HomeMy WebLinkAboutAgenda Packets - 2012/11/26CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, November 26, 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
7. COUNCIL BUSINESS
A. 7:00 pm Public Hearing to Consider Resolution 8027 Giving Preliminary
Approval to the Proposed Issuance of a Health Care Facility Revenue Note
Under MN Statutes, Sections 469.152 through 469.1651, as amended
B. Resolution 8021, Abatement of Exterior Nuisance Code violations at 8379 Red
Oak Drive.
C. Resolution 8022, Considering Stormwater Infiltration Program Appeals in Area
F of the Street and Utility Improvement Program
D. Resolution 8023, Authorizing Stantec Consulting Services Inc. to Perform Final
Design and Prepare Bidding Documents for County Road H Sidewalk Project
E. Resolution 8026 Assigning General Fund Balance for Future Levy Reduction
and Stabilization
F. Resolution 8024, Accepting Work for Lambert Park Shelter Construction and
Authorizing Final Payment to Ebert Construction Company
G. Resolution 8025, a Resolution Rescinding Resolution 8018, to Correct a
Contribution Error to Marge Norquist’s Retirement Health Savings Plan
H. Resolution 8028, Approving Repairs and Improvements to the Gymnasium
Floor at the Community Center
8. CONSENT AGENDA
A. Set a Public Hearing for Monday December 10, 2012, 7:00 pm to Consider
Ordinance 875, a Franchise Agreement with Xcel Energy for Natural Gas
Operations in Mounds View
B. Set a Public Hearing for Monday December 10, 2012, 7:00 pm to Consider
Ordinance 876, a Franchise Agreement with Xcel Energy for Electric Operations in
Mounds View
City Council Agenda
Monday, November 26, 2012
Page 2
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. October 22, 2012, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Truth in Taxation Meeting: Monday, December 3, 2012, at 6pm
Next Council Work Session: Monday, December 3, 2012, at 7pm
Next Council Meeting: Monday, December 10, 2012, at 7pm
13. ADJOURNMENT
Item No: 7.A.
Meeting Date: November 26, 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 8027 Giving Preliminary Approval to the Proposed
Issuance of a Health Care Facility Revenue Note Under Minnesota
Statutes, Sections 469.152 Through 469.1651, as Amended
Introduction:
The City Council was presented with a proposal at the June work session by Apple Tree Dental to use
conduit debt financing to finance the acquisition, construction and equipping of an approximately 16,000
square foot building located at 2442 County Road 10 in the City to be used as a new clinic and
headquarters facility. Additional items have been added to the project to include the acquisition,
construction and equipping of an existing approximately 6,000 square foot clinic and office facility located
at 210 Wood Lake Drive in Rochester, Minnesota and refinance existing indebtedness incurred in
connection with the clinic facility located at 520 Main Street in Hawley, Minnesota. The preliminary note
amount is $8,500,000 and the City will receive a 1% issuance fee for the use of the City’s lending
authority. The City Council was supportive of moving forward with use of conduit debt financing at the
June work session and has subsequently approved a PUD amendment for the building at 2442 County
Road 10.
Discussion:
There are a number of steps that will need to happen before the Health Care Facility Revenue Note can
be issued. The first step is for the City Council to hold a public hearing, grant preliminary approval, and
receive approval from the Minnesota Department of Employment and Economic Development (DEED).
Final approval would occur at the December 10, 2012 Council meeting provided all required steps have
been completed.
The City Council is not obligated to issue the note by this resolution this is just one of the steps necessary
to move toward that objective. If at any time during the review process, the City Council determines that
this is not in the City’s best interest we can withdraw support for the note issuance. The City is
represented by Jenny Boulton as bond council from Kennedy & Graven.
Recommendation:
Staff recommends that Council review the information, ask questions and if comfortable approve
Resolution 8027.
Respectfully submitted,
________________________
Mark Beer
Finance Director
RESOLUTION 8027
CITY OF MOUNDS VIEW, MINNESOTA
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION GIVING PRELIMINARY APPROVAL TO THE PROPOSED ISSUANCE OF A
HEALTH CARE FACILITY REVENUE NOTE UNDER MINNESOTA STATUTES, SECTIONS
469.152 THROUGH 469.1651, AS AMENDED
BE IT RESOLVED by the City Council of the City of Mounds View, Minnesota (the “City”), as follows:
Section 1. Recitals.
1.01. Statutory Authorization. Minnesota Statutes, Sections 469.152 through 469.1651, as amended (the
“Act”), authorizes a city to issue revenue obligations to finance, in whole or in part, the cost of the acquisition,
construction, reconstruction, improvement, betterment, or extension of a “project,” defined in the Act, in part, as any
properties, real or personal, used or useful in connection with a revenue producing enterprise, or any combination
of two or more such enterprises engaged in any business.
1.02. Series 2012 Note. Apple Tree Dental, a Minnesota nonprofit corporation, (the “Borrower”), has
proposed that the City issue its Health Care Facility Revenue Note (Apple Tree Dental Project), Series 2012 (the
“Series 2012 Note”), in a principal amount not to exceed $8,500,000.
1.03. Project. The Borrower has proposed that the proceeds of the Series 2012 Note to be issued by the
City will be applied to (i) finance the acquisition, construction and equipping of an approximately 16,000 square foot
building located at 2442 County Road 10 in the City to be used as a new clinic and headquarters facility, (ii) finance
the acquisition, construction and equipping of an existing approximately 6,000 square foot clinic and office facility
located at 210 Wood Lake Drive in Rochester, Minnesota and (iii) refinance existing indebtedness incurred in
connection with the clinic facility located at 520 Main Street in Hawley, Minnesota (the “Project”); (ii) fund one or
more reserve funds; and (iii) pay the costs of issuance of the Series 2012 Note and other costs related to the
Project.
1.04. Public Hearing Required. Section 147(f) of the Internal Revenue Code of 1986, as amended (the
“Code”), and regulations promulgated thereunder, requires that prior to the issuance of the Series 2012 Note, the
City Council of the City (the “City Council”) approve the Series 2012 Note after conducting a public hearing thereon.
Section 469.154, subdivision 4, of the Act requires that prior to submitting an application to the Minnesota
Department of Employment and Economic Development (“DEED”) for approval of the Project, the City Council
must conduct a public hearing on the proposal to undertake projects authorized to be financed under the terms of
the Act.
1.05. Public Hearing Conducted. A notice of public hearing (the “Public Notice”) was published in the Sun
Focus, the official newspaper and a newspaper of general circulation in the City with respect to: (i) the required
public hearing under Section 147(f) of the Code; (ii) the required public hearing under Section 469.154, subdivision
4, of the Act; and (iii) approval of the issuance of the Series 2012 Note. The Public Notice was published on
November 8, 2012, which is a date at least 14 days before the date hereof. On the date hereof, the City Council of
the City conducted a public hearing at which a reasonable opportunity was provided for interested individuals to
express their views, both orally and in writing, with respect to the proposed issuance of the Series 2012 Note and
the location and nature of the Project.
Section 2. City Council Approvals.
2.01. Preliminary Approval. The City hereby gives preliminary approval to the Project. The issuance of
the Series 2012 Note in the original aggregate principal amount of approximately $8,500,000 to finance the Project
is hereby preliminarily approved subject to the approval of the Project by DEED as required by the Act and subject
to the mutual agreement of the City, the Borrower, and the initial purchaser of the Series 2012 Note as to the details
of the Series 2012 Note and provisions for its payment. In all events, it is understood, however, that the Series
2012 Note shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City
except the City’s interest in the loan or revenue agreement with respect to the Series 2012 Note and the Project,
and the Series 2012 Note, when, as, and if issued, shall recite in substance that the Series 2012 Note, including
interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment
thereof, and shall not constitute a general or moral obligation of the City.
