Loading...
HomeMy WebLinkAboutAgenda Packets - 2011/11/14 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, November 14, 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, Resolution7850, a Resolution Adopting the 2012 Fee Schedule B. 7:10pm Public Hearing, First Reading on Ordinance 865, an Ordinance Regulating the Possession, Sale and Consumption of Tobacco and Tobacco Related Devices and Products within the City of Mounds View C. 7:15pm Public Hearing, First Reading on Ordinance 866, an Ordinance Amending Title 900 by Deleting Chapter 901 of the City Code Pertaining to the Snow and Ice Control Policy D. Resolution 7854 Re-approving the Coventry Senior Living Final Plat E. Resolution 7855, Approving Revisions to the Snow Plowing and Ice Control Policy F. Resolution 7849 Supporting the Creation of a K9 Program within the Mounds View Police Dept and Acceptance of a Grant from the St. Paul Canine Foundation G. Resolution 7851 Adopting a Fund Balance Policy H. Resolution 7852 Approving a Capitalization Threshold for Reporting Purposes I. Resolution 7856, Accepting Work for the 2009/2010 Street and Utility Improvement Project (Area A) and Authorizing Final Payment to North Valley, Inc. J. Resolution 7847 Accepting Donation from Bethlehem Baptist Church K. Resolution 7853 Authorizing the Purchase of 820 Neptune R900 Meter Read Devices November 14, 2011, City Council Agenda Page 2 8. CONSENT AGENDA A. Resolution 7840 Approving the Joint Powers Agreement Renewal of the Ramsey County GIS User Group B. Schedule a Public Hearing for Monday, November 28, 2011 at 7:05pm to Consider a Conditional Use Permit for Outside Storage at The Tyson Companies, 4825 Mustang Circle 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. October 10, 2011, City Council Minutes B. October 24, 2011, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Police Department Quarterly Report C. Reports of City Attorney 12. Next Council Work Session: Monday, December 5, 2011, at 7pm Next Council Meeting: Monday, November 28, 2011, at 7pm 13. ADJOURNMENT Last updated: 1 I. .................. Building/Community Dev. Related Fees P. a. ........................................................................... Valuation Table P. b. ................................................................................ Surcharges P. c. .................... General Construction, Home, Building Permits, Misc. P. Accessory Buildings Additions & Remodels, Residential Deck Demolition & Wrecking Door/Window Installation Driveways, Sidewalks, Parking Lots and Patios Electrical Work Elevators Fences / Kennels Fire Permits Fireplaces HVAC Irrigation Systems Manufactured Homes Moving Buildings Plumbing Work Porch Raising, Shoring Reshingling Re-siding/Stucco Satellite Dishes Sheds Signs/Billboards Sprinkler Systems Swimming Pools Temporary Office Tent, Temporary Telecommunication Antenna Warehouse Racking Systems (commercial) Windows d. ......................................... Other Inspections/Planning Fees P. Building Inspections Change of Address Comprehensive Plan Amendment Conditional Use Permit Contractor Licenses Development/Site Plan Review Housing and Fire Inspection Fees Interim Use Permit Interim Use Permit Amendment Investigation Fee Lead Safety Certification Verification Park Dedication Fee Plan Review Fee Planned Unit Development/Amendment Refund Policy Rezoning Street or Easement Vacation Subdivisions Text Amendment, Zoning Code Text Amendment, Other Code Variance Wetland Alteration Permit Wetland Buffer Permit Zoning Letter II. ........ Miscellaneous (copies, maps, agendas, etc.) P. Certified Copies Filing Fee for Public Office Insufficient Fund Checks (NSF) Municipal Code Notary Public Pending Assessment Search Photocopies DVD Copies Zoning Code CD Rom 50th Anniversary Cookbook Mounds View History Book 2 III…….