HomeMy WebLinkAboutAgenda Packets - 2011/03/28CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, March 28, 2011
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. 7:05pm Public Hearing to Consider Resolution 7758, Interim Use Permit for a
Temporary Tent at the Mermaid Entertainment Center, 2200 County Road 10
B. 7:10pm Public Hearing for the Introduction and First Reading of Ordinance
858, Vacating Easements on 2320 County Road 10 and 5260 O’Connell Drive
(as part of the Coventry Senior Living Development)
C. 7:15 pm Public Hearing Resolution 7761 Adopting a Special Assessment
Levy for Delinquent Public Utility Accounts and Unpaid False Alarm Charges
D. Resolution 7757, Approving the Coventry Senior Living of Mounds View Final
Plat & Developers Agreement
E. Resolution 7763, Approving Contracts with 4 Seasons Tree Care, Inc. and
Upper Cut Tree Services to Perform 2011 Tree Removals
F. Resolution 7756, Approving a Memorandum of Understanding between the
City and LELS 232 about a Training Stipend
G. Resolution 7759, Revising Section Three of the Personnel Manual Regarding
Compensation and Benefits
H. Resolution 7760, Authorizing Layoff of Kenneth Roberts, Community
Development Director, and Issuance of Severance
I. Resolution 7764, Approving Purchase of a Used Trailer-Mounted Crack Filling
Machine from the City of New Brighton
J. Resolution 7765, Approving the Purchase of a Metrotech Utility Line Locator
from Ferguson Waterworks
K. Resolution 7766, Approving the Purchase of a Set of Wheel Loader Tires from
GCR Tire Center
City Council Agenda
Monday, March 28, 2011
Page 2
8. CONSENT AGENDA
A. Resolution 7762, Authorizing Insurance Policies for the year January 2011
through December 2011
B. Set a Public Hearing for 7:05pm on Monday, April 25, 2011, a Resolution to
Approve a Temporary On-Sale 3.2 Malt Liquor License for the Blaine Jaycees
to Serve Liquor during the Mounds View Festival in the Park on August 20,
2011
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. March 14, 2011, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
1. Reminder about the Town Hall Meeting on April 18, 2011
B. Reports of Staff
1. Administrator Report
C. Reports of City Attorney
12. Next Council Work Session: Monday, April 4, 2011, at 7pm
Next Council Meeting: Monday, April 11, 2011, at 7pm
13. ADJOURNMENT
Item No: 7A
Meeting Date: March 28, 2011
Type of Business: Public Hearing
Administrator Review: ________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing to Consider Resolution 7758, an
Interim Use Permit for a Temporary Outdoor Tent
Introduction:
The Mermaid Acquisition Group, represented by Mike Anderson, has applied to the City for
an Interim Use Permit (IUP) to install a temporary outdoor tent at the Mermaid. The Mermaid
Acquisition Group is part of Anderson Companies, a 30-year old Woodbury-based business
that owns several other bowling alleys in Minnesota.
Background:
In 2003, after the completion of the AmericInn Hotel and the renovation of their existing
facility, the Mermaid erected a temporary outdoor membrane structure for banquets,
receptions and other events. When the Mermaid first installed the tent the City did not have
any zoning regulations to address such a structure. As is typically the case in Zoning Codes,
the absence of an allowance or an approved land use constitutes a disallowance.
In 2004, the City adopted new provisions for temporary tent structures in business zoned
districts, and created an Interim Use Permit (IUP).
In March 2005 and again in 2010 the City Council approved a 5-year Interim Use Permit for
the Mermaid’s owner (Dan Hall) to have the temporary tent. As of 2011, the Mermaid has
new owners, and the current resolution of approval for the IUP states that the approval is
void if the ownership changes.
Discussion:
The process for reviewing and approving an interim use permit (IUP) for a temporary outdoor
membrane structure is the same as the process for considering a conditional use permit.
That process includes staff scheduling a public hearing and sending notices to property
owners within 350 feet of the subject parcel.
The specific requirements of the approval process (from the City Code) are:
1. The tent or membrane structure shall comply with all provisions of the Fire Code and
receive an annual fire permit issued by the Fire Marshal.
An annual fire permit is required for this temporary structure. At the time of fire permit
application, the fire marshal will review the application and tent material information, and
conduct an inspection post erection.
Mermaid IUP Report
Page 2
2. The property owner shall annually apply for a Zoning Permit, the duration of which cannot
exceed 180 days.
The temporary tent can only be erected for a maximum of 180 days per year as stated in
the International Building Code. The City and the State consider a structure in use for
longer than 180 days a permanent building that would need to meet all building and fire
codes.
3. Adequate parking to accommodate the occupancy shall be provided at a ratio of one
parking space per 40 square feet of tent area. (The City Council may waive the parking
requirement if it can be shown that the site has sufficient existing parking capacity.)
The Mermaid’s overall parking demands are satisfied with the available parking and thus
the City does not need to require any additional parking this time.
4. The structure may not be located in or on a parking lot displacing parking stalls, unless it
can be shown that an adequate amount of parking remains.
The tent is and has been located in a courtyard area that is separate from the parking lot.
The Mermaid’s tent structure is anchored to a concrete pad so the placement is the same
every year and does not violate any setbacks.
5. The tent or membrane structure shall be subject to same building setbacks as the
principal building on the lot. No tent or membrane structure shall be allowed instead of or
without a principal building.
The tent does not encroach into any required setback area.
6. The tent or membrane structure shall be limited in size to 5,000 square feet or 10 percent
of the principal buildings’ square footage, whichever is less.
The tent is 4,200 square feet and is much less than ten percent of the Mermaid floor area.
7. The membrane or cover shall be constructed of a durable reinforced material to withstand
wind and snowloads.
There have been no problems with the tent’s reinforced membrane cover to date. The
membrane is removed during winter months.
8. The structure shall be anchored to the ground.
The tent structure is anchored to the ground as the Code requires.
9. The tent or membrane structure shall be maintained in a good condition. Deficiencies
shall be corrected as soon as practicable.
Staff has included this condition in the resolution recommending approval.
Mermaid IUP Report
Page 3
10. The IUP can be reviewed at any time by the City if problems arise which would
necessitate revision or termination of the IUP.
Staff has included this condition in the resolution.
11. The IUP would become null and void if the property owner fails to comply with the
provisions of the permit or if the structure is removed for more than a one-year period, or
if the property undergoes a change of ownership.
Again, staff has included this condition in the resolution.
Chapter 1125 Considerations:
Ordinance 735 indicates that the City may review an IUP application for a tent similarly to a
conditional use permit as articulated in Chapter 1125 of the Zoning Code. The chapter
requires the Planning Commission to review and address any potential adverse effects that
include, but are not limited to, relationship with the Comprehensive Plan, geographical area
involved, potential depreciation, the character of the surrounding area and the demonstrated
need for such a use. Staff has listed each of these potential adverse effects below along with
responses.
Relationship with the Comprehensive Plan. Having an outdoor temporary membrane
structure at the Mermaid would not be inconsistent with the comprehensive plan, which
guides this parcel as regional commercial planned unit development.
The Geographical Area Involved. The applicant’s property is part of a nine-acre site with a
variety of land uses. The general topography of the site is gently sloping to the south with little
variation. The stormwater from the site is routed to a regional stormwater pond west of the
Mermaid on the north side of County Road H.
Depreciation. Staff is not aware of any property depreciation because of the tent’s existence.
The Character of the Surrounding Area. The site is prominently located at the corner of
County Road 10 and County Road H. The tent, however, is located within a courtyard area
and is screened from all sides but the front by the Mermaid and AmericInn buildings. All of the
uses in the general area are commercial or retail with the exception of the Rice Creek Corridor
and Ramsey County open space to the south.
The Demonstrated Need for Such a Use. The applicant has indicated there is a need for the
tent because he is better able to serve his clientele and attract different types of events by
having the tent available. The tent has been successful for the Mermaid for over seven years.
Mermaid IUP Report
Page 4
Summary:
The Mermaid has installed the tent in previous years without any issue from a zoning
perspective while satisfying all of the ordinance and code requirements. City staff believes the
City could approve the request for the same five year time period as has been done in the
past, as long as the owner and operator satisfy all the annual conditions. The Anderson
Companies do not plan to make any changes to way the tent is used and are not new to
owning this type of business. As such, City Staff does not anticipate any issues with their use
of the tent at the Mermaid.
The Planning Commission voted 5-0 (Cramblit and Meehlhause absent) on March 16, 2011, to
recommend approval of a five-year interim use permit for a temporary tent at the Mermaid.
Possible Actions:
The City Council may:
1. Approve the IUP as requested. Staff has prepared Resolution 7758 that
approves the interim use permit for five years if the Council chooses this action.
2. Choose to deny the interim use permit. If the Council chooses this option, Staff
would need direction from the City Council to prepare a resolution of denial with
findings of fact to support the denial.
3. Table the request. If the City Council needs more information before making a
decision or if they decide that there is need for more discussion, the Council can
move to table the request until such information has been provided. Because of 60-
day requirements, the Council would need to act upon the request as soon as
reasonably possible to avoid an inadvertent approval.
Recommendation:
City staff is recommending approval of the interim use permit as requested. As such, staff
has prepared Resolution 7758 that approves the interim use permit.
Respectfully Submitted By,
Heidi Heller
Planning Associate
Attachments:
1. Photo of tent structure (during winter without the cover)
2. Zoning Map
3. Site plan showing location of tent
4. Resolution 7758
Photo of Tent Structure (without the membrane cover)
Zoning Map
MERMAID &
AMERICINN
Tent
Structure
Mermaid Site Plan
RESOLUTION 7758
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A TEMPORARY
OUTDOOR MEMBRANE STRUCTURE AT THE MERMAID LOCATED AT 2200
COUNTY ROAD 10; PLANNING CASE NO. IU2011-001
WHEREAS, the Mermaid Acquisition Group, represented by Mike Anderson, has
applied for an interim use permit for a temporary outdoor membrane structure (temporary
tent) at the Mermaid, located at 2200 County Road 10; and,
WHEREAS, the subject property is zoned PUD, Planned Unit Development, and has
a Comprehensive Plan future Land Use Map designation of Regional Commercial PUD;
and,
WHEREAS, the Mounds View Zoning Code allows temporary outdoor tent structures
in commercial districts by interim use permit; and,
WHEREAS, the Mounds View Staff and the Planning Commission have reviewed
the zoning requirements associated with temporary tents in commercial districts and finds
that this request would meet all City conditions.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes
the following findings of fact about the interim use permit request:
1. The request is consistent with the Mounds View Comprehensive Plan. 2. The request is consistent with the Mounds View Zoning Code. 3. The size of the structure is within permitted allowances and meets setback provisions.
4. There have been no complaints filed with the City about the use of the tent in the
previous years.