The adoption of this resolution does not constitute a guaranty or firm commitment that the City will issue the
Series 2012 Note as requested by the Borrower. The City retains the right in its sole discretion to withdraw from
participation and accordingly not to issue the Series 2012 Note, or issue the Series 2012 Note in an amount less
that the amount referred to herein, should the City at any time prior to issuance thereof determine not to issue the
Series 2012 Note, or to issue the Series 2012 Note in an amount less than the amount referred to in the preceding
paragraph, or should the parties to the transaction be unable to reach agreement as to the terms and conditions of
any of the documents required for the transaction.
2.02. Approval of the Project. It is hereby found and determined that the Project furthers the purposes
set forth in the Act, and the Project constitutes a “project” within the meaning of Section 469.153, subdivision 2(d),
of the Act.
2.03. Submission of Project to DEED. In accordance with Section 469.154 of the Act, the City
Administrator of the City is hereby authorized and directed to submit the proposal for the Project to DEED. The City
Administrator and other officers, employees and agents of the City are hereby authorized to provide DEED with any
preliminary information needed for this purpose, and the City Administrator is authorized to initiate and assist in the
preparation of such documents as may be appropriate to the Project, if it is approved.
2.04. Approval of Bond Counsel. The law firm of Kennedy & Graven, Chartered, is authorized to act as
Bond Counsel and to assist in the preparation and review of necessary documents relating to the Project and the
Series 2012 Note issued in connection therewith. The Mayor, City Administrator, and other officers, employees,
and agents of the City are hereby authorized to assist Bond Counsel in the preparation of such documents.
Section 3. City’s Costs. The Borrower will pay any administrative fees of the City and pay, or, upon
demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the Project and
the issuance of the Series 2012 Note, whether or not the Series 2012 Note is issued.
Section 4. Effective Date. This Resolution shall be in full force and effect from and after its passage.
Approved by the City Council of the City of Mounds View, Minnesota, this 26th day of November, 2012.
Mayor
ATTEST:
City Administrator
(seal)
RESOLUTION 8022
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
CONSIDERING STORMWATER INFILTRATION PROGRAM APPEALS 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 (“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 adopted Resolution 7319 on August 18, 2008 which
established the components of the Stormwater Infiltration Program (“SIP”) to install
infiltration basins in the City right-of-way for stormwater management in conjunction with
the Program; and
WHEREAS, a SIP appeals process was established by the City Council on
August 25, 2008 which identified eleven physical parameters and four hardship
parameters that adjacent property owners must use as a basis for appealing the
decision to construct a proposed infiltration basin located in front of their property; and
WHEREAS, the City Council approved Resolution 7961 on June 25, 2012
authorizing Stantec to perform engineering design services for Area F of the Program,
including the determination of proposed infiltration basin locations; and
WHEREAS, seven property owners submitted SIP appeal applications for
consideration to approve or deny planned stormwater infiltration basins adjacent to their
properties; and
WHEREAS, engineering staff and the Committee reviewed the submitted
appeals on November 19, 2012 and Staff and the Committee both recommend denying
each appeal since no physical or hardship parameters exists for the planned infiltration
basin locations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. The SIP appeal submitted by Angella and Jason Hicks of 7551 Edgewood Drive
(SIP #09) is hereby denied.
2. The SIP appeal submitted by Ben and Jenny Cionca of 7944 Woodlawn Drive (SIP
#43) is hereby denied.
3. The SIP appeal submitted by Joan Sandidge of 7817 Bona Road (SIP #51) is
hereby denied.
4. The SIP appeal submitted by Michael Read of 2208 Lois Drive (SIP #72) is hereby
denied.
Resolution 8022
5. The SIP appeal submitted by Jerry Espeseth of 8005 Woodlawn Drive (SIP #76) is
hereby denied.
6. The SIP appeal submitted by John Stacy of 8000 Woodlawn Drive (SIP #78) is
hereby denied.
7. The SIP appeal submitted by William Werner, Jr. of 2442 Sherwood Road (SIP #87)
is hereby denied.
Adopted this 26th day of November, 2012.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(SEAL)
Basis of Appeals
Appeals must be based upon the following criteria:
A. Physical Parameters: Acceptable conditions upon which a physical parameter can be claimed
include:
A1. Contaminated Soils – infiltration swales will not be installed where known or suspected
contaminated soils exist.
A2. High Groundwater Elevation – infiltration swales will not be installed where the separation
between the bottom of swale and the groundwater table is less than the minimum distance
required by Rice Creek Watershed District.
A3. Impermeable Soils – infiltration swales will not be installed where in place soils do not
exhibit permeability rates high enough to promote infiltration.
A4. Potential Stormwater Hot Spot Land Uses – infiltration swales will be used with caution (per
the guidance in the Minnesota Stormwater Manual) in locations where runoff is generated
from land uses such as commercial, industrial, institutional, municipal, or transportation-
related operations that produce higher levels of stormwater pollutants, and/or present a
higher potential risk for spills, leaks, or illicit discharges.
A5. Relative Elevation – infiltration swales must be located downstream of impervious areas to
provide the intended benefit. An infiltration swale will not be located where an insufficient
volume of stormwater will reach it.
A6. Significant Trees – infiltration swales will not be located where they would have a direct
negative impact upon existing significant trees.
A7. Spacing – infiltration swales will be efficiently spaced throughout the project area and not
lumped in one location, leaving other suitable areas without treatment.
A8. Steep Slopes – infiltration swales will not be installed in locations where they cause
excessive slopes.
A9. Underground Utilities – infiltration swales will not be installed where conflict with existing
underground utilities result in the swale being cost prohibitive.
A10. Wellhead Protection – infiltration swales proposed in vulnerable wellhead protection areas
will follow guidance provided by the Minnesota Department of Health.
A11. Other Physical Parameters – infiltration swales will not be installed where any other physical
parameter would preclude their construction or function.
B. Hardship Parameters: Acceptable conditions upon which a hardship parameter can be claimed
include:
B1. Safety – an infiltration swale at a specific location raises safety concerns for the adjacent
property owner or other persons associated with the property.
B2. Maintenance – an infiltration swale at a specific location raises maintenance concerns for
the adjacent property owner due to their physical condition.
B3. Minimum Setback – an infiltration swale at a specific location encroaches within the required
setback to a given structure as defined in the City Code.
B4. Other Hardship – Any other hardship identified by the adjacent property owner.
Release Date:
Oct. 5, 2012
2401 HIGHWAY 10 MOUNDS VIEW, MN 55112
(763) 717-4050 FAX (763) 717-4019
www.ci.mounds-view.mn.us/publicworks
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I M P O R T A N T N O T I C E
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THE CITY OF MOUNDS VIEW IS PLANNING TO CONSTRUCT A STORMWATER INFILTRATION
BASIN (RAIN GARDEN) IN THE BOULEVARD IN FRONT OF YOUR PROPERTY
Your property is located on a street that the City of Mounds View will reconstruct next year with the 2013
Street and Utility Improvement Project – Area F. The City is required to improve the stormwater management
with the street reconstruction projects. This stormwater management includes constructing infiltration basins,
or rain gardens, in the grass area behind the street curb. This grass area (commonly referred to as the
boulevard) is owned by the City and typically extends ten to twenty feet behind the street curb and blends in
with your front yard.
The infiltration basin will collect part of the stormwater runoff from the new street, allowing it to infiltrate, or
soak back into the boulevard ground. You will still be required to maintain and mow the boulevard area in
front of your property, as you do now, which will include this infiltration basin after the project is complete.
There is no direct cost or special assessment to you for any part of this planned construction.
The City invites you to attend a public information meeting (as part of a regular Streets and Utilities Committee
meeting) to learn more about these infiltration basins and to provide you the opportunity to ask questions to
City staff and design engineers. The meeting details are as follows:
PUBLIC INFORMATION MEETING FOR
STORMWATER INFILTRATION BASINS IN AREA F
8:00 P.M. – MONDAY, OCTOBER 15, 2012
MOUNDS VIEW CITY HALL – 2401 HIGHWAY 10
If you cannot attend the meeting, it will be broadcast live and replayed on Channel 16. You may also stream
the meeting broadcast from the City’s website at www.ci.mounds-view.mn.us.
