney stated that the Winters should pursue their homeowner's insurance. MOTION/SECOND. Gum~/Marty. To table this item and discuss it at next week's Work Session. Ayes-4 Nays-0 Motion carried. • B. Resolution 6313 Dedicating Park Dedication Funds in the 2005 Budget for the Greenfield Park Playground Equipment Replacement Project. Public Works Director Lee stated the Parks and Recreation Committee had made two motions last Thursday, one being to recommend the expenditure of $8,000 for fiberfill and border around the playground equipment, to be taken out of the Park Dedication Fund in 2005, and the other was to recommend not to expend the funds, estimated to be $500, to assist in the printing and postage of the donation letter. John Kroeger stated that the City of Mounds View is not in a fundraising mode or in the position of raising funds for this activity, and that they felt those citizens who were looking for additional funds to improve or add to the amenities of the playground equipment should raise the money to pay for the mailings and printing. He suggested the City of Mounds View should provide a list of businesses to them. Public Works Director Lee stated the total budget to replace the equipment was $60,000, and there would be the additional expenditure of $8,000 for the fiberfill and the border. He stated the Commission offered up $40,000, and $20,000 would have to be raised in donations. Cindy Palm stated the equipment at Greenfield Park is over 20 years old and is falling apart. She requested that the Council approve $60,000 rather than $40,000, because you can get more for • the dollar if you purchase all the equipment at once. She stated that she and other residents were Mounds View City Council July 26, 2004 Regular Meeting Page 6 • prepared to approach businesses and organizations for donations. She requested that the City help with postage, envelopes, and copying costs if they only approved the $40,000. Council Member Gunn asked the City Attorney whether there would be a problem using City letterhead and logo in the donation requests, and City Attorney Riggs stated that there would be a problem with that. Mayor Linke stated that the City could help with copying, but not with postage. He stated the City could accept the donations, but they couldn't solicit them. Council Member Marty stated the Bethlehem Baptist Church had said they were going to give the City $25,000 a year on different projects, and perhaps they could be approached. MOTION/SECOND. Many/Stigney. To waive the reading, change No. 3 of the resolution to adhere to City policy, and approve Resolution 6313 as amended. Ayes-4 Nays-0 Motion carried. C. 7:05 PM: Public Hearing to Consider Resolution 6308, Approving a Conditional Use Permit Request for an Oversized Garage at 7806 Gloria Circle. . Mayor Linke opened the public hearing. Council Member Marty asked why the garage couldn't be built within the 35-foot width, and Planning Associate Prososki stated three vehicles and a recreational watercraft needed to be stored. She stated there was a 20-foot utility easement which would not allow the garage to be built any deeper, so the request was to make up the square footage in width. Mayor Linke closed the public hearing. MOTION/SECOND. Gunn/Marty. To approve Resolution 6308, Approving a Conditional Permit Request for an Oversized Garage at 7806 Gloria Circle. Ayes-4 Nays-0 Motion carried. D 7:10 p.m. Public Hearing, Second Reading and Adoption of Ordinance 744, an Ordinance Vacating Ezcess Easements Associated with the Velmier CVS Development at 2800 County Road 10. Mayor Linke opened the public hearing. Director Ericson stated there had been no changes from the First Reading, and the Ordinance • vacates easements that are no longer needed. Mounds View City Council July 26, 2004 Regular Meeting Page 7 • Council Member Marry asked if the utilities are on the property, and Director Ericson stated there is a storm sewer or a sanitary sewer easement at the south end of the property that would continue to be protected by a new easement dedicated through the Velmier plat. Council Member Marty asked if those were the only utilities that are on the property that aren't already on an easement, and Director Ericson said that was correct. There were no public comments. Mayor Linke closed the public hearing. MOTION/SECOND: Marty/Gunn. To waive the reading and adopt Ordinance 744 as presented. ROLL CALL: Linke/Marty/Stigney/Gunn. Ayes ~ Nays - 0 Motion carried E. Presentation of Bond Sale Results by Springsted, Inc. and Resolution 6309, Accepting Proposal on the Competitive Negotiated Sale of $2,245,000 General Obligation Improvement Bonds, Series 2004A and Providing for their issuance and Pledging for the Security Thereof Special Assessments, and Levying a Taz for the Payment Thereof. Bob Thistle stated that the City's credit rating had been raised from an A2 to an A1, which means the City will be able to borrow money at a lower interest rate in the future. He stated in 2004 the City had $90,000 cut from State aid, and this year there will be a $360,000 cut. He stated the City's debt burden is modest, and 97 percent of it will be paid off in less than ten years. Mr. Thistle stated Wells Fargo Brokerage Services purchased insurance for this particular bond issue, which means that it trades as a AAA. He stated the interest rate would be 3.89 percent. Mayor Linke opened the public hearing. MOTION/SECOND. Marty/Stigney. To adopt Resolution 6309 as presented. Ayes-4 Nays-0 Motion