……………. Police/ Administrative Offenses P. IV. .................................................................... Licenses P. Amusement Centers/ Devises/Rides, Carnivals, Circuses Automobile Sales Bowling Alley Cigarette and Tobacco Contractor’s License Dog Licenses Garbage and Rubbish Hauler License Gasoline Station License Kennel License Liquor Licenses/Investigation Fee Rental Dwelling License Pawn Shops Peddlers/Transient Merchant Recuperation of Half Way House Restaurant License Therapeutic Massage/Investigation V. . Park, Recreation, and MVCC Facility Rental Fees P. Banquet and Conference Center Rental Gymnasium Rental Athletic Field Rental Park Building and Picnic Shelter Rental VI. ..................................... Public Works Related Fees P. Call Out Rate Schedule Right-of Way Management Fees Municipal Water System Fees Municipal Sanitary Sewer System Fees Surface Water Management Utility Fees Street Lighting Utility Fees Construction Site and land Disturbance Fees Other Management Public Works Fees 3 I. BUILDING/COMMUNITY DEVELOPMENT RELATED FEES A. VALUATION TABLE The following Valuation Table shall be used to determine fees for those permits indicated below and in all cases where the work is of such a nature that the permit fees cannot be determined from the schedule established below for such work. The minimum fee for all permits shall be $29.50 unless otherwise specified. $1 to $500 $29.50 $501 to $2,000 $28 for the first $500 plus $3.70 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $83.50 for the first $2,000 plus $16.55 for each additional $1,000 or fraction thereof, to and including $25,000 $25,001 to $50,000 $464.15 for the first $25,000 plus $12 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $764.15 for the first $50,000 plus $8.45 for each additional $1,000 or fraction thereof, to and including $100,000 $101,001 to $500,000 $1,186.65 for the first $100,000 plus $6.75 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,886.65 for the first $500,000 plus $5.50 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $6,636.65 for the first $1,000,000 plus $4.50 for each additional $1,000 or fraction thereof 4 Specific Valuations Accessory Buildings: Garages & Sheds Attached Garage $28.63 per sq. ft. Detached Garages & Sheds, > 120 sq. ft. (w/ concrete floor) $15.75 per sq. ft. Detached Garages & Sheds, > 120 sq. ft. (w/ wood floor) $10.02 per sq. ft. Carport / Lean-to $14.32 per sq. ft. Residential Dwelling Additions First Floor and basic floor area $83.51 per sq. ft. Second Floor $64.71 per sq. ft. Shell Only $47.51 per sq. ft. Addition (mobile home) $26.48 per sq. ft. Gazebo/Outdoor Living Room $29.17 per sq ft. Basement Unfinished $16.44 per sq. ft. Rough-In Finish $21.40 per sq. ft. Finished $27.81 per sq. ft. Crawl Space $8.53 per sq. ft. General Remodel $22.33per sq. ft. Deck Residential $9.92 per sq. ft. Porch Screen only $29.17 per sq. ft. Three-Season (wood frame/windows/doors Not Heated) $52.83 per sq. ft. Open Porch $22.00 per sq ft. Swimming Pools (See Chapter 1009) Above ground--Permanent (over 52” in depth) $10.61 per sq. ft. Below ground $31.82 per sq. ft. 5 B. SURCHARGES Building Surcharge: Where the fee for the permit is based upon valuation, the surcharge is as follows: 1. Building Surcharge (For valuation-based permits, the surcharge is as follows) Valuation of Work Surcharge Computation $1,000,000 or less .0005 x valuation $1,000,000 to $2,000,000 $500 + .0004 x (Value - $1,000,000) $2,000,000 to $3,000,000 $900 + .0003 x (Value - $2,000,000) $3,000,000 to $4,000,000 $1,200 + .0002 x (Value - $3,000,000) $4,000,000 to $5,000,000 $1,400 + .0001 x (Value - $4,000,000) Greater than $5,000,000 $1,500 + .00005 x (Value - $5,000,000) For fixed-fee permits, the surcharge shall be $5.00 per permit (or .0005 of the permit fee if permit fee exceeds $10,000). 2. Heating & Plumbing Surcharge Residential $5.00 per permit (or .0005 of the permit fee if fee exceeds $10,010). Commercial Use the above table 6 C. GENERAL CONSTRUCTION, HOME, MISCELLANEOUS BUILDING PERMITS. (Note: Surcharges Not Included in all figures listed below -- See Surcharge Section in Chapter 1006 for more information) Accessory Buildings Use valuation table Residential Additions or Remodels Use valuation table Residential Remodels Use valuation table Deck 30” and under, or not attached to dwelling Deck above 30” $30 (no surcharge) Use valuation table Demolition and Wrecking $30 plus $3.00 per 1,000 cubic feet or