A Frequently Asked Questions (FAQ) - Stormwater Infiltration Program handout is enclosed for your review.
Much of the information in the FAQ handout will be covered and discussed at the public information meeting.
You can appeal the decision to construct this infiltration basin next to your property. The City has established
an appeal process that includes specific physical conditions or other potential hardships that the appeal must
be based upon. All appeals must be submitted by completing a Stormwater Infiltration Program (SIP) Appeal
Form. To be considered, all appeals must be received by the Public Works Department no later than 4:30 p.m.
on Tuesday, November 6, 2012.
All project information, including maps showing proposed infiltration basin locations and appeal forms, is
available at City Hall and via the Area F project webpage link at www.ci.mounds-view.mn.us/publicworks.
Public Works asks that you review this information and the FAQ handout prior to calling with general questions.
If you have specific questions after reviewing this information, please e-mail the Engineering staff at
publicworks@ci.mounds-view.mn.us or call 763-717-4050.
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Q1. What is the Stormwater Infiltration Program Q1. What is the Stormwater Infiltration Program Q1. What is the Stormwater Infiltration Program Q1. What is the Stormwater Infiltration Program ((((SIPSIPSIPSIP))))????
The Stormwater Infiltration Program, otherwise known as
SIP, is the City’s stormwater management approach to
complying with the current stormwater rules and
regulations when reconstructing streets. These rules and
regulations are mandated by the Clean Water Act and
enforced locally through the Minnesota Pollution Control
Agency and Rice Creek Watershed District (RCWD). The SIP
uses stormwater infiltration basins, or rain gardens, in the
City-owned boulevard to infiltrate, or soak, part of the
stormwater runoff into the ground. This reduces the
amount of runoff flowing into the City storm sewer that
ultimately discharges into Rice Creek and other natural
water bodies. The infiltration also allows the groundwater
aquifers to be replenished.
Q2. What Q2. What Q2. What Q2. What does a sdoes a sdoes a sdoes a stormwater infiltration basintormwater infiltration basintormwater infiltration basintormwater infiltration basin look likelook likelook likelook like????
A stormwater infiltration basin looks like a shallow
depression, or low area, in your front yard. The basin will
have lawn grass like the rest of your yard and be located
next to the street. The basin will be constructed in the
boulevard area of the City-owned Right-of-Way. The new
curb and gutter will have an opening that allows a portion
of the street runoff to be directed into the basin.
The basin width and length will vary based upon specific
site conditions, runoff area, and available Right-of-Way.
The bottom of the basins are typically 1 to 1-½ feet lower
than the top back of the curb, or 6 to 12 inches below the
curb opening. The side slopes from the curb top and
existing yard to the basin bottom will be no more than a
3:1 (horizontal to vertical) slope. This slope will allow for
better maintenance and blending into your existing yard.
Example of a stormwater infiltration basin
QQQQ3333.... What is the boulevard and RightWhat is the boulevard and RightWhat is the boulevard and RightWhat is the boulevard and Right----ofofofof----WayWayWayWay????
When land was developed and divided into individual lots,
the developer gave a portion of this land to the City to use
for streets, water, sewer, power, natural gas, telephone,
mail, and other public uses. This land is called Right-of-
Way and varies in width, but is typically 50 to 66 feet wide.
The streets are usually built in the middle of the Right-of-
Way. The area between the street edge and your property
line (where the Right-of-way ends) is called the boulevard.
This boulevard blends into your front yard and typically
extends 10 to 20 feet behind the street edge toward your
house. This boulevard area is where the infiltration basins
will be constructed.
Example of a rain garden
QQQQ4444. . . . What’s the difference between aWhat’s the difference between aWhat’s the difference between aWhat’s the difference between a stormwaterstormwaterstormwaterstormwater infiltration infiltration infiltration infiltration
basin and a rain garden?basin and a rain garden?basin and a rain garden?basin and a rain garden?
A rain garden is a stormwater infiltration basin that is
planted with flowers and shrubs instead of grass. The rain
garden functions the same as an infiltration basin, allowing
the stormwater runoff to infiltrate into the ground.
The City will construct infiltration basins with lawn grass as
part of the street reconstruction projects. If adjacent
property owners prefer to have a rain garden, they will be
responsible for the initial planting and on-going
maintenance of the rain garden. The City’s Public Works
Department has an Adopt-A-Rain Garden application form
that will need to be completed by property owners
interested in planting a rain garden before construction of
the infiltration basin is done.
NOV 2011
Stormwater infiltration basin just after construction
(tan area in basin bottom is seed and mulch)
Q5Q5Q5Q5. Is the City going to ta. Is the City going to ta. Is the City going to ta. Is the City going to take care of the infiltration basin?ke care of the infiltration basin?ke care of the infiltration basin?ke care of the infiltration basin?
Yes and no. The City will inspect the infiltration basins and
rain gardens on a regular basis to ensure that they function
as designed. The property owner is responsible for the on-
going regular maintenance of the infiltration basin or rain
garden, such as mowing, watering, weed control, leaf
raking, etc.
The City may clear debris, such as sand, from the curb
opening and monitor how quickly the collected stormwater
runoff infiltrates. Over time it may be necessary to improve
the infiltration rate if the collected runoff does not drain
after a few days. This may require aerating or loosening
the upper layer of soil, or even removing and replacing the
soil in the bottom of the basin. In either case, the City will
be responsible for restoring the basin with grass if this sort
of major maintenance is required.
It’s important that the nearby property owner take proper
care of the infiltration basin or rain garden. The entire
infiltration basin should be mowed and maintained like the
rest of the yard. During hot and dry weather periods, keep
the grass taller (2-½ to 3 inches long) and water when
showing signs of distress. It’s OK to fertilize and apply
weed control. Rain gardens need frequent tending for
weed control – shredded hardwood mulch works well for
weed control and does not float. Taking ownership and
good care of the infiltration basins will increase curb
appeal and allow the basin to function properly.
QQQQ7777. What will this cost me?. What will this cost me?. What will this cost me?. What will this cost me?
There is no direct cost or special assessment for
construction of the infiltration basins or street projects
(associated with the Street and Utility Improvement
Program). The cost to plant and landscape rain gardens
will be the responsibility of the property owner.
QQQQ8888. . . . What if I don’t want the infiltration basin constructed in What if I don’t want the infiltration basin constructed in What if I don’t want the infiltration basin constructed in What if I don’t want the infiltration basin constructed in
front of my property?front of my property?front of my property?front of my property?
In order to reconstruct the streets and comply with
regulatory mandates, the City has to construct a
predetermined number of infiltration basins. The locations
and dimensions of these infiltration basins are engineered
based upon various factors and evaluated using specialized
computer software. In short, the infiltration basins are
custom fit to each location and there is very little to no
wiggle room with eliminating any one of them.
However, there may be unusual or unique circumstances
specific to your property that the City is not aware. In
these cases, the City has established an appeal process
that includes specific physical conditions or other potential
hardships that the appeal must be based on. All appeals
must be submitted by completing the Stormwater
Infiltration Program Appeal Form available from the Public
Works Department. To be considered, all appeals must be
postmarked or submitted to the City by the deadline
established for each individual street project.
Q9. Where can I get more information?Q9. Where can I get more information?Q9. Where can I get more information?Q9. Where can I get more information?
To get specific information regarding the SIP or other street
reconstruction information, please visit the Public Works
webpage at www.ci.mounds-view.mn.us/publicworks. This
information is also available in person by visiting the Public
Works counter located at City Hall. Forms and applications
for the Adopt-A-Rain Garden and SIP Appeal are found at
either location.
There are many other resources available to learn more
about stormwater infiltration basins and rain gardens.