5. The applicant has sufficiently demonstrated that a need exists for the temporary
outdoor structure.
6. The site has adequate parking area available to meet the demands of the
temporary structure.
Resolution 7758
Page 2
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City
Council approves the interim use permit for an outdoor temporary tent structure at the
Mermaid with conditions as follows:
1. The tent or membrane structure shall meet all provisions of the Fire Code and
the applicant shall apply for and receive annual fire permits issued by the Fire
Marshal and receive a satisfactory inspection after tent is assembled each year.
2. The tent or membrane structure must meet the building code and not be erected
for more than 180 days in a calendar year.
3. The tent framework and membrane covering shall be maintained in a good
condition. The owner or operator shall correct deficiencies as soon as practicable.
4. The City may review the interim use permit at any time if problems arise that
would necessitate revision or termination of the permit.
5. The interim use permit will become null and void if the property owner fails to
meet the provisions of the permit, if the structure is removed for more than a one-
year period, or if the property undergoes a change of ownership.
BE IT FINALLY RESOLVED, that the Mounds View City Council approves an
interim use permit for a period of five years from the date of City Council approval as long
as the conditions above and those of the Zoning Code remain satisfied.
Adopted this 28th day of March, 2011.
_____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 7B
Meeting Date: March 28 2011
Type of Business: Public Hearing
Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing, Introduction and First Reading of
Ordinance 858, an Ordinance Approving the Vacation of
Drainage & Utility and Water Main Easements on 2320
County Road 10 and 5260 O’Connell Drive, as part of
the Coventry Senior Living Development
Introduction:
A developer, Coventry Senior Living, plans to construct a 95-unit senior housing building on
three parcels, 2320-2340 County Road 10 and 5260 O’Connell Drive. There are several
existing easements on two of the parcels. To simplify the easements and since the
developer/owner will replat the properties for this development, they are proposing to vacate
the existing water main and drainage and utility easements, and would then dedicate one
new easement on the final plat that would cover everything needed.
Discussion:
The City’s engineer consultant, Bonestroo, and City Staff have reviewed the easement
vacation request and have determined that the proposal is acceptable. To vacate an
easement or other public interest in a parcel, the City must determine that the easement no
longer serves a public purpose. In this case, the developer would dedicate a new easement
where the current easements are. This vacation request eliminates the multiple easements
and creates one easement in their place.
Recommendation:
Open the public hearing and consider comments about this request from staff, the applicant
and any affected residents and property owners. Based upon the recommendation of
Bonestroo, staff is recommending preliminary approval of the requested vacation subject to
the applicant providing Title Insurance for the new easement to be dedicated on the plat.
Staff recommends that Council hold off on doing the second reading of the ordinance until
the applicant is ready to start construction. This insures that the City will only vacate the
easement if the developer/owner constructs the project.
Based on the above information, staff has attached Ordinance 858 that approves the
vacation of water main and drainage and utility easements on the properties at 2320 County
Road 10 and 5260 O’Connell Drive.
Heidi Heller
Planning Associate
Attachments
1. Ordinance 858
ORDINANCE NO. 809
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AUTHORIZING THE VACATION OF UTILITY, DRAINAGE
WATER MAIN EASEMENTS ON THE PARCELS AT 2320 COUNTY ROAD 10 AND
5260 O’CONNELL DRIVE
WHEREAS, the City of Mounds View was granted drainage, utility and water main
easements on the properties located at 2320 County Road 10 (PIN 08-30-23-31-0070) and
5260 O’Connell Drive (PIN 08-30-23-31-0061); and,
WHEREAS, Coventry Senior Living of Mounds View has submitted an application to
vacate the drainage, utility and water main easements on the following legally described
parcels:
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,
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, the easement areas to be vacated from the above properties are
legally described as follows:
The utility and drainage easement, as shown and dedicated, over the east 5.00 feet of
Lot 1, Block 1, EIGENHEER THIRD ADDITION, according to the plat thereof on file and
of record in the Office of the County Recorder, Ramsey County, Minnesota.
The water main easements over that part of the above described and affected
properties described as follows:
The south 7.5 feet of the east 15.00 feet of Lot 2, Block 5, EIGENHEER SECOND
ADDITION, according to the plat thereof on file and of record in the Office of the County
Recorder, Ramsey County, Minnesota, in favor of the Village (now City) of Mounds
View, as created in Document Numbers 1710885, 1710886, 1710887, 1710888,
1710890, and 1711454.
Ordinance 858
Page 2
The water main easements over that part of the above described and affected
properties described as follows:
The north 7.5 feet of Lot 3, Block 5, EIGENHEER SECOND ADDITION, according to
the plat thereof on file and of record in the Office of the County Recorder, Ramsey
County, Minnesota, in favor of the Village (now City) of Mounds View, as created in
Document Numbers 1710891, 1710895, 1710900, 1710901, 1710902 and 1711455.
The 10.00 foot wide water main easement, as shown and dedicated, over Lot 1, Block
1, EIGENHEER THIRD ADDITION, according to the plat thereof on file and of record in
the Office of the County Recorder, Ramsey County, Minnesota.
NOW THEREFORE,
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to
include reference to the following Ordinance No. 858.
Subd. 1. The City has made a determination that the drainage and utility easement
areas as described herein and illustrated on Exhibit A do not serve a public purpose, and
as such, it is in the public interest to vacate said easement areas.
Subd. 2. The Mounds View City Council finds there is no public interest or purpose
served in keeping the easement area described and proposed to be vacated.
Subd. 3. That described part of the drainage, utility and water main easements as
shown on Exhibit A are hereby vacated.
SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On June 13, 2011, the City Council adopted Ordinance 858 that vacates drainage, utility
and water main easements on the properties at 2320 County Road 10 and 5260 O’Connell
Drive. A printed copy of the ordinance is available for inspection during regular business
hours at Mounds View City Hall and is available on line at the City’s web site located at
www.ci.mounds-view.mn.us.
Ordinance 858
Page 3
SECTION 3. This ordinance takes effect 30 days after its publication in the official City
newspaper.
PUBLIC HEARING, INTRODUCTION AND FIRST READING by the Mounds View City
Council this 28th day of March, 2011.
SECOND READING AND ADOPTION by the Mounds View City Council this 9th day of May,
2011.
PUBLICATION DATE: May 19th, 2011.
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(SEAL)
EXHIBIT A – Easements to be Vacated
Item No: 7.C
Meeting Date: March 28, 2011
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: Public Hearing to receive Public Input and pass upon Resolution
7761 Adopting a Special Assessment Levy for Delinquent Public
Utility Accounts and Unpaid False Alarm Charges
A public hearing is scheduled for 7:15 P.M. to receive public input regarding the proposed assessment
of a delinquent public utility account and unpaid false alarm charges for the same property. The
individual notice of the meeting was sent by first class mail to the affected property owner on February
15, 2011. The City Administrator and the Finance Director met with the affected property
representative and he has acknowledged the outstanding amounts. Attached is the assessment roll
for the assessment notice that was sent out. This account was more than two quarters delinquent as
of February 15, 2011 and had unpaid false alarm charges from 2010 and 2011.
The property owner has until 4:30 P.M. on Monday, March 28, 2011 to pay the amount in full in order
to avoid the $35.00 administrative fee. The property owner may pay after the roll is certified Monday
night, but before the roll is forwarded to Ramsey County. In that case, they will pay the total due,
including the administrative fee.
The owner may prepay the assessment between March 29, 2011 and April 28, 2011 without paying
additional interest. After that, interest at the rate of 5.5% will accrue from March 28, 2011 through the
payment date. The interest rate and administrative fee were set by the City Council in Resolution
7135.
On or about April 29, 2011, we will forward the assessment roll to Ramsey County for collection with
the 2012 property taxes.
Respectfully submitted,
___________________________
Mark Beer
RESOLUTION NO. 7761
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Adopting a Special Assessment Levy for Delinquent Public Utility Accounts and Unpaid
False Alarm Charges
WHEREAS, pursuant to proper notice given as required by law, the City Council has met and
heard and passed upon all objections to the proposed assessment for a delinquent public utility
account and unpaid false alarm charge.
NOW, THEREFORE, BE IT RESOLVED by 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 the special assessment against the lands named therein,
and each tract of land therein is hereby found to be benefited by the public utility services
and unpaid false alarm charges in the amount of the assessment levied against it.
2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 2012
in one annual installment with interest thereon at five and one half (5.5) percent per annum,
and shall bear interest on the entire assessment from March 28, 2011 through December
31, 2012.
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 April 29th, 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
assessments shall be collected and paid over in the same manner as other municipal taxes.
Adopted this 28th Day of March 2011.
______________________________
Joe Flaherty, Mayor
(ATTEST)
______________________________
Jim Ericson, City Administrator
(SEAL)
Item No:7D
Meeting Date: March 28, 2011
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 7757, Approving the Final
Plat and Developers Agreement for the “Coventry Senior
Living” Development;
Planning Case MU2010-001
Introduction:
Coventry Senior Living, represented by Greg Johnson, has submitted an application for
a final plat. The proposed plat would combine the three properties at 2320 and 2340
County Road 10, and 5260 O’Connell Drive into one parcel for a 95-unit senior housing
development.
Background:
On August 9, 2010, the City Council passed Resolution 7655, which approved the
preliminary plat and development review for the Coventry Senior Living development.
The Council also held the first reading and introduction of Ordinance 848 to rezone
three properties to PUD, Planned Unit Development. With the exception of changes to
the easement area, the proposed final plat is essentially the same as the preliminary
plat.
Discussion:
Resolution 7757, which would approve the final plat and development agreement,
stipulates that before the City will issue any permits for this project, the developer shall
have paid the park dedication fee and County Road 10 Trail Contribution. The City
Council sets these fees. In addition, the proposed resolution includes several other
conditions for approval.
The remaining Council actions for this project are to hold the second readings of the
ordinances to rezone the property to PUD and the easement vacations. Staff will not
bring these items to the Council for final action until the developer has secured financing
and is ready to begin construction. The City will not rezone these properties or vacate
easements until there is assurance that the developer will construct this project.
Coventry Senior Living Final Plat
March 28, 2011
Page 2
Alternatives:
After hearing from staff and the applicant, the Council may take one of the following
actions related to the request:
1. Approve Resolution 7757 for a Final Plat and Development Agreement as
requested.
2. Deny the final plat and/or 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 7757 that approves the final plat
and developers agreement for the Coventry Senior Living of Mounds View project.
