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HomeMy WebLinkAboutMinutes - 2008/01/28 (2)APPROVED • PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 28, 2008 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:14 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, January 28, 2008, City Council Agenda MOTION/SECOND: Mueller/Hull. To Approve the Monday, January 28, 2008 Agenda as presented. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Senator Betzold and Representative Tillberry will be present to speak to the Council about the Upcoming Session. Senator Betzold and Representative Tillberry appeared before the Council and provided a legislative update for the upcoming session. Senator Betzold noted that most people are predicting up to a $700,000,000 deficit and that is the main item that they will be working on. The bridge collapse and victim's compensation funds will be reviewed. • Mounds View City Council January 28, 2008 Regular Meeting Page 2 Representative Tillberry said that he is surprised at the number of bills that were vetoed. He then said that he is curious how the upcoming agenda will pan out, because it will require raising taxes or cutting spending to eliminate the projected deficit. Representative Tillberry indicated that Mounds View was affected by the bridge collapse with the death of Pat Holmes. Paul Eickstadt and others were injured. Council Member Flaherty indicated that there are many foreclosures right now, and he is wondering if the Senate is going to be addressing the concern with housing crisis. Representative Betzold said that there is no easy solution, especially in light of the funding shortage with the State's budget. He then said that session begins soon, and there is a need for something to be done. Representative Betzold commented that there are mortgage companies that loaned money to people who were not able to afford it. He further said that there may need to be some federal legislation to help out with regulating the shams that were going on. He then said that he would like to hold the people that have caused this mortgage crisis with the straw person deals, and other questionable subprime market schemes accountable. Council Member Mueller indicated that the residents on the northwestern border on Highway 10 . have a concern with the noise levels in that area. She then said that the noise levels there are impacting health and wellness and quality of life. Council Member Mueller indicated that it is projected that traffic on Highway 10 will triple with the 610 completion. She then said that the City needs to get the sound wall approved to protect the residents, and the City needs help from its representatives. Representative Tillberry said that Mn/DOT used to have approximately $250,000 or so as a buffer, but that has been drained down to nothing so in order to pay for the work going on, a special committee of the legislature for incremental funds. He then said that they will continue to fight, but it is not an easy thing to do. Senator Betzold indicated that drafting a bill and getting it introduced is not an issue, but there is only so much that the Senate Transportation Committee can do. Senator Betzold explained that there is a need for $1 billion dollars a year for 20 years, in order to catch up with needed infrastructure within the state. Mayor Marty noted that Mn/DOT promised the City the sound wall a number of years ago, and the City got together to discuss possibilities, and finally the costs have gone up to the point where $300,000 will not go very far. He then said that the City still has that amount coming, and the new sound readings taken with the creation of the Medtronic facility, the noise that used to go • north, hits the buildings and now goes back south so the decibel readings have increased. Mounds View City Council January 28, 2008 Regular Meeting Page 3 Mayor Marty commented that Mn/DOT wants to continue on, and join on with the sound wall that is there, but he would like to leave a gap for Arden park and Laporte Meadows area, and take whatever the $300,000 will get the City, and move it to where the people live would help residents. Mayor Marty indicated that for cities like Mounds View that are built out, local government aid is an issue. He then asked that they work on local government aid and try to get it fixed. Representative Tillberry indicated that the formula is an issue. The second issue is that the tax bill was vetoed with local government aid in it, and it was one signature away from an override. Senator Betzold indicated that they are not sure if the bill that was introduced is still in play, but it looks like there will be two tax bills. One that is non-controversial that will pass early on, and a second that contains fiscal implications. If the budget forecast is as dire as is being predicted, the Senate and House may have to take cuts too. Council Member Hull asked whether the gas tax would be on the next agenda. Representative Tillberry indicated he has no idea how that will all play out this year. He then said that, if it is the same as last year, it may not get out of the house. Mayor Marty thanked Representative Tillberry and Senator Betzold for coming to the meeting. Council Member Mueller asked whether either the Senator or Representative would be available to attend an Eagle Scout ceremony. Senator Betzold asked that he be contacted, and he would attempt to attend, if possible. Senator Betzold asked that anyone emailing him should include their name and address, so he can ascertain if the person is in his district. . 