Several good websites are listed below:
www.bluethumb.org www.ricecreek.org
www.cleanwatermn.org www.pca.state.mn.us
www.land.umn.edu www.epa.gov
Project Contact InformationProject Contact InformationProject Contact InformationProject Contact Information
Project Project Project Project HotlineHotlineHotlineHotline----Voicemail:Voicemail:Voicemail:Voicemail:
(763) 717(763) 717(763) 717(763) 717----4055405540554055
to get project updates during construction and to
leave voicemail (checked several times daily)
www.ci.moundswww.ci.moundswww.ci.moundswww.ci.mounds----view.mn.us/publicworksview.mn.us/publicworksview.mn.us/publicworksview.mn.us/publicworks
Public Works DepartmentPublic Works DepartmentPublic Works DepartmentPublic Works Department::::
(763) 717(763) 717(763) 717(763) 717----4050405040504050
to speak with City staff during normal
business hours (M-F 7:30-4:30)
publicworks@ci.moundspublicworks@ci.moundspublicworks@ci.moundspublicworks@ci.mounds----view.mn.usview.mn.usview.mn.usview.mn.us
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Ü0 125 250 Feet
2013 Street and Utility Improvement Program - Area F
Preliminary Infiltration Feature Map - North
October 2012
V:\1938\active\193801526\GIS\Projects\Area F Preliminary Features 22x34 092812.mxd
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2013 Street and Utility Improvement Program - Area F
Preliminary Infiltration Feature Map - South
October 2012
V:\1938\active\193801526\GIS\Projects\Area F Preliminary Features 22x34 092812_south.mxd
Item No: 7D
Meeting Date: November 26, 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 8023, Authorizing Stantec Consulting Services Inc. to
Perform Final Design and Prepare Bidding Documents for County
Road H Sidewalk Project
Background:
The City has been pursuing improvements to the trailway and sidewalk system over the past few
years to make the community “walkable” and provide regional connections. The Comprehensive
Plan contains a citywide trailway and sidewalk map that shows existing and proposed trails and
walks (see attached). This is the official map to be used and referenced for any new trail or
sidewalk. Trails and sidewalks are constructed as stand-alone projects, or as part of street and
utility improvement projects if located adjacent to a street being reconstructed.
A sidewalk in the north boulevard of County Road H was proposed by Public Works as an alternate
to the proposed trail/sidewalk along Woodcrest Drive, between Silver Lake Road and Long Lake
Road, during Area E discussions at a Streets and Utilities Committee meeting last fall. The
Committee agreed with Public Works that County Road H would be a more suitable location, but
thought the Parks and Recreation and Forestry Commission should also consider the proposal.
The Commission also agreed that the County Road H option was far better and further
recommended that the sidewalk be extended to Edgewood Drive to accommodate the middle
school pedestrian traffic. Currently, sidewalk exists in the south boulevard (New Brighton side) of
County Road H between Silver Lake Road and Edgewood Drive.
The proposal for a sidewalk along County Road H was not included in the Area E project due to
project schedule and winter weather conditions (for surveying). In May 2012, the City Council
authorized Stantec to perform preliminary engineering design services for a proposed sidewalk
between Silver Lake Road and Edgewood Drive (Res. 7935). Stantec completed the preliminary
design services in summer 2012, including a topographic survey, base drawing, sidewalk layout,
cost estimate, and identification of potential issues and conflicts. The sidewalk layout map and
proposed typical section is attached to this report.
The preliminary layout and details were reviewed with the Parks Commission in June 2012, and a
public information meeting was held in conjunction with the Parks Commission meeting in July
2012. All adjacent 26 property owners were mailed a notice of the meeting and invited to attend.
Approximately 20 individuals attended the Commission meeting and provided feedback to the
Commission. With several exceptions, property owners appeared to be open minded about the
proposed sidewalk. It is likely that having the sidewalk immediately adjacent to a new curb and
gutter, coupled with knowing that Public Works will be responsible to clear the sidewalk of snow,
provided some relief to the adjacent property owners. The Parks Commission unanimously
recommended moving ahead with the proposed sidewalk at that meeting.
Discussion:
Public Works has been coordinating details of the proposed sidewalk with Stantec and Ramsey
County Public Works over the past few months. The City will need to get approval from Ramsey
County to construct and maintain the sidewalk within their County Road H right-of-way. Ramsey
County has a cost-share policy for new sidewalks initiated by municipalities where they will
contribute 25% of the construction costs. There are proposed changes to this cost-share policy to
Res. 8023, Auth. Stantec to Perform Final Design for Co. Road H Sidewalk Project
Page 2
increase this participation to 50%, however, the Ramsey County Commissioners have not approved
this proposal to date.
Mn/DOT may also provide funding for the sidewalk improvements through a Safe Routes to School
Program grant. This competitive grant is focused on improving safety conditions and the quality of
bicycling and walking routes to school. These grants provide 100% federal funding for
infrastructure projects located within two miles of a school with students in grades K-8 ranging in
cost from $100,000 to $300,000. Since Sunnyside Elementary and Edgewood Middle School are
both adjacent to the sidewalk and the latest estimated construction cost estimate is approximately
$229,000, this project appears to have a good shot at obtaining monies from this grant source.
Grant applications are due February 15, 2013.
Public Works solicited Stantec to provide a proposal to perform final design and prepare bidding
documents for this proposed sidewalk in the north boulevard of County Road H between Silver
Lake Road and Edgewood Drive. Stantec has provided a proposal fee of $28,000 to perform
professional services associated with this phase. Preliminary design work already done will be
used and further developed into final design. Compensation will be based upon actual hours
worked plus reimbursable expenses for a maximum estimated fee of $30,000. The 2012 budget
and proposed 2013 budget each include $104,000 under the Special Projects fund for the pathway
construction program.
Recommendation:
Staff recommends that the City Council adopt the attached resolution authorizing Stantec to
perform final design and prepare bidding documents for a proposed sidewalk in the north boulevard
of County Road H between Silver Lake Road and Edgewood Drive.
Respectfully submitted,
Nick DeBar - Public Works Director
Attachments:
• Resolution 8023
• Proposed Sidewalk Layout Map
• Typical Section
RESOLUTION 8023
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING STANTEC CONSULTING SERVICES INC. TO PERFORM
FINAL DESIGN AND PREPARE BIDDING DOCUMENTS FOR COUNTY ROAD H
SIDEWALK PROJECT
WHEREAS, the Comprehensive Plan includes a trail and sidewalk map to be used
for development and improvement of a citywide trailway system; and
WHEREAS, the Public Works Department, Parks and Recreation and Forestry
Commission (Parks Commission), and the Streets and Utilities Committee (Streets
Committee) all recommend a sidewalk in the north boulevard of County Road H between
Silver Lake Road and Edgewood Drive; and
WHEREAS, the City Council authorized Stantec to perform preliminary design for
the proposed sidewalk along County Road H (Res. 7935); and
WHEREAS, a public information meeting was held in July 2012 and adjacent
property owners were invited to learn about the proposed sidewalk and provide feedback to
engineering staff and the Parks Commission; and
WHEREAS, cost-share opportunities for construction of the proposed sidewalk
exists with Ramsey County and grant monies may be available from the Safe Routes to
School Program; and
WHEREAS, Stantec provided a fee proposal for $28,000 to perform final design and
prepare bidding documents for the proposed County Road H sidewalk project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
1. The fee proposal submitted by Stantec to perform final design and prepare bidding
documents for the County Road H sidewalk is hereby accepted by the City.
Compensation will be on an hourly basis plus reimbursable expenses for $28,000 with a
maximum estimated fee of $30,000 for said services.
2. The Director of Public Works is authorized to execute and enter into a professional
services agreement, for and on behalf of the City, with Stantec for said services.
