Loading...
HomeMy WebLinkAboutAgenda Packets - 2015/09/14CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 14, 2015 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. Resolution 8445 Authorizing Certification of the Preliminary General Fund Budget and Preliminary Property Tax Levy for Fiscal Year 2016 B. Second Reading and Adoption of Ordinance 908, an Ordinance Amending Chapter 701 of the Municipal Code to Allow for the Keeping of Honeybees in Certain Residential Zoning Districts (ROLL CALL VOTE) C. Resolution 8455 Accepting Donation from Bethlehem Baptist Church and Authorizing Distribution of Funds D. Resolution 8453 Approving the Public Works Facility Space Needs Study Request for Proposals E. Resolution 8454, Approving a Limited Use Agreement and an Assignment of a Limited Use Agreement for 8160 Red Oak Court 8. CONSENT AGENDA A. Set a Public Hearing for 7:00 pm, Monday, September 28, 2015, to Consider a Residential Kennel License for Courtney and Chris Hansen, located at 2364 Laport Drive B. Set a Public Hearing for 7:00 pm, Monday, September 28, 2015, to Consider to Consider a Transfer of Ownership for an Off-Sale Intoxicating Liquor License from Menbe, Inc. (doing business as ABC Liquor) to M.D. Liquors, located at 2840 County Road 10 C. Set a Public Hearing for 7:00 pm Monday, October 12, 2015 to Consider Special Assessments for Delinquent Utility Charges D. Set a Public Hearing for 7:00 pm Monday, October 12, 2015 to Consider Special Assessments for Unpaid City Charges, Administrative Offense Charges, and Diseased Tree Charges 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - NONE 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, October 5, 2015, at 7 p.m. Next Council Meeting: Monday, September 28, 2015, at 7 p.m. 13. ADJOURNMENT Item No: 7.A. Meeting Date: September 14, 2015 Type of Business: Council Business City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8445 Authorizing Certification of the Preliminary General Fund Budget and Preliminary Property Tax Levy for Fiscal Year 2016 State law requires that the City certify a preliminary General Fund Budget and preliminary property tax levy to Ramsey Co unty by September 30. The City Council reviewed the General Fund budget at the July and September work sessions and will review the budget again before final approval in December. The City Council is considering a levy increase of 1.0%. The Charter limits the levy increase to 1% which is inflation plus 2%. (Inflation is negative 1%) Each 1% levy increase is an additional $43,503. The state has certified Local Government Aid (LGA) for 2016 at $666,792. Staff recommends that we budget for 90% of that amount. ($600,112) LGA is included in the General Fund budget and use of Assigned Fund balance of $250,000 is also included. Unassigned fund balance was $3,334,542 at December 31, 2014 and represents 51.4% of draft 2016 budgeted expenditures and transfers in. The Assigned Levy Reduction fund balance is $6,000,280 at 12-31-14 and will be approximately $5,810,280 at December 31, 2015. The base General Fund levy would be $3,706,549 and special levies for Fire Debt Service of $154,119, police personnel referendum of $194,000, PERA rate increase special levy of $39,145 for a total General Fund levy of $4,093,813. The base levy for the Street Improvement fund would be $300,000. The total of all base and special levies proposed is $4,393,813, a 1% ($43,503) increase over 2015. Once this amount is set, the levy cannot be increased but can be lowered. The final levy will be adopted on or about December 14, 2015 along with the General Fund budget and the other City funds budgets. The draft General Fund budget for preliminary approval is $6,493,326. This amount is subject to change as the Council gets additional information but should not change significantly before final adoption. Respectfully submitted, ___________________________ Mark Beer, Finance Director RESOLUTION NO. 8445 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Authorizing Certification of the Preliminary General Fund Budget and Preliminary Property Tax Levy for Fiscal Year 2016 WHEREAS, current state statute requires cities to certify a preliminary budget and tax levy to the county auditor; and, WHEREAS, guidelines established by the Commissioner of Revenue require certification to occur on or before September 30, 2015; and WHEREAS, the Department of Revenue has certified the amount of Local Government Aid payable to the City in 2016; and WHEREAS, the City Council has elected to have a preliminary levy increase of 1%. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the preliminary expenditure budget for the General Fund for fiscal year 2016 is $6,493,326. BE IT FURTHER RESOLVED that the proposed 2016 base property tax levy is $4,006,549. (General Fund $3,706,549 and Street Improvement Fund $300,000) and the proposed 2016 special levies are $387,264 for a total net property tax levy of $4,393,813. BE IT FURTHER RESOLVED that the Finance Director shall certify these amounts to the Ramsey County Auditor. Adopted this 14th Day of September 2015. ______________________________ Joe Flaherty, Mayor (ATTEST) ______________________________ Jim Ericson, Administrator (SEAL) 09/09/2015 4:14 PM City of Mounds View 2016 Budget Summary Y-T-D 2012 2013 2014 2015 08/31/2015 2016 Change from 2015 General Fund:Actual Actual Actual Budget Actual Request Dollar Percent Revenues: Property taxes - Base levy 3,355,230 3,328,796 3,363,602 3,665,826 2,075,714 3,706,549 40,723 1.11% Special tax levies, Bonds 93,734 144,627 156,348 158,339 - 154,119 (4,220) -2.67% Special tax levies, Operations 229,145 220,145 217,145 226,145 - 233,145 7,000 3.10% Franchise tax 219,581 259,070 336,711 255,000 192,035 265,000 10,000 3.92% Other taxes 204,492 190,180 109,002 30,000 39,840 29,000 (1,000) -3.33% Hotel/motel tax 54,088 60,364 66,367 56,000 40,229 64,000 8,000 14.29% Licenses and permits 162,954 210,773 246,969 176,842 125,113 175,222 (1,620) -0.92% Intergovernmental 587,641 642,900 941,697 948,027 510,177 944,483 (3,544) -0.37% Charges for services 27,856 24,141 14,933 19,215 11,366 16,815 (2,400) -12.49% Fines & forfeitures 52,054 40,754 40,239 41,000 20,619 40,000 (1,000) -2.44% Interest 116,056 (315,747) 521,224 125,000 (3,535) 125,000 - 0.00% Miscellaneous 308,678 385,794 355,678 256,345 265,729 268,844 12,499 4.88% Transfers: Water Fund 65,410 67,372 69,393 71,475 - 73,619 2,144 3.00% Sewer