Respectfully submitted,
Heidi Heller
Planning Associate
Attachments:
1. Aerial View
2. Comprehensive Plan Future Land Use Map
3. Resolution 7757
4. Developers Agreement
5. Final Plat date-stamped 3-21-10
Aerial View
Comprehensive Plan Future Land Use Map
Project area is designated as “Mixed Use PUD”
RESOLUTION NO. 7757
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE “COVENTRY SENIOR LIVING OF MOUNDS VIEW”
FINAL PLAT AND DEVELOPERS AGREEMENT;
MOUNDS VIEW PLANNING CASE NO. MU2010-001
WHEREAS, Greg Johnson, representing Coventry Senior Living, has requested
approval of the final plat and the Developers Agreement for the “Coventry Senior Living
of Mounds View” project on 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, The applicant has requested that the City rezone the above-
described lands to PUD, Planned Unit Development, which the City now designates as
Mixed-Use PUD in the Comprehensive Plan; and,
WHEREAS, Coventry Senior Living has submitted a Final Plat, date stamped
March 21, 2011, for the major subdivision that combines three lots into one parcel; and,
Resolution 7757
Page 2
WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is
subject to a park dedication fee that would be equivalent to 10% of the Ramsey County
assessed land value of the project area and a County Road 10 Trail Contribution; and,
WHEREAS, the grading and drainage plan has been reviewed and approved by
the City Engineering consultant; and,
WHEREAS, the Mounds View City Council has reviewed the following
documents about this proposal:
1. Final Plat, dated March 21, 2011
2. Comprehensive Plan Future Land Use Map
3. Site Plan, dated August 4, 2010
4. Grading, Utility & Landscape Plans, dated August 4, 2010
5. Developers 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” preliminary
plat and development review; and,
WHEREAS, the City attorney and Public Works Staff have reviewed the final plat
and they find it to be in conformance with all applicable sections of the Mounds View
City Code, subject to the conditions and requirements contained in this Resolution; and,
WHEREAS, the Mounds View City Council has reviewed the proposed final plat
for the “Coventry Senior Living of Mounds View” subdivision, and finds it consistent with
the preliminary plat, in conformance with Resolution 7655, and with all applicable
sections of the Mounds View City Code, subject to the conditions and requirements
contained in this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having
already approved the preliminary plat, approves the final plat and Developers Agreement for
the “Coventry Senior Living of Mounds View” subdivision, subject to stipulations as follows:
1. Coventry Senior Living must receive final City Council approvals for rezoning the
development area and easement vacations before starting any work on the
project site.
2. Before the City issues any permits, Coventry Senior Living shall pay to the City a
park dedication fee of $69,300 and a County Road 10 Trail Contribution in the
amount of $8,260.
Resolution 7757
Page 3
3. Coventry Senior Living of Mounds View shall enter into various agreements with
the City including (but not limited to) the Developers Agreement and PUD
Agreement, and said documents shall be recorded with Ramsey County.
4. Coventry Senior Living shall obtain final approval from Rice Creek Watershed
District before starting any construction activity.
5. No demolition, grading or construction activity may proceed without the
contractor obtaining all necessary permits.
6. The developer or contractor shall locate all utilities within the development
underground.
7. The developer or contractor shall obtain the necessary permits for all work
occurring within the City and County rights of way.
8. Coventry Senior Living shall complete all requirements after final review of the
final plat by the City Attorney, including securing Title Insurance for the new
easement.
9. Coventry Senior Living shall meet all requirements of the City’s Public Works
Director and engineering consultant, Bonestroo.
10. Coventry Senior Living shall satisfy all Ramsey County requirements.
11. The approval contemplated herein is subject to the condition that Coventry
Senior Living paying for all costs concerning this subdivision incurred by the City
Attorney, city consultants, and any other costs of a similar nature.
NOW, THEREFORE, BE IT FINALLY RESOLVED that approval of this final plat
and Developers Agreement is subject to recordation with Ramsey County, which shall
occur within one hundred twenty (120) days of City Council approval. Within 10 days of
the recording, Coventry Senior Living shall furnish the City with proof of the recording;
otherwise, the approval of the final plat shall be void.
Adopted this 28th day of March, 2011.
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, City Administrator
(SEAL)
DEVELOPERS AGREEMENT
by and between the
CITY OF MOUNDS VIEW, a Minnesota municipal corporation,
and
COVENTRY SENIOR LIVING OF MOUNDS VIEW, L.L.C.,
a Minnesota Limited Liability Company
This document drafted by:
KENNEDY & GRAVEN, CHARTERED
470 Pillsbury Center
Minneapolis, MN 55402
(612) 337-9300
2
DEVELOPMENT AGREEMENT
THIS AGREEMENT is made this ________ day of ___________________, 2011, by and
between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the “City”), and
COVENTRY SENIOR LIVING OF MOUNDS VIEW, L.L.C., a Minnesota Limited Liability
Company, (the “Developer”).
Recitals
A. The Developer is the fee owner of certain real estate located in Ramsey County,
Minnesota, legally described as
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)
(hereinafter referred to as the “Property”).
B. The Developer shall construct on the Property improvements consistent with the final
site plans date-stamped August 4, 2010 and approved by the City Council on August 9, 2010.
C. The Developer has requested that the City approve a major subdivision for the
property.
3
D. As a prerequisite to the approval of the subdivision, the City Council requires the
Developer to agree to the construction of certain improvements pursuant to this Agreement for the
orderly development of the Property.
E. The Developer is financially responsible for the construction and installation costs of
certain utilities and roadway, as required by City ordinance, referred to as the “Improvements”.
4
Agreement
In consideration of each party’s promises as set forth in this Agreement, it is mutually agreed
as follows:
ARTICLE ONE
REPRESENTATIONS AND WARRANTIES
1.01. City Representations and Warranties. The City makes the following representations as the
basis for the undertakings on its part contained herein:
A. The City is a municipal corporation under the laws of Minnesota.
B. The City has the right, power and authority to execute, deliver and perform its
obligations under this Agreement. The City assures the Developer that the individuals who execute
this Agreement on behalf of the City are duly authorized to sign the same on behalf of the City and
to bind the City thereto.
1.02. Developer Representations and Warranties. The Developer makes the following
representations as the basis for the undertakings on its part contained herein:
A. The Developer is COVENTRY SENIOR LIVING OF MOUNDS VIEW, L.L.C., a
Minnesota Limited Liability Company.
B. The Developer has the right, power and authority to execute, deliver and perform its
obligations under this Agreement. The Developer assures the City that the
individuals who execute this Agreement on behalf of the Developer are duly
authorized to sign on behalf of the Developer and to bind the Developer thereto.
C. The Developer is not in default under any lease, contract, or agreement to which it is
a party or by which it is bound which would affect its performance under this
Agreement. The Developer is not a party to or bound by any mortgage, lien, lease,
agreement, instrument, order, judgment, or decree which would prohibit the
execution or performance of this Agreement by the Developer or prohibit any of the
transactions provided for in this Agreement.
D. The Developer has complied with and will continue to comply with all applicable
federal, state and local statutes, laws, ordinances and regulations including, without
limitation, any permits, licenses and applicable zoning, environmental, or other laws,
ordinances, or regulations affecting the Property or the Improvements. The
Developer is not aware of any pending or threatened claim of any such violation.
Without limitation of the foregoing, the Developer expressly acknowledges and
agrees that it has and shall at all times comply with each and every provision of the
City’s subdivision, zoning, and other related municipal code regulations.
E. There is no suit, action, arbitration or legal, administrative or other proceeding or
governmental investigation pending or threatened against or affecting the Developer
or Property. The Developer is not in default with respect to any order, writ,
injunction or decree of any federal, state, local or foreign court, department, agency
or instrumentality.
5
6
F. None of the representations and warranties made by the Developer or made in any
exhibit hereto or memorandum or writing furnished or to be furnished by the
Developer or on its behalf contains or will contain any untrue statement of material
fact or omits any material fact, the omission of which would be misleading.
G. The Developer has sufficient funds or has obtained a commitment for financing in an
amount adequate to finance construction of the Improvements.
1.03 Incorporation of Recitals and Exhibits. The Recitals set forth in the preamble to this
Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement
as if fully set forth herein.
ARTICLE TWO
CONSTRUCTION OF IMPROVEMENTS
2.01. Agreement to Construct Improvements. The Developer agrees to the construction of the
Improvements, including the grading, drainage, and other improvements required by City Ordinance
for development of the Property. The Improvements are more fully described in the site plans,
preliminary plat and specifications approved by the City, (the “Plans”). The Developer or contractor
must file a final copy of the Plans with the City before starting the construction of the
Improvements. All labor and work performed by the Developer in connection with construction of
the Improvements will be done and performed in the best and most worker-like manner and in strict
conformance with the Plans. Any deviation from the Plans must be approved in writing by the City.
The Developer or contractor shall complete the construction of the Improvements no later than 18
months from the issuance of the Building Permits required herein. Before initiating construction of
the Improvements, the Developer shall hold a pre-construction meeting with the City to review and
resolve any issues involving the construction of the Improvements.
2.02 Designation of Improvements. Improvements to be installed at Developer’s expense by the
Developer and to be owned and maintained by a property owner after development is completed, as
hereinafter provided are hereinafter referred to as “Improvements”. The construction, installation,
materials and equipment shall be according to the plans and specifications approved by the City. All
of the work shall be under and subject to the inspection and approval of the City and, where
appropriate, any other governmental agency having jurisdiction.
A. The Developer will construct and install at the Developer's expense the following
Improvements according to the following terms and conditions:
1. The Developer shall do all site grading including building sites, greenway and open
spaces, storm water storage and surface drainage ways, and all private driveways and
parking areas including sodding of boulevards, according to the approved grading,
drainage, and site plan.
7
2. The Developer shall control soil erosion ensuring:
a. All development shall conform to the natural limitations presented by the
topography and soil of the subdivision in order to create the best potential for
preventing soil erosion. The Developer shall follow the approved erosion control
plan which detailing all erosion control measures the Developer or contractor
will implement during construction.
b. Erosion and siltation control measures shall be coordinated and installed with the
different stages of development. The contractor or Developer shall install
appropriate control measures as required by the City before development when
necessary to control erosion.
c. Land shall be developed in increments of workable size such that adequate
erosion and siltation controls can be provide as construction progresses. The
smallest practical area of land shall be exposed at any one period of time.
d. Where the topsoil is removed, sufficient arable soil shall be set aside for
respreading over the developed area. The topsoil shall be restored to a depth of
at least four (4) inches and shall be of a quality at least equal to the soil quality
prior to development.
3. The Developer shall place iron monuments at all lot and block corners and at all other
angle points on boundary lines. The project surveyor shall place iron monuments after
the contractor has completed all street and lawn grading in order to preserve the lot
markers for future property owners.
4. The Developer or contractor shall make all necessary adjustments to the curb stops to
bring them flush with the topsoil (after grading).
5. All yard and boulevard areas must be sodded and landscaped according to the submitted
landscaping plans date stamped August 4, 2010. The Developer shall follow the
landscaping requirements stated in the PUD Narrative.