Adopted this 26th day of November, 2012.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(SEAL)
Greenwood DriveLong Lake RoadBona RoadIrondale RoadEdgewood DriveLongview DriveRed Oak DriveSunnyside RoadBrighton LaneRainbow LaneEastwood RoadGreenwood DriveSilver Lake RoadLong Lake RoadCounty Road H
DATE:COMM:V:\1938\ACTIVE\193800504\CAD\DWG\193800504F01.DWG
LOCATION PLAN
CITY OF MOUNDS VIEW, MINNESOTA
PROPOSED COUNTY ROAD H SIDEWALK
FIGURE 1
PROPOSED
SIDEWALK
ALIGNMENT
Item No. 7.E.
Meeting Date: November 26, 2012
Type of Business: Council Business
City Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 8026 Assigning General Fund Balance for Future
Levy Reduction and Stabilization
Background:
The Governmental Accounting Standards Board (GASB) passed GASB Statement 54 which
affected fund balance and fund types. The City implemented GASB 54 in 2011. The City
closed the Levy Reduction Fund and reclassified the Vehicle and Equipment Special Revenue
Fund and committed General Fund balance as part of the implementation.
Discussion:
The initial guidance for “committing” fund balance provided the City Council the opportunity to
place a higher standard on the use of the former Levy Reduction funds. Subsequent guidance
has clarified that guidance and the Levy Reduction funds no longer meet those criteria. The
City Council can “assign” fund balance which is the next standard for the use of the former Levy
Reduction funds. The bottom line is that it will take a council action under either of the below
standards to change the intended use of the Levy Reduction funds.
Committed - Specific purposes pursuant to constraints imposed by formal action of the
government’s highest level of decision making authority.
Assigned - Constrained by the government’s intent to be used for a specific purpose
but are neither restricted or committed.
Resolution 7824 established the method of calculating the amount of fund balance that would
be set aside for levy reduction. The initial resolution provided for a maximum annual draw down
of the set aside fund balance to no more than ten percent (10%) of the subsequent years
budgeted expenditures. The 10% amount was by Council consensus and can be changed in
the future by resolution at the Council’s direction. The “Assigned” balance will be determined by
taking the prior year assigned amount, adding interest on that balance, and deducting the
Council designated budget amount for the current year. The amount for 2012 will be
$6,292,906 + interest $52,280 (approx.) – Council designated transfer $250,000 = $6,096,186.
Conclusion
Staff recommends approval of resolution 8026 assigning General Fund balance for levy
reduction/stabilization.
Respectfully Submitted,
Mark Beer, Finance Director
RESOLUTION NO. 8026
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Assigning General Fund Balance for Future Levy Reduction and Stabilization
WHEREAS, the City desires to maintain accounting records that follow Generally
Accepted Accounting Principles (GAAP); and
WHEREAS, the City Council would like to maintain the intent of the former Levy
Reduction Special Revenue Fund; and
WHEREAS, the City Council previously “Committed” fund balance in Resolution 7824;
and
WHEREAS, additional guidance has been provided by the Government Finance
Officers’ Association (GFOA) as to requirements for establishing committed fund balance; and
WHEREAS, the amount previously committed for levy reduction does not meet those
criteria but does meet the criteria for assignment; and
WHEREAS, the City Council would like to “Assign” General Fund balance for future levy
reduction/stabilization and has established that use of assigned fund balance can be no more
than ten percent (10%) of the subsequent years budgeted expenditures; and
WHEREAS, 2012 and future assigned amounts will be calculated by adding to the
preceding years’ amount a proportional amount of interest and deducting the council designated
budget transfer to determine the current years’ assigned amount; and
WHEREAS, future councils are not limited by this assignment if circumstances change
and can modify this assignment by rescinding and passing a new resolution.
NOW THEREFORE, BE IT RESOLVED by the Mounds View City Council that General
Fund Balance is Assigned for future levy reduction and stabilization based on the above formula
and future use of assigned fund balance is limited to no more than ten percent (10%) of
subsequent budgeted expenditures.
Adopted this 26th day of November 2012.
__________________________
Joe Flaherty, Mayor
ATTEST:
__________________________
Jim Ericson, City Administrator
(SEAL)
Item No: 7F
Meeting Date: November 26, 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 8024, Accepting Work for Lambert Park Shelter
Construction and Authorizing Final Payment to Ebert Construction
Company
Background/Discussion:
Ebert Construction Company of Corcoran, Minnesota submitted the lowest responsible combined
bid for $328,204 at the August 4, 2011 bid opening for construction of a new shelter building at
Lambert Park. Ebert was awarded a construction contract on August 8, 2011 (Res. 7817) for the
project and began construction during late 2011 which extending into 2012. A 5% construction
contingency of $16,400 was also approved at time of award, of which only $8,130.17 was used for
construction extras.
A final inspection was performed earlier this year that generated a few construction punch list
items and identified closeout documents needed for final acceptance. Ebert has completed the
punch list and submitted the needed closeout documents, whereby meeting all requirements of the
contract documents in a satisfactory manner. The City has been withholding 3.25% of the value of
all completed work that Ebert has performed, pending completion of the punch list and other
closeout requirements. The following is a summary of the final construction costs:
Original Contract Amount: $ 328,204.00
Change Orders (3): + $ 8,130.17
Final Construction Cost: $ 336,334.17 $8,269.83 below construction budget
The remaining payment amount owed to Ebert Construction Company is $3,641.58.
All work has a warranty period of one year from the date of substantial completion (May 16, 2012),
during which time Ebert will be required to repair all defects resulting from any faulty workmanship
or defective materials, at no cost to the City. Some equipment and other building components
have a longer warranty associated with the manufacturer. In addition, Ebert has provided consent
of surety to final payment issued by their bonding company.
Recommendation:
City staff recommends that the City Council approve the attached resolution to accept construction
work of, and release final payment for, the Lambert Park Shelter Construction project. The final
payment of $3,641.58 is processed under “Payment of Claims” for the November 26, 2012
meeting under Park Dedication Fund.
Respectfully submitted,
Nick DeBar - Public Works Director
Attachments:
• Resolution 8024
RESOLUTION 8024
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ACCEPTING WORK FOR LAMBERT PARK SHELTER CONSTRUCTION AND
AUTHORIZING FINAL PAYMENT TO EBERT CONSTRUCTION COMPANY
WHEREAS, the existing Lambert Park building was built approximately thirty years ago
as a garage, then converted into a warming house in 1987, and was in need of replacement;
and
WHEREAS, TKDA was authorized by the City Council on May 9, 2011 to design and
prepare bidding documents for the Lambert Park building demolition and reconstruction (Res.
7780); and
WHEREAS, the City Council approved bidding documents and authorized
advertisement for bids for the project on July 27, 2011 (Res. 7806); and
WHEREAS, seven sealed bids were received on August 4, 2011 ranging from
$307,800 to $439,000 for the Base Bid; $11,304 to $27,800 for Alternate No. 1; $735 to
$2,800 for Alternate No. 2; $8,365 to $13,908 for Alternate No. 3; and $9,015 to $10,700 for
Alternate No. 4; and
WHEREAS, Ebert Construction of Corcoran, Minnesota submitted the low bids for the
Base Bid and Alternate No. 1, 2, and 3 for a combined total bid price of $328,204; and
WHEREAS, the City Council awarded a construction contract for the project to Ebert
Construction Company for $328,204 on August 8, 2011 (Res. 7817); and
WHEREAS, Ebert Construction Company has successfully completed all project
construction and met all other contract requirements for the project for a final construction cost
of $336,334.17; and
WHEREAS, City staff and TKDA recommend accepting the completed construction
work and issuing final payment for $3,641.58 to Ebert Construction Company.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
1. All work completed under the contract between the City and Ebert Construction Company
for construction of the Lambert Park Shelter Project is hereby accepted and approved.
2. The Finance Director is authorized to issue final payment of $3,641.58 to Ebert
Construction Company for completing construction of the project.