Fund 51,807 53,361 54,962 56,611 - 58,309 1,698 3.00% Storm Water Fund 6,756 6,959 7,168 7,383 - 7,604 221 2.99% Street Light Fund 2,320 2,390 2,462 2,536 - 2,612 76 3.00% Vehicle & Equipment Fund 11,340 23,736 38,316 21,000 - 22,000 1,000 4.76% Street Improvement - - - - - - - 0.00% Total revenues 5,549,142 5,345,615 6,542,216 6,116,744 3,277,287 6,186,321 69,577 1.14% Expenditures: Legislative Services: City Council 43,857 42,644 46,030 53,153 33,543 51,555 (1,598) -3.01% Advisory Commissions 7,600 8,117 14,315 15,100 1,437 15,100 - 0.00% Subtotal 51,457 50,761 60,345 68,253 34,980 66,655 (1,598) -2.34% Administrative Services: City Administrator 228,701 233,463 231,848 276,630 169,825 282,743 6,113 2.21% Elections 38,205 19,955 20,053 59,200 10,684 25,700 (33,500) -56.59% Finance 238,066 215,857 232,173 245,969 157,841 258,042 12,073 4.91% Central Services 176,248 200,970 207,551 235,844 120,402 242,986 7,142 3.03% Subtotal 681,220 670,245 691,625 817,643 458,752 809,471 (8,172) -1.00% Community Development 310,907 323,696 341,593 373,133 222,642 388,444 15,311 4.10% Police 2,407,178 2,493,219 2,481,263 2,761,401 1,718,455 2,745,921 (15,480) -0.56% Fire 448,980 441,466 511,231 565,618 480,414 588,477 22,859 4.04% Public Works Administration 124,505 129,700 141,537 142,129 66,010 139,005 (3,124) -2.20% Parks, Recreation & Forestry: Recreation 95,432 101,502 99,589 112,600 60,640 115,350 2,750 2.44% Parks 319,774 313,627 313,684 319,170 209,678 343,781 24,611 7.71% Forestry 53,757 3,744 17,379 87,257 5,542 67,878 (19,379) -22.21% Subtotal 468,963 418,873 430,652 519,027 275,860 527,009 7,982 1.54% Fleet Services: Building & Grounds Mtnce 131,736 137,025 126,707 142,792 89,245 143,258 466 0.33% Vehicle & Equipment Mtnce 93,798 89,806 116,011 113,379 62,725 115,404 2,025 1.79% Subtotal 225,534 226,831 242,718 256,171 151,970 258,662 2,491 0.97% Streets: Pavement Management 197,578 188,102 205,624 228,476 134,918 229,060 584 0.26% Snow & Ice Control 115,928 142,794 196,155 149,469 77,738 140,455 (9,014) -6.03% Sign Maintenance 35,356 38,861 37,342 65,424 21,846 67,084 1,660 2.54% Subtotal 348,862 369,757 439,121 443,369 234,502 436,599 (6,770) -1.53% Other Convention & Visitor's Bureau 51,384 57,346 63,049 53,200 38,217 60,800 7,600 14.29% Social Service Coordination 19,221 19,548 19,763 20,178 20,178 20,783 605 3.00% Miscellaneous/contingency 3,176 4,877 4,926 6,500 3,628 6,500 - 0.00% Transfers to other funds 245,000 235,000 1,090,000 340,122 - 445,000 104,878 30.84% Debt service - - - - 12,161 - - 0.00% Subtotal 318,781 316,771 1,177,738 420,000 74,184 533,083 113,083 26.92% Total expenditures 5,386,387 5,441,319 6,517,823 6,366,744 3,717,769 6,493,326 126,582 1.99% Net change in fund balance 162,755 (95,704) 24,393 (250,000) (440,482) (307,005) (57,005) Beginning Fund Balance 9,493,378 9,656,133 9,560,429 9,584,822 9,584,822 9,334,822 Ending Fund Balance 9,656,133 9,560,429 9,584,822 9,334,822 9,144,340 9,027,817 (57,005) Item No: 7B Meeting Date: September 14, 2015 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 908, an Ordinance Amending Chapter 701 of the Mounds View Municipal Code to Permit the Keeping of Honeybees in Certain Residential Districts (ROLL CALL VOTE) Introduction: At the June and July work sessions, the Council discussed the possibility of amending the City Code to allow backyard beekeeping. Residents and beekeeping experts from the University of MN and Century College have attended the meetings, encouraging the Council to amend the Code to remove “honeybees” from the list of prohibited farm animals, as was done recently for chickens. At the August work session, the Council reviewed a draft version of the attached ordinance and directed staff to schedule the public hearing. The public hearing and first reading was held on August 24, 2015. Background: A growing number of cities in the Twin Cities metropolitan area, including St. Paul and Minneapolis, allow backyard beekeeping, often in conjunction with a permit or license. Other cities have become “bee friendly” as more attention is being paid to the perils associated with colony collapse disorder and the impacts to pollination as bee populations decline. Supporters of backyard beekeeping point out that honey bees are often confused with more aggressive hornets or wasps. Beekeepers raise bees primarily as a means to enjoy a fresh and organic supply of honey. Opponents of backyard beekeeping, similar to opponents of backyard chickens, often suggest that beehives do not belong in a residential neighborhood, but rather at farms or agriculturally zoned lands. In addition, residents may have serious allergies such that placement of backyard hives nearby may pose an unacceptable risk to them. Discussion: At the public hearing on August 24, 2015, the City Council heard testimony from residents in support of the proposed amendments. After discussing the proposed limitation on the number of hives per property, the City Council directed staff to amend the ordinance to allow for four hives regardless of the size of the lot. The increased allowance of hives would then accommodate beekeepers who wish to maintain two “nucleus” hives in addition to their two primary hives, or four hives without nucleus hives. (Refer to the attached documentation relating to “Nucleus Hives”.) Ord 908 Report September 14, 2015 Page 2 In addition to the change in the number of hives, three other revisions are included in the second reading draft: • In Subd. 1b(1), language regarding renewals was deleted since staff had recommended a one-time permit without renewal. • In Subd. 1b(3), language was added to require a ten foot setback from the subject home. This was addressed in the staff report but had been omitted from the ordinance. • In Subd. 1b(7), language was revised from one-year permit to a perpetual license, although the license would expire due to lapse of use for a period exceeding two years or transfer of property ownership. The proposed revised requirements are as follows: • No more than four hives per property • Hives shall be set back 10 feet from a property line and from dwellings • Hives shall be set back 25 feet from any public trail or walkway • Hives shall be located only in backyards, openings facing inwards to property • Water source shall be provided, best management practices observed • License and demonstrate proof of training required • License can be revoked/denied by the Council in case of