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HomeMy WebLinkAboutMinutes - 2009/03/09• 1 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 2 CITY OF MOUNDS VIEW 3 RAMSEY COUNTY, MINNESOTA p 4 5 Regular Meeting 6 March 9, 2009 7 Mounds View City Hall 8 2401 Highway 10, Mounds View, MN 55112 9 7:00 P.M. to 11 12 1. MEETING IS CALLED TO ORDER 13 14 2. PLEDGE OF ALLEGIANCE 15 16 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 17 18 NOT PRESENT: None. 19 20 4. APPROVAL OF AGENDA 21 A. Monday, March 9, 2009 City Council Agenda. 22 23 MOTIONISECOND: Mueller/Hull. To Approve the Monday, March 9, 2009 agenda as 24 presented. 25 26 Ayes - 5 Nays - 0 Motion carried. 27 28 5. PUBLIC INPUT 29 3o Cindy Palm, 2266 Terrace Drive, commented on the number of trips made by garbage and 31 recycling trucks every Thursday and asked about the option of negotiating aCity-wide hauler to 32 lower rates and prolong the life of City streets. 33 34 Mayor Flaherty explained that about four years ago, the City had decided to go to a Thursday- 35 only hauling day to cut down traffic from occurring every day. However, the Council left it open 36 for residents to select their own hauler. 37 38 Joe Rhein, Consulting Engineer, advised that the estimated 1,200 trips per year for garbage, 39 recycling, and yard waste trucks is considered to be a low volume and would not result in a huge 4o detrimental impact over the next eight years. Clerk-Administrator Ericson noted, however, that 41 reducing trips from 1,200 to 300 trips per year would result in substantially less wear. 42 43 Mayor Flaherty stated this topic will be discussed at an upcoming Work Session meeting. • 44 Mounds View City Council March 9, 2009 Regular Meeting Page 2 • t 6. SPECIAL ORDER OF BUSINESS 2 3 None. 4 5 7. COUNCIL BUSINESS 6 A. Resolution 7413, Denial of a Residential Kennel License located at 2273 7 Pinewood Drive. 9 Assistant Clerk-Administrator Crane presented the past consideration of a residential kennel to license for John Munsterman of 2273 Pinewood Drive, noting that the Council had tabled 11 consideration to allow more time to obtain the needed petition signatures. However, 16 names 12 have now been withdrawn so the petition is invalid. She noted that the Weinmaraner had been 13 involved in a second incident and the March 3, 2009 police report was provided for Council 14 review. Assistant Clerk-Administrator Crane stated if the license is denied, staff will continue to 15 monitor the home to assure there are only two dogs at that address. 16 17 Police Chief Sommer explained the civil process for the victim of a dog bite and that the City can 18 charge criminal violation under City Code or State Statute, both of which have provisions that 19 apply to dangerous dogs. He read the pertinent section of City Code related to dangerous animals 20 and vicious animals. A dog would be deemed to be a vicious animal if involved in two or more 21 unprovoked bites in one year. Upon conviction of this provision, the court can direct an animal • 22 control officer to dispose of the animal in a humane manner. Police Chief Sommer stated the 23 City will notify Mr. Munsterman in writing that he is in possession of potentially dangerous dog 24 as defined under State Statute. 25 26 Mayor Flaherty stated a public hearing has been held but offered to take short public comment. 27 28 Steve Jungwirth, 2236 Pinewood Drive, described the incident that occurred on March 3, 2009, 29 while he was walking to his truck, carrying his small Pug, and the Weinmaraner lunged at him. 3o He stated he evaded the dog's lunge by quickly turning away. Mr. Jenworth stated he reported 31 this to the Police Department and a report was written. He expressed concern for the 32 neighborhood children and elderly neighbor Milly Smith. Mr. Jenworth stated that on March 5, 33 2009, while helping Ms. Smith drag a trash can up an icy driveway, they could hear the 34 Weinmaraner "going nuts" inside the Munsterman house, charging the walls. In addition, the 35 Weinmaraner was running loose two nights ago. 36 37 Mayor Flaherty stated the City's ordinance prohibits dog from running loose and encouraged 38 residents to call the Police Department and file a report if they see a dog running loose. 