Adopted this 26th day of November, 2012.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 07G
Meeting Date: November 26, 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 8025, a Resolution Rescinding Resolution 8018,
to Correct a Contribution Error to Marge Norquist’s
Retirement Health Savings Plan (RHSP)
Background/Discussion
On November 13, 2012, the City Council approved Resolution 8018, which approved a sick
time payout totaling $4,233.10 to Marge Norquist’s RHSP. This was calculated at 414.40
accrued/unused sick hours times 50% times her hourly rate of $20.43. This was calculated
incorrectly. Ms. Norquist is authorized $5,503.02 and not $4,233.10. According to Section
3.45 of the Personnel Manual:
Employees who had completed ten years of service by January 1, 2008, qualify for
enhanced sick leave payout. Upon separation, qualifying employees shall contribute
100% of their eligible sick leave to their RHSP. The enhanced sick leave payout is
equal to 65% of an employee’s sick leave balance.
Ms. Norquist has been employed with the City since 1997. Ms. Norquist should have
received $5,503.02, which is calculated at 414.40 accrued/unused sick hours times 65% her
hourly salary of $20.43. In order to correct this error, the City must rescind Resolution 8018.
Marge Norquist’s vacation payout is correct on Resolution 8018, which approved a vacation
payout totaling $923.03. This is calculated as 45.18 times her hourly rate of $20.43.
Recommendation
Staff recommends rescinding Resolution 8018, and approving Resolution 8025. Resolution
8025 is a Resolution of correction to Marge Norquist’s RHSP contribution.
Respectfully submitted,
_______________________
Desaree Crane
RESOLUTION NO. 8025
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RESCINDING RESOLUTION 8018, TO CORRECT A
CONTRIBUTION ERROR TO MARGE NORQUIST’S
RETIREMENT HEALTH SAVINGS PLAN (RHSP)
WHEREAS , on November 13, 2012, the City Council approved Resolution 8018,
which approved a sick time payout totaling $4,233.10 to Marge Norquist’s RHSP; and
WHEREAS, the $4,233.10 contribution was calculated incorrectly; and
WHEREAS, according to Section 3.45 of the Personnel Manual, employees
who completed ten years of service by January 1, 2008, qualify for an enhanced sick leave
payout equal to 65% of an employee’s sick leave balance; and
WHEREAS, Ms. Norquist has been employed with the City since 1997; and
WHEREAS, Ms. Norquist should have received $5,503.02 contributed into her
RHSP, which is calculated at 414.40 accrued/unused sick hours times 65% her hourly
salary of $20.43; and
WHEREAS, Ms. Norquist’s vacation payout is correct on Resolution 8018,
which approved a vacation payout totaling $923.03, which was calculated as 45.18
accrued/unused vacation hours times her hourly rate of $20.43; and
WHEREAS, Resolution 8018 must be rescinded to correct the error to Ms.
Norquist’s RHSP contribution.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
hereby rescinds Resolution 8018, and approves a revised one-time payout of sick time not
to exceed $5,503.02 into Ms. Norquist’s Retirement Health Savings Plan in accordance
with Section 3.45 of the Mounds View Personnel Manual.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View
City Council approves a one-time payout of vacation time, as it was stated in Resolution
8018, to Ms. Norquist, not to exceed $923.03, consistent with Section 3.47 of the Mounds
View Personnel Manual.
Adopted this 26th day of November, 2013.
________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
James Ericson, City Administrator
(seal)
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
October 22, 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, October 22, 2012, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, October 22, 2012, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
Herb Zwirn, 7660 Greenfield, provided an update on two concerns he previously discussed with 30
the Council explaining neither had been addressed. He indicated he received a letter from City 31
Administrator Ericson stating the water billing was justified and that he owned the City money. 32
An explanation was not offered by the City and the tree and weed growth was not mentioned. 33
34
Mr. Zwirn commented that two months later he received a letter from a collection agency 35
indicating he owed the City money. He responded to the collection agency and provided the 36
information requested. The agency accepted his position and withdrew the collection process. 37
Mr. Zwirn thought the matter was handled at that time. However, upon receiving his property 38
tax statement, there were charges against him from the City of Mounds View. After speaking 39
with the State of Minnesota, he was told his options at this time were to pay the taxes, speak with 40
the City Council, or take legal action. Mr. Zwirn expressed frustration with the City and how 41
this situation had been handled. He requested the Council address this matter, in conjunction 42
with the weed and tree issues. Mr. Zwirn accused the City Administrator of doing an “end 43
around.” 44
45
Mounds View City Council October 22, 2012
Regular Meeting Page 2
Mayor Fl aherty did not appreciate the accusation on City Staff and requested that City 1
Administrator Ericson have a moment to respond. 2
3
Finance Director Beer commented that the City of Mounds View does not use a collection 4
agency. He indicated that statement was fraudulent and was not sent by the City. Mr. Zwirn 5
noted he could provide the City with a copy of the letter. 6
7
City Administrator Ericson explained the water line for Mr. Zwirn was on an assessment roll. 8
Mr. Zwirn requested the matter be reviewed, and after review by the Council, the assessment 9
proceeded. There was no “end around” with this matter. The same procedure was followed for 10
all overdue or outstanding utility bills last year. He stated a letter was then sent to Mr. Zwirn 11
stating the matter would proceed as an assessment. 12
13
Mr. Zwirn stated he could provide City Staff with copies of all of the documentation for this 14
matter. He indicated this building has been vacant and the water usage has not increased, which 15
led him to question the water bills. 16
17
Mayor Flaherty stated the documentation would be useful in resolving the matter. He recalled 18
that after inspecting the meter for Mr. Zwirn it was found to be operating correctly. He requested 19
Staff review the water meter and weed issue further on the property and report back to the 20
Council. 21
22
6. SPECIAL ORDER OF BUSINESS 23
A. Certificate of Appreciation – Eagle Scout Caleb Anderson 24
25
Mayor Flaherty read a Certificate of Appreciation for Eagle Scout Caleb Anderson thanking him 26
for planning and developing landscaping improvements for the City Hall campus. 27
28
B. Donation Presentation by the Mounds View Festival in the Park Committee 29
30
Assistant City Administrator Crane commented two members from the Festival in the Park 31
Committee were present this evening to provide the City with a donation for K-9 Officer Niko. 32
33
Theresa Cermak explained donations were accepted this year at Festival in the Park to assist with 34
offsetting the expense of the City’s K-9 unit. She proudly presented the City with a check for 35
$312.05. 36
37
The Council and Staff offered up a round of applause. 38
39
Police Chief Kinney thanked the Festival in the Park Committee for their generosity along with 40
everyone who contributed at this year’s event. 41
42
Mayor Flaherty thanked all of the Festival in the Park volunteers for their assistance and planning 43
the event on a yearly basis. 44
45
Mounds View City Council October 22, 2012
Regular Meeting Page 3
7. COUNCIL BUSINESS 1
A. Water Bill Discussion for 6942 Pleasant View Drive. 2
3
Finance Director Beer stated this item was discussed at the October 8, 2012 Council meeting. 4
The proposed assessment against this property was in question by the property owner and she 5
requested it be forgiven. The Council requested further information from Staff, which was 6
provided to the Council prior to this meeting. He requested the Council discuss the matter 7
further and provide direction to Staff on how to proceed. 8
9
Becky Ness, 6942 Pleasant View Drive, thanked the Council for reviewing this matter further 10
and appreciated Staff for gathering her account information. 11
12
Dick Combin, 2832 Woodcrest Drive, asked if the water meter could have been “stuck” based on 13
the deposits in the water. He stated meters were supposed to be checked at three different levels. 14
Finance Director Beer commented if the meter would have “stuck,” the reading would have been 15
lower and not higher. Public Works Director DeBar indicated the City did follow the proper 16
testing procedures. 17
18
Mayor Flaherty questioned when the first letters were sent to Ms. Ness. Ms. Ness indicated the 19
first letter was sent back on April 12, 2004, and that four letters were sent in total. 20
21
Mayor Flaherty asked when the City was allowed to replace the reader. Finance Director Beer 22