nuisance or negligence License Fee: Also to be discussed subsequent to the second reading and adoption of Ordinance 908 on September 14th is the proposed license fee. Staff is recommending a one-time registration and license fee of $50. The license would be perpetual unless expiration occurs via lapse of use or property transfer. Recommendation: Staff recommends the City Council consider the second reading and adoption of Ordinance 908, an ordinance that would amend the City Code to allow for the keeping of honeybees in backyards within certain residential districts. Upon adoption of Ordinance 908, staff would further recommend the City Council, by motion, approve the fee for the Beekeeping License. Respectfully submitted, ________________________ James Ericson City Administrator Attachments: 1. Nucleus Hive information 2. Ordinance 908 Nucleus Hives Nucs, or Nucleus Colonies, are small honey bee colonies created from larger colonies. The term refers both to the smaller size box and the colony of honeybees within it. The name is derived from the fact that a nuc hive is centered around a queen - the nucleus of the honey bee colony. A nuc hive has all the features of a standard 10 frame Langstroth hive except with a reduced width. The link shows a United States Department of Agriculture USDA lay out for building a nuc. Nucleus Creation The nuc box, also called a nuc, is a smaller version of a normal beehive, designed to hold fewer frames. The nuc box is smaller because it is intended to contain a smaller number of honeybees, and a smaller space makes it easier for the bees to control the temperature and humidity of the colony, which is vital for brood rearing. When using a Langstroth hive, a nuc is created by pulling two to five frames from an existing colony. These frames and the nurse bees clinging to them form the basis for the nuc colony. A nuc may or may not be given a queen at the time it is created. If the nuc does not contain a queen or queen-cell, but does contain eggs, the workers will create a new queen from one of the eggs. If the nuc is to be given a new queen, the queen will be introduced to the colony in her queen cage either at the time the nuc is split from the main colony, or after a period of queenlessness that increases the likelihood that the new queen will be accepted. Nucs are often used to prevent swarming in a larger colony, by removing frames with queen-cells from a larger colony and using them to provide the basis for a new colony. The removal of queen cells and reduction in population in the donor colony diminish the urge to swarm. This procedure may also be called a walk-away split. Care and Feeding A nuc is extremely vulnerable, as it possesses in some cases less than a tenth of the workers in a normal colony. Nucs are almost always fed using a boardman feeder or frame feeder. Feeding allows the worker bees to remain in the nuc, acting as nurse bees for developing brood. Because of their small population, Nucs are vulnerable to robbing, in which a stronger hive steals all the nectar, honey, or syrup from a weaker hive. The bees from a robbing hive will kill any bees that defend the nuc. Robbing can lead to starvation in days. Uses A nucleus colony can be used to prevent overcrowding in a larger, healthy colony by splitting some of the population off to a new colony. A nuc can also be used to care for spare queens. The loss of a queen in a large colony can set the colony back by up to a month. A nucleus colony can be combined with the larger colony to re-queen it with a much smaller break in brood rearing. A nuc can also grow into a full sized colony, given proper time, favorable weather, and appropriate resources. The terms 'nuc' and 'split' are not strictly interchangeable. While a nuc may have a number of different uses, a split more often refers to dividing a colony for the purposes of growing the removed bees back to a full sized colony. Nucleus Hive Info Page 2 A nuc is not normally intended for overwintering, as nuc colonies do not possess a large enough winter cluster to survive winter in harsher climates. Beekeepers often combine nucs together in the fall to produce a single, strong colony. This results in the loss of all but one queen, but provides a colony capable of surviving winter. In warm climates, nucs can overwinter. Nucs can also survive winter indoors, or in an observation hive. Mating Nucs Mating nucs are a special type of nuc that may be even smaller than nucs that use standard size frames. These tiny nucs are sometimes called mini-mating nucs. Mating nucs are used in a queen mating yard. A capped queen cell is put into a mating nuc together with a sufficient number of attendant worker bees. When the virgin queen emerges and matures (a process that takes around five to seven days from the point at which she emerges), she flies out and mates with up to 20 drones before returning to the mating nuc. When mating is successful a nice brood pattern can be seen on the frames of the mating nuc. Successfully mated queens are caged and shipped to be used as production queens by beekeepers. Queen breeders raise thousands of queens in this fashion. ORDINANCE 908 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 701 OF THE MOUNDS VIEW CITY CODE TO ADD PROVISIONS FOR THE KEEPING AND RAISING OF HONEY BEES IN CERTAIN RESIDENTIAL DISTRICTS The City of Mounds View ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Title 700, Chapter 701, of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: 701.06: RAISING/KEEPING DOMESTIC OR FARM ANIMALS: Subd. 1. Nuisance Declared: It is hereby declared to be unlawful and a public nuisance affecting the public peace, safety, and welfare for an owner or resident within the City to keep or raise any farm animal unless the animal is currently being kept or raised on the date of the enactment of the ordinance, except as noted below. b. Residents on properties zoned R-1, Single Family Residential, may be permitted to keep and raise honeybees under the following conditions and restrictions: (1) Residents seeking approval to keep and raise honeybees shall submit an application, application fee and site plan. Applications shall be considered by the City Council which shall hold a public hearing on the matter. Renewals may be approved administratively unless the City has received substantiated complaints or related violations have been noted during the previous year. (2) Applicants for a beekeeping