6. The Developer shall remove all structures, dead and diseased trees and all other debris
from the site before the City issues building permits, and before the City grants
certificates of occupancy.
7. The Developer shall be responsible for street maintenance, including curbs, boulevards,
sod and street sweeping until the project is complete. The Developer or contractor shall
maintain all streets free of debris and soil until the subdivision and project is completed.
The City may inspect the site on a periodic basis and determine whether it is necessary to
take additional measures to clean dirt and debris from the streets. After 24 hours verbal
notice to the Developer, as listed in this agreement, the City will complete or contract to
complete the clean up at the Developer’s expense. Warning signs shall be placed when
hazards develop in streets to prevent the public from traveling on same and directing
attention to detours. If and when the street becomes impassible, such streets shall be
barricaded and closed. In the event residences are occupied before completing streets,
8
driveways or parking areas, the Developer shall maintain a smooth driving surface and
adequate drainage on all temporary drive areas. The Developer shall be responsible for
any damage to the street incurred during construction. The Developer or contractor shall
repair the street to City standards.
8. The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding
areas of erosion/siltation and restore them to the original condition at the end of
construction within this development. All silt fence and other erosion control should be
removed following the establishment of turf.
9. The Developer shall be responsible for storm sewer cleaning and holding pond dredging,
as required, by the City before completion of the development.
10. The Developer shall be responsible for securing all necessary approvals and permits
from all appropriate Federal, State, Regional, County and local jurisdictions before
starting site grading or construction and before the City awarding construction contracts
for public utilities. Specifically, before obtaining any building permits or grading
permits as required under this Article or otherwise, the Developer shall complete the
following requirements:
a. Rice Creek Watershed District (RCWD) final approval and permit is
required.
b. The Developer shall provide the City with a $20,000 form of financial
guarantee, as described in section 2.05 to guarantee the construction of the
Improvements. This financial guarantee shall be released by the City within
30 days after the Improvements have been completed, inspected and
approved by the City.
c. The Developer shall record with Ramsey County this Agreement,
Resolutions 7655 and 7757, the PUD Narrative, and the final plat. The
Developer shall provide proof to the City of such recordation within 10 days
of the recording.
d. The Developer shall submit the required park dedication payment of $69,300
and a County Highway 10 Trailway contribution payment of $8,260 to the
City prior to the City issuing any building permits. The Developer further
expressly acknowledges and agrees that the Improvements and all easements
and other rights in the Property necessary and related to the City’s ownership
of the Improvements (all of which shall be described in the plat required by
the City’s subdivision regulations), shall inure to the City upon the
Developer’s compliance with this Agreement, acceptance by the City of the
Improvements, and approval and recording of a final plat as set forth in the
City’s subdivision regulations.
9
11. Easements: Before approval of the final plat, and at anytime determined necessary by
the City therefore, the Developer shall dedicate to the City, at no cost, all temporary
easements necessary for the construction of the Improvements as determined by the City.
All such easements required by the City shall be provided on City easement documents,
containing such terms and conditions, as the City shall determine. All permanent
easements necessary for the installation and maintenance of the Improvements shall be
shown on the final plat and be granted to the City upon recordation of said plat. After
recordation of said plat, the Developer shall provide on an amended final plat to the City,
additional easements necessitated by changes to utility or grading design and such
easements shall be granted to the City upon recordation of said plat.
2.03. Time for Developer's Performance: General Provision. The Developer agrees that it will
commence work on the Improvements no later than 30 days after the date of the City issuing the
building permit and shall complete the Improvements 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. The City may, at
its discretion, extend the timeline specified in this Section 2.03 upon receipt of written notice from
the Developer of the existence of causes that will delay the completion of the Improvements if such
causes are ones over which the Developer has no control and which could not have been reasonably
foreseen by the Developer. If the City grants an extension of the date of completion of the
Improvements, the Developer must continue the performance bond required by this Agreement to
cover the work during the extension of time.
2.04. Additional Work or Materials. Construction of the Improvements shall be done by the
Developer. The Improvements shall be constructed at no expense to the City. The Developer shall
not do any work or furnish any materials for which reimbursement is expected from the City, unless
such work is first ordered and reimbursement is approved by the City. Any work or materials that is
done or furnished by the Developer without prior written order is furnished at the Developer’s risk,
cost and expense, and the Developer agrees that it will make no claim for compensation for work or
materials so done or furnished.
2.05. Financial Guarantee. Prior to commencement of construction of the Improvements, the
Developer agrees to furnish the City a performance bond, certified check, certificate of deposit,
irrevocable letter of credit from a bank or cash escrow in the amount of $20,000 to guarantee
construction of the Improvements and satisfaction of this Agreement (the “Financial Guarantee”), as
determined by the Public Works Director or designee. Upon failure of Developer to perform, the
City may declare the Developer to be in default under this Agreement and, upon failure of the
Developer to cure the default within 30 days of written notice, may demand the Financial Guarantee
be paid over to the City. From the proceeds of the Financial Guarantee, the City shall be reimbursed
for any attorneys’ fees, engineering fees or other technical, administrative or professional assistance,
and the remainder thereof shall be used by the City to complete the Improvements. The Developer
shall be liable to the City in the event that the Financial Guarantee is inadequate to reimburse the
City for its costs and pay for the completion of the Improvements.
10
The bank and form of Financial Guarantee shall be subject to the approval of the City. The
Financial Guarantee shall be automatically renewable until the City releases the Developer from
responsibility. The Financial Guarantee shall secure compliance with the terms of this Agreement
and all obligations of the Developer under it. The City may draw down on the Financial Guarantee
without notice if the obligations of the Developer have not been completed as required by this
Agreement. In the event of a default under this Agreement by the Developer, the City shall furnish
the Developer with written notice by certified mail of Developer’s default(s) within thirty (30) days
of receiving notice provided however if the Developer commences to cure within said thirty days,
the time to cure shall be extended for a reasonable time not to exceed 60 days; the City may draw on
the Financial Guarantee provided funds are used to complete the Improvements. With City
approval, the Financial Guarantee may be reduced from time to time as financial obligations are paid
and Developer-installed Improvements completed to the City’s requirements. Upon completion of
the Improvements and passage of any required inspections and final acceptance of the Improvements by
the City pursuant to this Agreement, absent any default of the Developer, the Financial Guarantee may
be terminated.
In the event the City does not recover its costs for completing the Improvements under the
provisions of this paragraph, as an additional remedy, the City may, at its option, assess the Property
in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the
levy of such special assessments without notice or hearing and waives its rights to appeal such
assessments pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together
with the funds deposited with the City under this paragraph, does not exceed the expenses actually
incurred by the City in the completion of the Improvements.
2.06. Insurance. The Developer shall furnish proof of liability insurance in an amount of at least
$1,000,000, acceptable to the City, covering any public liability or property damage by reason of the
operation of the Developer's equipment or laborers in connection with the Improvements. Developer
agrees to keep the insurance in force at all times during construction of the Improvements and until
acceptance thereof by the City. The insurance must name the City as an additional insured and must
provide that the insurer will give the City not less than 30 days written notice prior to cancellation or
termination of the insurance policy.
2.07. Unsatisfactory Labor or Material. In the event that the City rejects as defective or unsuitable
any material or labor supplied by the Developer regarding the Improvements, the Developer or
contractor shall remove and replace the rejected material with approved material. In addition, the
rejected labor must be done again to the specifications and approval of the City and at the sole cost
and expense of the Developer.
2.08. Final Inspection/Acceptance. Upon completion of the Improvements, representatives of the
City and the Developer will make a final inspection of the work. Before final payment is made to
the contractor by the Developer, the City must be satisfied that all work is satisfactorily completed in
accordance with the Plans, and the Developer’s engineer shall submit a written statement attesting to
the same. The City shall have no obligation to accept the Improvements if they are not consistent
with the Plans or not in compliance with all federal, state, local and City ordinances and standards
related thereto. Final approval and acceptance of the Improvements shall be by a resolution duly
adopted by the City Council of the City.
11
2.09. Warranty on Property Work and Materials. The Developer warrants all work required to be
performed by it under this Agreement regarding the Improvements against defective material and
faulty workership for a period of one (1) year after completion and acceptance by the City, except
that the warranty period for the drainage and erosion control portions of the Improvements shall be
for two (2) years after completion and acceptance by the City. In addition, all trees, grass, sod or
other landscaping installed in connection with the Improvements are warranted to be alive, of good
quality, and disease free for a period of one (1) year after completion and acceptance by the City.
Any replacements of same shall be similarly warranted. The Developer shall be solely responsible
for all costs of performing repair and replacement work required by the City and shall perform such
work within thirty (30) days of receiving demand for such work from the City, weather permitting.
2.10. Records and Plans. The Developer agrees to provide the City with copies of all bids and
change orders, and the names of all suppliers and subcontractors, and other similar information
relating to the Improvements to be constructed by the Developer. Upon completion of the
Improvements, the Developer shall provide “as built” record plans. These will include two paper
copies, one Mylar copy, and an electronic copy.
2.11. Maintenance Bond. Upon completion of the Improvements and prior to acceptance thereof by
the City, the Developer shall furnish the City with a three-year maintenance bond to guarantee the
Improvements. The maintenance bond shall be in an amount equal to $10,000.
2.12. Compliance with Existing Laws. The Developer warrants that all work performed pursuant to
this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations,
standards, specifications of regulatory agencies and specifications of the City, and is subject to
approval of the City’s Building Official.
2.13. City’s Access. The Developer hereby grants the city, its agents, employees, officers and
contractors a non-revocable license to enter the Property to perform all work and inspections deemed
appropriate by the City related to said development.
12
ARTICLE THREE
ADDITIONAL PROVISIONS
3.01. Property Monumentation. The Developer agrees to provide sufficient property
monumentation (temporary), installed by or under the direction of a registered land surveyor, before
and during the course of the Improvements to ensure proper layout. The Developer further agrees to
install all subdivision monumentation (permanent) within one year from recording of the plat, or the
monumentation shall be installed on a per-lot basis at the time a building permit for the subject lot is
issued, whichever occurs first. At the end of the one-year period, the Developer shall submit to the
City written verification by a registered land surveyor that the surveyor has installed the required
monuments throughout the plat or subdivision.
3.02. Payment of City Costs. The Developer agrees to reimburse the City its actual costs for
preparing and administering this Agreement, processing the plat and preparing and reviewing an
environmental assessment worksheet (EAW) and environmental impact statement (EIS), if required.
The costs to be paid shall include, but not be limited to, attorneys’ fees, engineering fees, and other
technical or professional assistance, including the work of the City staff.
3.03. Attorney’s Fees. The Developer agrees to pay the City’s costs and expenses, including
attorneys’ fees, in the event a suit or action is brought by the City against the Developer to enforce
the terms of this Agreement, and the City is the prevailing party in the suit or action brought by the
City against the Developer.