indicated this work was completed on May 15, 2008. 23
24
Mayor Flaherty inquired why it took four years for the work to be completed. Ms. Ness stated 25
her husband did contact the City on two occasions and received no response. 26
27
Mayor Flaherty noted the City did try to gain access to the property over a four year period. He 28
stated the average use for this property was 25 units per quarter. If the property had used 29
1,000,000 gallons over the four years, the property would have used 47 units per quarter. He 30
commented the numbers didn’t seem too far off. 31
32
Ms. Ness asked if the City could reach a compromise with her applying an average based on her 33
actual use and not the 1,000,000 gallons. 34
35
Finance Director Beer commented no interest, late fees or sewer charges were included in this 36
bill. He stated the City has been working with Ms. Ness to resolve this issue. 37
38
Ms. Ness indicated she has paid $518 on the outstanding bill and that there was still $900 39
remaining in the balance. She expressed frustration that the City had no proof that the water was 40
used. 41
42
Mayor Flaherty explained the City had to decide if 947 units of water ran through her meter. He 43
stated the Council knows that the meter tested positively. He questioned how the Council would 44
like to proceed on this matter. 45
Mounds View City Council October 22, 2012
Regular Meeting Page 4
1
Council Member Stigney was in favor of following the City Attorney’s recommendation. The 2
City Attorney’s comments were reviewed with Ms. Ness. 3
4
Council Member Hull stated he did have a toilet that ran constantly and this did increase his 5
water bill dramatically. He commented this could be the case with the Ness family and could 6
account for the water used. He added that the lack of response was also a concern to him. 7
8
Council Member Mueller reviewed the water usage for Ms. Ness on a quarterly basis for the 9
years 2000 and 2001. She noted several quarters did have usage over 47 units. She did not feel 10
it was right to ask another resident to cover the expense of this outstanding water bill. She 11
commented the City was generous in not adding late fees or interest. She apologized for the 12
problem with the water meter and wished the issue would have been resolved in a more timely 13
manner. 14
15
Ms. Ness did not understand that she was asking her neighbors to cover her water bill. That was 16
not her intention. 17
18
Finance Director Beer commented the water meter for Ms. Ness was replaced in 1998. He 19
reported the City received regular readings each quarter from that time until 2004. For this 20
reason, he felt it was highly unlikely that the meter “stuck”. 21
22
Council Member Gunn indicated the test results for the meter were clear. She noted the water 23
consumption was clear and she would have to agree with the Council on this matter. 24
25
Mayor Flaherty found it difficult to come up with findings of fact with this case. He stated the 26
numbers were not far off and it was apparent that Ms. Ness used more than the estimated 25 units 27
of water per quarter over the four years in question. He had to follow the recommendations of 28
Staff based on the water meter test results and the information presented this evening. He 29
apologized for the situation. 30
31
Ms. Ness asked she could work out a payment plan with the City. Finance Director Beer stated 32
the outstanding amount was scheduled to be certified with the County to be assessed against Ms. 33
Ness’ property. In order to reverse this, the Council would need to remove this item from the 34
pending assessment roll. He did not recommend establishing a payment plan as no progress has 35
been made over the past 15 months. 36
37
City Administrator Ericson requested the Council make a formal motion on this issue. 38
39
MOTION/SECOND: Mueller/Hull. To Deny the Request of Resident Becky Ness at 6942 40
Pleasant View Drive for an Adjustment to her Water Bill. 41
42
Ayes – 5 Nays – 0 Motion carried. 43
44
Mounds View City Council October 22, 2012
Regular Meeting Page 5
B. Resolution 8003, Authorizing a Step Wage Adjustment for Public Services 1
Officer (PSO) Craig Swalchick. 2
3
Mayor Flaherty stepped out of the Council chambers at 7:55 p.m. 4
5
Assistant City Administrator Crane stated that Public Services Officer Craig Swalchick was a 6
current employee with the City of Mounds View, with the Mounds View Police Department. 7
She explained Officer Swalchick’s supervisor has reviewed his performance and determined he 8
has performed satisfactorily. Staff recommends a step wage adjustment with an effective date of 9
October 26, 2012. 10
11
Mayor Flaherty returned to the meeting at 7:57 p.m. 12
13
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8003, 14
Authorizing a Step Wage Adjustment for Public Services Officer (PSO) Craig Swalchick. 15
16
Ayes – 5 Nays – 0 Motion carried. 17
18
C. Resolution 8004, Approving the PUD Agreement for the Coventry Senior 19
Living Development. 20
21
Planning Associate Heller reviewed the Planned Unit Development (PUD) Agreement for the 22
Coventry Senior Living Development with the Council. She explained the PUD zoning offered 23
greater flexibility for this development. She noted the three parcels within this development 24
were just over two acres in size. Staff recommended approval of the PUD agreement. 25
26
Mayor Flaherty requested an update on this development. Planning Associate Heller reported 27
this was a big project and the properties were at the title companies at this time. 28
29
Council Member Mueller requested Staff to work with the developer on the placement of a 30
monument sign in front of the building to assure the placement did not obstruct sight lines for 31
traffic. Planning Associate Heller reviewed the potential location of the monument sign with the 32
Council stating it would have to be 15 feet back from County Highway 10. 33
34
Council Member Mueller questioned if Ramsey County would be working with the developer on 35
the deceleration lane. City Administrator Ericson stated it would be in the County’s best 36
interests to work with the developer on this issue as the developer would be covering the 37
expense. Planning Associate Heller commented the County has been made aware of this 38
development and the necessary turn lane. 39
40
Mayor Flaherty suggested the developer be proactive on this issue and only involve the City if 41
the County was unresponsive. 42
43
Mounds View City Council October 22, 2012
Regular Meeting Page 6
Council Member Gunn asked if the 10 foot wide trail would be used by employee vehicles. 1
Planning Associate Heller indicated this access would be used as a trail or for emergency 2
vehicles. Signage could be posted by Coventry if this becomes a concern. 3
4
Council Member Mueller inquired the number of entrances to underground garage. Planning 5
Associate Heller explained there was only one entrance/exit point. 6
7
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8004, 8
Approving the PUD Agreement for the Coventry Senior Living Development. 9
10
Ayes – 5 Nays – 0 Motion carried. 11
12
D. Resolution 8005, Adopting a Special Assessment Levy for a Private 13
Improvement at 5086 Silver Lake Road. 14
15
Finance Director Beer stated the resident at 5086 Silver Lake Road had an issue with their sewer 16
line, which affected their retaining wall and sidewalk. The resident was unable to make the 17
repair. The resident approved of the City hiring a contractor to make the repairs, which totaled 18
$5,910. Staff recommended this amount be assessed over five years at 5.5%. 19
20
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8005, 21
Adopting a Special Assessment Levy for a Private Improvement at 5086 Silver Lake Road. 22
23
Ayes – 5 Nays – 0 Motion carried. 24
25
E. Resolution 8006, Approving a Non-Standard Street Design for Hillview Road 26
in Area F of the Street and Utility Improvement Program. 27
28
Public Works Director DeBar stated that the City was working to design Area F of the City’s 29
Street and Utility Improvement Program. He reviewed the portion of the City included in Area F 30
stating Hillview Road would be a non-standard street and would have to follow MSA standards. 31
Staff and consultants from Stantec reviewed the proposed roadway designs with the surrounding 32
residents and Street Committee. He thanked the residents for providing feedback through this 33
process. He then discussed the proposed roadway width, bike lane/sidewalk, signage, and south 34
side on-street parking in detail. Staff recommended approval of the non-standard street design 35
for Hillview Road. 36
37
Council Member Mueller asked if the Streets Committee supported the design. Public Works 38
Director DeBar indicated this design has unanimous support of the Street Committee. 39
40
Mayor Flaherty asked if the sidewalk would be located on the north or south side of the roadway. 41
Public Works Director DeBar indicated the sidewalk would be on the north side of the roadway. 42