license shall provide proof of applicable training or provide a waiver indicating how required experience has been obtained. (3) Hives shall only be located in rear yards and be set back at least ten (10) feet from property lines and subject home, and at least twenty-five (25) feet from any public trail or walkway. No more than four (4) hives shall be permitted. Hive openings shall face in toward subject property’s backyard. (4) A clean water source shall be provided on the subject property. (5) A beekeeper may receive temporary allowance for an additional hive in the event a swarm is collected and until a new home is found for the colony. In no event shall temporary allowance exceed six (6) months. Ordinance 908 Page 2 (6) Equipment shall be maintained in good condition in accordance with accepted best management practices. Unused beekeeping equipment shall be properly disposed of or stored indoors. (7) Licenses are valid indefinitely so long as the hives are operated continuously. License may be revoked or denied by the City Council based on negligence or nuisance. In such event, the property owner shall be provided with an opportunity to be heard. Licenses shall expire upon lapse in use for a period exceeding two years or upon a transfer of property ownership. SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On September 14, 2015, the City Council adopted Ordinance 908 that amends Chapter 701 of Mounds View Municipal Code to provide for limited and controlled raising and keeping of Honeybees on single family residential properties. Residents would be limited to no more than four hives. Hives would need to be located in rear yards only. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING: August 24, 2015 SECOND READING AND ADOPTION: September 14, 2015 PUBLICATION DATE: September 25, 2015 _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (seal) Item No: 07C Meeting Date: September 14, 2015 Type of Business: Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Resolution 8455 Accepting a Donation from Bethlehem Baptist Church in the Amount of $15,542.50 and Authorizing Distribution of Funds Introduction: Bethlehem Baptist Church purchased the building located at 5151 Program Avenue in 2004 and received City zoning approval to renovate the former office / warehouse space for church usage. At the same time, the Church expressed its desire to sponsor and support worthy community endeavors and created the “Mounds View Service Project Fund” pledging annual donations totaling $25,000. They envisioned the fund to be used to help meet certain community needs jointly identified by the city and the Church that would be “in harmony” with their mission and values. Discussion: Representatives from the City, the Community Center and the Park & Rec Commission have discussed potential funding opportunities for the second half 2015 service project fund donation which totals $15,542.50. A number of programs and improvements which had been reviewed by the representatives were highlighted for Bethlehem’s consideration. The Church’s Pastor for Outreach, Vince Johnson, responded with a letter dated September 2, 2015, recommending the following disbursement schedule: • Silver View Park Restroom Amenities $4,000.00 • YMCA/MVCC Safe Afterschool Programs for Youth $2,500.00 • Festival in the Park $1,500.00 • Community Resource Center for Homelessness $3,000.00 • Splash Pad Amenities $5,542.50 Recommendation: Attached for your consideration is Resolution 8455, a resolution which accepts the donation from Bethlehem Baptist Church in the amount of $15,542.50 and authorizes the distribution of the donations according to the Church’s recommendations. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 8455 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING A DONATION FROM BETHLEHEM BAPTIST CHURCH IN THE AMOUNT OF $15,542.50 AND AUTHORIZING DISTRIBUTION OF FUNDS WHEREAS, since its establishment in Mounds View in 2004, Bethlehem Baptist Church has generously supported activities that have benefited the residents of Mounds View; and WHEREAS, Bethlehem Baptist Church would like to continue that support by making a contribution to the City of Mounds View of $15,542.50 to support the following programs and activities: • Silver View Park Restroom Amenities $4,000.00 • YMCA/MVCC Safe Afterschool Programs for Youth $2,500.00 • Festival in the Park $1,500.00 • Community Resource Center for Homelessness $3,000.00 • Splash Pad Amenities $5,542.50 NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council gratefully acknowledges and accepts the donation of $15,542.50 from Bethlehem Baptist Church, authorizes the distribution of the funds as directed herein, and approves the amendment of the 2015 Budget as may be necessary. Adopted this 14th day of September, 2015 _____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) 2401 COUNTY ROAD 10  MOUNDS VIEW, MN 55112 (763) 717-4050  FAX (763) 717-4019 www.ci.mounds-view.mn.us/publicworks * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * SPACE NEEDS STUDY REQUEST FOR PROPOSALS * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I. INTRODUCTION: The City of Mounds View is located in Ramsey County on the north side of the Twin Cities metropolitan area. Located at the junction of I-35W and State Highway 10, Mounds View is the home of over 150 businesses and is just 10 miles from Minneapolis and St. Paul. With a population of 12,155 and a land area of just over 4 square miles, it is known for its large residential lots. Mounds View’s existing Public Works Facility was constructed in 1964 and expanded in 1987. Since that time, the necessary Public Works equipment fleet (i.e. snow plows, pickups and lawn mowers) has expanded. In addition, today’s equipment tends to be larger in size than equipment from previous years. As a result the existing facility is severely undersized, and in need of replacement. II. OBJECTIVES: The goal of the space needs analysis is to review the existing Public Works Facility, the Cold Storage Building and the Road Salt Storage Building along with the existing equipment fleet and establish the necessary square footage to allow for appropriate circulation of equipment and personnel. The resulting report shall lay out the space required for storage, administrative, support (i.e. locker room, lunch room, training/conference room), equipment maintenance and general garage. Mechanical and electrical shall