fraction thereof over 2,000 cubic feet plus $5.00 surcharge Residential Door or Window Installation Change Opening $40 for first windows/door plus $12.50 for each additional window/door (plus $5.00 surcharge) Use Existing Rough opening $30 for first window/door plus $5.00 for each additional window/door (plus $5.00 surcharge) Egress Basement Window $50 for first window $25 for each additional window (plus $5.00 surcharge) Driveways, Sidewalks, Parking Lots, Patios; New Installation or Overlay (No Surcharge) * A Right-of-way permit is also required for any construction that disrupts City-owned streets, curbing, sidewalks, etc. Residential R-1 or R-2 Overlay or Seal Coating with no expansion, no permit needed. R-4 or R-4 Overlay or Seal Coating Concrete/Asphalt/Brick: $30 for first 500 square feet plus $2 for each additional 100 square feet or fraction thereof (no surcharge) Gravel*: $20 (no surcharge) * See zoning code for gravel limitations. $25 for first 500 square feet plus $2 for each additional 500 square feet. Commercial Use valuation table Electrical Work -- Same as established by the Minnesota State Board of Electricity. Elevators Use valuation table 7 Fences/Kennels Six feet and below Above six feet $30 per installation (no surcharge) $40 35 per installation (plus $5.00 surcharge) 8 Fire Permits Fire Alarm Systems/Panels Fire Works Display Fireworks Sales Temporary Tent Tank Installation (fuel, oil, gas, etc.) Tank Removal (fuel, oil, gas, etc.) Operational Permits $100 $100 $350 (business selling only fireworks) $100 (business selling fireworks & other retail) $50 $100 per tank (no surcharge) $50 per tank (no surcharge) $25 (annually) Fireplaces Wood/Corn burning Stove (Building Permit) $30 plus $5.00 surcharge Gas Fireplace (Mechanical Permit) See Mechanical $30 plus $5.00 surcharge Mechanical HVAC (Plus Surcharge) Commercial HVAC 1.5% of contract price plus surcharge at .0005 times contract price Residential: Air Conditioning $35 per unit Furnaces $40 per unit – New $30 - Replacement Air Exchanger $30 per unit Sheet Metal / Duct Work $30 Ventilation Systems $15 for the first fan plus $5 for each additional Gas fireplace $30 (includes incidental piping) Gas, oil piping $30 per unit Wood/Corn Burning Stove $30 per unit Steam, hot water heating $40 per unit Irrigation Systems (landscaping) $30 (plus $5.00 surcharge) 9 Moving Buildings (See Chapter 1007) Principal Structure $175 per building (plus $5.00 surcharge) Accessory Structure (larger than 400sq. ft.) $50 per building (plus $5.00 surcharge) Accessory Structure (400 sq. ft. or less) $30 Plumbing Work - (Chapter 1004) Residential - Plumbing fixture, devices, Connections Residential - Fixture Replacement (same opening) or Repair Commercial (4 units and up) $22 plus $8 per fixture (plus $5.00 surcharge) $15 or 5% of value whichever is greater up to $30 (plus $5.00 surcharge) 1.5% of contract price plus surcharge at .0005 times contract price Porch Use valuation table Raising, shoring Use valuation table Re-shingling Residential (Re-shingling permit not required for buildings under 120 square feet) $25 for this first 500 square feet plus $4 for each additional 100 square feet or fraction thereof (plus $5.00 surcharge) Commercial Use Valuation Table Re-siding / Stucco Residential (Re-shingling permit not required for buildings under 120 square feet) Soffit/Fascia only (fee not required if included with siding permit) $25 for the first 500 square feet plus $4 for each additional 100 square feet or fraction thereof (plus $5.00 surcharge) Soffit/Fascia: $30 per installation (plus $5.00 surcharge) Commercial Use Valuation Table Retaining Wall Four feet and below Above four feet $30 (no surcharge) $40 (plus $5.00 surcharge) Manufactured Homes (See Chapter 1110) Installation Work $50 per installation (plus $5.00 surcharge) Use valuation table Mechanical (Gas hook up) $25 (plus $5.00 surcharge) 10 Re-siding / Stucco Commercial Use Valuation Table Satellite Dishes (See Chapter 1103.18) (no permit required for mini dish systems) $30 per installation (plus $5.00 surcharge) Sheds (120 square feet and less) $30 (no surcharge) Signs (Zoning Permit, no