7. COUNCIL BUSINESS A. Introduction and first Reading of Ordinance 802 Amending Chapter 1012 Expanding the Scope of the City's Rental Dwelling Licensing Program Housing Inspector Anderson explained that this Ordinance would apply to single-family properties that are being used as rental units. He then reviewed the remaining language of the Ordinance and noted that Kennedy & Graven has provided legal review of the Ordinance. Staff would recommend no specific criminal checks on landlords other than contact information. Subletting is addressed to require information on who has authority to be on the premises and living in the home. • Staff recommended a license fee from $50.00 to $60.00 for single-family homes, and for multifamily it would be the base fee plus a per unit additional charge. Staff would recommend a Mounds View City Council January 28, 2008 Regular Meeting Page 4 fee for a third inspection. He then asked Council to set a re-inspection fee high enough to make it an incentive not to require a third inspection. Council Member Mueller thanked Staff for the well thought out and well prepared report. She then said that it is extremely important to move forward with this, especially since rentals will increase with the existing housing market conditions. Council Member Flaherty indicated that the thing that was most important to him was having a local agent that is easily accessible to City Staff should a situation arise. Mayor Marty said that he likes the fee reduction for participation in the Ramsey County Crime Prevention Program. Mayor Marty said that he feels this is an excellent report that is well presented. Mayor Marty agreed that setting the re-inspection fee at $47.00 which is higher than actual cost as an incentive not to have a re-inspection. Mayor Marry asked if there is information on square footage and maximum occupancy. Housing Inspector Anderson indicated that the City has adopted the International Property Maintenance Code and that document does regulate the number of occupants by habitable square footage and that is at 50 square feet per person. Mayor Marty commented that in the rental dwelling licenses not required for licenses, he is concerned about allowing only one person per room with the two people for two bedrooms. Housing Inspector Anderson indicated that Staff has come to the conclusion that some of this is zoning related. He then said that the intent is not to split up a family, but he can work on clearing up the wording. Mayor Marty noted the annual fee shall be paid within 30 days, and then lists certification levels, but he does not see anywhere in the document where the levels are defined. Housing Inspector Anderson indicated that the information is contained in the policy, and in handouts but Staff can add them if that is helpful. Mayor Marty asked to reference the policies, so they know where to find the information. MOTION/SECOND: Mueller/Marty. To Waive the Reading and Introduce the First Reading of Ordinance 802, Amending Chapter 1012 Expanding the Scope of the City's Rental Dwelling Licensing Program. Council Member Mueller asked whether there is an appeals process if a license suspension is before Council. Mounds View City Council January 28, 2008 Regular Meeting Page 5 Housing Inspector Anderson indicated that the Council would serve as the appeal board, and could make a determination as to whether or not to revoke or suspend the license. Mayor Marry asked whether there is anything the City can do to help evict problem tenants. Housing Inspector Anderson indicated it may be possible, but there would need to be more discussions. He then said that there are options once the original action has run its course through the Courts. Ayes - 5 Nays - 0 Motion carried. Council requested that Staff mail out the information to those that have rental units to allow enough notice for them to comment on this. Mayor Marty requested that this item be put on the Agenda for the second meeting in February to allow time to contact everyone. Interim Administrator Ericson indicated that Staff would post notice with the papers and on the website. Mayor Marty asked how soon Staff can notify the 47 rental properties correctly identified in the city.. Staff agreed to do so by the end of next week. This