also be included to insure sufficient space is available for building systems. In addition, a budgeting estimate for facility construction shall be prepared. III. PROJECT SCOPE: Task 1.0 – Review existing facilities/fleet. The selected consultant shall review the existing facilities to establish the necessary storage requirements. Staff will provide the consultant with a list of equipment to be transferred to the new facility. As a general guideline the consultant shall assume all fleet assets will be staged in the new facility. Task 2.0 – Using industry planning standards, along with the information gathered in Task 1.0, the consultant shall prepare a draft space needs/budgeting document which provides sufficient space for the immediate needs of the department. Consultant shall be prepared to provide a future planning factor which could reasonably be expected to allow for future expansion. Task 3.0 – Review draft document with the PW staff to finalize the space needs/budgeting document as presented in Task 2.0. Staff will present this information to the City Council for review and discussion, consultant may be requested to attend this meeting. Task 4.0 – Finalize the space needs/budgeting document. Upon incorporating feedback regarding the draft space needs analysis the consultant shall finalize the report and provide 2 hard copies and 1 electronic copy. IV. DEPARTMENT CONTACTS: Respondents who have questions may contact the persons below prior September 30, 2015: Brian Erickson, P.E. Public Works Director/City Engineer 2401 County Road 10 Mounds View, MN 55112 763-717-4501 brian.erickson@ci.mounds-view.mn.us Don Peterson Public Works Supervisor 2401 County Road 10 Mounds View, MN 55112 763-717-4053 don.peterson@ci.mounds-view.mn.us V. SUBMITTAL INFORMATION: All proposals shall be sent to: Brian Erickson, P.E. Public Works Director/City Engineer 2401 County Road 10 Mounds View, MN 55112 Proposals shall be submitted prior to 2:00 P.M. (CDT), September 30, 2015. Electronic submission is acceptable; however proposals shall be submitted in portable document format (i.e. .pdf), and be no larger than 15 pages in length. VI. TENTATIVE PROJECT SCHEDULE: September 14, 2015 – City Council approves the Request for Proposals (RPF) for the Space Study. September 15, 2015 – Staff forwards the RFP to selected consultants. September 30, 2015 – Consultants return RFP to the City. Staff reviews and will make a recommendation for award. October 12, 2015 – City Council approves selected consultant for award. October 19, 2015 – Kick off meeting with consultant. December 7, 2015 – Draft study presented to City Council for comment. December 14, 2015 – Final study presented to City Council for approval. VII. PROPOSAL CONTENTS: Respondents shall limit their proposals to no more than 15 pages (single sided). Additional pages may be added; however, staff may or may not review this information based on workload at the time. As a minimum proposals shall contain: 1. Restatement of the project goals, insuring that consultant thoroughly understands the project. 2. Experience performing similar sized studies. 3. Work plan for completing the study. 4. Staff to be assigned to the project including experience, training and work biography. 5. Name, address and contact information for 3 references where similar study work has been completed. 6. Proposed project schedule. VIII. EVALUATION: Proposals will be evaluated based on the following: 1. Understanding of the project. 2. Experience in completing similarly sized projects. 3. Work plan for completing the study. 4. Qualifications/experience of personnel involved in the project. 5. References. 6. Cost of services. IX. SELECTION: Selection of a consultant for this project will be based on the criteria noted above. Upon initial ranking of the respondent’s proposals, City will enter into negotiations with the selected consultant to finalize the work plan. Should the City and the selected Consultant fail to satisfactorily reach agreement as to the work plan including budget, the City may enter into negotiations with the respondent judged second in the evaluation process. Item No. 07D Meeting Date: September 14, 2015 Type of Business: CB City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Brian Erickson, P.E., Public Works Director/City Engineer Item Title/Subject: Resolution 8453, Approving Public Works Facility Space Needs Study Request for Proposals Introduction The existing Public Works facility was constructed in the early 1960’s and expanded in the late 1980’s. This facility, although functional, is significantly undersized for the existing fleet and staff that work out of this building. Some examples include an undersized maintenance bay, a wash rack cannot be closed during washing operations, and a garage space that is barely large enough to contain the existing fleet. As an example the jet-vac is blocked such that a minimum of 3 other pieces of equipment need to be moved in order to remove it from the building. This delays timely response in the event of an emergency. Discussion As a result, the current Capital Improvement Program (CIP) contains an item for ‘Demo./Const. New Public Works Maint. Facility.’ The design phase is scheduled to begin in 2016, with construction scheduled in 2017. One of the keys to an economically successful design is being able to clearly delineate the size of the facility to be constructed. By performing a space needs study prior retaining a designer; the City of Mounds View will also have a better idea of size and cost for the construction of a new facility. The attached Request for Proposals (RFP) presents a list of tasks that should be accomplished as part of this study. These tasks include: • Task 1 – Review existing facility and fleet. • Task 2 – Prepare a draft study which includes a moderate future planning factor. • Task 3 – Review the draft study with staff. The draft study will be presented at a City Council work session. • Task 4 – Finalize the study and provide final copies to the City. Should City Council decide to approve the RFP, the Public Works Director will forward the proposals to a number of selected consultants. Upon receipt of the proposals, staff will rank them and make a recommendation to the City Council for award. As part of the recommendation Staff will return with a resolution recommending award and amending the budget to fund this work. At this point in time, it is anticipated that