39 4o Cindy Palm, 2266 Terrace Drive, referenced the City Code definition of "dangerous dog" and 41 asked why the Weinmaraner cannot be so deemed since there have been four unprovoked attacks, 42 one resulting in a bite. She stated she had notified Pinewood School about the incidents and they 43 will alert the crossing guard supervisors of this danger. Ms. Palm stated she will now be calling • 44 the Police Department whenever this dog is running at large, barking, defecating, or lunging at 45 the fence. Mounds View City Council March 9, 2049 Regular Meeting Page 3 • 1 2 Police Chief Sommer referenced the two subdivisions under Statute Sub. 13 and stated his 3 understanding both would apply. Mayor Flaherty suggested a legal opinion be obtained 4 pertaining to Ms. Palm's question whether the Weinmaraner could immediately be classified as a 5 dangerous dog. 6 7 Raymond Ramirez, 5273 Irondale Road, reported on a problem with his neighbor's white poodle 8 that barks constantly so he is unable to enjoy use of his back porch. He stated this has been 9 going on for five years but it is difficult to get a police report because the dog is back inside by l0 the time the officer arrives. Mr. Ramirez stated the last time he called the police dispatcher, he 11 also complained about the time for response and that time it only took five minutes so the Police 12 Officer heard the dog barking. Mr. Ramirez stated the dog starts barking at 11:15 p.m. every 13 night, sometimes for a long as an hour and a half, and asked the City to control nuisance animals. 14 15 Police Chief Sommer stated when residents call through the Ramsey County Dispatch Center 16 they need to make it clear that they want the Police Officer to stop and see the resident. 17 18 Mayor Flaherty stated the City can institute a fine so the dog owner is aware this is a Code 19 violation and encouraged pet owners to be conscientious when their pets are causing a nuisance. 20 21 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7413, 22 Denying a Residential Kennel License Located at 2273 Pinewood Drive for John Munsterman. 23 24 Ayes - 5 Nays - 0 Motion carried. 25 26 Mayor Flaherty stated when this matter was addressed two weeks ago, Mr. Munsterman said he 27 had and used bark collars on his dogs. However, the picture provided shows the Weinmaraner is 28 not wearing a bark collar. He urged Mr. Munsterman to take the dog to obedience school and 29 keep it under control so another resident is not bitten. 30 31 B. Resolution 7418, Authorizing the Hire of Nicholas DeBar to the Position of 32 Public Works Director. 33 34 Assistant Clerk-Administrator Crane presented the recommendation to hire Nicholas DeBar to 35 the position of Public Works Director, at Step 3 of the City's pay plan at $41.09 per hour with an 36 increase to Step 4 after one year of employment and Step 5 after two years of employment 37 subject to satisfactory performance evaluation, Council consideration, and pending a satisfactory 38 criminal background check and reference checks. 39 4o MOTION/SECOND: Gum1/Stigney. To Adopt Resolution 7418, Authorizing the Hire of 41 Nicholas DeBar to the Position of Public Works Director. 42 43 Councilmember Gunn read the resolution in full. 44 45 Nicholas DeBar introduced himself and thanked staff and Council for selecting him to this Mounds View City Council March 9, 2009 Regular Meeting Page 4 1 position.. 2 3 Ayes - 5 4 Nays - 0 Motion carried. 5 The Council and staff welcomed Mr. DeBar with a round of applause. 7 C. Resolution 7419, Approving a Longevity Increase for Office Kasey 8 Keckeisen. 1o Assistant Clerk-Administrator Crane presented the finding of Deputy Chief Tom Kinney that 11 Officer Kasey Keckeisen has satisfactorily performed in the capacity of his position. Therefore, 12 Deputy Chief Kinney recommends a longevity wage adjustment, which is consistent with the 13 Police Officer Labor Agreement. She advised that Officer Keckeisen will go from longevity of 14 3% at $33.42 per hour to longevity of 5% at $34.07 per hour, effective March 17, 2009. 15 16 MOTION/SECOND: Mueller/Stigney. To Adopt Resolution 7419, Approving Longevity 17 Adjustment. 18 19 Councilmember Mueller read the resolution in full and thanked Officer Keckeisen for providing 20 a Crime Prevention Tip of the Week. 21 22 Ayes - 5 Nays - 0 Motion carried. 23 24 D. Resolution 7420, Authorizing the Preparation of a Preliminary Feasibility 25 Report and Consultant Selection for Area C of the Street and Utility 26 Improvement Program. 