second reading of this item was moved to the February 25, 2008 Council meeting. Council Member Stigney suggested a motion for the direction on the mailing. MOTION/SECOND: Marry/Flaherty. To Direct Staff to Mail Notice to the 47 Known Properties and Any Others Identified Before the Second Reading. Ayes - 5 Nays - 0 Motion carried. B. Public Hearing to Consider Resolution 7216, Providing Authorization to Abate Nuisance Code Violations at 8217 Long Lake Road Mayor Marty opened the public hearing at 8:16 p.m. Housing Inspector Anderson noted that the City's Code does allow for abatement of Code Violations. The property identified was notified in November 2007 of a Code violation involving automotive repair. Notice was issued to correct the situation with regard to the inoperable vehicles, unlicensed, or incorrectly parked vehicles. . Housing Inspector Anderson indicated that the date to cure this situation was November 21, 2007 and by December 4, 2007 it was clear that no action was taken. Staff has exercised all tools in Mounds View City Council January 28, 2Q08 Regular Meeting Page 6 . the toolbox, and this step is necessary to utilize the final tool which allows Staff to go on the property and clean up the situation. Maria Preciado of 8030 Long Lake Road said that the problem is that they have been having a lot of medical problems in their home. She has sisters with aneurysms and two grand children living with her that broke their arms. She herself was in for a pinched nerve in her back, and her son has been in the hospital in a diabetic coma. She then said that this is why the problem is not being taken care of. She further said that she has only been going to the subject property since Monday, so she is not sure what is going on there. Anthony Preciado indicated he spoke to Mr. Anderson, who gave him the information and concerns. He then said that the 13 motor vehicles have been taken care of. He also indicated, that it has been difficult to do anything with the way he has been sick for two months. Mr. Preciado said that he is not sure when he talked to Staff last about this situation. Eddie Orvita of 8030 Long Lake Road, said he could confirm what the Preciados have been saying about the health situation. Hearing no further public comments Mayor Marty closed the public hearing at 8:26 p.m. Council Member Flaherty asked if the yard looked like the photographs provided. Ms. Preciado said she is not saying anything about the stuff. Mr. Preciado indicated that the cars in the backyard are gone. Housing Inspector Anderson indicated he stopped out at the property, and there has been some improvement, but it is not where it needs to be. He further explained that there seems to be moving in and out of vehicles in a "cat and mouse" type of situation. Mayor Marty asked whether the property owner had anyone in the family that could assist them with taking care of the Code violations. He also commented that this has gone on for quite a while, and needs to be taken care of. Council Member Flaherty indicated that the building inspector, by his own admission, has not been out there since December, and that was 45 days ago, so his suggestion would be a re- inspection by the Building Inspector to let the property owner know exactly where they stand, and exactly what must be corrected. Council Member Hull indicated that he drove by the property today, and the back yard does not look anything like the picture from November. Interim Administrator Ericson suggested tabling to February 11, 2008 to allow time to send Staff out to the property to re-inspect. Mounds View City Council January 28, 2Q08 Regular Meeting Page 7 Council Member Mueller asked if the property owner was clear on what can and cannot be out in the yard, in order to remain in compliance once this issue is cleared up. Mr. Preciado said that the computer system that he had was stolen so he had problems contacting the people that owned the vehicles. He then said that he was dealing with the Columbia Heights Police Department to identify and contact some of the owners to get the vehicles off the property. He then said that the rest of the vehicles belong to him and he does not have money to rent space to store them. MOTION/SECOND: Mueller/Hull. To Postpone to the February 11, 2008 Meeting and Direct Staff to Reinspect Just Prior to the Council Meeting. Council Member Stigney asked about the two vehicles of 8310 Eastwood Road, and whether this would be dealt with at this time as well. Ms. Preciado indicated that those are not hers. She then said that it was in her daughter's house. Ayes - 5 Nays - 0 Motion carried. Housing Inspector Anderson indicated that one vehicle has a flat tire and expired licensing. He then said that Amanda Preciado is the owner of record for the property, but it looks to be vacant right now. Staff has posted notice to make the corrections. C. Resolution 7217, Adopting the Streets & Utilities Task Force