43
Mounds View City Council October 22, 2012
Regular Meeting Page 7
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 8006, 1
Approving a Non-Standard Street Design for Hillview Road in Area F of the Street and Utility 2
Improvement Program. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
F. Resolution 8007, Approving a Non-Standard Street Design for Edgewood 7
Drive in Area F of the Street and Utility Improvement Program. 8
9
Public Works Director DeBar stated that the City was working to design Area F of the City’s 10
Street and Utility Improvement Program. He reviewed the portion of the City included in Area F 11
stating Edgewood Drive would be a non-standard street and would have to follow MSA 12
standards. Staff and consultants from Stantec reviewed the proposed roadway designs with the 13
surrounding residents and Street Committee. He discussed the proposed roadway width, bike 14
lane/sidewalk, signage, and on-street parking in detail. He commented the proposed design was 15
unanimously approved by the Street Committee. Staff recommended approval of the non-16
standard street design for Edgewood Drive. 17
18
Mayor Flaherty asked if the sidewalk outside of City Hall would be maintained. Public Works 19
Director DeBar stated this sidewalk would remain in place. 20
21
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8007, 22
Approving a Non-Standard Street Design for Edgewood Drive in Area F of the Street and Utility 23
Improvement Program. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
8. CONSENT AGENDA 28
29
None. 30
31
9. JUST AND CORRECT CLAIMS 32
33
Finance Director Beer answered the Council's questions related to claims. He noted this was the 34
last set of Just and Correct Claims that would be prepared by Ms. Norquist. He thanked Marge 35
Norquist for her many years of dedicated service to the City of Mounds View. 36
37
MOTION/SECOND: Gunn/Stigney. To Approve the Just and Correct Claims as presented. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
10. APPROVAL OF MINUTES 42
A. September 24, 2012, City Council Meeting Minutes. 43
Mounds View City Council October 22, 2012
Regular Meeting Page 8
1
MOTION/SECOND: Mueller/Stigney. To Approve the September 24, 2012, City Council 2
meeting minutes as presented. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
7
11. REPORTS 8
A. Reports of Mayor and Council. 9
10
Council Member Mueller commented the Ramsey County League of Local Government meeting 11
would be held on Thursday, October 25th and the guest speaker would be Craig Rapp and the 12
topic of discussion would be “Lean Thinking”. 13
14
Council Member Mueller indicated the Ramsey County League of Local Government would 15
meet again on Thursday, November 15th and the topic of discussion would be an election recap 16
with local impacts. 17
18
Council Member Mueller stated after the evaluation of the 2012 Festival in the Park, officers for 19
the 2013 event were established. In addition, next year’s event date was selected to be Saturday, 20
August 17, 2013. She was pleased with the evaluation process and encouraged those interested 21
in assisting with the event to volunteer. She stated the next meeting would be held on November 22
14th at City Hall. 23
24
Mayor Flaherty reviewed highlights from the most recent Mounds View Business News. 25
26
B. Reports of Staff. 27
28
City Administrator Ericson stated Staff was approached by Bill Urbanski to consider a resolution 29
proposed by Minnesota Arms Spending Alternatives Project (ASAP). The resolution would shift 30
federal funds from the war, or the minority, to providing needs for the majority. He commented 31
he tried to research the matter further and was not successful in verifying the information. He 32
requested the Council review the resolution and provide feedback to Staff on how to proceed. 33
34
Bill Urbanski, 2367 Sherwood Road, indicated he presented this resolution to the Council at their 35
last worksession meeting. He felt this Resolution should be considered by the City to ensure 36
federal spending levels are reviewed. He understood the City of St. Paul discussed and approved 37
this resolution. He commented Minneapolis and Duluth would be considering this same 38
resolution. He requested Mounds View take action on this item at their November 13th meeting. 39
40
Mayor Flaherty stated the consensus of the Council at the worksession meeting was to move 41
forward with this item. However, some of the facts were still uncertain and may have to be left 42
off the resolution. 43
44
Mounds View City Council October 22, 2012
Regular Meeting Page 9
Mr. Urbanski stated he would provide Staff with the resolution approved by St. Paul with 1
revisions. 2
3
Mayor Flaherty questioned how the Council wanted to proceed. 4
5
Council Member Stigney stated this was a well-intentioned resolution but was not in favor of the 6
City Council of Mounds View taking action on this item. He would like to see the Council 7
remain apolitical on these items. 8
9
Council Member Hull asked how local cities would benefit from passing this Resolution. Mr. 10
Urbanski stated that the Resolutions would be passed along to State and Federal representatives 11
making them aware of the need for policy changes at a national level. He further discussed how 12
higher federal spending took away from the availability of local dollars. He saw great benefit in 13
bringing this issue from the bottom up to show the federal government the City was feeling the 14
impact of budget cuts. 15
16
Council Member Hull was in favor of moving forward with the resolution. 17
18
Council Member Mueller agreed with Council Member Stigney on this issue and requested the 19
City remain apolitical. She suggested Mr. Urbanski begin a petition for this issue. 20
21
Council Member Gunn was in favor of removing Paragraphs 2, 3, 5, and 7 addressing finances 22
from the resolution. This would create a much more generic resolution that she could then 23
support. 24
25
Mayor Flaherty stated he did not disagree with the resolution, but did not want this to become a 26
partisan issue. He wanted to maintain a non-partisan level of government at the local level and 27
for this reason, he would not support the resolution moving forward. 28
29
City Administrator Ericson stated the Charter Commission met several weeks ago and discussed 30
Chapter 8 of the Charter. He indicated the Charter would meet again on November 14th. 31
32
Finance Director Beer indicated he attended the Minnesota Society of CPA’s today and received 33
a great deal of information along with legal updates. 34
35
Public Works Director DeBar provided the Council with project updates noting the water tower 36
was complete and would be filled once everything had cured. He noted Lambert Park would be 37
completed in the near future and a ribbon cutting ceremony was being planned for sometime in 38
November. He noted the City Forester position was being discussed by Staff. 39
40
C. Reports of City Attorney. 41
42
City Attorney Riggs had nothing additional to report. 43
44
Mounds View City Council October 22, 2012
Regular Meeting Page 10
12. Next Council Work Session: Monday, November 5, 2012, at 7:00 p.m. 1
Next Council Meeting: TUESDAY, November 13, 2012, at 7:00 p.m. 2
3
13. ADJOURNMENT 4
5
The meeting was adjourned at 9:16 p.m. 6
7
Transcribed by: 8
9
Heidi Guenther 10
TimeSaver Off Site Secretarial, Inc. 11
414444vSJR 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: November 20, 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 questions and consult with City staff regarding
same. Review request for utility bill abatement and consult with City staff
regarding same. Review election agreement and consult with City staff regarding
same. Consult with City staff regarding Optum Health Agreement. Matters are
presently pending.
MU210-4: Charter Matters. Consult with City staff regarding various Charter questions and
issues. Matter is presently pending.
MU210-111: Personnel Matters. Review revised Staff Report and Resolution. Review FMLA
matter. Consult with City staff regarding same. Matter is presently pending.
MU210-164: Utility Franchise Matters. Consult with City staff regarding Xcel franchise
renewal. Revise 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 additional items necessary to finalize
and record the plat. Revise instruction letter to title company. Review
Development Agreement. Matter is presently pending.
James Ericson
November 20, 2012
Page 2
414444vSJR MU125-11
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.
Begin drafting bond documents. Matter is presently pending.
MU210-203: Silver Lake Road and County 10 Intersection Project. Review easement. Consult
with City staff regarding same. Revise easement and draft consent and joinder.
Matter is presently pending.
MU210-204: 2741 Hodges Lane – Bankruptcy – CM. Review bankruptcy notice and research
regarding assessment issue. Consult with City staff regarding same. Matter is
presently pending.
SJR:jms