3.04. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire agreement between the City and Developer, and
supersedes any other written or oral agreements between City and Developer. This Agreement can
only be modified in writing signed by City and Developer. The parties acknowledge that
amendments or modifications to this Agreement that, in the opinion of the City’s Community
Development Director, substantially deviate from the approved site and construction plans or the
overall intent or design of the approved senior housing project, shall require approval by the City
Council.
3.05. Assignment. The Developer may not assign any of its obligations under this Agreement with-
out the prior written consent of the City.
3.06. Agreement to Run with Land. This Agreement shall be recorded among the land records of
Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be
binding upon the Developer and its assigns or successors in interest. Notwithstanding the foregoing,
no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full
performance of this Agreement unless the City expressly so releases the Developer in writing.
3.07. Representatives Not Individually Liable. No officer, agent or employee of the City shall be
personally liable to the Developer, or any successor in interest, in the event of any default or breach
by the City on any obligation or term of this Agreement.
13
3.08. Notices and Demands. Any notice, demand, or other communication under this Agreement by
either party to the other shall be sufficiently given or delivered if it is dispatched by registered or
certified mail, postage prepaid, return receipt requested, or delivered personally:
(a) as to the Developer: Coventry Senior Living of Mounds View, L.L.C.
913 Manor Drive
Suite 200
Minneapolis, MN 55432
(b) as to the City: City of Mounds View
2401 Highway 10
Mounds View, MN 55112
Attn: City Administrator
or at such other address with respect to either such party as that party may, from time to time,
designate in writing and forward to the other as provided in this section 3.08.
3.09. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this
Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer
or by any third person to create any relationship of third-party beneficiary, principal and agent,
limited or general partner, or joint venture between the City and the Developer.
3.10. Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall constitute one and the same instrument.
3.11. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance
with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or
otherwise.
3.12. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its
officers, agents, and employees shall not be liable or responsible in any manner to the Developer,
Developer’s successors or assigns, the Developer’s contractor or subcontractors, material suppliers,
laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any
kind or character arising out of or by reason of the execution of this Agreement or the performance
and completion of the Improvements. The Developer, and the Developer’s successors or assigns,
agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all
such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of
defending the same, including but not limited to, attorneys fees, consulting engineering services, and
other technical, administrative or professional assistance. Nothing in this Agreement shall constitute
a waiver or limitation of any immunity or limitation on liability to which the City is entitled under
Minnesota Statutes, Chapter 466, or otherwise.
14
3.13. Occupancy Permits. The City will not issue occupancy permits for this project until:
A. The Developer or contractor has completed the site grading and it is approved by the
City.
B. All public utilities are tested, approved by the City, and in service.
C. The Developer has paid in full all building permit fees.
D. The Developer has installed all required landscaping.
The Developer, in executing this Agreement, assumes all liability and costs for damage or delays,
incurred by the City, in the construction of public improvements, caused by the Developer, its
employees, contractors, subcontractors, materialmen or agents. The City shall not issue occupancy
permits until the utilities are in and approved by the City, unless otherwise authorized in writing by
the City.
3.14. Miscellaneous Provisions.
A. The Developer represents to the City that the development of the Property, the
subdivision and the plat comply with all city, county, metropolitan, state and federal
laws and regulations including, but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City determines that the
subdivision or the plat or the development of the Property does not comply, the City
may, at its option, refuse to allow construction or development work on the Property
until the Developer does comply. Upon the City’s demand, the Developer shall
cease work until there is compliance.
B. Third parties shall have no recourse against the City under this Agreement.
C. Breach of the terms of this Agreement by the Developer shall be grounds for denial
of building permits.
D. Wherever possible, each provision of this Agreement and each related document shall
be interpreted so that it is valid under applicable law. If any provision of this Agreement
or any related document is to any extent found invalid by a court or other governmental
entity of competent jurisdiction, that provision shall be ineffective only to the extent of
such invalidity, without invalidating the remainder of such provision or the remaining
provisions of this Agreement or any other related document.
E. If building permits are issued prior to the completion and acceptance of public
improvements, the Developer assumes all liability and costs resulting in delays in
completion of public improvements and damage to public improvements caused by
the City, Developer, its contractors, subcontractors, materialmen, employees, agents
or third parties.
15
F. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy
consequent upon a breach thereof, shall constitute a waiver of any such breach of any
other covenant, agreement, term, or condition, nor does it imply that such covenant,
agreement, term or condition may be waived again. The action or inaction of the
City shall not constitute a waiver or amendment to the provisions of this Agreement.
To be binding, amendments or waivers shall be in writing and signed by the parties.
The City’s failure to promptly take legal action to enforce this Agreement shall not
be a waiver or release.
G. Each right, power or remedy herein conferred upon the City is cumulative and in
addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to the City, at law or in equity, or under any other agreement, and
each and every right, power and remedy herein set forth or otherwise so existing may
be exercised from time to time as often and in such order as may be deemed
expedient by the City and shall not be a waiver of the right to exercise at any time
thereafter any other right, power or remedy.
H. This Agreement, together with the exhibits hereto, which are incorporated by reference,
constitutes the complete and exclusive statement of all mutual understandings between
the parties with respect to this Agreement, superseding all prior or contemporaneous
proposals, communications, and understandings, whether oral or written, pertaining to
the subject matter of this Agreement.
I. No officer, agent or employee of the City shall be personally liable to Developer, or
any successor in interest, in the event of any default or breach by the City on any
obligation or term of this Agreement.
J. Data provided to the Developer or received from the Developer under this
Agreement shall be administered in accordance with the Minnesota Government
Data Practices Act, Minnesota Statutes, Chapter 13.
16
IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the
date and year written above.
CITY OF MOUNDS VIEW
By ______________________________________
Mayor
By ______________________________________
City Administrator
COVENTRY SENIOR LIVING OF MOUNDS VIEW, L.L.C.
_________________________________________
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this _____ day of
________________, 2011, by Joe Flaherty and James Ericson, the Mayor and City Administrator,
respectively, of the City of Mounds View, a Minnesota municipal corporation, on behalf of the
corporation.
______________________________
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF _________ )
The foregoing instrument was acknowledged before me this ______ day of
________________, 2011, by Glen Harstad, Chief Manager, Coventry Senior Living of Mounds
View, L.L.C.
______________________________
Notary Public
Item No: 7F
Meeting Date: March 28, 2011
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Resolution 7756 Approving a Memorandum of
Understanding between the City and LELS 232 regarding a
Training Stipend
Introduction:
Law Enforcement Labor Services, Inc. is the bargaining group representing both the patrol
officers and the sergeants. The Patrol unit is Local 204 while the Sergeants unit is Local
232.
Discussion:
W hen the City hires new patrol officers, other officers within the unit provide the field
training. The patrol officers who perform the training are referred to as Field Training
Officers, and according to the labor agreement with the patrol officers, when the officers
are needed to provide this training, they qualify for an additional stipend of $154.50 per
month, or prorated as may be the case.
Due to recent promotions from the patrol officer ranks, the staff that had been certified to
conduct such training has been depleted. It will likely be the case that one or both of the
recently promoted sergeants will need to provide field training services in the interim,
however the Union points out that there is no corresponding training stipend in the
Sergeants’ labor agreement.
Because of this, the Union has prepared the attached Memorandum of Understanding
(MOU) that would provide the sergeants with the same compensation received by the
officers when assigned training duties and requests its approval by the City.
Recommendation:
The City Attorney has reviewed the Memorandum of Understanding, and while its form is
acceptable, the Council will need to review the policy implications of such an authorization
in the context of the already expected and required responsibilities of a sergeant.
Respectfully submitted,
________________________
James Ericson
City Administrator
RESOLUTION NO. 7756
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MOUNDS VIEW AND LAW ENFORCEMENT LABOR SERVICES, INC.
LOCAL NO. 232 REGARDING A TRAINING STIPEND
WHEREAS, the City of Mounds View has recently hired a new patrol officer who will
be going through a field training program with certified training officers; and,
WHEREAS, the field training services have traditionally been provided by members
of the Patrol Officers bargaining unit; and,
WHEREAS, as a result of recent promotions, there is a shortage of such certified
training officers in the patrol ranks, necessitating the use of sergeants for such purposes;
and,
WHEREAS, the existing labor agreement with LELS 232 (Sergeants) does not
presently include a field training stipend, necessitating the creation of a Memorandum of
Understanding.
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council
approves the attached Memorandum of Understanding adding language relating to a field
training stipend in the same amount as provided in the patrol officer contract.
Adopted this 28th day of March, 2011.
_______________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________
James Ericson, City Administrator
(seal)
MEMORANDUM OF UNDERSTANDING
FTO STIPEND
This Memorandum of Understanding is made between Law Enforcement Labor Services, Local
232 (“Union”) and the City of Mounds View (“City.”)
WHEREAS, the Union and the City are parties to a collective bargaining agreement;
WHEREAS, the collective bargaining agreement does not contain a provision to
compensate Union members for performing Field Training Officer duties;
WHEREAS, the Field Training Officer duties have been traditionally performed by Patrol
Officers and those Patrol Officers received a stipend(s) for performing those duties;
WHEREAS, Union members are now being assigned Field Training Officer duties;
NOW THEREFORE, the parties agree that each Union member will receive a stipend in
the amount of $154.50 per month, or prorated for periods of less than one month, during any
period when the Union member is actively assigned a trainee for training.
LAW ENFORCEMENT LABOR CITY OF MOUNDS VIEW
SERVICES, INC.
_________________________________ __________________________________
Business Agent date date
_________________________________ __________________________________
Steward, Local 232 date date
Item No: 7G
Meeting Date: March 28, 2011
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Consideration of Resolution 7759, a Resolution Authorizing
Revisions to the Personnel Manual in Section 3.01
(Compensation Policy) and Section 3.45 (Retirement Health
Savings Plan) and the Addition of a New Section 3.47
(Severance) to Address Severance Benefits Not Covered in
Section 3.45.
Introduction:
The City Council directed staff to review the City’s Personnel Manual and to bring forth
updates and revisions as may be necessary to ensure the policies are appropriate,
consistent with applicable laws and representative of the Council’s own goals and policies.
Discussion:
The City Council reviewed Section Three of the Personnel Manual at its work session on
March 7, 2011. One change was noted relating to the reintroduction of language pertaining
to “Severance” which had been eliminated shortly after the Retirement Health Savings Plan
(RHSP) language was added. As noted at the March work session, the RHSP does not
address all types of potential severance pay outs, thus language relating to severance
should be present in the Manual. The new language proposed at the work session remains
recommended, as follows:
Section 3.47
Subject to the provisions of Section 3.45, employees who sever employment with
the City shall be compensated for any remaining accrued Vacation hours and
Compensatory Time hours not already directed into an RHSP. (Unused Floating
Holidays are not eligible for Severance payout.) Employees with less than two full
years of service are not eligible for payout of Sick Leave hours. Employees with
two or more years of service are subject to the terms and provisions addressed in
Section 3.45 regarding Sick Leave balances upon separation.