the Special Projects fund will be used to complete this project. There is sufficient fund balance to cover this expenditure. A rough schedule for this project has been drafted and is shown below. September 14, 2015 – City Council approves the Request for Proposals (RPF) for the Space Study. September 15, 2015 – Staff forwards the RFP to selected consultants. September 30, 2015 – Consultants return RFP to the City. Staff reviews and makes a recommendation for award. October 12, 2015 – City Council approves consultant for award. October 19, 2015 – Kick off meeting with consultant. December 7, 2015 – Draft study presented to City Council for comment. December 14, 2015 – Final study presented to City Council for approval. Staff is recommending that the City Council approve the attached resolution approving the RFP and direct the Public Works Director to forward this RFP to a minimum of three consultants. Respectfully Submitted, Brian Erickson, P.E. Attachment: Request for Proposals – Space Needs Study RESOLUTION NO. 8453 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING PUBLIC WORKS FACILITY SPACE NEEDS STUDY REQUEST FOR PROPOSALS WHEREAS, the City of Mounds View’s Public Works Facility was constructed in the early 1960s, and; WHEREAS, the facility is currently undersized for the existing equipment and fleet, and; WHEREAS, the Capital Improvement Program contains a project to replace the Public Works Facility, and; WHEREAS, the actual facility space need is not currently quantified. NOW, THEREFORE, BE IT RESOLVED by City Council of the City of Mounds View, Ramsey County, Minnesota that the City of Mounds View that: 1. The Public Works Facility Space Needs Study Request for Proposals is approved. 2. The Public Works Director shall forward the Request for Proposals to at least three consultants in order to obtain proposals for this work. Adopted this 14th day of September, 2015 Joe Flaherty, Mayor ATTEST: (SEAL) James Ericson, City Administrator Item No: 7E Meeting Date: September 14, 2015 Type of Business: Council Business Administrator Review : __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 8454, Approving a Limited Use Agreement and an Assignment of Limited Use Agreement for 8160 Red Oak Court Discussion: The property owners of 8160 Red Oak Court, Gary and Margaret Krig, built an in-ground swimming pool in their back yard in 1989. About half of the backyard of this property is covered by a drainage and utility easement. The owners asked if the City would either vacate part of the easement or give permission to place the pool in the easement area. Since this easement area is designated for overflow from a retention pond for this cul-de- sac, the City opted for an Easement Use Agreement between the City and the Krigs. The Krigs are now selling the property, so the Easement Agreement needs to be reassigned to the new owners and an agreement between the City and the new owners signed. The City Attorney has drafted new Limited Use Agreement documents. The title company will coordinate the Krigs and new owners signing the documents and recording them with Ramsey County. This process will need to occur every time the property is sold, or until the pool is removed. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. 1989 Memo to City Council 2. 1989 Easement Use Agreement 3. Resolution 8454 a. 2015 Limited Use Agreement b. 2015 Assignment of Limited Use Agreement 1989 Memo to City Council 1989 Easement Use Agreement RESOLUTION 8454 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE EXECUTION AND RECORDING OF A LIMITED USE AGREEMENT AND ASSIGNMENT OF A LIMITED USE AGREEMENT TO ALLOW FOR THE CONTINUATION OF AN IN-GROUND SWIMMING POOL IN A DRAINAGE AND UTILITY EASEMENT AT 8160 RED OAK COURT WHEREAS, Gary and Margaret Krig are the property owners of 8160 Red Oak Court; and, WHEREAS, the City authorized an Easement Use Agreement in 1989, allowing the construction of an in-ground swimming pool to be partially located in a drainage and utility easement on 8160 Red Oak Court with the property owners agreement to hold the City harmless for any damage that could occur to the pool due to stormwater; and, WHEREAS, the in-ground swimming pool located in the drainage and utility easement has been in that location for 25 years with no problems; and, WHEREAS, Gary and Margaret Krig are now selling the property and a new Assignment of Limited Use Agreement and Limited Use Agreement must be executed between the City and the new property owners and recorded with Ramsey County; and, WHEREAS, an Assignment of Limited Use Agreement and a Limited Use Agreement (attached as Exhibits 1 and 2) have been prepared to allow the continued use of an in-ground swimming pool in a drainage and utility easement at 8160 Red Oak Court. NOW THEREFORE BE IT RESOLVED, the Mounds View City Council does hereby approve an Assignment of Limited Use Agreement and a Limited Use Agreement to permit the continuation of an in-ground swimming pool on a drainage and utility easement at 8160 Red Oak Court and authorize its execution and recordation. Adopted this 14th day of September, 2015. _________________________________________ Joe Flaherty, Mayor ATTEST: _________________________________________ James Ericson, City Administrator (SEAL) 1 467428v3 SJR MU210-5 LIMITED USE AGREEMENT THIS LIMITED USE AGREEMENT (“Agreement”) made and entered into as of this ____ day of ____________, 2015, by and between Margaret Krig and Gary Krig, owners of the property located at 8160 Red Oak Court, Mounds View, MN 55112, PID 06.30.23.13.0065 (hereinafter referred to as "Grantees") and the City of Mounds View, a Minnesota municipal corporation (hereinafter referred to as "Grantor"). WITNESSETH: A. The Grantees are the fee owners of the property described in the attached Exhibit A (the “Property”). B. The parties entered into a previous written agreement allowing the Grantees to construct an in-ground swimming pool partially within a public drainage and utility easement (the “Easement Area”) affecting the Property. C. The Grantees require a limited use license to continue to use a portion of the existing Easement Area. D. The parties wish to supersede and replace the existing agreement with this Agreement. E. The portion of the Easement Area that the Grantees wish to continue using for the maintenance of the swimming pool is depicted in the attached Exhibit B (the “Subject Property”). THEREFORE, on the basis of