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HomeMy WebLinkAboutAgenda Packets - 2012/10/22 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, October 22, 2012 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 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 A. Certificate of Appreciation – Eagle Scout Caleb Anderson (verbal report) B. Donation Presentation by the Mounds View Festival in the Park Committee (verbal report) 7. COUNCIL BUSINESS A. Water Bill Discussion 6942 Pleasant View Drive B. Resolution 8003, Authorizing a Step Wage Adjustment for Public Service Officer (PSO) Craig Swalchick C. Resolution 8004, Approving the PUD Agreement for the Coventry Senior Living Development D. Resolution 8005, Adopting a Special Assessment Levy for a Private Improvement at 5086 Silver Lake Road E. Resolution 8006, Approving a Non-Standard Street Design for Hillview Road in Area F of the Street and Utility Improvement Program F. Resolution 8007, Approving a Non-Standard Street Design for Edgewood Drive in Area F of the Street and Utility Improvement Program 8. CONSENT AGENDA 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. September 24, 2012, City Council Minutes City Council Agenda Monday, October 22, 2012 Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, November 5, 2012, at 7pm Next Council Meeting: TUESDAY, November 13, 2012, at 7pm 13. ADJOURNMENT Item No: 7.A. Meeting Date: October 22, 2012 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Water Bill Discussion Introduction: At the October 8, 2012 Council meeting, Becky Ness spoke during public input regarding an outstanding water bill for her property at 6942 Pleasant View Drive. She requested that the Council waive the remaining balance of $918.48 and not certify the amount to the property taxes. The Council wanted additional information and would discuss this at the next City Council meeting. Discussion: During the second quarter of 2003 the meter reader stopped transmitting readings. Estimated readings were used to calculate the utility bill. This continued until Public Works (PW) staff was allowed in to replace the meter reader on May 15, 2008. During this 5 year period (2003 – 2008) PW sent 5 letters requesting access to replace the meter reader. PW has no record of any response from the homeowner other than to the last letter. The actual reading obtained indicated an additional 957 units of water were used during the five year period. The additional charge was $1,413. The homeowner questioned this amount and PW staff conducted a meter test with the homeowner witnessing the test. The meter tested accurate and that report is included. The meter during this period continued to record the actual water use and only the meter reader malfunctioned by not sending that information. The City provided a number of financial breaks to the homeowner. The City did not charge the homeowner for the $50 meter test. The City agreed that the homeowner could make payments on the outstanding balance. The City did not charge interest or late fees. The City did not adjust the sewer charges which would have increased the outstanding amount. The homeowner made progress on reducing the outstanding balance until February of 2011 when the balance was $934.05. City staff included the outstanding amount as part of this year’s delinquent utility assessments because no progress has been made since February 2011. Recommendation: The City Council should review the attached information. The City Attorney has provided guidance as to how to proceed. The City Council would need to make a “Finding of Fact” and include that within a future resolution or affirm the charges in which case nothing additional would need to be done. Staff recommends that based on the meter test that the City Council find that the outstanding amount is affirmed and assessed to the property. Respectfully submitted, ________________________ Mark Beer Finance Director Item No: 07D Meeting Date: November 13, 2012 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8003 Authorizing a Step Wage Adjustment for Public Service Officer (PSO) Craig Swalchick Background: PSO Craig Swalchick is a current employee with the City of Mounds View. His supervisor, Police Chief Kinney, has reviewed his performance as it relates to his responsibilities outlined in the job description. Discussion: It was determined that PSO Craig Swalchick has satisfactorily performed in the capacity of his position, and therefore, a step wage adjustment is consistent with the Mounds View Personnel Manual. Recommendation: Staff recommends approving Resolution 8003, Approving a Step Wage Adjustment for PSO Craig Swalchick, consistent with the Mounds View Personnel Manual. Respectfully Submitted, ________________________ Desaree Crane RESOLUTION 8003 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A STEP WAGE ADJUSTMENT WHEREAS, the following below is a part-time regular employee who is currently working for the City of Mounds View; and WHEREAS, his supervisor has reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has satisfactorily performed in the capacity of his position documented in his performance review on file; and WHEREAS, this wage adjustment is consistent with the Mounds View Personnel Manual. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRE NT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Craig Swalchick PSO (3/4 Time) October 26, 2010 Step 3: $14.54/hr Step 4: $15.34/hr October 26, 2012 Adopted this 22nd day of October, 2012. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (seal) Item No:7C Meeting Date: October 22, 2012 Type of Business: Action City Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of Resolution 8004, Approving the PUD Agreement for the “Coventry Senior Living” Development; Planning Case MU2010-001 Introduction: Coventry Senior Living, represented by Greg Johnson, has received City approval for a 95-unit senior housing Planned Unit Development. The development will combine the three properties at 2320 and 2340 County Road 10, and 5260 O’Connell Drive into one 2.18 acre parcel. Residential developments for senior housing that are over two acres in size have the option to be a Planned Unit Development. The City creates PUD Agreements for all projects that are designated Planned Unit Developments in order to have a document that will give the specific requirements and allowances for the particular project since it may not exactly conform to typical zoning requirements. Discussion: On May 14, 2012, the City Council passed Resolution 7951, which re-approved the final plat and Developer’s Agreement for the Coventry Senior Living development. On August 27, 2012, the City Council also adopted Ordinance 848 to rezone three properties to PUD, Planned Unit Development, and Ordinance 858 to vacate drainage, utility and water main easements. The PUD Agreement is the last outstanding item for the City Council to review and act on for this project. A PUD Agreement is a document that is recorded with Ramsey County that is very specific to the requirements and allowances, such as allowed uses, setbacks, parking, building design, signage, landscaping, lighting, site maintenance, etc. Since a PUD project doesn’t typically fit with the zoning requirements for a similar zoning district, City staff and the developer and future owners will use this document to guide the future maintenance and needs of this site. Coventry Senior Living PUD Agreement October 22, 2012 Page 2 Alternatives: After hearing from staff, the Council may take one of the following actions related to the request: 1. Approve Resolution 8004 for the Planned Unit Development Agreement as requested. 2. Deny the Planned Unit Development agreement. The Council should direct staff to draft a resolution of denial with findings appropriate to support the denial. 3. Table the request. If the City Council needs more information before making a decision or if they more time for discussing this request, the Council can move to table the request until such information has been provided. Recommendations: Staff recommends that the Council approve Resolution 8004 that approves the Planned Unit Development Agreement for the Coventry Senior Living of Mounds View project. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Aerial View 2. Elevation drawing dated 10-2-2012 3. Site Plan dated 9-27-2012 4. Planned Unit Development Agreement 5. Resolution 8004 Aerial View Elevation Site Plan Coventry Senior Living of Mounds View Planned Unit Development Coventry Senior Living of Mounds View PUD Narrative Mounds View Planning Case MU2010-001 Page 1 Vicinity Map / PUD Area Coventry Senior Living of Mounds View Planned Unit Development Coventry Senior Living of Mounds View PUD Narrative Mounds View Planning Case MU2010-001 Page 2 1. PUD Legal Description (proposed) Coventry Senior Living of Mounds View, Lot 1, Block 1 2. Zoning: Residential Planned Unit Development – Senior Housing 3. Allowed Use: Senior Housing – Independent Living, Assisted Living, Memory Care, High Acuity Care 4. Site Data: Total Land Area 2.18 acres Building Footprint 32,892 square feet Pervious Surface Area 40,372 square feet - 42% Impervious Surface Area 54,712 square feet - 58% 5. Dimensional Requirements Building Setbacks: Front = 30 feet Rear = 20 feet Parking Lot Setbacks: 5 feet Building Height: 3 Stories Parking Requirements: (a) Independent living = 1 space per unit with half of the spaces enclosed (b) Assisted living = 0.5 spaces per unit (c) Nursing homes and memory care = 1 space for every 4 beds (d) Facility staff = 1 space for every employee on the largest shift The proposed project plans show a total of 52 constructed parking spaces – 26 open spaces and 26 in the underground garage. Per the PUD City Code, the Developer is required to provide a total of 62 spaces, with 9 of those spaces covered. There are 12 “proof of parking” spaces on the south end of the parking lot, by the garage entrance, making a total number of 64 spaces potentially available. The Developer may not be constructing these spaces with the building to allow more green space for pine trees that will be screening for the adjacent home. The City can require that the Developer or property owner construct some or all of the identified “proof of parking” spaces if the City determines that more parking spaces are needed. The Developer or property owner, upon written notice from the City, shall, within 90 days of said notice (weather permitting), construct some or all of the “proof of parking” stalls as may be required by the City. 6. PUD Review and Construction Process The Planned Unit Development process is designed to provide for the grouping of land parcels for development as an integrated coordinated unit as opposed to traditional parcel by parcel, piecemeal, sporadic and unplanned approach to development. This is intended to introduce flexibility of site design and architecture for the conservation of land and open space through clustering of buildings and activities through conditional use provisions. It is further intended that planned unit developments are to be characterized by central management, integrated planning and architecture, joint or common use of parking, maintenance of open space and other similar facilities and a harmonious selection and efficient distribution of uses. Coventry Senior Living of Mounds View Planned Unit Development Coventry Senior Living of Mounds View PUD Narrative Mounds View Planning Case MU2010-001 Page 3 Planned Unit Developments are approved in three stages: General Concept, Development Review, and Final. Chapter 1120 of the Mounds View Zoning Code pertaining to PUDs indicates that the general concept and development review stages may be combined at the discretion of the Developer. As allowed, the Developer of this PUD has chosen to combine the first two stages. • Combined General Concept / Development Review Stage The development stage plan includes a detailed site plan including a parking lot layout, dimensioned setbacks, sidewalks and trailways and deceleration lane on County Road 10; a detailed grading, drainage and utility