In addition, it was noted at the work session that the non-union personnel had scheduled a
meeting to determine whether any changes were needed relating to the Retirement Health
Savings Plan program. The City adopted this retirement savings vehicle as an employee
benefit option about 7 years ago to take advantage of tax savings for both the City and the
employee. Participation can be structured based on a specific employment group and
employees may opt to put a percentage of their salary toward the RHSP or a percentage of
their severance to the RHSP.
Personnel Manual – Section 3 Revisions
March 28, 2011
Page 2
The non-union employees recommend the following changes to Section 3.45 of the
Personnel Manual:
B. Employees who have a sick leave balance of 480 600 or more hours shall contribute
their excess balance to the RHSP at a 2 to 1 ratio with a maximum annual
contribution of 160 hours (80 hours converted) or that amount which brings the
employee’s sick leave balance down to 480 600 hours—whichever is less. The City
shall calculate and process the annual employee contribution to the RHSP on the first
payroll period of November of each year.
C. Non-exempt employees shall contribute three percent of their salary per payroll period
towards the RHSP. In addition, upon separation from the City, non-exempt
employees who have completed two or more years of service and leave in good
standing shall contribute 100% of accrued vacation compensation to the RHSP.
D. POST Certified Employees shall contribute five percent (5%) of their salary per payroll
period toward the RHSP. In addition, upon separation from the City, POST Certified
Employees who have completed two or more years of service and leave in good
standing shall contribute 100% of accrued vacation compensation to the RHSP.
E. Employees who are Certified Municipal Clerks or employees who have not completed
two years of service shall not contribute any salary or vacation compensation to the
RHSP.
F. All other non-union employees who have completed two or more years of service and
leave in good standing shall contribute 50% of accrued vacation compensation to the
RHSP.
The above changes do not impact the budget and bear no additional funding liability on the
part of the City.
Finally, one of the Council members suggested that language in the City’s Compensation
Policy found in Section 3.01 should be revised, specifically, the third phase of the
compensation plan relating to Pay Equity Compliance. The City’s policy regarding Pay
Equity essentially says that the City will annually assess compliance with the law and may
adjust wages to correct for observed inequities. State law requires the City to submit a
compliance report every three years; thus, while it may be worthwhile to annually assess
compliance, it would make sense to scale back on what the City will do to match what’s
required by the State. Revising the language to eliminate the annual analysis would not
prohibit the City from conducting an analysis more frequently or adjusting wages if
adjustments were deemed necessary, it would simply eliminate any such obligation or sense
of adjustment entitlement.
The proposed revisions to Section 3.01 are indicated on the following page in typical red
& blue fashion.
Personnel Manual – Section 3 Revisions
March 28, 2011
Page 3
PHASE III. PAY EQUITY COMPLIANCE
The State of Minnesota's Pay Equity Law requires that "every political subdivision of this
state shall establish equitable compensation relationships between female-dominated, male-
dominated, and balanced classes of employees in order to eliminate sex-based wage
disparities in public employment in this state." (Minn. Stat. § 471.992, subd. 1)
The term “equitable compensation relationship” means that the compensation for female-
dominated classes is not consistently below the compensation for male-dominated classes
of comparable work value . . .” (Minn. Stat. §. 471.991, subd. 5).
The City resolves to follow the statutory requirements of the Pay Equity Act as established
presently and as may be amended in the future.
A. In order to meet the requirements of the Pay Equity Law, the City Administrator shall
annually conduct an analysis of compensation using the job evaluation study method
determined by the City Council.
B A Pay Equity Adjustment may be necessary if the annual Pay Equity analysis
indicates a pattern of compensation for female and male-dominated classes which is
inconsistent with the requirements of State Law and the Pay Equity Regulations as
set forth by the Department of Employee Relations.
C. The Pay Equity Analysis and any subsequent resulting compensation adjustment
necessary to achieve compliance represents the final Step in the overall
compensation process.
Recommendation:
Staff recommends that the City Council approve Resolution 7759, a resolution authorizing
revisions to the Personnel Manual in Section 3.01 (Compensation Policy) and Section 3.45
(Retirement Health Savings Plan) and the addition of a new Section 3.47 (Severance) to
address severance benefits not covered in Section 3.45.
Respectfully submitted,
________________________
James Ericson
City Administrator
RESOLUTION 7759
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING REVISIONS TO THE PERSONNEL MANUAL IN
SECTION 3.01 (COMPENSATION POLICY) AND SECTION 3.45
(RETIREMENT HEALTH SAVINGS PLAN) AND THE ADDITION OF A NEW
SECTION 3.47 (SEVERANCE) TO ADDRESS SEVERANCE BENEFITS
NOT COVERED IN SECTION 3.45
WHEREAS, the City Council acknowledges the necessity of ensuring that the policies
within the City’s Personnel Manual are appropriate, consistent with applicable law and
reflective of the City’s own goals and priorities; and,
WHEREAS, the City Council reviewed Section Three of the Personnel Manual relating
to Compensation and Benefits at its work session on March 7, 2011; and,
WHEREAS, the City Council recognizes that minor revisions to this section of the
Personnel Policy are warranted.
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council approves
the identified revisions to Section Three of the Personnel Manual as noted in the attached
Exhibit A.
Adopted this 28th day of March, 2011.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
EXHIBIT A.
PHASE III. PAY EQUITY COMPLIANCE
The State of Minnesota's Pay Equity Law requires that "every political subdivision of this
state shall establish equitable compensation relationships between female-dominated, male-
dominated, and balanced classes of employees in order to eliminate sex-based wage
disparities in public employment in this state." (Minn. Stat. § 471.992, subd. 1)
The term “equitable compensation relationship” means that the compensation for female-
dominated classes is not consistently below the compensation for male-dominated classes
of comparable work value . . .” (Minn. Stat. §. 471.991, subd. 5).
The City resolves to follow the statutory requirements of the Pay Equity Act as established
presently and as may be amended in the future.
A. In order to meet the requirements of the Pay Equity Law, the City Administrator shall
annually conduct an analysis of compensation using the job evaluation study method
determined by the City Council.
B A Pay Equity Adjustment may be necessary if the annual Pay Equity analysis
indicates a pattern of compensation for female and male-dominated classes which is
inconsistent with the requirements of State Law and the Pay Equity Regulations as
set forth by the Department of Employee Relations.
C. The Pay Equity Analysis and any subsequent resulting compensation adjustment
necessary to achieve compliance represents the final Step in the overall
compensation process.
B. Employees who have a sick leave balance of 480 600 or more hours shall contribute
their excess balance to the RHSP at a 2 to 1 ratio with a maximum annual
contribution of 160 hours (80 hours converted) or that amount which brings the
employee’s sick leave balance down to 480 600 hours—whichever is less. The City
shall calculate and process the annual employee contribution to the RHSP on the first
payroll period of November of each year.
C. Non-exempt employees shall contribute three percent of their salary per payroll period
towards the RHSP. In addition, upon separation from the City, non-exempt
employees who have completed two or more years of service and leave in good
standing shall contribute 100% of accrued vacation compensation to the RHSP.
POLICY: COMPENSATION AND BENEFITS SECTION 3.01
POLICY: RETIREMENT HEALTH SAVINGS PLAN SECTION 3.45
A - 1
D. POST Certified Employees shall contribute five percent (5%) of their salary per payroll
period toward the RHSP. In addition, upon separation from the City, POST Certified
Employees who have completed two or more years of service and leave in good
standing shall contribute 100% of accrued vacation compensation to the RHSP.
E. Employees who are Certified Municipal Clerks or employees who have not completed
two years of service shall not contribute any salary or vacation compensation to the
RHSP.
G. All other non-union employees who have completed two or more years of service and
leave in good standing shall contribute 50% of accrued vacation compensation to the
RHSP.
Subject to the provisions of Section 3.45, employees who sever employment with the City
shall be compensated for any remaining accrued Vacation hours and Compensatory Time
hours not already directed into an RHSP. (Unused Floating Holidays are not eligible for
Severance payout.) Employees with less than two full years of service are not eligible for
payout of Sick Leave hours. Employees with two or more years of service are subject to
the terms and provisions addressed in Section 3.45 regarding Sick Leave balances upon
separation.
POLICY: SEVERANCE SECTION 3.47
A - 2
Item No: 7H
Meeting Date: March 28, 2011
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Resolution 7760 Authorizing the Layoff of Kenneth Roberts,
Community Development Director, and Awarding Severance
Introduction:
As a result of our nation’s recession, the State’s budget crisis and market forces which
have severely curtailed development and building activity in the City of Mounds View,
revenues to the City have decreased substantially in two successive years and already
receipts are far below expectations in the present year. The City has examined services
and staffing in all departments in an effort to reduce expenditures, and will continue to
evaluate any and all potential cost-savings initiatives without impacting or diminishing the
delivery and quality of core services expected by its residents.
Discussion:
One service area that has been hit especially hard by the recession is the Community
Development Department. From 2009 to 2010, building permits and planning activity have
significantly decreased, with corresponding decreases in contractor license, permit, plan
review and planning case revenues. Given the significantly reduced workload and the
limited revenues generated, it became clear that the City Council would need to consider a
reduction in workforce. After reviewing each position’s responsibilities, wages and benefits,
and considering experience, seniority and skill-set, the position that was deemed most
expendable was the community development director, held by Kenneth Roberts since June
16, 2008.
The Personnel Manual addresses layoffs in Section 4.15. This policy states that the “City
Administrator, with the approval of the City Council, may lay off any employee whenever
such action is deemed necessary by reason of shortage of work funds, the elimination of
the position, changes in the organization, or other causes.” This policy also requires that
any employee to be laid off be provided with two week’s notice in writing prior to the
effective date of the layoff.
Finally, it is has generally been the practice to provide laid off employees with a severance
in addition to any compensation for accrued sick leave and vacation hours in an amount
equal to one week of pay for each full year of employment. Mr. Roberts was hired in June
of 2008, thus he has worked two full years and would be eligible for two weeks of pay as a
severance. Also, while floating holidays were not intended to be computed in severance
compensation, because Mr. Roberts has not had an opportunity to use the two accrued
floating holidays this year, it is recommended they be added to the severance calculation.
Roberts Layoff and Severance Authorization
March 28, 2011
Page 2
Recommendation:
Based on the poor economic climate, the significantly reduced workload and the limited
collection of departmental revenue, a reduction in workforce is warranted in the Community
Development Department. The City Administrator conducted an assessment and analysis
of each position within the department, and as a result, it is recommended that the position
of Community Development Director held by Mr. Kenneth Roberts be laid off permanently.