the foregoing and upon the mutual undertakings and promises herein contained, the parties hereto stipulate and agree as follows: 1. Use of the Subject Property. Grantor warrants that it owns and has the right to grant a limited-use interest affecting the Subject Property. In consideration of the covenants and 2 467428v3 SJR MU210-5 agreements herein to be performed by Grantees and other good and valuable consideration, and subject to the limitations contained herein, the Grantor does hereby allow Grantees to continue using the Subject Property for maintaining an in-ground swimming pool and related infrastructure within the Easement Area. 2. Term and Extensions. The term of this Agreement commences on the date that this Agreement is executed by the parties and will remain valid until December 31, 2030, or such earlier date as provided for in this Agreement. At that time, this Agreement will continue on a month-to-month basis until terminated by one or both parties. The parties may amend this Agreement to extend the termination date at any time in the future, but no amendment shall be valid until executed by both parties and recorded against the property. 3. Termination During Term. This Agreement may be terminated prior to the expiration of the term set forth herein, as follows: a Any party may terminate this Agreement during its term by giving at least ninety (90) days advance written notice to the other party. b. Termination will be effective on the date specified in the notice, and if no date is specified, ninety (90) days following the mailing of notice. 4. Termination After Term. This Agreement will continue on a month-to-month basis following the term specified herein. During that time, one or both parties may terminate this Agreement by notifying the other, in writing, of the termination. Termination shall be effective thirty (30) days following the mailing of notice, unless the notice provides a specified date that is more than thirty (30) days after the date of mailing of the notice. 5. Termination Upon Removal. This Agreement shall be automatically terminated if the swimming pool is permanently removed from the Subject Property. 6. Restriction on Improvements. The Grantees agree that the current in-ground swimming pool improvement located within the Subject Property constitutes all improvements, both as to size and location, authorized by this Agreement. Specifically, Grantees agree not to construct or cause to be constructed any additional improvement that would prohibit the free flow of water within the Subject Property, and that Grantees further agree that no structure, other than a fence that allows for the free flow of water, will be constructed within the Easement Area. 7. Flood Acknowledgment. Grantees have been put on notice that the Subject Property is part of the Easement Area which creates a substantial likelihood that flooding may occur in or around this area. Such flooding or related activity carries a significant risk of causing irreparable damage to any improvements constructed and maintained in the 3 467428v3 SJR MU210-5 Easement Area. Grantees acknowledge and agree that maintaining any improvements within the Easement Area are at Grantees’ sole risk and expense, and the Grantor shall in no circumstance be held liable for damages caused directly or indirectly from the flooding of the Subject Property or the Easement Area. 8. Liability; Indemnification. Notwithstanding anything to the contrary in this Agreement, the Grantor, its officers, agents, and employees shall not be liable or responsible in any manner to the Grantees, Grantees’ successors or assigns, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance of this Agreement, nor will Grantees make any claim against the Grantor for or on account of any injury, loss or damage resulting from Grantees’ Property or use thereof. Grantees shall indemnify, hold harmless and defend the Grantor, its officials, employees, contractors and agents from and against any and all liability, loss, costs, damages, expenses, claims, actions or judgments, including reasonable attorneys’ fees which Grantor, its officers, employees, agents or contractors may hereinafter sustain, incur, or be required to pay, arising out of or by reason of any act or failure to act by Grantees, its officers, employees, agents or contractors or arising out of or by reason of this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, or otherwise. 9. Assignment. The rights granted to Grantees hereunder may not be transferred or assigned without the prior written consent of the Grantor. In the event of the sale of the property to another bona fide buyer, such consent shall not be unreasonably withheld. 10. No Damages; No Relocation Benefits. Grantees understand and acknowledge that Grantor is willing to enter into this Agreement and carry out its obligations hereunder only because Grantees have agreed that they will make no claim for damages upon termination of this Agreement or pursuant to any other agreement with the Grantor. 11. No Property Interest. This instrument is not an easement or a lease, creates no landlord- tenant relationship, and nothing in this Agreement will be deemed to create any property interest other than as expressed in this Agreement. 12. Notice. Any notice which is required under this Agreement will be deemed "given" upon hand delivery or three (3) days after prepaid posting in the U. S. Mail, whichever will first occur. Notices shall be delivered or mailed to, or to such other address as a party may designate by notice to the other party: 4 467428v3 SJR MU210-5 a. If to the Grantees: Margaret and Gary Krig 8160 Red Oak Court Mounds View, MN 55112 b. If to the Grantor: City of Mounds View 2401 County Road 10 Mounds View, MN, 55112 ATTN: City Administrator 13. Waiver. The waiver by Grantor or Grantees of any breach of any term of this Agreement shall not be deemed a waiver of any prior or subsequent breach of the same term or any other term of this Agreement. 14. Entire Agreement. This Agreement, together with any exhibits hereto, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may be modified or amended only by court order or by a writing executed by all the parties hereto under the provisions of this Agreement. 15. Headings. Any headings appearing at the beginning of the several sections contained in this Agreement have been inserted for identification and reference purposes only and shall not be used in the construction and interpretation of this Agreement. 