plan; a landscape plan, a photometric analysis; building elevations and footprints; and other related site data. Approval of this planned unit development constitutes approval of the general concept plan and development review of the Coventry Senior Living of Mounds View PUD, in accordance with the approved development stage plans date- stamped October 2, 2012, the stipulations contained herein, those identified in Resolutions 7655 and 7951 and the Development Agreement. • Final Plan Before the City issues any building or grading permits, and before the clearance of the site vegetation, the Developer shall have obtained approval of the final plans date-stamped October 2, 2012 and construction drawings in accordance with Title 1000 and Chapter 1120 of the Mounds View Municipal Code and shall have executed a Development Agreement that further stipulates the requirements of this PUD. The Developer shall arrange to have the Development Agreement and City Council resolutions of approval recorded with Ramsey County. The City shall not issue building permits until such proof of recordation is provided to the Community Development Department. Approval of the final plan and construction drawings may be in phases as permitted by Chapter 1120 of the Municipal Code. • Construction The Developer shall obtain a building permit to construct the improvements within six (6) months of City Council approval of this PUD. In accordance with the approved Development Agreement, construction shall commence no later than thirty (30) days after the date the City issues the building permit and shall be completed no later than eighteen (18) months after the date of permit issuance. In the event of a “phased” construction schedule, each phase shall be subject to its own timeline based upon the date of issuance of the building permit. Unless the City grants an extension, failure of the Developer to obtain a building permit for the construction of the Improvements within six months of PUD approval shall automatically render the PUD void and Developer to be in default. In such case, the City Council may adopt a resolution repealing the PUD plan, and re-establishing the PUD plan shall require a new application, review and City approval. 7. Accessory Buildings; Outdoor Storage No accessory buildings shall be permitted in this PUD. No outdoor storage of any type other than the parking of resident, visitor and employee vehicles shall be permitted. Gazebos or other similar outdoor recreational structures are allowed. Coventry Senior Living of Mounds View Planned Unit Development Coventry Senior Living of Mounds View PUD Narrative Mounds View Planning Case MU2010-001 Page 4 8. Landscaping The area to be developed for this senior housing PUD includes little quality tree cover. According to the tree inventory dated September 27, 2012, all existing trees will be removed from the site for construction. The Developer shall address any problems with infectious tree diseases as directed by the City Forester or his/her designee. The landscaping plan date stamped August 4, 2010 showing species, numbers and sizes of all plant materials was approved by the City Council. Any proposed changes to this plan must be submitted in writing and approved by the City. During the lifetime of the PUD development, the Developer or owner shall maintain the landscaping through regular watering, mowing, mulching, feeding, weeding and pruning, and be responsible for the replacement of any dead or dying plant materials. If trees die due to natural causes, or must be cleared because of tree diseases, the Developer or owner shall be responsible for replacing them in accordance with Chapter 1127.04 Subd. 2 of the Mounds View Zoning Code. The Developer shall install an irrigation system for all landscaped areas and maintain any fencing installed for this PUD development. 9. Drainage and Wetlands A permit from Rice Creek Watershed District is required before the City issues any permits. All stormwater runoff for this project must be managed within the site. Three rain gardens are proposed, along with two underground infiltration chambers. The site grading must match in to the City’s existing infiltration features along O’Connell Drive without impacting the design of the existing feature. The Developer is responsible for ensuring that no water overflows onto any adjacent properties. A maintenance schedule and agreement must be approved by the City Engineer that outlines the frequency and extent of the maintenance of the underground storage systems. There are no wetlands on this property. The Property Owner is solely responsible for the on-going maintenance of the rain gardens and underground storage systems. 10. Lighting The developer has provided a lighting plan with the development stage plan, including the location of lighting standards and a detail of the photometrics for the site. The plan as shown meets the illumination requirements in City Code Chapter 1103.09 about glare, but must also meet the requirement that the source of light be hooded or controlled in some manner so as not to light adjacent properties. 11. Garbage and Recycling Dumpsters All containers and dumpsters for garbage, recyclables and other waste products shall be stored within the building. Dumpsters and dumpster enclosures are not allowed outside the building. 12. Site Maintenance, Snow Storage & Removal The Developer or owner shall be responsible for maintaining the landscaping, paving and other site improvements in high quality condition throughout the life of the development. The Developer or owner shall ensure that the lots are kept free from litter and debris at all times. During the winter months, snow shall be plowed from the parking lot and placed in areas designated for snow storage or shall be removed from the site. Snow shall not be stacked in the parking lot where it could result in reducing available parking. The owner shall maintain the site in a clean, attractive manner at all times. Coventry Senior Living of Mounds View Planned Unit Development Coventry Senior Living of Mounds View PUD Narrative Mounds View Planning Case MU2010-001 Page 5 13. Signage The site is allowed up to a maximum of 100 square feet of monument signage, excluding the monument base area. The monument shall be of a brick or masonry construction to match the building. The maximum height of the monument sign shall be 14 feet. In addition to the monument signage, the project can have up to 100 square feet of building mounted signage. 14. Architectural Character The building shall be of high-quality construction using brick and stone accents. The builder or contractor shall install the accent materials and siding effects on all exterior sides of the building. 15. Access; On-Site Circulation The final plans date-stamped October 2, 2012 indicate two County Road 10 accesses; a right-in and right-out. Ramsey County requires that the Developer place signs that clearly indicate the accesses as entrance-only and exit-only driveways, and place a stop sign at the exit-only driveway for traffic leaving the site. The Fire Marshal has reviewed and approved the on-site circulation and drive-aisle width, which is shown to be 24-feet. 16. Deceleration Lane The Developer shall mark a deceleration lane and reinforce the existing shoulder area of County Road 10 according to the specifications and requirements of Ramsey County. The Developer shall be responsible for obtaining the necessary permits from Ramsey County to work within the County Road 10 right of way. 17. Sidewalks & Trailways The Developer shall pay the City a County Road 10 Trail Fee of $8,260 in lieu of constructing a trail on the site. The City has future plans to construct a pedestrian trail along County Road 10 that will run across the County Road 10 frontage of this development. Where the future trailway crosses the development’s two County Road 10 access drives, the Developer shall coordinate with the City to provide curb cuts if necessary, shall stripe the pavement to indicate a pedestrian crossing, and shall install signage as may be appropriate. 18. Platting and Easements This PUD requires a replatting of the properties involved to create one parcel. This land subdivision shall meet the requirements of Title 1200 of the Mounds View City Code. This Title includes a requirement for the payment of park dedication fees based upon the 2010 fair market value of land to be developed. The fair market value will be based on the 2010 Ramsey County assessed market value of the land. The 2010 values are $253,700 for 2340 County Road 10 (existing car wash), $373,200 for the larger vacant lot and $66,100 for the small vacant lot. The total land value of the three lots in 2010 was $693,000. A ten percent park dedication fee would be $69,300. The plat, which is named Coventry Senior Living of Mounds View, shall dedicate a ten-foot drainage and utility easement around the perimeter of the lot, in addition to the 25-foot drainage and utility easement. The Developer shall record the approved plat with Ramsey County and provide the City with a reproducible Mylar copy of the plat. Coventry Senior Living of Mounds View Planned Unit Development Coventry Senior Living of Mounds View PUD Narrative Mounds View Planning Case MU2010-001 Page 6 19. Fire Protection A new hydrant, lead and gate valve are required to be located near the proposed north access to the site from County Road 10 or the north end of the parking lot. The entire building is required to have a fire sprinkler system. The design of the access points and placement of on-site fire hydrants shall be determined at the time of the final plan, and shall be approved by the Blaine- Spring Lake Park-Mounds View Fire Department. The requirements of the Fire Department and Fire Marshal shall be met before the issuance of any use and occupancy permits on the property. 20. Undergrounding of Utilities; Utility Design All existing utilities within the site boundaries and any additional utility lines installed in conjunction with this development shall be relocated and installed underground. Existing utilities shall be placed underground concurrent with the installation of new utilities. Development in this PUD shall connect to public water, sewer and storm sewer systems. The City Engineer and Director of Public Works shall review and approve the final utility plan before any grading or building permits can be issued for this development. All stormwater, street and utility improvements that serve the development will be privately owned and maintained with the exception of the City-owned water main that crosses the property. 21. Amendments In the event that changes are proposed to this document that do not alter the overall intent or design of the PUD, they shall be made in writing, approved and executed by all parties and attached as amendments to this PUD Narrative document. If, in the opinion of the City Administrator, changes are proposed that substantially deviate from the focus and scope of this approved PUD, the proposed amendment shall require City Council approval. 