surcharge) & Billboards (Building Permit, surcharge) See Chapter 1008 Signs up to 100 sq ft. $50 for the first 24 square feet plus $5.00 for each additional 25 square feet or fraction thereof up to 100 square Signs 100 sq. ft. and over $75 for the first 100 square feet plus $10 for each additional 100 square feet or fraction thereof Signs re-facing or altering $40 per installation Temporary Signs $40 per 21 day period (Limit 4 permits per year plus one additional permit for a banner Billboards $250 per billboard (plus $5.00 surcharge) Sprinkler Systems (Fire Suppression) Sprinkler; Residential (City fees waived for systems installed voluntarily) $40 plus $4.50 for each ten sprinkler heads or fraction thereof over the ten heads, plus $5.00 Use Valuation Table Sprinkler; Commercial 1.5% of the contract price plus surcharge at .0005 times the contract price Sprinkler Plan Check Fee 65% of permit fee (for new construction or 20 heads or more only) Residential Swimming Pools Permanent (above or below ground) Use Valuation Table Temporary (52” high or less) $25 (plus $5.00 surcharge) Telecommunication Antenna (Building Permit Fee, see also Chapter 1124) $750 plus $5.00 surcharge per system installation. For installations on city property, fee is 7% of yearly rent to city (plus $5.00 surcharge) $50 each for swapping antennas Temporary Office (Mobile home) $50 ($10 annual renewal) Warehouse Racking Systems (commercial) $50 (new installations or revisions)(plus $5.00 surcharge) Use Valuation Table Windows See Door/Window Installation 11 D. OTHER INSPECTIONS / PLANNING FEES Applicants are responsible for all costs incurred associated with the filing, review and processing of development applications. Such fees are to be paid in escrow up front or upon receipt of statement from the City of Mounds View. Fees may include but are not limited to costs for consultants retained by the City, consultant planning services, attorney, and engineer fees. A deposit may also be required to cover costs of public notices, materials and staff time spent in the review, research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial fee and/or deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within 30 days after consideration of the application is completed. Payment of park dedication fees is required with subdivision applications. Application fees are not refundable. Building Inspections Inspections conducted outside of normal business hours $63.25/hr. (Minimum charge two hours) Inspections for which no fee is specifically indicated $63.25/hr. (Minimum charge - one half hour) Reinspection Fees $63.25/hr. Change of Address $150 Comprehensive Plan Amendment $500 Conditional Use Permit (CUP) R-1 to R-2 $200 All other Districts $400 CUP Amendment Same as CUP Fee Contractor Licenses (See Chapter 1001) $60 (after July 31st , $40) Contractors License Verification Fee $5 per permit (See building procedures) Development/Site Plan Review $400 Housing and Fire Inspection Fees (See Chapter 1012) Initial and Follow up Inspection No charge Each Additional Inspection $63.25/inspection (approved by Resolution 7330) Interim Use Permit (IUP) $400 IUP Amendment $400 12 Investigation Fee Equivalent to permit fee (when work commences without an approved permit) Lead Safety Certification Verification Fee $5 Park Dedication Fee (See Ord 745) Up to 10% of fair market land value Plan Review Fee * Refund Policy: No plan review fee may be refunded after review has been completed. *Payment shall be received before plans are reviewed Plan Review Fee -- “Similar” 65 percent of permit fee for all commercial permits and for residential permits for new dwellings, dwelling additions, garages, garage additions, decks, sheds over 216 square feet, and major remodeling. Additional Plan Review Fee required by changes, additions or revisions to plans $47/ hr. (Minimum charge one half hour) Plan review for outside consultants for plan checking and inspections, or both. Actual costs including administrative and overhead costs. Where all units are the same or similar, each unit after first shall be 25% of original fee. Planned Unit Development (PUD) (See Chapter 1120) $750 