16. Severability. If any part of this Agreement shall be held invalid, it shall not affect the validity of the remaining parts of this Agreement, provided that such invalidity does not materially prejudice either party under the remaining parts of this Agreement and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. 17. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 5 467428v3 SJR MU210-5 18. Public Data. This Agreement and the information related to it are subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13, which presumes that data collected and maintained by City is public data unless classified otherwise by law. 19. Relationship of Parties. Nothing contained in this Agreement shall be deemed to create a partnership or association between the Grantor and Grantees, or to create any other relationship between the parties other than that of Grantor and Grantees. 20. Compliance with Laws. Grantees agree to abide by and conform to all laws, rules, and regulations, including future amendments, controlling or affecting the use or occupancy of the Property. 21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. (The remainder of this page was intentionally left blank.) 6 467428v3 SJR MU210-5 IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the day and year first above written. GRANTEES MARGARET KRIG AND GARY KRIG ______________________________ Margaret Krig ______________________________ Gary Krig STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2015, by Margaret Krig and Gary Krig. Notary Public 7 467428v3 SJR MU210-5 GRANTOR CITY OF MOUNDS VIEW By: ____________________________________ Its: Mayor By: ____________________________________ Its: City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2015, by Joe Flaherty and James Ericson, the Mayor and City Administrator, respectively, on behalf of the City of Mounds View, a Minnesota municipal corporation. Notary Public THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJR) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 B-1 467428v3 SJR MU210-5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 8, Block 1, Red Oak Park, Ramsey County, Minnesota B-1 467428v3 SJR MU210-5 EXHIBIT B DEPICTION OF SUBJECT PROPERTY B-1 467428v3 SJR MU210-5 B-1 467428v3 SJR MU210-5 467548v2 AMB MU210-5 ASSIGNMENT OF LIMITED USE AGREEMENT THIS ASSIGNMENT OF LIMITED USE AGREEMENT (“Assignment”) is entered into this ____ day of _________, 2015, by and between Margaret Krig and Gary Krig (“Assignors”) and Jeremy J. Haugen and Laurie J. Haugen, (“Assignees”). WHEREAS, Assignors entered into a limited-use agreement (“Agreement”) with the City of Mounds View (“City”) on ______________, 2015 and recorded in the office of the Recorder/Registrar of Titles on ________________, 2015 as Document #______________; and WHEREAS, the City granted Assignors a limited right to maintain an in-ground swimming pool and related infrastructure within a utility and drainage easement held by the City; and WHEREAS, that Agreement allowed Assignors to assign their rights under the Agreement only with written approval from City; and WHEREAS, Assignors now desire to sell their property, including this Assignment to Assignees; and WHEREAS, the City approves this Assignment on the basis that Assignee accepts and acknowledges that it is bound by all terms and conditions contained in the original Agreement. NOW, THEREFORE, on the basis of the foregoing and upon the mutual undertakings and promises herein contained, the parties hereto stipulate and agree as follows: 1. Assignment. Assignors agree to assign all rights contained in the prior Agreement to the Assignee upon closing on the sale of the property legally described in Exhibit A attached hereto. 467548v2 AMB MU210-5 2. Acceptance of Terms. Assignee hereby agrees to accept all terms and conditions contained in the original Agreement, including the termination procedures, indemnity provisions, and release of claims. 3. City Approval. Assignors and Assignee acknowledge that the City has agreed to approve this Assignment solely on the basis that Assignee has acknowledged that he/she takes the Assignment subject to all provisions included in the Agreement. 4. Notice. Upon execution of this Assignment, any notice required to be given under the Agreement shall be deemed “given” upon hand delivery or three (3) days after prepaid posting in the U.S. Mail, whichever will first occur. Notices shall be delivered or mailed to the parties and addresses listed below, unless either party designates another address and provides that designation in writing. a. If to the Assignee: _________________ 8160 Red Oak Court Mounds View, MN 55112 b. If to the City: City of Mounds View 2401 County Road 10 Mounds View, MN, 55112 ATTN: City Administrator 5. Recording. Upon execution of this Assignment, Assignee shall record this Assignment in the office of the Ramsey County Recorder/Registrar of Titles. [Signature Pages Follow] 467548v2 AMB MU210-5 IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the day and year first above written. ASSIGNORS ______________________________ Margaret Krig ______________________________ Gary Krig STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2015, by Margaret Krig and Gary Krig, assignors. Notary Public 467548v2 AMB MU210-5 IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the day and year first above written. ASSIGNEES _______________________________ Jeremy J. Haugen _______________________________ Laurie J. Haugen STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2015, by Jeremy J. Haugen and Laurie J. Haugen, Assignees. Notary Public 467548v2 AMB MU210-5 IN TESTIMONY WHEREOF, the parties hereto have set their hands as of the day and year first above written. CITY OF MOUNDS VIEW By: ____________________________________ Its: Mayor By: ____________________________________ Its: City Administrator STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ____ day of _____________, 2015, by Joe Flaherty and James Ericson, the Mayor and City Administrator, respectively, on behalf of the City of Mounds View, a Minnesota municipal corporation. Notary Public THIS DOCUMENT DRAFTED BY: Kennedy & Graven, Chartered (SJR) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 467548v2 AMB MU210-5 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 8, Block 1, Red Oak Park, Ramsey County, Minnesota