22. Developers Agreement The Developer shall execute a Developers Agreement, that specifies the on-site and off-site improvements to be constructed and shall require that the Developer guarantee such improvements through letter of credit or surety bond as approved by the City Administrator. The Developer shall have the Developers Agreement, this PUD document, all resolutions and ordinances associated with the Coventry Senior Living of Mounds View PUD recorded with Ramsey County and shall provide proof of such recordation to the City Administrator. Coventry Senior Living of Mounds View Planned Unit Development Coventry Senior Living of Mounds View PUD Narrative Mounds View Planning Case MU2010-001 Page 7 23. Signatures KNOW ALL MEN BY THESE PRESENTS: That Coventry Senior Living of Mounds View, having an interest in the following described properties situated in the City of Mounds View, County of Ramsey, State of Minnesota: That part of Lot 2, Block 5, EIGENHEER SECOND ADDITION lying southeasterly of the following described line: Commencing at the northwest corner of said Lot 2; thence East along the northerly line of said Lot 2 a distance of 92.00 feet to an iron; thence southeasterly, along the northeasterly line of said Lot 2, a distance of 140.00 feet to the point of beginning of the line to be herein described; thence southwesterly at a right angle to said northeasterly line a distance of 196.52 feet, more or less, to the southwesterly line of said Lot 2 and there terminating, except that part platted in EIGENHEER THIRD ADDITION, according to the recorded plat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0070) AND That part of Lot 2, Block 5, EIGENHEER SECOND ADDITION lying northwesterly of the following described line: Commencing at the northwest corner of said Lot 2; thence East along the northerly line of said Lot 2 a distance of 92.00 feet to an iron; thence southeasterly, along the northeasterly line of said Lot 2, a distance of 140.00 feet to the point of beginning of the line to be herein described; thence southwesterly at a right angle to said northeasterly line a distance of 196.52 feet, more or less, to the southwesterly line of said Lot 2 and there terminating according to the recorded plat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0069) AND Lot 1, Block 1, EIGENHEER THIRD ADDITION, according to the recorded plat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0061) Have filed an application for a Planned Unit Development which would rezone the above properties from B-3 and R-1 to PUD and do hereby agree to the terms of the PUD stipulations contained in this document and in Resolutions 7655 and 7951. In witness whereof, Glen Harstad, representing Senior Properties of Mounds View, LLC, has hereunto set his hand this _________ day of __________________, 2012. ___________________________________________ Its ________________________________________ STATE OF MINNESOTA ) ) SS COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ______ day of _______________ 2012, by Glen Harstad, the Chief Manager of Senior Properties of Mounds View, LLC. ______________________________ Notary Public Coventry Senior Living of Mounds View Planned Unit Development Coventry Senior Living of Mounds View PUD Narrative Mounds View Planning Case MU2010-001 Page 8 In witness whereof, Joe Flaherty and James Ericson, Mayor and City Administrator, respectively, of the City of Mounds View, have hereunto set their hand this ______ day of _______________, 2012. _____________________________________ Joe Flaherty, Mayor _____________________________________ James Ericson, City Administrator STATE OF MINNESOTA ) ) SS COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of _________________, 2012, by Joe Flaherty and James Ericson, the Mayor and City Administrator, respectively, of the City of Mounds View, a municipal corporation, on behalf of the City. _____________________________________ Notary Public I do hereby certify that on the _______day of ________________, 2012, the Mounds View City Council approved Ordinance No. 848, an ordinance rezoning the herein described properties from B-3 and R-1 to Planned Unit Development, and have approved the Planned Unit Development request based on the development stage plans date-stamped October 2, 2012, subject to the stipulations contained in Resolutions 7655 and 7951. ______________________________________ Joe Flaherty, Mayor _____________________________________ James Ericson, City Administrator STATE OF MINNESOTA ) ) SS COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ______ day of _______________, 2012, by Joe Flaherty and James Ericson, the Mayor and City Administrator, respectively, of the City of Mounds View, a municipal corporation, on behalf of the City. ___________________________________ Notary Public RESOLUTION NO. 8004 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE “COVENTRY SENIOR LIVING OF MOUNDS VIEW” PLANNED UNIT DEVELOPMENT AGREEMENT; MOUNDS VIEW PLANNING CASE NO. MU2010-001 WHEREAS, Greg Johnson, representing Coventry Senior Living, has requested approval of the Planned Unit Development Agreement for the “Coventry Senior Living of Mounds View” project for the three properties legally-described as follows: That part of Lot 2, Block 5, EIGENHEER SECOND ADDITION lying southeasterly of the following described line: Commencing at the northwest corner of said Lot 2; thence East along the northerly line of said Lot 2 a distance of 92.00 feet to an iron; thence southeasterly, along the northeasterly line of said Lot 2, a distance of 140.00 feet to the point of beginning of the line to be herein described; thence southwesterly at a right angle to said northeasterly line a distance of 196.52 feet, more or less, to the southwesterly line of said Lot 2 and there terminating, except that part platted in EIGENHEER THIRD ADDITION, according to the recorded lat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0070) And, That part of Lot 2, Block 5, EIGENHEER SECOND ADDITION lying northwesterly of the following described line: Commencing at the northwest corner of said Lot 2; thence East along the northerly line of said Lot 2 a distance of 92.00 feet to an iron; thence southeasterly, along the northeasterly line of said Lot 2, a distance of 140.00 feet to the point of beginning of the line to be herein described; thence southwesterly at a right angle to said northeasterly line a distance of 196.52 feet, more or less, to the southwesterly line of said Lot 2 and there terminating according to the recorded plat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0069) And, Lot 1, Block 1, EIGENHEER THIRD ADDITION, according to the recorded plat thereof, and situate in Ramsey County, Minnesota (PIN 08-30-23-31-0061) WHEREAS, On August 27, 2012, the City Council adopted Ordinance 848 that rezoned the above-described lands to PUD, Planned Unit Development, which the City designates as Mixed-Use PUD in the Comprehensive Plan; and, WHEREAS, Coventry Senior Living has submitted a Final Plat, date stamped June 18, 2012, for the major subdivision that combines three lots into one parcel; and, Resolution 8004 Page 2 WHEREAS, the Mounds View City Council has reviewed the following documents about this proposal: 1. Site Plan, dated September 27, 2012 2. Elevation drawing, dated October 2, 2012 3. Planned Unit Development Agreement WHEREAS, on August 9, 2010, the Mounds View City Council held a duly noticed public hearing about this development and major subdivision and passed Resolution 7655 that approved the “Coventry Senior Living of Mounds View” development review; and, WHEREAS, the Mounds View City Council has reviewed the proposed Planned Unit Development Agreement for the “Coventry Senior Living of Mounds View” project, and finds it in conformance with Resolution 7655, and with all applicable sections of the Mounds View City Code. NOW, THEREFORE, BE IT FINALLY RESOLVED that approval of this Planned Unit Development Agreement is subject to recordation with Ramsey County, which shall occur within six (6) months of City Council approval. Within 90 days of the recording, Coventry Senior Living shall furnish the City with proof of the recording; otherwise, the approval of the Planned Unit Development Agreement shall be void. Adopted this 22nd day of October, 2012. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) City of Mounds View Private Improvement Certify 12 for Pay 13 Resolution 8005 59201305 Five year assessments Interest rate 5.5% PIN Owner Owner2 Street Address CityStateZip Assessed Amount 73023430053 Stephanie LaPlant 5086 Silver Lake Road Mounds View, MN 55112 $6,459.00 Item No: 7.D. Meeting Date: October 8, 2012 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 8005 Adopting a Special Assessment Levy for a Private Improvement at 5086 Silver Lake Road The City repaired a sewer line that was undermining a city owned retaining wall and sidewalk. The resident was unable to effectuate the repair due to financial constraints. The property is located at 5086 Silver Lake Road. The property owner has signed an agreement to waive their right to a public hearing and has agreed to pay the full cost of the private improvement plus interest and the administrative fee. The initial estimate was over $12,000 with the final cost of $6,424 due to some cost saving measures suggested by the Public Works Director. The property owner may pay the amount due by 4:30 P.M. on Monday, October 22, 2012 in order to avoid the $35.00 administrative fee. The owner may prepay the assessment between October 23, 2012 and November 22, 2012 without paying additional interest. After that, interest at the rate of 5.50% will accrue from October 22, 2012 through the payment date. This interest rate and administrative fee were set by the City Council in Resolution 7135. On or after November 30, 2012, we will forward the assessment roll to Ramsey County for collection with the 2013 property taxes. Respectfully submitted, ___________________________ Mark Beer RESOLUTION NO. 8005 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Adopting a Special Assessment Levy for a Private Improvement at 5086 Silver Lake Road WHEREAS, the City has received a signed petition and waiver agreement from the individual property owner at 5086 Silver Lake Road agreeing to the proposed assessment in the attached assessment roll for a private improvement of a sewer line that was undermining a retaining wall and sidewalk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that: 1. Such proposed assessment roll, a copy of which is attached hereto and made a part hereof, is accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein is hereby found to be benefited by the private improvement in the amount of the assessment levied against it. 2. The assessment as adopted and confirmed shall be payable in equal annual installments over a period of five (5) years, the first of the installments to be payable on or before the first Monday in January 2013, and shall bear interest at the rate of five and one half (5.5) percent per annum from October 22, 2012. To the first installment shall be added interest on the entire assessment from October 22 2012 through December 31, 2013. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment, with interest from the date of adoption of this resolution through the date of payment, such payment must be made before November 30, 2012, or interest will be charged through December of the succeeding year. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted this 22nd Day of October 2012. ______________________________ Joe Flaherty, Mayor (ATTEST) ______________________________ Jim Ericson, City Administrator (SEAL) Item No: 7E Meeting Date: October 22, 2012 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 8006, Approving a Non-Standard Street Design for Hillview Road in Area F of the Street and Utility Improvement Program Background: The Street and Utilities Task Force developed street standards for use in the Street and Utility Improvement Program (Program). The Streets and Utilities Committee reviews and provides recommendations to the City Council for non-standard street and financing issues encountered during implementation of the Program. All streets in the Program between 26 and 32 feet wide will be reconstructed to the “standard” street width of 28-feet wide (measured from the face to face of vertical curbing). Non-standard streets are those outside of this range and streets designated on the Municipal State Aid System (MSAS) that receive state aid funds for maintenance and construction. In addition to non-standard street widths and lane configurations, streets in the Program that are designated for future sidewalk or trailways (as shown in the Comprehensive Plan map) are also evaluated and recommended for these pedestrian/bicycle accommodations. The City’s engineering staff and its consultant (Stantec) are currently in the design phase for the Area F project. Two streets are considered non-standard in Area F: Hillview Road (between Long Lake Road and Jackson Drive) and Edgewood Drive (between Bronson Drive and County Road I). Both streets segments are included on the MSAS and both have proposed pedestrian/bicycle accommodations in the 2008 Comprehensive Plan. City engineering staff and Stantec designers reviewed design options with the Committee at their September 17 meeting, then sent notices to adjacent property owners inviting them to a public information meeting on October 15 to solicit input and feedback. Discussion: Hillview Road has the following existing conditions: • 66 foot wide Right-of-Way between Long Lake Road and Edgewood Drive • 60 foot wide Right-of-Way between Edgewood Drive and Jackson Drive • 42 foot wide bituminous pavement with integral edge curbing • 12 foot lanes with 8’ parking lanes plus 1’ shoulder on both sides • 12± foot wide turf boulevards between Long Lake Road and Edgewood Drive • 9± foot wide turf boulevards between Edgewood Drive and Jackson Drive • mailboxes are located in north and south boulevards • 43 single-family homes adjacent to Right-of-Way - 16 on north side (10+6), 23 on south side (11+12) • no existing pedestrian or bicycle accommodations • no parking restrictions • 1,000 ADT (Average Daily Traffic) (projected 1,056 ADT) To be eligible to receive state funding for street reconstruction, Hillview Road is required to be designed to a stricter set of standards. This includes having a designated parking lane and striping a centerline. Given the residential character of Hillview Road, it is likely that on-street Res. 8006 Approving Non-Standard Street Design for Hillview Road in Area F Page 2 parking will still be needed and desired by the adjacent residents. However, on-street parking on both sides of the street does not appear necessary based on the observed number of vehicles typically parked on Hillview Road. Eliminating one parking lane decreases stormwater management requirements as well as construction costs (by approximately $20,000). Pedestrian/bicycle accommodations on Hillview will be an east-west connection located in the central part of the city. The comprehensive map also shows a proposed future corridor on Hillview Road east of Jackson Drive and continuing on to Quincy Street. Any accommodations (sidewalk, bike lane, trail, etc.) considered along Hillview in Area F should be located on the north side of the street. Hillview Park is located on the north side of Hillview Road just west of Long Lake Road; and there is a bituminous trail that leads into Greenfield Park, also on the north side of Hillview Road. Although pedestrian traffic counts are not available, it is safe to assume that there would be sufficient traffic volume on this street section, as key links to this corridor already exist along Long Lake Road and Quincy Street. Constructing accommodations on Hillview Road will complete approximately two thirds of the connection along this corridor. The notice sent to property owners on this segment of Hillview included recommended options and a feedback portion (see attached). The recommended options by the design engineers and Committee included a parking lane only on the north side of the street, and either an 11-foot off- street multi-use trail or a combined 6.5-foot wide concrete sidewalk with 5.5-foot on-street bike lane. The trail and sidewalk are both recommended for the north boulevard. Eleven feeback forms were received by property owners along the corridor. In general, support for a sidewalk or trail was split. However, there was a strong preference for the combined sidewalk/bike lane over the multi-use trail option. In addition, parking on the south side of the street was preferred over the north side. The Committee reviewed the feedback at their October meeting and recommended (4-0) the sidewalk in the north boulevard with an adjacent bike lane (west bound), with one parking lane located on the south side of the street (eastbound). A typical section is also attached to this report. Recommendation: Engineering staff and the Streets and Utilities Committee recommend that the City Council consider adopting the attached resolution approving a 35.5-foot wide (curb face to curb face) street design for Hillview Road between Long Lake Road and Jackson Drive. The typical street section includes two 11-foot drive lanes, a 5.5-foot wide bike lane in on the north (westbound) side, an 8-foot wide parallel parking on the south (eastbound) side, and a 6.5-foot wide concrete sidewalk immediately behind the curb in the north boulevard. Respectfully submitted, Nick DeBar - Public Works Director Attachments: Resolution 8006 with Recommended Typical Section Hillview Road Design Notice RESOLUTION 8006 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A NON-STANDARD STREET DESIGN AND PARKING RESTRICTIONS FOR HILLVIEW ROAD IN AREA F OF THE STREET AND UTILITY IMPROVEMENT PROGRAM WHEREAS, the City Council adopted Resolution 7176 on October 22, 2007 establishing the Street and Utility Improvement Program (Program), which includes nine Street and Utility Improvement Projects identified as Areas A through I; and WHEREAS, a Streets and Utilities Committee was established through Resolution 7223 on February 11, 2008 to oversee the implementation of the Street and Utility Improvement Program, including providing recommendations to the City Council on design or financing issues encountered during the Program; and WHEREAS, the City Council approved Resolution 7961 on June 25, 2012 authorizing Stantec to perform engineering services and prepare bidding documents for the design phase for Area F of the Program; and WHEREAS, Hillview Road is a non-standard street in Area F of the Program due to its Municipal State Aid status and has proposed pedestrian/bicycle accommodations in accordance with the 2008 Comprehensive Plan; and WHEREAS, City staff developed design recommendations for Hillview Road and reviewed these recommendations with the Streets and Utilities Committee and adjacent property owners on September 17 and October 15, 2012, including soliciting resident feedback; and WHEREAS, Public Works and the Street and Utilities Committee recommend that Hillview Road in Area F be reconstructed to 35.5-feet wide with 8-foot wide parallel parking on the south side only and a combined 6.5-foot concrete sidewalk and 5.5-foot on-street bike lane on the north side; and WHEREAS, to be eligible for State Aid funding, Hillview Road must be signed with “No Parking” or equivalent traffic signs on the sides of the street that do not include the eight-foot parallel parking bays. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Hillview Road between Long Lake Road and Jackson Drive will be reconstructed as a 35.5-foot wide street, measured at the face of curb, with two 11-foot drive lanes, 8-foot wide parallel parking on the south (eastbound) side, 5.5-foot wide on-street bike lane on the north (westbound) side, and 6.5-foot wide concrete sidewalk located immediately behind the curb in the north boulevard. A typical section showing this configuration is attached. 2. Hillview Road will be signed with “No Parking” or equivalent traffic signs on the north side (westbound traffic) between Long Lake Road and Jackson Drive. Resolution 8006 Adopted this 22nd day of October, 2012. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) HILLVIEW ROAD FACING EAST ROW ROW L EXISITING CONDITIONS 60' OR 66' (WESTBOUND) 11'8' DRIVE LANE L PARKING LANE STANDARD TYPICAL PAVEMENT SECTION CURB C 11'5.5' DRIVE LANEBIKE LANE CURB ± 42' C ROW ROW 60' OR 66' CONCRETE SIDEWALK 6.5' (EASTBOUND) PROPOSED CONDITIONS COMM: 2401 HIGHWAY 10 MOUNDS VIEW, MN 55112 (763) 717-4050 FAX (763) 717-4019 www.ci.mounds-view.mn.us/publicworks * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I M P O R T A N T N O T I C E * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PUBLIC INFORMATION MEETING FOR HILLVIEW ROAD STREET DESIGN Your property is located on a street that the City of Mounds View plans to reconstruct next summer as part of the 2013 Street and Utility Improvement Project – Area F. The City is currently in the design phase of the project and would like your input on the street configuration of Hillview Road. The City invites you to attend a short presentation by engineering staff at the next Streets and Utilities Committee meeting to learn more about the street design options and allow the public an opportunity to ask questions and provide any feedback, input, or suggestions. The meeting details are as follows: HILLVIEW ROAD DESIGN PRESENTATION 7:00 P.M. – MONDAY, OCTOBER 15, 2012 MOUNDS VIEW CITY HALL – 2401 CO. HIGHWAY 10 Background/Purpose: The street width and lane configuration for Hillview Road is being evaluated because it is considered a non-standard street according to the City’s Street and Utility Improvement Program. Hillview Road is also being considered for pedestrian and bicycle accommodations in accordance with the City’s Comprehensive Plan. After the presentation and public input, the Streets and Utilities Committee is expected to make a recommendation which will be forwarded to the City Council for their consideration. Design Considerations: Hillview Road will be fully reconstructed with a new asphalt pavement section and vertical concrete barrier curbs. City engineering staff has provided design options for street width, lane configuration, and pedestrian/bicycle accommodations. Due to low traffic counts and infrequent use of on-street parking, a parking lane is being recommended on the north side only (no parking on south side of street). Recommended options for pedestrian/bicycle accommodations include either: 1) a multi-use trail, or 2) a sidewalk/bike lane combination. The trail and sidewalk are proposed to be in the north boulevard (adjacent to the parking lane), and the bike lane located on the south side (eastbound shoulder). Typical sections for these options are enclosed with this notice. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Feedback: Please indicate your preference for pedestrian/bicycle accommodations and parking options: 1. Do you support a multi-use trail for pedestrian/bicycle accommodations (circle one)? Yes No 2. Do you support a combination concrete sidewalk with bike lane (circle one)? Yes No 3. Which pedestrian/bicycle option do you prefer (circle one)? Multi-use Trail Sidewalk/Bike Lane Don’t Care 4. What side of the street do you prefer to have parking (circle one)? North South 5. Name:________________________________________ 6. Phone:______________________________________ 7. Address:______________________________________ 8. E-mail:______________________________________ 9. Comments:_______________________________________________________________________________________ Please bring this completed form to the meeting for submittal (after the presentation). If you are unable to attend the meeting, you may submit it by the following methods (before 4:30 pm, Oct. 15): • Drop it off at the Public Works Counter at City Hall • Fax to Public Works at (763) 717-4019 • E-mail feedback to nick.debar@ci.mounds-view.mn.us For additional information, please contact Public Works at (763) 717-4050. Thank you. HILLVIEW ROAD FACING EAST ROW ROW L EXISITING CONDITIONS 60' OR 66' SIDEWALK AND BIKE LANE 11'5.5' DRIVE LANE L BIKE LANE STANDARD TYPICAL PAVEMENT SECTION NEW CURB C 11'8' DRIVE LANE PARKING LANE NEW CURB ± 42' MULTI-USE TRAIL 11'2' DRIVE LANE L STANDARD TYPICAL PAVEMENT SECTION NEW CURB C 11'8' DRIVE LANE PARKING LANE NEW CURB REACTION ZONE NEW BITUMINOUS TRAIL 11' ROW ROW 60' OR 66' C ROW ROW 60' OR 66' NEW CONCRETE SIDEWALK 6.5' COMM: Item No: 7F Meeting Date: October 22, 2012 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 8007, Approving a Non-Standard Street Design for Edgewood Drive in Area F of the Street and Utility Improvement Program Background: The Street and Utilities Task Force developed street standards for use in the Street and Utility Improvement Program (Program). The Streets and Utilities Committee reviews and provides recommendations to the City Council for non-standard street and financing issues encountered during implementation of the Program. All streets in the Program between 26 and 32 feet wide will be reconstructed to the “standard” street width of 28-feet wide (measured