PUD Amendment $400 Refund Policy All but $40 of the permit fee can be refunded within 100 days of application if work has not commenced. Rezoning $500 Street or Easement Vacation $250 Subdivisions Minor Subdivision Reapproval Fee $300 $50 Major Subdivision Reapproval Fee $600 $100 Text Amendment, Zoning Code $400 Text Amendment, Other City Code $300 Variance R-1, R-2 (Administrative) $100 (additional $125 if formal variance is required) 13 Wetland Buffer Permit R-1 and R-2 $30 All Other Districts $100 Wetland Alteration Permit R-1 and R-2 $200 All Other Districts $350 Zoning Letter $50 30 14 II. MISCELLANEOUS FEES Certified Copies $5 plus photocopy fee of .25 per page Filing Fee for Public Office See Mounds View City Charter Insufficient Funds (NSF) checks (returned or NSF checks) $30 Municipal Code $200 Notary Public $1 plus any photocopy charges Photocopies Black/White (8 ½” x 11”): $0.25 per printed side Black/White (11” x 17”): $0.50 per printed side Black/White (24”x 36”): $2.00 per printed side Color (8 ½” x 11”): $1.00 per printed side Color (11” x 17”): $2.50 per printed side Color (24”x 36”): $10.00 per printed side Pending Assessments Search $10 DVD Copies $15 Zoning Code CD Rom $15 50th Anniversary Mounds View Cookbook Mounds View History Book $5 $5 15 III. POLICE/ADMINISTRATIVE OFFENSES Crime Free Multi Housing Participant No charge Driver License Record (Out of state) $6 Fingerprint Cards $15 for first card/$5 for each additional card Police/Accident Reports .25 for each page Police Reports Research .25 per page. $50 per hour research fee for all requests exceeding 100 pages. Certified Copy of Report $5 for certification and .25 per page Color Printed Copy $2.00/page 35mm Standard Photos $1.00/print Cassette or Video tape $25.00 Electronic copies to Digital Media $15.00 per disc Impound Vehicle Storage Fee $15.00 per day 30’ Stop Sign $15 Alcohol in public $50 Animal Violations Fee $25 for the 1st violation within 12 months $50 for the 2nd violation within 12 months $75 for the 3rd and subsequent violations w/in 12 months Building and Fire Code $150 Blocking Driveways $100 False Alarm Charges $50 -- Third false alarm in a 2 month period $75 – for each false alarm in excess of three in a twelve month period Fire Hydrant $25 Fire Lane $25 Garbage Dumping $100 Handicap Zone $200 House Numbers $25 Junk Vehicles See Property Based Violations 16 Junk & Debris See Property Based Violations Keys in Ignition $20 Loads limits $150 Loitering $25 Other Illegal Parking $15 Park Ordinance $25 Regulated Business Activity (Title 500) $100 Signs (Chapter 1008) $100 Snowbirds $25 Snowmobiles $25 Loud Parties/Noise: Mufflers, Stereos and other violations of State and City Noise Codes $50 Property Based Violations 1st Offense: $150 2nd Offense (within 12 months): $300 3rd Offense (within 12 months): $450 Administrative Hearing: $50 Tobacco Penalties, Sale to Minors: Administrative Penalties for Individuals 1st Offense: $100 Subsequent Offenses The fine increases by $50 for each subsequent offense within a 24 month period Trespass $25 Truck parking $25 Watering Ban Violations 1st violation Written Warning 2nd violation $25.00 3rd violation $50.00 4th violation $100.00 5th violation $200.00 6th violation Turned over to the City Attorney for criminal prosecution of theft 17 Wetlands (Chapter 1010) $150 Zoning (Title 1100) $150 18 IV. LICENSES (All licenses subject to a 10% late fee where applicable.) Amusement Devices and Centers (Chapter 506) $16 per location plus $16 per machine Automobile Sales (Chapter 510) $204 per year Amusement Rides, Carnivals, Circuses (Chapter 506) $133 for first day plus $21 for each additional day Bowling Alleys (Chapter 507) $21 per alley Cigarette and Tobacco License Fee (Chapter 512) $230 per year Contractor License $60 per year Prorated after July 31st $40 Dog Licenses (decreased by 50% after one year) Spayed or neutered $7 for two years Unsprayed or Unneutered $13 for two years Duplicate tags $2 Garbage and Rubbish Hauler (Chapter 603) $100105 plus $40 42 per vehicle per year Gasoline Stations (Chapter 509) $72 plus $25 per pump Kennel (Chapter 701) Residential $32 per year