Recommendation on Previously Assessed Properties Finance Director Beer explained that the Task Force made recommendations to the Council, and as a result an informational mailing was sent out on October 3, 2007 and an Open House was held on October 15, and a formal public hearing on October 22, 2007. The Task Force recommendations were approved, with the exception of how to handle the previously assessed properties. Finance Director Beer recommended approval of the Resolution, adopting the Task Force recommendation on previously assessed properties. Staff is seeking direction on creation of a Task Force to guide the street improvement program as the streets are repaired and reconstructed. Council Member Hull thanked Mr. Beer and Mr. Riggs for their extra efforts on this matter. He then said that he wanted to see if it was possible to fix the numbers, to make things as equitable as possible, and that is why he wanted the research done. Mayor Marty said that this recommendation of the Task Force was done to try and be as fair and • equitable as possible. He then said that he whole heartedly agrees with the recommendation. Mounds View City Council January 28, 2008 Regular Meeting Page 8 i Council Member Flaherty said that it would be difficult to determine how far back in time to go with previous assessments. He then said that he agrees with the Task Force recommendation. Council Member Mueller said that in conversations with other elected officials and staff, a lot of cities are in awe of what the Streets Task Force came up with, and she thinks it will be used as a model for other cities. She then said that she is very proud of the work everyone has done on this project. MOTION/SECOND: MuellerlMarty. To Waive the Reading and Approve Resolution 7217, Adopting the Streets & Utilities Task Force Recommendation on Previously Assessed Properties. Valarie Amundsen, 3048 Woodale Drive, asked if Mr. Riggs feels confident with the research done, that it is not legal to refund old assessments. She then asked if it is legal to do what is proposed. Attorney Riggs indicated that he has talked with Staff about this, and under Minnesota Statute Chapter 429, it appears that the City can do what it is trying to do because it is a reassessment rather than a refund. Council Member Stigney said that in the area of fairness is why Bronson was looked at. The attorney says no that we cannot do this, so he accepts that. He then said that the residents should • realize whether it comes out of the left pocket or right pocket, it doesn't make much difference, but if it all came out of the Medtronic levy reduction fund it, would be limited to the 5% cap, but this way is free reign to go out and get $100/year from everyone without any cap. Mayor Marty noted that Council Member Mueller brought up that other cities are looking at this model, and about how this is breaking new ground and get the streets fixed with a very minimal cost to residents. Ayes - 5 Nays - 0 Motion carried. Mayor Marty thanked the Task Force. Council Member Mueller indicated that she would like to see the City form a Streets and Utilities Commission, to partner with the City on the ongoing efforts, to see the Resolution 7217 through to program completion Mayor Marty said that he would like to refer this to the upcoming work session. He then asked Staff to provide information at the next work session on suggested members and term limits. 8. CONSENT AGENDA A. Licenses for Approval Mounds View City Council January 28, 2008 Regular Meeting Page 9 • B. Resolution 7213, Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for the 2008 Maintenance Project (Seal Coat) C. Resolution 7214, Purchase of a Replacement Civil Defense Siren D. Resolution 7215, Acceptance and Final Payment Approval for the Random Park Building Replacement Project Council Member Mueller requested that Item B be removed for discussion. Council Member Flaherty requested that Item C be removed for discussion. Council Member Stigney requested that Item D be removed for discussion. MOTION/SECOND: Mueller/Hull. To Approve Consent Agenda A as Presented. Ayes - 5 Nays - 0 Motion carried. B. Resolution 7213, Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for the 2008 Maintenance Project (Seal Coat) • Council Member Mueller said that she wonders why the City would have to go back to a consultant on a seal coat project, when there have been seal coat projects in the past. She then said that she would like to do this in house, as City Staff is capable of doing this. Public Works Director Lee indicated that it can be done in house, but it may not be cost effective to do so. He then said that other projects would have to be pushed back to allow time for this. Mayor Marty asked for the status on hiring a person to assist with the engineering. Director Lee indicated that Staff is working on the hiring process for a Public Works Supervisor. He then said that Staff has advertised