from the face to face of vertical curbing). Non-standard streets are those outside of this range and streets designated on the Municipal State Aid System (MSAS) that receive state aid funds for maintenance and construction. In addition to non-standard street widths and lane configurations, streets in the Program that are designated for future sidewalk or trailways (as shown in the Comprehensive Plan map) are also evaluated and recommended for these pedestrian/bicycle accommodations. The City’s engineering staff and its consultant (Stantec) are currently in the design phase for the Area F project. Two streets are considered non-standard in Area F: Hillview Road (between Long Lake Road and Jackson Drive) and Edgewood Drive (between Bronson Drive and County Road I). Both streets segments are included on the MSAS and both have proposed pedestrian/bicycle accommodations in the 2008 Comprehensive Plan. City engineering staff and Stantec designers reviewed design options with the Committee at their September 17 meeting, then sent notices to adjacent property owners inviting them to a public information meeting on October 15 to solicit input and feedback. Discussion: Edgewood Drive has the following existing conditions: • 66 foot wide Right-of-Way between Bronson Drive and County Road I • 42 foot wide bituminous pavement with integral edge curbing • 12 foot lanes with 8’ parking lanes on both sides • 12± foot wide turf boulevards • mailboxes are located in east boulevards • 13 single-family homes and one commercial property adjacent to Right-of-Way on the east side; City-owned property and multifamily housing (four parking lot entrances) located adjacent to Right-of-Way on the west side. • no parking restrictions • 1,350 ADT (Average Daily Traffic) (projected 1,426 ADT) To be eligible to receive state funding for street reconstruction, Edgewood Drive is required to be designed to a stricter set of standards. This includes having designated parking lanes and striping a centerline. Given the location of City Hall Park, on-street parking will still be necessary on the west side of Edgewood Drive. In addition, on-street parking on the east side may be needed for overflow park usage and if desired by the residents. Res. 8007 Approving Non-Standard Street Design for Edgewood Drive in Area F Page 2 Proposed pedestrian/bicycle accommodations on Edgewood Drive is considered a north-south connection located in the central part and civic center of the city. There is existing sidewalk on Edgewood south of Bronson on both sides of the street extending to the County 10 trail system. There is also existing sidewalks on County Road I east and west of Edgewood on both sides of the street. A sidewalk also exists in the south boulevard of Bronson Drive from Edgewood Drive to Quincy Street. Although pedestrian traffic counts are not available, it is safe to assume that there would be sufficient traffic volume on this street section, as key links to this corridor already exist south of Bronson and along County Road I and Bronson Drive. Constructing accommodations on this segment of Edgewood Drive will complete the connection along this corridor between County Road I and the civic center (City Hall and Community Center) and the many other paths that terminate in this vicinity. The notice sent to property owners on this segment of Edgewood included recommended options and a feedback portion (see attached). The recommended options by the design engineers and Committee included a parking lane on the west side, at a minimum, with a potential parking lane on the east side. Options for pedestrian/bicycle accommodations included either an 11-foot off- street multi-use trail or a 6.5-foot wide concrete sidewalk. The trail and sidewalk are both recommended to be located in the west boulevard. Only three feeback forms were received by property owners along the corridor. Although it is difficult to get an overall preference with such little feedback, support for a sidewalk or trail was split. There appears to be a preference for a sidewalk over the multi-use trail option. In addition, parking on both sides of the street was preferred over the west side only. The Committee reviewed the feedback at their October meeting and recommended (4-0) for the sidewalk option in the west boulevard with parking lanes located on both sides of the street. A typical section showing this recommendation is attached to this report. Recommendation: Engineering staff and the Streets and Utilities Committee recommend that the City Council consider adopting the attached resolution approving a 38-foot wide (curb face to curb face) street design for Edgewood Drive between Bronson Drive (south) and County Road I. The typical street section includes two 11-foot drive lanes, 8-foot wide parallel parking lanes on both sides, and a 6.5-foot wide concrete sidewalk immediately behind the curb in the west boulevard. Respectfully submitted, Nick DeBar - Public Works Director Attachments: Resolution 8007 with Recommended Typical Section Edgewood Drive Design Notice RESOLUTION 8007 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A NON-STANDARD STREET DESIGN FOR EDGEWOOD DRIVE IN AREA F OF THE STREET AND UTILITY IMPROVEMENT PROGRAM WHEREAS, the City Council adopted Resolution 7176 on October 22, 2007 establishing the Street and Utility Improvement Program (Program), which includes nine Street and Utility Improvement Projects identified as Areas A through I; and WHEREAS, a Streets and Utilities Committee was established through Resolution 7223 on February 11, 2008 to oversee the implementation of the Street and Utility Improvement Program, including providing recommendations to the City Council on design or financing issues encountered during the Program; and WHEREAS, the City Council approved Resolution 7961 on June 25, 2012 authorizing Stantec to perform engineering services and prepare bidding documents for the design phase for Area F of the Program; and WHEREAS, Edgewood Drive is a non-standard street in Area F of the Program due to its Municipal State Aid status and has proposed pedestrian/bicycle accommodations in accordance with the 2008 Comprehensive Plan; and WHEREAS, City staff developed design recommendations for Edgewood Drive and reviewed these recommendations with the Streets and Utilities Committee and adjacent property owners on September 17 and October 15, 2012, including soliciting resident feedback; and WHEREAS, Public Works and the Street and Utilities Committee recommend that Edgewood Drive in Area F be reconstructed to 38-feet wide with 11-foot wide drive lanes, 8- foot wide parallel parking on both sides, and a 6.5-foot concrete sidewalk immediately behind the curb on the west side only. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Edgewood Drive between Bronson Drive (south) and County Road I will be reconstructed as a 38-foot wide street, measured at the face of curb, with two 11-foot drive lanes, 8-foot wide parallel parking on both sides, and a 6.5-foot wide concrete sidewalk located immediately behind the curb in the west boulevard. A typical section showing this configuration is attached. Adopted this 22nd day of October, 2012. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) EDGEWOOD DRIVE FACING NORTH 11'8' DRIVE LANE L PARKING LANE STANDARD TYPICAL PAVEMENT SECTION CURB C 11'8' DRIVE LANE PARKING LANE CURB ROW ROW 60' OR 66' CONCRETE SIDEWALK 6.5' ROW ROW L EXISITING CONDITIONS 60' OR 66' ± 42' C (SOUTHBOUND)(NORTHBOUND) PROPOSED CONDITIONS COMM: 2401 HIGHWAY 10 MOUNDS VIEW, MN 55112 (763) 717-4050 FAX (763) 717-4019 www.ci.mounds-view.mn.us/publicworks * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I M P O R T A N T N O T I C E * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PUBLIC INFORMATION MEETING FOR EDGEWOOD DRIVE STREET DESIGN Your property is located on a street that the City of Mounds View plans to reconstruct next summer as part of the 2013 Street and Utility Improvement Project – Area F. The City is currently in the design phase of the project and would like your input on the street configuration of Edgewood Drive. The City invites you to attend a short presentation by engineering staff at the next Streets and Utilities Committee meeting to learn more about the street design options and allow the public an opportunity to ask questions and provide any feedback, input, or suggestions. The meeting details are as follows: EDGEWOOD DRIVE DESIGN PRESENTATION 7:00 P.M. – MONDAY, OCTOBER 15, 2012 MOUNDS VIEW CITY HALL – 2401 CO. HIGHWAY 10 Background/Purpose: The street width and lane configuration for Edgewood Drive is being evaluated because it is considered a non-standard street according to the City’s Street and Utility Improvement Program. Edgewood Drive is also being considered for pedestrian and bicycle accommodations in accordance with the City’s Comprehensive Plan. After the presentation and public input, the Streets and Utilities Committee is expected to make a recommendation which will be forwarded to the City Council for their consideration. Design Considerations: Edgewood Drive will be fully reconstructed with a new asphalt pavement section and vertical concrete barrier curbs. City engineering staff has provided design options for street width, lane configuration, and pedestrian/bicycle accommodations. A parking lane is being recommended on the west side (City Hall Park side) with consideration for additional on-street parking on the east side of the street. Recommended options for pedestrian/bicycle accommodations include either: 1) a multi-use trail, or 2) a sidewalk. The trail and sidewalk are proposed to be in the west boulevard (adjacent to the parking lane) on the City Hall Park side of the street. If a trail option is selected, the trail is proposed to be extended to the intersection of Edgewood Drive and County Road 10. Typical sections for these options are enclosed with this notice. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Feedback: Please indicate your preference for pedestrian/bicycle accommodations and parking options: 1. Do you support a multi-use trail for pedestrian/bicycle accommodations (circle one)? Yes No 2. Do you support a concrete sidewalk for pedestrian/bicycle accommodations (circle one)? Yes No 3. Which pedestrian/bicycle option do you prefer (circle one)? Multi-use Trail Sidewalk Don’t Care 4. What side of the street do you prefer to have parking (circle one)? West Side Only Both Sides 5. Name:________________________________________ 6. Phone:______________________________________ 7. Address:______________________________________ 8. E-mail:______________________________________ 9. Comments:_______________________________________________________________________________________ Please bring this completed form to the meeting for submittal (after the presentation). If you are unable to attend the meeting, you may submit it by the following methods (before 4:30 pm, Oct. 15): • Drop it off at the Public Works Counter at City Hall • Fax to Public Works at (763) 717-4019 • E-mail feedback to nick.debar@ci.mounds-view.mn.us For additional information, please contact Public Works at (763) 717-4050. Thank you. EDGEWOOD DRIVE FACING NORTH ROW ROW L EXISITING CONDITIONS 60' OR 66' OPTION 1: ADDITIONAL PARKING EAST OPTION 2: SWITCH TO MULTI-USE TRAIL WEST 11'8' DRIVE LANE L PARKING LANE STANDARD TYPICAL PAVEMENT SECTION NEW CURB C 11'8' DRIVE LANE PARKING LANE NEW CURB ± 42' PARKING & SIDEWALK ON THE WEST 11'2' DRIVE LANE L STANDARD TYPICAL PAVEMENT SECTION NEW CURB C 11'8' DRIVE LANE PARKING LANE NEW CURB REACTION ZONE NEW CONCRETE SIDEWALK 6.5' ROW ROW 60' OR 66' C ROW ROW 60' OR 66' NEW BITUMINOUS TRAIL 11' COMM: PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 September 24, 2012 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, September 24, 2012, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, September 24, 2012, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 33 None. 34 35 7. COUNCIL BUSINESS 36 A. Review Request from Kathleen Smith regarding Status of a Planning 37 Commission Member. 