27 28 Joe Rhein, Consulting Engineering, presented the staff report and recommendation to accelerate 29 the schedule by combining Area B (scheduled for 2010 of 1.4 miles) and Area C (scheduled for 30 2011 of 2.7 miles) to create a larger sized project, hopefully resulting in favorable bids in this 31 time when the economy is depressed. Mr. Rhein stated to consider this option the City needs 32 adequate cash flow, to determine if it makes sense to combine the Areas, and the project 33 schedules need to be compatible. He reviewed staff s findings that accelerating the program by 34 one year will result in a negative cash flow so a one year break would be needed at some point, it 35 does make sense to combine Area B and Area C, and the project schedules are compatible. He 36 reviewed the potential savings equaling $75,000 to $100,000 due to economy of scale, one less 37 year of maintenance costs in Area C, and need for only one combined engineering document 38 resulting in lower engineering, legal review, and advertisement. Mr. Rhein reviewed the 39 anticipated project schedule and recommendation that Bonestroo Engineering be used since it 4o had completed the survey and Area B feasibility report. He noted the draft resolution would only 41 commit to doing the Area C report, not moving forward with construction or a combined report. 42 43 Jim Battin, 2332 Laport Drive, Street and Utility Commissioner, noted the Area A bid was • 44 $700,000 under the estimated cost due to the depressed economy so the combined bid for Areas 45 B and C could be $500,000 lower than the estimate if bid one year earlier. Mounds View City Council March 9, 2009 Regular Meeting Page 5 1 2 Tom Winiecki, 2748 Sherwood Road, asked if the City will continue to maintain roads before 3 construction starts. Mayor Flaherty answered in the affirmative. 4 5 Council Member Mueller stated her support for combining Areas B and C even if a one-year 6 schedule delay is needed in the future to correct a negative cash flow. Finance Beer stated he had 7 assumed the levy limit would be in place unti12011. He advised that with the additional levy in 8 2012, a shortfall would occur in 2015 unless aone-year break is scheduled. 9 to MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7420, 11 Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for 12 Area C of the Street and Utility Improvement Program. 13 14 Mayor Flaherty stated he has no issue using Bonestroo because they are well versed in this 15 project. 16 17 Ayes - 5 Nays - 0 Motion carried. 18 19 E. Resolution 7422, Authorizing the Purchase of Lumber for Mailbox Posts for 20 the 2009-10 SUIP. 21 22 Clerk-Administrator Ericson presented the recommendation to purchase lumber for the mailbox 23 posts, which will be grouped according to City Code, from the low bidder, Spring Lake Park 24 Lumber. This would be funded from account number 285-4470-7050-311. 25 26 Jim Baffin, 2332 Laport Drive, asked if this was part of the contractor's bid. Mr. Rhein 27 explained the City is providing the materials, the shop will construct the main post and 28 crossmembers, and the contractor will install the posts. 29 3o MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7422, 31 Authorizing the Purchase of Lumber for Mailbox Posts for the 2009-10 Street and Utility 32 Improvement Project. 33 34 Councilmember Stigney noted the low bid from Spring Lake Park Lumber is for $10,080.17. 35 36 Ayes - 5 Nays - 0 Motion carried. 37 38 F. Resolution 7423, Authorizing the Purchase of New Chemical Feed Rate 39 Equipment for Treatment Plant 1. 40 41 Clerk-Administrator Ericson presented staff's recommendation to purchase chemical feed rate 42 equipment for Treatment Plant 1 (because it no longer operates efficiently) from the low bidder, 43 Larsco. This purchase would be funded from the Enterprise Fund. . 44 45 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7423, Mounds View City Council March 9, 2009 Regular Meeting Page 6 • 2 3 4 5 6 7 8 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 43 Authorizing the Purchase of New Chemical Feed Rate Equipment for Treatment Plant 1. Councilmember Mueller stated the bid is for $3,750 plus tax each, for a total of $11,250 plus tax for three units. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval. B. Set Public Hearing for March 23, 2009 at 7:05 p.m. for Proposed Code Amendment for Conditional Use Permits for Dynamic Display Signs. C. Resolution 7421, Authorizing a Cigarette and Tobacco Business License for Tobacco View located at 2539 County Highway 10. MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as Presented. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Mueller advised of a compliment comment made about the cleanliness of City Hall and thanked Clean Tech South Metro for their service. Council Member Hull referenced Page 12 and questioned the claim from Short Elliot Hendrickson (SEH). Finance Director Beer stated the work was to complete paperwork to un- encumbered $26,000 of MSA funds. MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. February 23, 2009 Executive Session Minutes. Council Member Gunn requested a correction on Page 1 to change "a.m." to "p.m." MOTION/SECOND: Mueller/Stigney. To Approve the February 23, 2009 Executive Session Meeting Minutes as Revised. Mayor Flaherty read the February 23, 2009 Executive Session meeting minutes. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council March 9, 2009 Regular Meeting Page 7 ~' 1 11. REPORTS 2 A. Reports of Mayor and Council. 4 Council Member Mueller announced the Thursday, March 26, 2009, Ramsey County League of 5 Local Government Meeting and encouraged attendance. She stated she will be attending the 6 upcoming League of Minnesota Cities Ethics Advisory Panel, reminded residents that the City is 7 seeking nominations for the Citizenship Award, and announced that the Festival in the Park has 8 been scheduled for Saturday, August 22, 2009. 9 l0 Mayor Flaherty reported on the BioLife grand opening and announced the Street Utilities 11 Neighborhood Meeting that will be held at the Community Center on Thursday, March 19, 2009. 12 13 Council Member Gunn provided an update on athletic accomplishments of high schoolers. 14 Congratulations were extended to the athletes and the Irondale Girls Hockey team that received 15 the State consolidation trophy. 16 17 B. Reports of Staff. 18 19 Clerk-Administrator Ericson updated the Council regarding the meeting held in Vadnais Heights 20 with Senator Klobuchar and Congresswoman McCollum about the federal stimulus program and 21 advised that not many transportation dollars will be available to cities. However, there may be 22 some opportunity for dollars for the 2009-2010 Street Improvement Project/Stormwater 23 Improvement Project to cover costs for rain gardens. 24 25 1. Consideration of Green Project Reserve Grant. 26 27 Joe Rhein, Consulting Engineer from Bonestroo, stated they have watched for opportunities to 28 apply for stimulus package dollars; however, the qualifications are so narrow that no project 29 qualified. He advised of the PFA Green Project Reserve Program that will award up to $100,000 30 (25% grant / 75% low interest loan), for projects that involve stormwater. Eligible costs are for 31 construction and project costs, which would include engineering work. Mr. Rhein described the 32 application process for this first-come/first-served funding grant and advised that the City's 33 Street Project has already been advertised and bid so the application could be completed by the 34 deadline. He estimated the cost to create the documentation required for application would be 35 about $7,500. 36 37 Mayor Flaherty asked if the application cost would be TIF eligible. Clerk-Administrator Ericson 38 stated he does not think so. Finance Director Beer stated it could be paid from the Street Fund. 39 4o Council Members Gunn and Mueller indicated support to make application for this grant. 41 42 Clerk-Administrator Ericson noted staff may be able to complete some application tasks to lower 43 the cost. Mr. Rhein reviewed tasks the City could handle. • 44 Mounds View City Council March 9, 2009 Regular Meeting Page 8 1 Council Member Stigney asked about the probability to receive the grant. Mr. Rhein noted it 2 would be a 3 to 1 return on the money and estimated a 50150 chance for Mounds View to receive 3 this grant. 4 5 Council Member Stigney asked how much of the grant criteria fits this project. Mr. Rhein stated 6 this grant is for projects with environmental impacts, a perfect fit for the City's project. He 7 explained that each application will be ranked and funded as received and the program will be 8 done when the funding has been allocated. 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 Mayor Flaherty stated it is a risk but such a grant would greatly benefit the City's financing for this project. MOTION/SECOND: Stigney/Gunn. To Authorize Staff to work with Bonestroo to Prepare a Grant Application through PFA for a Green Project Reserve Grant at a cost not to exceed $7,500. Mr. DeBar stated he has worked with the PFA in the past, they are a great agency to work with and low-interest loans are a benefit to the City. Mr. DeBar stated that he will be able to assist with the application process. Ayes - 5 Nays - 0 Motion carried. Clerk-Administrator Ericson announced the Chamber of Commerce breakfast meeting with Governor Pawlenty at The Mermaid on March 26, 2009. Mr. Rhein advised that last Friday, Mounds View received the State Aid disbursement of $1.1 million for the Red Oak Drive and Hillview Road street project. C. Reports of City Attorney. Noted. 12. Next Council Work Session: Next Council Meeting: Monday, Apri16, 2009, at 7 p.m. Monday, March 23, 2009, at 7 p.m. 13. ADJOURNMENT The meeting was adjourned at 8:47 p.m. Transcribed by: Carla Wirth Timesaver Off Site Secretarial, Inc.