Because the Personnel Manual requires a 14 day notice, the last day of employment for
Mr. Roberts would be April 11, 2011, however it is recommended that his last official day of
work would be March 28, 2011. Finally, in recognition of his years of service to the City
and to aid in this employment transition, it is recommended the Mr. Roberts be provided a
severance of two weeks and two days plus any accrued vacation and sick leave he is
otherwise owed.
Following Council action, a Notice of Layoff would be provided to the employee consistent
with the requirements of the Personnel Manual.
Respectfully submitted,
________________________
James Ericson
City Administrator
RESOLUTION NO. 7760
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE ELIMINATION (LAYOFF) OF THE COMMUNITY
DEVELOPMENT DIRECTOR POSITION HELD BY KENNETH ROBERTS AND
PROVIDING FOR SEVERANCE
WHEREAS, the City Council has directed the City Administrator to evaluate staffing
and make recommendations that would result in a potential reduction in workforce and a
reduction in budget expenditures; and,
WHEREAS, revenues in the Community Development Department, collected
through building permit, planning fees, plan review fees and contractor licenses, have
decreased substantially over the last two years; and,
WHEREAS, as a result of market forces and a poor economy, the volume of
building and planning activity within said Department has decreased substantially over the
last two years; and,
WHEREAS, as a result of the decreased revenue and the decreased activity, it has
become evident that the Community Development Department has more staff than
presently necessary; and,
WHEREAS, in recognition of certain factors including duties, responsibilities,
longevity and compensation, in combination with the reduced departmental workload, the
City Administrator has determined that the position of Community Development Director,
currently held by Kenneth Roberts, can no longer be supported; and,
WHEREAS, Section 4.15 of the City’s Personnel Policy provides that the “City
Administrator, with the approval of the City Council, may lay-off any employee whenever
such action is deemed necessary by reason of shortage of work funds, the elimination of
the position, changes in the organization, or other causes.”
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council hereby
authorizes the City Administrator to eliminate the Community Development Director position
by means of layoff.
BE IT FURTHER RESOLVED, that last day of employment of Mr. Kenneth Roberts
shall be April 11, 2011, and the last day of work shall be March 28, 2011, as specified in the
Notice of Layoff provided to said employee.
BE IT FURTHER RESOLVED, Mr. Roberts shall receive a severance payment of
one week’s pay for each complete year of service plus any unused floating holidays, and be
accorded all other severance benefits as provided in the City’s Personnel Policy subject to
the terms and conditions therein.
Resolution 7760
March 28, 2011
Page 2
NOW THEREFORE BE IT FINALLY RESOLVED, that the City Administrator will
assume supervisory oversight of the Community Development Department with certain
duties being assumed by the remaining department staff and the City Administrator, as
needed.
Adopted this 28th day of March, 2011.
_________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
James Ericson, City Administrator
(seal)
Item No: 8.A.
Meeting Date: March 28, 2011
Type of Business: Council Consent
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 7762 Authorizing Insurance Policies for the Year
January 2011 through December 2011.
The attached Resolution 7762 authorizes staff to purchase insurance policies with the
League of Minnesota Cities Insurance Trust and Chubb Insurance and to make payment of
the premiums as they become due.
The January 1 renewal date has delayed receipt of our policy from the League of Minnesota
Cities Insurance Trust as there are a number of cities with the same date. The League has a
difficult time processing that many applications. The cost of our property and liability policy
decreased by $24 as a result of reduced rates and adjusted property values.
The premium for workers’ compensation has decreased by $11,352 in 2011. This is the
result of a reduced experience modifier. We continue to receive non-smoking rates for the
police department as they continue to be 90% smoke free. The overall affect will be a
decrease of $11,376 over 2010.
The LMCIT now includes Open Meeting Law coverage as part of the Comprehensive
Municipal Coverage and not as separate coverage.
Staff recommends approval of resolution 7762 authorizing the purchase of insurance policies
for the year January 1, 2011 through December 31, 2010.
Respectfully submitted,
___________________________
Mark Beer
RESOLUTION NO. 7762
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Authorizing Insurance Policies for the Year January 2011 through December 2011
WHEREAS, the City of Mounds View has made application for insurance policies to
cover the period of January 1, 2011 through December 31, 2011 and has received
proposed policies from the League of Minnesota Cites Insurance Trust (LMCIT) and Chubb
Insurance.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds
View authorizes staff to purchase the following insurance policies from the LMCIT and
Chubb Insurance for the period of January 1, 2011 through December 31, 2011 and to
make payment of premiums as they become due:
Internet Liability (Chubb) $ 2,500
Comprehensive Municipal Coverage (LCMIT) 86,304
Worker’s Compensation (LCMIT) 76,816
Total $165,620
Adopted this 28th Day of March 2011.
______________________________
Joe Flaherty, Mayor
(ATTEST)
______________________________
Jim Ericson
City Clerk/Administrator
(SEAL)
Revisions/Corrections made by Communtiy Development Director Ken Roberts and Assistant City Administrator Desaree Crane
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
March 14, 2011 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: Stigney, Hull, Mueller, Gunn. 16
17
NOT PRESENT: Flaherty. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, March 14, 2011, City Council Agenda. 21
22
City Administrator Ericson explained that Mayor Flaherty requested Item 8D be removed from 23
the Consent Agenda and be discussed at the March 28th Council meeting. 24
25
MOTION/SECOND: Gunn/Hull. To Approve the Monday, March 14, 2011, agenda as 26
amended. 27
28
Ayes – 4 Nays – 0 Motion carried. 29
30
5. PUBLIC INPUT 31
32
None. 33
34
6. SPECIAL ORDER OF BUSINESS 35
36
None. 37
38
7. COUNCIL BUSINESS 39
A. Resolution 7752, Authorizing Step Wage Adjustment for Nick DeBar, Public 40
Works Director, and Don Peterson, Public Works Supervisor. 41
42
Assistant City Administrator Crane stated Public Works Director Nick DeBar and Public Works 43
Supervisor Don Peterson both received satisfactory performance evaluations and Staff 44
recommends the Council authorize the appropriate step wage increase for each employee. 45
Mounds View City Council March 14, 2011
Regular Meeting Page 2
MOTION/SECOND: Stigney/Hull. To Waive the Reading and Adopt Resolution 7752, 1
Authorizing Step Wage Adjustment for Nick DeBar, Public Works Director, and Don Peterson, 2
Public Works Supervisor, adjusting Nick DeBar’s year of hire to 2009. 3
4
Ayes – 4 Nays – 0 Motion carried. 5
6
B. Resolution 7753, Appointing Jean Miller as the 2010 Citizen of the Year. 7
8
Assistant City Administrator Crane explained the Citizen of the Year award honors residents 9
invested in the community. The City received five nominations this year for Citizen of the Year 10
and two were for the same individual. After discussing this item in detail at the March 7th 11
Council works session, the Council agreed to appoint Jean Miller the 2010 Citizen of the Year. 12
Ms. Miller would be presented with this award at the April 18th Town Hall meeting. Staff read 13
the resolution in full and recommended appointing Jean Miller 2010 Citizen of the Year. 14
15
MOTION/SECOND: Gunn/Hull. To Adopt Resolution 7753, Appointing Jean Miller as the 16
2010 Citizen of the Year. 17
18
Acting Mayor Mueller congratulated Ms. Miller and thanked all the nominees for their dedication 19
to the community. 20
21
Ayes – 4 Nays – 0 Motion carried. 22
23
C. Resolution 7754, Approving the Hire of Agnes Quasabart to the Position of 24
Accountant in the Finance Department. 25
26
Assistant City Administrator Crane indicated Mary Tatarek would be retiring after 30+ years of 27
working for the City. Her last day of employment would be April 22, 2011. At the January 24th 28
Council meeting the Council directed staff to fill this position prior to Ms. Tatarek’s retirement 29
to allow for valuable training for the incumbent. Staff advertised for the open position and 30
received 80+ applications. 31
32
Assistant City Administrator Crane noted interviews were held and the consensus of staff was to 33
recommend the Council hire Agnes Quasabart for the position of Accountant in the Finance 34
Department starting at Step 1 of the pay grade. Employment would begin March 29th. 35
36
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7754, 37
Approving the Hire of Agnes Quasabart to the Position of Accountant in the Finance 38
Department. 39
40
Council Member Stigney indicated he spoke with Staff to inquire if this position could be 41
outsourced. Finance Director Beer explained that this position required a great deal of detailed 42
internal processing and it would be difficult to train an outside firm. 43
44
Ayes – 4 Nays – 0 Motion carried. 45
Mounds View City Council March 14, 2011
Regular Meeting Page 3
1
D. Resolution 7755, Adopting Council Priorities for 2011. 2
3
City Administrator Ericson reviewed the Council’s priorities for 2011 as discussed at a recent 4
Work Session meeting. He read through the list in detail. Staff recommended the Council adopt 5
the priorities as presented. Once approved the priorities would be posted on the City’s website 6
and brought to the public at the upcoming Town Hall meeting. 7
8
MOTION/SECOND: Hull/Mueller. To Waive the Reading and Adopt Resolution 7755, 9
Adopting Council Priorities for 2011. 10
11
Ayes – 4 Nays – 0 Motion carried. 12
13
8. CONSENT AGENDA 14
15
Council Member Gunn asked to remove Item C. 16
17
A. Set a Public Hearing for Monday, March 28, 2011, at 7:05 p.m. to Consider 18
an Interim Use Permit for a Temporary Tent at the Mermaid Entertainment 19
Center, 2200 County Highway 10. 20
B. Set a Public Hearing for Monday, March 28, 2011, at 7:10 p.m. to Consider 21
an Easement Vacation on 5260 O’Connell Drive as part of the Coventry 22
Senior Living Development. 23
C. Resolution 7751, Accepting Donation from Bethlehem Baptist Church and 24
Approving Redistribution of Funds Totaling $17,230. 25
D. Resolution 7756, Approving a Memorandum of Understanding between the 26
City and LELS 232 regarding Training Stipend. 27
28
MOTION/SECOND: Gunn/Stigney. To Approve the Consent Agenda, Items A and B. 29
30
Ayes – 4 Nays – 0 Motion carried. 31
32
C. Resolution 7751, Accepting Donation from Bethlehem Baptist Church and 33
Approving Redistribution of Funds Totaling $17,230. 34
35
Council Member Gunn requested the distribution of funds be read aloud by Staff. City 36
Administrator Ericson explained Bethlehem Baptist was allotting $6,000 to Club Mend, $2,000 37
for Music in the Park, $1,000 for Festival in the Park, $1,000 for Y Partners, $1,000 for the 38
Edgewood Summer Sale Program, $2,000 for disc golf asphalt tees at Silver View Park, $858.50 39
for a batting cage L screen at Greenfield Park, $500 for the Mobile Dental Clinic, and $2,871.50 40
for EDA activities for a total donation of $17,230. 41
42
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7751, 43
Accepting Donation from Bethlehem Baptist Church and Approving Redistribution of Funds 44
Totaling $17,230. 45
Mounds View City Council March 14, 2011
Regular Meeting Page 4