38 39 City Administrator Ericson stated that Kathleen Smith submitted a formal request to the City on 40 September 10, 2012 for the Council to consider removing Gary Rundle from the Planning 41 Commission. The Council is being asked to discuss the matter in further detail this evening. 42 43 Kathleen Smith, 7405 Spring Lake Road, requested the Council remove Gary Rundle from the 44 Planning Commission immediately, and not wait for his term to end in December of 2013. She 45 Mounds View City Council September 24, 2012 Regular Meeting Page 2 recommended he never be allowed to represent the City of Mounds View again, based on the 1 harassment that she has received from Mr. Rundle from April through July of this year. Ms. 2 Smith discussed in detail her recent concerns with Mr. Rundle, his cats and the littering on her 3 property. She explained he had caught Mr. Rundle on camera repeatedly throwing cans on to her 4 property in the early morning hours. She described in detail the harassment she received from 5 Mr. Rundle explaining that all details have been brought to the Mounds View Police Department. 6 She expressed further concern with the character of Mr. Rundle and recommended he be 7 removed from the Planning Commission and not be allowed to represent the City. 8 9 Gary Rundle, 7445 Spring Lake Road, admitted to throwing cans on Ms. Smith’s property twice. 10 He explained that he has paid his fine and apologized for his actions. He indicated that Ms. 11 Smith has told a number of lies this evening. He understood he made a mistake. He thought he 12 had handled the matter and that the issue was completely over and done with. 13 14 Mindy Wyzinger, 8961 Arona Avenue in Lexington, spoke on behalf of her father, Gary Rundle. 15 She indicated his volunteer role on the Planning Commission has been a positive experience for 16 both him and his family. She explained that the harassment issues have been misconstrued. It 17 was her opinion that Ms. Smith has been the one harassing her family and their cats. She 18 commented that Ms. Smith will not stop until her father’s reputation was completely ruined. Ms. 19 Wyzinger explained that this entire matter has been blown out of proportion and her father’s 20 position in the community is being threatened. She requested the Council allow her father to 21 continue to serve on the Planning Commission. 22 23 Cindy Rundle, 7445 Spring Lake Road, commented Ms. Smith did come over to her home in 24 April to discuss their cats. She remembered the conversation clearly taking place in her home, on 25 a Sunday evening, at which time Ms. Smith was introduced to each of the cats. She explained 26 each of her three cats were declawed and stayed in the house at all times, unless accidently let out 27 by the grandkids. Ms. Rundle respected Ms. Smith’s concerns and closely monitored her cats to 28 be assured they were not getting out. She did not recall slamming the door on Ms. Smith’s face, 29 as was previously stated this evening. 30 31 Ms. Rundle indicated the recent newspaper article was quite a surprise. She was frustrated that 32 their side of the story was not properly represented. She commented that her husband’s position 33 on the Planning Commission was important to him and requested the Council allow him to 34 continue to serve in that capacity. She hoped that Ms. Smith would let go of the past and move 35 on. 36 37 Thomas Brunes, 7430 Spring Lake Road, explained he was a direct neighbor of both the 38 Rundle’s and Ms. Smith. He indicated he has lived in the neighborhood since 1971 and knows 39 that the Rundle’s cats do not run around the neighborhood. Mr. Brunes stated Mr. Rundle had 40 apologized to him for the recent events, stating it was a mistake. He recommended that every 41 person be allowed a mistake. He suggested the Council allow Mr. Rundle to remain on the 42 Planning Commission. Mr. Brunes understood that Ms. Smith to be a nice person as well, but 43 that she was going to extremes with this matter. 44 45 Mounds View City Council September 24, 2012 Regular Meeting Page 3 Barb Stasz, 8357 Eastwood Road, commented she was surprised by the recent newspaper article. 1 She found it sad that a Planning Commissioner would act in this manner. She questioned his 2 overall character or lack thereof. Ms. Stasz stated Ms. Smith was simply standing up for herself 3 and the harassment that was she was being subjected to. 4 5 Mayor Flaherty asked the Council for comments or questions. 6 Council Member Mueller asked if the Rundle’s cats had collars. Ms. Rundle noted that one cat 7 had a collar. 8 9 Council Member Mueller encouraged the Rundles to place collars on each of their cats. She then 10 inquired if the cat in Ms. Smith’s shed had a collar. Ms. Smith commented the cat in her shed 11 did not have a collar. She clarified also that it was not just one or two cans that were thrown in 12 her yard. The police department has nine in evidence at this time. 13 14 Mayor Flaherty questioned what color the cat was that Ms. Smith found in her shed. Ms. Smith 15 stated the cat was gray. Ms. Rundle indicated her nine year old cat was grey and white. 16 17 Mayor Flaherty requested further information on how Ms. Smith captured the video images of 18 Mr. Rundle. Ms. Smith explained the process she used with her video camera noting she 19 videotaped his van leaving his driveway, littering and pulling away on two occasions. However, 20 the event took place on more than two occasions, which led her to begin collecting the cans. Ms. 21 Smith indicated at the time of these events, she was recovering from major back surgery and was 22 receiving help from friends. 23 24 Mayor Flaherty stated the cans were not being disputed by Mr. Rundle. He indicated Ms. Smith 25 had suspected the cans were coming from Mr. Rundle. Ms. Smith stated this was the case. She 26 commented the seriousness of this behavior was not just littering, it was harassment. 27 28 Mayor Flaherty indicated the Council can only deal with the facts at this time, as it has become a 29 “he said, she said” case. He requested the City Administrator review City Code on how a 30 Commission member can be removed from their seat. City Administrator Ericson reviewed City 31 Code Section 401.03, stating just cause was necessary along with a 4/5ths vote from the Council. 32 33 Mayor Flaherty requested further information from staff on “just cause.” City Attorney Riggs 34 explained “just cause” to be the cause which specifically relates to and effects the administration 35 of the office the member holds and must be restricted to something of a substantial nature 36 directly affecting the rights and interests of the public. The cause must be one touching the 37 qualifications of the official, the official’s performance of the officials duties, showing the 38 official is not a fit or proper person to hold office. He stated this was a high standard, and not 39 just the whim of the Council. 40 41 Mayor Flaherty questioned if the Council would like to move forward with a formal hearing for 42 this matter. 43 44 Council Member Mueller stated she has been known to make mistakes, even willful mistakes. 45 Mounds View City Council September 24, 2012 Regular Meeting Page 4 She did not want to see a single lapse in judgment cost her, her Council seat or other volunteer 1 positions. She noted she was not a perfect person and was deeply saddened by this situation. 2 She stated this was Mounds View, her community, and she was greatly disappointed that the 3 relationship between two neighbors has become such a public and disgruntled matter. She 4 encouraged the neighbors to move forward from this point and begin rebuilding their 5 relationship. She apologized to everyone in the community for this issue getting to this point. 6 She stated at this time, she could not support removing Mr. Rundle from his position for littering, 7 which was the only substantial part of the discussion. 8 MOTION/SECOND: Mueller/Hull. To discontinue action regarding the Status of Planning 9 Commission Member Gary Rundle. 10 11 Council Member Hull encouraged both parties to move on from this situation and begin healing. 12 13 Council Member Mueller understood that Ms. Smith was feeling harassed at this point. She 14 encouraged her to take the necessary steps in the future if she was feeling unsafe. If a crime was 15 being committed, she should contact the Mounds View Police Department. At this point, 16 however, the Council was not going to be policing this situation between neighbors. 17 18 Ms. Smith stated she would be moving on from this situation. Her concern was with the 19 character and integrity of Mr. Rundle, considering the harassment she received over a three-20 month period. She expressed concern with allowing Mr. Rundle to continue in his position given 21 the facts in this case. 22 23 Mayor Flaherty understood the facts of the case in that Mr. Rundle was charged with littering and 24 not with harassment. He commented it was a shame that this matter had to be brought to the 25 Council. He encouraged neighbors in the future to work through these issues together so they do 26 not become public issues. He hoped the Rundles and Ms. Smith would begin to mend the broken 27 relationships. 28 29 Ms. Smith thanked the Council for hearing her case and for their time this evening. She 30 understood the final decision would rest with the Council. 31 32 Council Member Stigney commented it was a shame this matter has progressed this far. He 33 stated the legalities of just cause would not allow the Council to move forward with this matter. 34 He understood the concerns of both parties and encouraged them to work together going forward. 35 36 Council Member Gunn agreed, stating she hoped the neighbors would find a way to get along to 37 bring peace back to the neighborhood. She indicated this event was affecting not only these two 38 parties, but the City of Mounds View and the surrounding community. 39 40 Ayes – 5 Nays – 0 Motion carried. 41 42 B. Resolution 7993, a Resolution Authorizing an Administrative Penalty to CVS 43 Pharmacy, located at 2800 County Road 10, for Violation of Chapter 512 of 44 the Mounds View City Code. 45 Mounds View City Council September 24, 2012 Regular Meeting Page 5 1 Assistant City Administrator Crane stated that, in conformance with City Code, it is prohibited to 2 sell cigarettes to anyone under the age of 18. On August 27th the Mounds View Police 3 Department conducted compliance checks and CVS failed. In accordance with City Code, the 4 first violation allowed for an administrative fine of $150. The City also has the right to place a 5 penalty on the CVS employee. Staff recommended the Council authorize the administrative 6 penalty and not pursue the CVS employee. 7 8 Police Chief Kinney described the compliance check process with the Council in detail stating 9 the department had worked with minors from the North Suburban Tobacco Alliance Project on 10 these compliance checks. 11 12 Mayor Flaherty asked if the ID’s used by the minors clearly state they are underage. Police Chief 13 Kinney stated this was the case, the minors use their own personal valid State ID. 14 15 Steve Hodgson, CVS representative, explained the CVS employee responsible for the sale had 16 been terminated. He indicated CVS had a zero tolerance policy for tobacco sales to minors and 17 bi-annual training would continue for all other employees, to assure this does not happen again in 18 the future. 19 20 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7993, a 21 Resolution Authorizing an Administrative Penalty to CVS Pharmacy, located at 2800 County 22 Road 10, for Violation of Chapter 512 to the Mounds View City Code. 23 24 Council Member Mueller was sorry the employee lost his job but appreciated the zero tolerance 25 policy. She encouraged CVS to continue training its employees on how to properly conduct 26 tobacco sales. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 C. Resolution 7994, a Resolution Authorizing an Administrative Penalty to 31 Mounds View BP, located at 2155 County Road 10, for Violation of Chapter 32 512 of the Mounds View City Code. 33 34 Assistant City Administrator Crane stated that in conformance with City Code, it is prohibited to 35 sell cigarettes to anyone under the age of 18. On August 27th the Mounds View Police 36 Department conducted compliance checks and BP failed. In accordance with City Code, the first 37 violation allowed for an administrative fine of $150. Staff recommended the Council authorize 38 the administrative penalty. 39 40 Council Member Mueller questioned how the City would be made aware if actions were taken by 41 BP to assure this does not happen again in the future. Assistant City Administrator Crane 42 explained BP was invited to this evening’s meeting to speak to the matter, but was not in 43 attendance. She commented she could speak with representatives from BP and could report back 44 to the Council. 45 Mounds View City Council September 24, 2012 Regular Meeting Page 6 1 Council Member Mueller asked if multiple violations would lead to the loss of a tobacco license. 2 Assistant City Administrator Crane stated this was determined by the Council. 3 4 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7994, a 5 Resolution Authorizing an Administrative Penalty to Mounds View BP, located at 2155 County 6 Road 10, for Violation of Chapter 512 of the Mounds View City Code. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 D. Resolution 7995, a Resolution Authorizing an Administrative Penalty to 11 Sam’s Market, located at 2408 County Road I, for Violation of Chapter 512 12 of the Mounds View City Code. 13 14 Assistant City Administrator Crane stated that, in conformance with City Code, it is prohibited to 15 sell cigarettes to anyone under the age of 18. On August 27th the Mounds View Police 16 Department conducted compliance checks and Sam’s Market failed. In accordance with City 17 Code, the first violation allowed for an administrative fine of $150. Sam’s Market was aware of 18 the meeting this evening, but no business member was not present. Staff recommended the 19 Council authorize the administrative penalty. 20 21 Council Member Gunn questioned what action would be taken if the fine was not paid by the 22 violating party. Finance Director Beer explained if the fine was not paid, it would be certified to 23 the property taxes. 24 25 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7995, a 26 Resolution Authorizing an Administrative Penalty to Sam’s Market, located at 2408 County 27 Road I, for Violation of Chapter 512 of the Mounds View City Code. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 E. Resolution 7996, a Resolution Authorizing an Administrative Penalty to 32 Walgreens, located at 2387 County Road 10, for Violation of Chapter 512 of 33 the Mounds View City Code. 34 35 Assistant City Administrator Crane stated that in conformance with City Code, it is prohibited to 36 sell cigarettes to anyone under the age of 18. On August 27th the Mounds View Police 37 Department conducted compliance checks and Walgreens failed. In accordance with City Code, 38 the first violation allowed for an administrative fine of $150. Staff recommended the Council 39 authorize the administrative penalty. 40 41 Melissa White, Walgreens representative, explained the employee at fault was given a final 42 written warning. She indicated this same employee was retrained on the company’s tobacco 43 sales policies. 44 45 Mounds View City Council September 24, 2012 Regular Meeting Page 7 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7996, a 1 Resolution Authorizing an Administrative Penalty to Walgreens, located at 2387 County Road 2 10, for Violation of Chapter 512 of the Mounds View City Code. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 F. Resolution 7991, Ordering the Abatement of Hazardous Conditions Existing 7 at 8379 Red Oak Drive. 8 9 Housing/Code Enforcement Inspector Anderson stated the property at 8379 Red Oak Drive was 10 in need of abatement due to the existing hazardous conditions on site. Staff has been responding 11 to violations of City Code at this site for the past two years. He explained an order to vacate the 12 premises was ordered as the site does not currently have basic utilities. The building was not 13 currently fit for occupancy and has been a concern for several years. Staff recommends the 14 Council order the abatement. 15 16 MOTION/SECOND: Flaherty/Mueller. To table action on this request to a future date. 17 18 Council Member Stigney questioned if this item should be tabled or postponed. He 19 recommended a specific date be set within the motion. 20 21 City Attorney Riggs stated a motion to postpone should be date specific. This would assure that 22 the matter was brought back to the Council with further information at a future date. 23 24 Mayor Flaherty indicated he would like to table action on this item this evening. 25 26 Council Member Mueller stated staff would continue to use resources to manage the code 27 violations on this property. She requested action be taken sooner than later. 28 29 Council Member Hull added that the neighboring property owners would also like action taken 30 against this property, as it has become a nuisance. 31 32 Council Member Gunn questioned why action was being postponed at this time. 33 34 Mayor Flaherty stated new information would be coming to the Council regarding this property. 35 He requested the item be tabled for four to six months. 36 37 SUBSTITUTE MOTION/SECOND: Flaherty/Mueller. To table action on this request for four 38 to six months. 39 40 Council Member Mueller encouraged the homeowner to come to the City to resolve the issues on 41 this property. 42 43 Mayor Flaherty commented additional information would be forthcoming to the Council. 44 45 Mounds View City Council September 24, 2012 Regular Meeting Page 8 Council Member Mueller asked what action would be taken if the abatement were to be 1 approved. Housing/Code Enforcement Inspector Anderson reviewed the abatement process 2 timeline, noting the site would have to be brought into full compliance in 20 days or be vacated. 3 If the site was not brought into full compliance, the site would be demolished and restored to a 4 level grade. 5 6 Council Member Stigney suggested the item not be pushed out four to six months, but rather to a 7 date certain, unless already resolved. 8 9 SECOND SUBSTITUTE MOTION/SECOND: Flaherty/Mueller. To postpone action on this 10 request until a date of resolution, not to exceed six months, whichever occurs first. 11 12 Council Member Mueller asked if the property owner was aware the City could assist with the 13 demolition process. Housing/Code Enforcement Inspector Anderson stated this information has 14 been conveyed to the property owner on two or three different occasions. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 Beth Rogers, 8405 Red Oak Drive, stated in light of the new information, she approved of the 19 tabling of this item. She presented the Council with photographs of the property at 8379 Red 20 Oak Drive, stating the property was unsightly. 21 22 G. Resolution 7992, to Approve Auto Theft Prevention Grant Agreement with 23 Minnesota State Department of Commerce. 24 25 Police Chief Kinney stated the Minnesota Auto Theft Prevention Program is administered by the 26 Minnesota Department of Commerce. Funding was available to aid in auto theft prevention to 27 promote awareness, offer education and prosecute offenders. The Mounds View Police 28 Department wrote a grant for these funds, with the goal of receiving an automated license plate 29 reader system. This reader system would be mounted to a squad car and takes images of license 30 plates, checks it against databases and provides information to the officer. This automated 31 process was quick and much safer than manually typing in each license plate. 32 33 Police Chief Kinney explained the City requested one automated license plate reader system 34 through the grant, valued at $20,500. The department was awarded the grant, in addition to 35 receiving a second unit through the Sheriff’s office. He recommended the Council approve the 36 grant agreement with the Department of Commerce. 37 38 Council Member Mueller thanked Police Chief Kinney for applying for the grant. She 39 questioned how the new technology would be used by the department. Police Chief Kinney 40 commented the three camera system would be mounted on different areas of the squad car and 41 would be able to capture license plates coming in all directions. He anticipated the entire City 42 would be covered by the system. 43 44 Council Member Mueller asked if additional units would be purchased in the future. Police 45 Mounds View City Council September 24, 2012 Regular Meeting Page 9 Chief Kinney stated this may happen, but was pleased that the department would have access to 1 two systems at this time. 2 3 Council Member Hull inquired what happens to the data gathered by this system. Police Chief 4 Kinney explained the department would have a policy in place prior to implementation of the 5 camera systems. The data could be kept for 24 hours or less, or up to one year. He described 6 how the data could be used to assist with cases going into the future. 7 8 Mayor Flaherty agreed that having a policy in place would be necessary. He questioned if the 9 department would be creating liability issues if using this data for purposes other than originally 10 collected. City Attorney Riggs commented the City does have data collection policies that need 11 to be complied with, and he was aware that the League of Minnesota Cities and Post Board were 12 also drafting new policies. 13 14 Finance Director Beer inquired if there was a future maintenance cost on the camera units. 15 Police Chief Kinney indicated there was no ongoing maintenance expense for the units. 16 17 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7992, to 18 Approve the Auto Theft Prevention Grant Agreement with Minnesota State Department of 19 Commerce. 20 21 Mayor Flaherty recommended the police department have a policy in place prior to putting the 22 camera systems to work. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 8. CONSENT AGENDA 27 A. Resolution 7997, Revising Section 3.40 of the Mounds View Personnel 28 Manual Pertaining to the Vacation Accrual Schedule. 29 B. Resolution 7998, Authorizing LaVan Floor Covering Company to Install 30 Rubber Flooring in Hillview Park Shelter. 31 C. Set a Public Hearing for Monday, October 8, 2012 to Adopt a Special 32 Assessment Levy for Delinquent Public Utility Accounts. 33 D. Set a Public Hearing for Monday, October 8, 2012 to Adopt a Special 34 Assessment Levy for Unpaid Diseased Tree, False Alarm, and Nuisance 35 Abatement Charges. 36 37 MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 9. JUST AND CORRECT CLAIMS 42 43 Finance Director Beer answered the Council's questions related to claims. 44 45 Mounds View City Council September 24, 2012 Regular Meeting Page 10 MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. 1 2 Ayes – 5 Nays – 0 Motion carried. 3 4 10. APPROVAL OF MINUTES 5 A. August 13, 2012, City Council Meeting Minutes. 6 7 MOTION/SECOND: Mueller/Hull. To Approve the August 13, 2012, City Council meeting 8 minutes as submitted. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 B. August 27, 2012, City Council Meeting Minutes. 13 14 MOTION/SECOND: Stigney/Gunn. To Approve the August 27, 2012, City Council meeting 15 minutes as submitted. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 11. REPORTS 20 A. Reports of Mayor and Council. 21 22 Council Member Gunn noted on Saturday, September 29th at 5:30 p.m., the Music of the Night 23 event would take place at Irondale High School. She encouraged all to attend this excellent 24 musical event. 25 26 Council Member Mueller stated the Festival in the Park Committee completed an evaluation of 27 this year’s event last week and through discussion, more volunteers were needed to assist with 28 the event. She encouraged those interested to join the committee and assist in planning next 29 year’s Festival in the Park. She commented the more volunteers willing to assist, the lighter the 30 work would be for all. 31 32 Council Member Mueller indicated an agreement was reached and Western Bank would be 33 wholly owned by American National Corporation, which was headquartered in Omaha, 34 Nebraska. Service at this location would continue as is under the Western Bank name. In 35 addition, Home Shield was recently bought out by Quannix and would maintain its presence in 36 the community. 