for that position, and is moving forward with the process. He further said that Staff has looked at having someone in house do the construction administration, rather than paying a consultant for street projects. Mayor Marty noted that seal coating is included in the streets project, including those that were included in the County Road H2 and the 2003 streets maintenance project. He then said that he would like to have discussion on hiring a part time engineer to get things going, including having maintenance, he thinks the City should go with the Staff recommendation. Council Member Flaherty said that the City has identified what is to be done, so the contractor should know what to do, and that is why he does not know why a Feasibility Study is required. Public Works Director Lee indicated that there are specifications that must be done, and this is more involved than just dumping seal coat down. Mr. Lee estimated the cost of the study to be Mounds View City Council January 28, 2008 Regular Meeting Page 10 i around $6500.00. Mayor Marty said he would like to consider hiring a part time temporary engineer rather than having to hire this out to a consultant. He then said that he is encouraged that maintenance is being done on County Road H2 and the 2003 Street Project, to make sure that they last as long as they should. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7213, Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for the 2008 Maintenance Project (Seal Coat). Ayes - 5 Nays - 0 Motion carried. C. Resolution 7214, Purchase of a Replacement Civil Defense Siren Council Member Flaherty asked Chief Sommer to provide information on the Civil Defense siren to be replaced. He also asked what residents should do if the sirens go off. Chief Sommer indicated that residents should take cover immediately and access the radio for weather updates. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7214, Purchase of a Replacement Civil Defense Siren. Mayor Marty noted that the battery backup would run these sirens for 15 minutes without power. He also said that radio activation can eliminate the need for dedicated control lines, and then it states that antennae and cable are not included with any radio activation unless purchased separately. Mayor Marty asked whether the cost includes batteries because batteries are not included in the base price. Chief Sommer indicated that everything needed to run the siren is included with the price listed. Council Member Stigney asked if these batteries are rechargeable. Chief Sommer indicated he was not absolutely sure on the technical information on the batteries, but they do have a battery life date. Ayes - 5 Nays - 0 Motion carried. D. Resolution 7215, Acceptance and Final Payment Approval Council Member Stigney indicated that he has not been over to the Random Park Building for a while but, at that time, there were several items that needed to be resolved. • Public Works Director Lee indicated that everything that the contractor is responsible for have Mounds View City Council January 28, 2008 Regular Meeting Page 11 been completed. He then indicated that there are some things that the City has taken on with the interior of the building. Council Member Stigney asked if there are faults, can the contractor be held accountable or is the City just stuck. Director Lee indicated that the consultant has verified that everything that the contractor is responsible for has been completed. Council Member Mueller said that the only concern she has, is the change orders that came through were a surprise to her. She then said that she saw in the information, the original contract amount was $244,675.44, but the revised amount is $287,954.04, and she wants to make sure that bid was kept within the right place to award it. Her concern is that anyone can come in and be a low bidder if they think that they can sneak in a bunch of change orders later on. Mayor Marry said that after this was bid out the biggest charge was the fact that the building had to be strengthened because it was a public facility. He then said that a whole new water line was required, and that it had to be sprinklered as per new fire codes. Public Works Director Lee explained that it was the City that generated the change orders not the contractor. Mayor Marty asked if the mold or soils correction, is at all related to the fact that it was built too low. Director Lee indicated that it was not, and provided explanation. MOTION/SECOND: Marty/Hull. To Waive the Reading and Approve Resolution 7215, Acceptance and Final Payment Approval. Council Member Stigney said that the discussion brought up a lot of things on people's minds regarding change orders. Council Member Flaherty indicated that there is no harder pill to swallow than change orders. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Mueller indicated that she called and asked questions, and all were answered to her satisfaction. Mayor Marty, On Page 4, BRAA development plans. • Mounds View City Council January 28, 2008 Regular Meeting Page 12 • Interim Administrator Ericson explained that was for the engineering review for the townhouse project. Mayor Marty asked about the Brighton Veterinary Hospital charge for $850.00. Finance Director Beer indicated that is three months worth of charges. Mayor Marty, On Page 5, asked about Continental Research for $319.00. Director Lee indicated that is a concrete cleaner to clean the floor of the shop. Mayor Marty asked if the City is almost paid off with the listed unemployment claims. Finance Director Beer indicated that Staff discussed the matter and it is almost paid off. Council Member Flaherty asked how long $960.00 worth of Chlorine lasts the City. Director Lee indicated that it is bought in bulk once per quarter. Council Member Stigney asked whether Hansen's Lawn Care invoice is related to 8310 Eastwood. Staff agreed to look it up. Mayor Marty said that Bridges Redevelopment, Sysco Expansion and Red Oak Estates are listed on an attorney invoice, and he would like to know if they are billed to the developers. Attorney Riggs indicated that some would be, but others would not. He added, regarding Xcel Energy, that since the City is not a customer on the Xcel transmission line, he does not feel that the City should have to pay legal fees associated with the review of the installation. He agreed to provide updated information as this goes along line progresses. Council Member Flaherty asked if the UHL Heating invoice is a monthly agreement, or what that was for. Director Lee indicated that this was a blower motor that went out at the Community Center, over and above the general maintenance contract. MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES Mounds View City Council January 28, 2008 Regular Meeting Page 13 A. Executive Session Minutes, January 14, 2008 MOTION/SECOND: Flaherty/Mueller. To Approve the Executive Session Minutes of January 14, 2008. Ayes -0 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Mr. John Winiecki, 7575 Groveland Road, said that he heard that they were not going to get any assistance with previously paid assessments. Council brought him up to date on the discussion that was missed. Mayor Marty reminded him to fill out the form when it is mailed out to him. Council Member Mueller thanked the City for allowing her to attend the League of Minnesota Cities seminar on ethics in local government, and said that she learned a lot, and felt it was very beneficial. Council Member Mueller said that the Cookbook Committee is looking for volunteers as well as recipes. She also asked for the story that goes with the recipe, if it is a family favorite, or part of a family tradition. Council Member Flaherty said that in the paper recently, there was news of a governing body that has been in turmoil in a City. He then said that there is reference to a shift of power to the Council, and he is glad to see that the Mounds View Council are independent thinkers that work well together. B. Reports of Staff Interim Administrator Ericson indicated that the Airports Advisory Commission is in need of renewal or reappointment of two members from Mounds View. Both David Jahnke and Barbara Haake are willing to continue on if Council would like to recommend reappointment. Staff will provide a Resolution for approval at the next meeting. Council agreed. Interim Administrator Ericson reported on workforce housing, and noted that there is a developer who is looking at Mounds View. This is also called affordable rental housing. The City currently does not have this type of property available, and the developer was looking at the Mounds View City Council January 28, 2008 Regular Meeting Page 14 Roberts site and the Skyline Motel. Staff has advised them of the potential impediments to those locations. C. Reports of City Attorney Attorney Riggs handed out information regarding a follow up to the nuisance smoke and wood burning stove issue. He then reviewed his memo with the Council and suggested this be discussed further at a work session. Council asked that this be added to the March work session. Attorney Riggs indicated he received a letter from Clear Channel requesting an opportunity to. personally address the Council regarding dynamic display billboards. He then said that Clear Channel wants to address the Council personally, before submitting a request in writing. Attorney Riggs indicated that he told Clear Channel to appear before Council at an upcoming Council Meeting. Mayor Marty said that he would like to have a brief discussion at a work session before meeting with Clear Channel. 12. Next Council Work Session: Next Council Meeting: Monday, February 4, 2008, at 7 p.m. Monday, February 11, 2008, at 7 p.m. 13. ADJOURNMENT The meeting was adjourned at 10:08 p.m. Transcribed by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. •