carried. F. Second Reading and Adoption of Ordinance 745, an Ordinance Approving Amendments to Section 1204.02 Relating to Park Dedication Requirements. Mayor Linke asked whether there were any changes since the First Reading, and Director Ericson stated he would like to make one correction to page 3, which was highlighted, to read as follows: "If an equivalent amount in cash from the subdivider for part or the entire portion required to be dedicated is to be paid by the subdivider, such amount is due no later than at the time of final approval of the proposed subdivision." • Mounds View City Council July 26, 2004 Regular Meeting Page 8 • Council Member Marty asked if the subdivision comes before the Council, they can't approve it until it's actually paid, and Director Ericson stated that that is typically how they have done it. He stated they could certainly require that they get a check in hand prior to Council authorization, or if that didn't happen, the Council has the ability to include that as a contingency. MOTION/SECOND: Marty/Stigney. To waive the reading and adopt Ordinance 745 as amended. Director Ericson stated that the full ordinance would be published on the City's web site, but only a summary would be published in the newspaper. ROLL CALL: Linke/Marty/Stigney/Gunn. Ayes - 4 Nays - 0 Motion carried. G. Resolution 6314 Approving the Draft Feasibility Report, Waiving the Public Improvement hearing, Ordering the Project, and Awarding the Excavation Contract for the Silver View Sedimentation Pond Project. Council Member Marry stated it looked like they were coming in way under budget on this matter, and Public Works Director Lee stated that that was correct. • MOTION/SECOND. Marty/Stigney. To waive the reading and approve Resolution 6314 as presented. Ayes-4 Nays-0 Motion carried. H. Resolution 6310 Authorization to hire one replacement Police Officer for the vacancy created by Deputy Chief Brennan's resignation. MOTION/SECOND. Gunn/Marty. To approve Resolution 6310 as presented. Council Member Marty stated Chief Sommer had some items in his staff report regarding realigning the police department, and that those should be forwarded for discussion in a work session. Ayes-4 Nays-0 Motion carried. I. Resolution 6315 selecting a Consultant for the Spring Creek Wetland Basin Delineation Project. Director Ericson stated SEH was the low bidder by a significant margin, and he felt it was due to • the fact that they had done the City's Water Management Plan and already had a lot of the data. Mounds View City Council July 26, 2004 Regular Meeting Page 9 • Council Member Marty stated it looked like their time schedule was off because it stated they would have this done by the end of September. Director Ericson stated it was already two weeks behind schedule because they had wanted to bring this to the Council at the last meeting. MOTION/SECOND. Marty/Stigney. To waive the reading and to adopt Resolution 6315, Selecting a Consultant for the Spring Creek Wetland Basin Delineation Project. Ayes-4 - Director Ericson stated that one of the staff cars had been red flagged and was inoperable, and that Staff was recommending purchasing a certain 2005 Chevrolet Cavalier because they had received a $1,000 discount on it. Nays -0 J. Resolution 6316 Authorizing the Purchase of a New Staff Car and Amending the Budget. MOTION/SECOND. Marty/Gunn. To waive the reading and approve Resolution 6316 as presented. Ayes-4 Nays-0 Motion carried. • 11. APPROVAL OF MINUTES A. June 14, 2004 City Council Minutes Council Member Marty stated they had not yet received the corrected June 14, 2004 Minutes. MOTION/SECOND. Marty/Stigney. To postpone approval of the June 14, 2004 Minutes until the next Council meeting. Motion carried. Ayes-4 Nays-0 B. July 12, 2004 City Council Minutes Motion carried. MOTOIN/SECOND. Gunn/Marty. To approve the July 12, 2004 City Council Minutes. Ayes-4 Nays-0 C. July 12, 2004 Executive Session Minutes Motion carried. MOTION/SECOND. Marty/Stigney. To approve the July 12, 2004 Executive Session Minutes. Ayes-4 Nays-0 Motion carried. • 12. REPORTS Mounds View City Council July 26, 2004 Regular Meeting Page 10 • A. Reports of Mayor and Council. Council Member Gunn stated that she and City Clerk/Administrator Ulrich had attended the meeting in Blaine with Blaine, Spring Lake Park, and Mounds View concerning the fire station, and that it was a good meeting. They had also discussed renaming County Highway 10, and had decided that none of the cities' names should be used in the renaming. Council Member Gunn stated there would be an Art Show at Festival in the Park. The entry fee would be $10, and the prize will be $50. She stated there would also be an inflatable arena for jousting bouts. Council Member Marty stated they are accepting registrations for the golf tournament for Festival in the Park, and everyone would have a chance to win a car if they got a hole in one. Council Member Marty stated he would like a printout on how much the charitable gambling organizations are being put back into the community. B. Staff • Police Chief Sommer gave the Police Department Quarterly Report. He stated he would be giving a presentation at the next work session on the noise ordinance. C. City Attorney None. 13. Nezt Council Work Session: Monday, August 2, 2004 Nezt Council Meeting: Monday, August 9, 2004 14. ADJOURNMENT Mayor Linke adjourned the meeting at 9:09 p.m. Transcribed and recorded by: Sheree Theobald Timesaver Off Site Secretarial, Inc. •