37 38 Mayor Flaherty reported there was a new family in the City of Mounds View, the Cummings 39 Family that recently had their home destroyed by an electrical fire. Chris Cummings is an Iraqi 40 war veteran and his wife is a student at the University of Minnesota. The community was 41 coming together to host a benefit on Saturday, October 27th at the American Legion Post #566 in 42 Lino Lakes from 2:00 to 8:00 p.m. He encouraged all to get out and support this young family. 43 44 B. Reports of Staff. 45 Mounds View City Council September 24, 2012 Regular Meeting Page 11 1 City Administrator Ericson provided an update to the Council regarding the upcoming 2 worksession meeting. He noted the Council would discuss the City Forester position, along with 3 language changes necessary for the GMHC managed Home Improvement Load program. 4 5 Mayor Flaherty requested the Council also discuss the Minnesota ASAP program at the 6 upcoming worksession meeting. The Council agreed with this request. 7 8 City Administrator Ericson noted the Airports Commission met on September 12th. Noise issues 9 and capital improvements plans were discussed. There were no plans to expand the runways at 10 this time. 11 12 City Administrator Ericson stated the Economic Development Commission (EDC) met in July 13 and August. The group adopted several motions that would be presented to the EDA in the 14 future regarding Mustang Drive and the overall vision for the Highway 10 corridor. He stated a 15 joint meeting may be scheduled in the coming months. 16 17 City Administrator Ericson indicated the Council has been discussing County Road 10 18 improvements. He noted the litter collection was complete and banners were hung. He inquired 19 how the Council would like to proceed with the painting of the signals, as they require a lead 20 based paint assessment. The assessment and abatement was quite costly and the Council 21 requested the County be contacted to cover the assessment expense. City Administrator Ericson 22 explained Ramsey County was not willing to assist with the $500 lead based paint assessment 23 expense at this time. 24 25 City Administrator Ericson explained the Council could spend $500 to see if the signals have 26 lead based paint and then make a decision after that time. 27 28 Mayor Flaherty expressed frustration with the obstacles and challenges the City was facing when 29 the Council was simply trying to beautify the corridor. 30 31 Council Member Stigney asked if staff could contact the manufacturer to see if lead based paint 32 was used on these signals. City Administrator Ericson explained he has made attempts to find 33 out the manufacturer of these signals and has not been successful to date. 34 35 Mayor Flaherty questioned how the Council would proceed if the signals were not covered in 36 lead based paint. City Administrator Ericson stated the previous estimate could be awarded and 37 the signals repainted. 38 39 Council Member Mueller inquired if the $500 was spent and the signals were determined to have 40 lead based paint, would the City be liable to take action. City Administrator Ericson explained 41 the City would not have to take immediate action, but would have to remediate the lead based 42 paint when the signals were repainted in the future. 43 44 Council Member Mueller supported having the appropriate lead based paint testing completed. 45 Mounds View City Council September 24, 2012 Regular Meeting Page 12 1 Council Member Stigney was in favor of testing one signal. Mayor Flaherty commented five 2 signals along the corridor would need repainting. 3 4 Council Member Gunn suggested that all poles be tested to ensure that all lead based paint 5 concerns were addressed. 6 7 Council Member Hull supported the assessment expenses. 8 9 Mayor Flaherty requested staff report back to the Council on the entire expense for assessing all 10 five signals for the City along the County Highway 10 corridor. 11 12 City Administrator Ericson stated Blaine and Spring Lake Park were not in favor of swapping out 13 signs along the Highway 10 corridor at this time. He did not recommend the Council assume 14 100% of this expense and that this be reconsidered at a future date. 15 16 City Administrator Ericson explained a Five Cities meeting was held last week to discuss the 17 2013 preliminary levies, along with North Metro Coalition/35W membership expenses. 18 19 City Administrator Ericson stated the Ramsey County League of Local Government was 20 scheduled to meet on Thursday, September 27, 2012 at the Irondale High School. However, 21 there was a strong possibility the meeting would be rescheduled. Information would be passed 22 along to the Council when available. 23 24 Council Member Mueller stated on Tuesday, October 2, 2012, there would be a candidate’s 25 debate at 7:00 p.m. at City Hall. She encouraged the residents of Mounds View to get out and 26 meet the candidates. 27 28 C. Reports of City Attorney. 29 30 City Attorney Riggs had nothing additional to report. 31 32 12. Next Council Work Session: Monday, October 1, 2012, at 7:00 p.m. 33 Next Council Meeting: Monday, October 8, 2012, at 7:00 p.m. 34 35 13. ADJOURNMENT 36 37 The meeting was adjourned at 9:08 p.m. 38 39 Transcribed by: 40 41 Heidi Guenther 42 TimeSaver Off Site Secretarial, Inc. 43 Item No: 11B Meeting Date: Oct 22, 2012 Type of Business: Reports City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Administrator Report REVISED 1. MN ASAP D iscussion Mounds View resident Bill Urbanski recently approached the City Council and requested that it consider adopting a resolution to urge our MN congressional delegation and the President to “shift federal funding priorities from war and the interests of the few, to meeting the essential needs of us all.” The organization Mr. Urbanski represents, MN Arms Spending Alternatives Project (MN ASAP), would like local groups, organizations, agencies, cities, etc., to adopt a resolution highlighting the costs of war and how much MN taxpayers have spent funding the war efforts. After listening to Mr. Urbanski’s presentation, the Council asked me to research some of the data and report back to them. The MN ASAP resolution relies on statistics from the National Priorities Project, a self- described nonprofit, nonpartisan federal budget research organization. I was unable to readily confirm or “fact-check” the data provided although I did not spend a great amount of time attempting to do so. It was clear from the beginning that I was not in a position to assess and analyze the Pentagon’s budget or levels of military spending associated with the war efforts in Iraq and Afghanistan. One of the Council members asked if the Council had a policy regarding taking stands on matters of the State or Nation. I indicated that while no policy exists to my knowledge, the City Council has a long-standing record of being apolitical—NOT taking a position on such matters unless there was a direct and tangible relationship to the City of Mounds View. Staff requests direction from the City Council regarding the MN ASAP resolution. 2. Continued Charter Commission Discussion Attached to this memo is an email sent to Charter Commission members Friday afternoon regarding their proposed changes to Chapter 8 of the City Charter. I had many questions and pointed out a few concerns which I hope they will consider. The next Charter Commission meeting is scheduled for November 14th. Respectfully submitted, ________________________ James Ericson City Administrator Item No: 11B Meeting Date: Oct 22, 2012 Type of Business: Reports City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Administrator Report 1. MN ASAP Discussion Mounds View resident Bill Urbanski recently approached the City Council and requested that it consider adopting a resolution to urge our Minnesota congressional delegation and the President to “shift federal funding priorities from war and the interests of the few, to meeting the essential needs of us all.” The organization Mr. Urbanski represents, Minnesota Arms Spending Alternatives Project (MN ASAP), would like local groups, organizations, agencies, cities, etc., to adopt a resolution highlighting the costs of war and how much MN taxpayers have spent funding the war efforts. After listening to Mr. Urbanski’s presentation, the Council asked me to research some of the data and report back to them. The MN ASAP resolution relies on statistics from the National Priorities Project, a self- described nonprofit, nonpartisan federal budget research organization. I was unable to readily confirm or “fact-check” the data provided although I did not spend a great amount of time attempting to do so. It was clear from the beginning that I was not in a position to assess and analyze the Pentagon’s budget or levels of military spending associated with the war efforts in Iraq and Afghanistan. One of the Council members asked if the Council had a policy regarding taking stands on matters of the State or Nation. I indicated that while no policy exists to my knowledge, the City Council has a long-standing record of being apolitical—NOT taking a position on State and Federal matters unless there was a direct and tangible relationship to the City of Mounds View. Staff requests direction from the City Council regarding the MN ASAP resolution. Respectfully submitted, ________________________ James Ericson City Administrator 412690v1 SJR MU125-11 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: October 18, 2012 To: James Ericson, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters. Review certification of assessment question and consult with City staff regarding same. Review request for utility bill abatement and consult with City staff regarding same. Matter is presently pending. MU125-12: Finance Department Matters. Review COBRA notification services agreement and provide comments to City staff. Matter is presently pending. MU210-162: Robert’s Bar. Consult with City staff regarding water service issues. Draft letter to landowner’s attorney concerning water service issues. Review report regarding incident at property. Matter is presently pending. MU210-164: Utility Franchise Matters. Consult with City staff regarding Xcel franchise renewal. Draft proposed Franchise and forward to Xcel and City staff for comment. Work with City staff and Xcel Energy regarding follow-up issues. Matter is presently pending. MU210-189: Coventry Senior Living Project. Review plat. Review revised plat and updated title commitment. Draft Limited Use Agreement and forward to City staff. Finalize updated plat opinion and forward to City staff. Consult with City staff regarding matter. Review Ordinance No. 858 and provide additional language to City staff. Review additional items necessary to finalize and record the plat. Mr. Jim Ericson October 18, 2012 Page 2 412690v1 SJR MU125-11 Revise instruction letter to title company. Review Development Agreement. Matter is presently pending. MU210-201: 2012 Modifications to TIF Districts Nos. 1, 2 and 3. Reviewed various resolutions and plan amendments relating to identifying parcels which may be acquired in certain existing TIF districts. Work is essentially complete. MU210-202: Health Care Facility Revenue Note (Apple Tree Dental). Beginning stages of process for issuing tax exempt 501(c)(3) conduit revenue bonds for Apple Tree Dental Clinic: review materials, consult with City staff, draft a possible timeline. Matter is presently pending. MU210-203: Silver Lake Road and County 10 Intersection Project. Review easement. Consult with City staff regarding same. Matter is presently pending. MU210-204: 2741 Hodges Lane – Bankruptcy – CM. Review bankruptcy notice and research regarding assessment issue. Matter is presently pending. SJR:jms