1
Council Member Stigney noted the funds received from Bethlehem Baptist were in lieu of taxes 2
paid. He felt the funds should be allotted to items that benefit the majority of residents and he 3
would not support the item with funds allotted to Music in the Park. 4
5
Ayes – 3 Nays – 1 (Stigney) Motion carried. 6
7
9. JUST AND CORRECT CLAIMS 8
9
Finance Director Beer answered the Council's questions related to claims. 10
11
MOTION/SECOND: Hull/Gunn. To Approve the Just and Correct Claims as presented. 12
13
Ayes – 4 Nays – 0 Motion carried. 14
15
10. APPROVAL OF MINUTES 16
A. February 14, 2011, City Council Meeting Minutes. 17
18
Acting Mayor Mueller requested a correction on Page 10, Lines 1 and 3 the Ramsey County 19
Sherriff’s name should be spelled “Bostrom”. In addition, on Line 12, the spelling of Medtronic 20
should be corrected. 21
22
Community Development Director Roberts indicated on Page 6, Line 13, the line should read, 23
the State has a huge budget deficit. 24
25
MOTION/SECOND: Gunn/Stigney. To Approve the February 14, 2011, City Council meeting 26
minutes as corrected. 27
28
Ayes – 4 Nays – 0 Motion carried. 29
30
B. February 28, 2011, City Council Meeting Minutes. 31
32
Council Member Stigney requested a correction on Page 1, Line 30 noting the spelling of Mike 33
Read’s last name be corrected. 34
35
Acting Mayor Mueller stated that Page 3, Line 32 should read the repairs were committed to by 36
a previous owner. 37
38
MOTION/SECOND: Gunn/Hull. To Approve the February 28, 2011, City Council meeting 39
minutes as corrected. 40
41
Ayes – 4 Nays – 0 Motion carried. 42
43
11. REPORTS 44
A. Reports of Mayor and Council. 45
Mounds View City Council March 14, 2011
Regular Meeting Page 5
1
Council Member Gunn noted the school district was on Spring Break this week and reminded the 2
public to be cautious of children playing outdoors. 3
4
Acting Mayor Mueller noted the Festival in the Park Committee was meeting on March 15th at 5
City Hall at 7:00 p.m. She noted the Committee was still seeking volunteers with a special need 6
for parade planning. 7
8
B. Reports of Staff. 9
1. Community Development Department 2010 Report. 10
11
Community Development Director Roberts reviewed the Community Development Department 12
2010 Annual Report with the Council. He indicated the report was a group effort from his 13
department and reflected well on his Staff. Highlights of the year include the department 14
finishing the year $55,000 under budget. However, revenues also down were over the year. 15
16
Community Development Director Roberts indicated Coventry Senior Living would continue 17
with their development along with Select Senior Living. In addition, the Farmers Market had a 18
successful year in 2010, and would be back again this year at the Movie Theater. He noted the 19
logo implementation continues within the City and signs were erected along County Highway 10 20
in 2010. Several code enforcement cases were then discussed noting the City was working to 21
reduce the number of cases. 22
23
Community Development Director Roberts explained he would be presenting a nuisance service 24
call fee ordinance to the Council at the April work session meeting. This Ordinance would give 25
the City the ability to charge a service fee to an owner/occupant if a single property generates 26
several service calls in one year. This service fee was being proposed in lieu of the vacant 27
building registration ordinance. 28
29
Acting Mayor Mueller questioned if the Annual Report would be available for residents to view 30
online or at City Hall. Community Development Director Roberts stated the information would 31
be available after this evenings meeting. 32
33
2. Police Department 2010 Report. 34
35
Police Chief Kinney reviewed the Police Departments 2010 Annual Report with the Council in 36
detail. He reviewed the crimes and calls numbers stating the calls for service had increased in 37
2010, along with court citations. In the area of crime prevention, all businesses in the City of 38
Mounds View passed both checks for the alcohol and tobacco compliance checks. 39
40
Police Chief Kinney indicated a crime mapping feature was now available on the department’s 41
website. This has become a popular tool for the residents to review the location and type of 42
crime committed in the City. He stated the School Resource Officer at Edgewood Middle School 43
maintains a busy schedule due to the increased level of juvenile crime in the community. 44
However, the officer on this duty has been working well with the school district. 45
Mounds View City Council March 14, 2011
Regular Meeting Page 6
1
Police Chief Kinney indicated Sergeant Mike Kampa retired after 23 years of service to the 2
community. Ben Zender was promoted to the position of Sergeant and the department hired 3
Greg Newman to fill the vacancy. He indicated the Police Department was happy to report they 4
came in under budget in 2010 by just under 7%. 5
6
Acting Mayor Mueller thanked Police Chief Kinney for his detailed report and presentation this 7
evening. 8
9
3. Administrator Report. 10
11
City Administrator Ericson reviewed that the 2012 budget was under discussion to address 12
potential budget shortfalls taking place in 2011. The City may not be receiving any further LGA 13
or market value homestead credit. He indicated the City was looking to cut an additional 14
$250,000 from the budget and would be discussed further at the April work session. 15
16
City Administrator Ericson explained that the Council would need to address the level of core 17
services provided to the residents as current revenue streams would not be able to support these 18
services into the future. Staff was going to recommend the layoff of one personnel member to 19
assist with a reduction in City expenses. 20
21
Council Member Hull agreed with Staff’s recommendation stating he did not want to see core 22
services cut and was in favor of the layoff. 23
24
Council Member Gunn also agreed stating there were no other areas to cut at this time. She felt 25
if the Council did not support the layoff, the Council would have to raise taxes. 26
27
Council Member Stigney indicated it would have been better for the City to not be in the 28
predicament to have to lay off an employee. However, this was now the case. He recommended 29
that each department within the City further review its personnel structure. All essential services 30
should also be further evaluated. 31
32
Acting Mayor Mueller stated while some essential services have funding mechanisms, others do 33
not. This would lead the Council to make some tough decisions over the coming year as the 34
budget forecast for 2012 had a $250,000 shortfall. While it pained her to make this decision, she 35
supported the lay off as recommended by staff. 36
37
City Administrator Ericson stated GMHC has requested the City advance $50,000 into an interest 38
bearing account to assist with upcoming expenses for the City’s recently approved home loan 39
programs. The City would forward to GMHC EDA funds to assist with the administration of 40
home improvement loans. If no loans were received or approved through the program, the funds 41
would be returned to the City of Mounds View. Staff was in favor of the fund allocation. 42
43
Mounds View City Council March 14, 2011
Regular Meeting Page 7
Acting Mayor Mueller questioned which funds would be passed along to GMHC. City 1
Administrator Ericson explained EDA dollars would be used and $150,000 was budgeted for the 2
housing replacement program in 2011. 3
4
Acting Mayor Mueller asked how surplus funds in this account would be distributed at the end of 5
2011. City Administrator Ericson indicated it would be Staff’s hope for GMHC to use the full 6
allotment for the closure of home loans, but additional funds would be reimbursed to the City. 7
He recommended the Council evaluate the program in further detail at the end of the year. 8
9
Council Member Stigney stated he would be in favor of reevaluating the program at the end of 10
2011 as he did not support each item within the current program. 11
12
Acting Mayor Mueller, Council Member Gunn and Council Member Hull were in favor of 13
allotting the funds to GMHC. 14
15
City Administrator Ericson noted there was no new information on the Vikings Stadium location. 16
New information should be available sometime in May. 17
18
C. Reports of City Attorney. 19
20
City Attorney Riggs submitted a written report. 21
22
12. Next Council Work Session: Monday, April 4, 2011, at 7:00 p.m. 23
Next Council Meeting: Monday, March 28, 2011, at 7:00 p.m. 24
25
13. ADJOURNMENT 26
27
The meeting was adjourned at 8:18 p.m. 28
29
Transcribed by: 30
31
Heidi Guenther 32
TimeSaver Off Site Secretarial, Inc. 33
470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
0
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
CHARTERED
ScoTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-anaven.com
Date: March 25, 2011
To: Jim Ericson, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-I1: Administration. General discussions with staff regarding various City matters.
Legal research regarding questions asked by City Staff at the Data Practices
training. Follow-up with City staff regarding same. Matters are presently
pending.
W125-14: Public Works Matters. Telephone conferences with City staff and LMCIT
regarding frozen water pipe issue. Legal research regarding abatement of a
public/private nuisance (apartment building parking lot). Consult with City staff
regarding same. Review and revise Vacant Building Registration ordinance.
Review engineering agreements - HVAC System Maintenance (City Hall) (Trane)
- HVAC System Maintenance (Community Center and Public Works
Facility)(Architect Mechanical) - Community Center Interior Painting
Improvements - Short Form of Agreement for Professional Engineering Services.
Matters are presently pending.
MU210-106: General Labor Matters. Review and consult with City staff regarding mediation
of labor contract, labor negotiations, etc. Matter is presently pending.
MU210-107: Telecommunications Matters. Review cable franchise renewal documents.
Consult with City staff. Matter is presently pending.
MU210-111: Personnel Matters. Work on personnel policy issues. Begin preparation for
sexual harassment training. Review Memorandum of Understanding FTO
383971 SJR MU125-11
Stipend. Consult with City staff regarding same. Research and documentation
review regarding 2011 personnel matters. Review proposed personnel policy
revisions, etc. Review and work on reduction in force issue. Consult with City
staff regarding same. Matters are presently pending.
MU210-179: 2009-2010 Street Improvement Project. Begin research on special assessment
process and parking/right of way issue near multifamily housing. Consult with
City staff. Review General and Supplemental Conditions for Area D Project and
consult with City staff regarding same. Review Bonestroo Agreement and confer
with City staff regarding same. Review revised Limited Use Agreement for
Mounds View Estates parking. Matter is presently pending.
MU210-180: Sommers v. City. The City's motion for reconsideration of the Judge's Order of
December 13, 2010, is currently pending. Review recent communique from
League attorney regarding negotiations between the parties. Matter is presently
pending.
MU210-189: Coventry Senior Living Project. Review plat and other documentation. Consult
with City staff regarding same. Matter is presently pending.
MU210-192: Senior Housing Revenue Bonds Series 2010 (Select Senior Living). Temporary
bonds have been issued which are expected to be refunded with permanent bonds
in 2011 when the market improves. Matter is presently pending.
MU210-194: GMHC Matters. Revise promissory note template for EDA home improvement
loan programs and forward to City staff. Matter is presently pending.
SJR:jms
383971 SJR MU125-11