Commercial $61 per year 19 Liquor Licenses (Chapter 502, 503) On-Sale Intoxicating without Cabaret $.65 per square foot for that space which is used primarily as bar area and $.53 per square foot for that space which is used primarily as dining area with a minimum fee of $3,000 and a maximum fee of $10,000 On-Sale with Cabaret $.65 per square foot for that space which is used primarily as bar area and $.53 per square foot for that space which is used primarily as dining area with a minimum fee of $3,000 and a maximum fee of $10,000 (Resolution No. 4629) State Liquor Certificate $20 per year On-Sale Wine $800 per year Off-Sale Intoxicating $200 per year Bottle Club $330 per year On-Sale Malt Liquor/3.2 Beer $1,000 per year Off-Sale Malt Liquor/3.2 Beer $100 per year Set Ups $330 per year Club $330 per year Temporary Liquor License $100 per event Investigation Fee: All Liquor Licenses Single Person $300/$350 Partnership $365/$385 Corporation $400/$450 20 Rental Dwelling License (Annual) (Chapter 1012) Single Family (New Single Family Rental License) Multi-Family License Fee Discounts: $60 $60 plus one-time conversion fee $60 base fee plus $8 per unit • Certification Level C 20% fee reduction • Certification Level B 33% fee reduction • Certification Level A 50% fee reduction Rental Dwelling License Transfer $40 30 Single Family Rental Conversion Fee $375 (or $100 if owner attends “The Fundamentals of Rental Property Management in Minnesota or equivalent. A $275 refund may be provided upon receipt of Certificate of attendance of RPM Class within one year of rental license application.) Pawn Shops (Chapter 516) Non-Refundable Application Fee (includes cost of investigation) $500 New Manager Investigation Fee $150 Annual License $10,000 Billable Transaction Fee $1.50 per transaction Performance Bond $10,000 Peddlers / Transient Merchants / Solicitors (Chapter 504) Permits $61 per day $204 per month $510 per year Investigation fee, new peddler / solicitor $15 I.D. Card $5.00 per person Recuperation or Half Way House (Chapter 511) Less than 10 beds $33 per year 10-49 beds $55 per year 50-99 beds $82 per year 21 Over 100 beds $110 per year Restaurants -- Class A (occupancy load greater than 100) (Chapter 505) Operating 16 hours/day or less $280 Operating more than16 hours/day $560 Restaurants -- Class B (occupancy load of 100 or less) Operation 16 hours/day or less $168 Operating more than 16 hours/day $337 Therapeutic Massage License Fee/Investigation (Chapter 514) Enterprise License $255 Therapist License $102 Individual Investigation Fee $100 Partnership / Corporation Investigation Fee $350 Temporary Massage License $100 22 V. PARK, RECREATION, AND MVCC FACILITY RENTAL FEES Classifications for Rental Fee Rates: Class I: School District 621, Mounds View Scouts, Lions and 4-H, Mounds View Area Athletic Associations (w/10% roster MV residents) Class II: Mounds View Residents, Mounds View Religious Groups (w/Mounds View Address), Local Political Groups and Mounds View Non-Profits (w/Mounds View Address) Class III: Mounds View City Employees, Non-local School Districts, Non-local Non-profit Groups. Class IV: All For-Profit Groups, Non-local Religious Groups, Non-resident individuals/private agencies, businesses/vendors, and Colleges and Universities. **The City Administrator may waive the rental fees for charitable events held for the benefit of Mounds View residents upon receiving a written request outlining the nature of such event.** BANQUET AND CONFERENCE CENTER RENTALS Event Center 1/6 (Seats 50) *Class I excludes set up services in Event Center or additional set- up in multi-purpose rooms and gymnasium. Class I 2011 2012 2013 Hourly: $11.50 $12.00 14.00 4 hour block: $36.00 $38.00 44.00 Class II Hourly: $22.00 $23.00 27.00 4 hour block: $77.00 $80.00 93.00 Class III Hourly: $29.00 $30.00 35.00 4 Hour block $98.00 $101.00 118.00 Class IV Hourly: $40.00 $41.00 48.00 4 hour block $138.00 $142.00 166.00 Event Center 1/3 (Seats 100) *Class I excludes set up services in Event Center or additional set-up in multi-purpose rooms and gymnasium. Class I 2011 2012 2013 Hour: $21.00 $22.00 25.00 4 hour block: $63.00 $65.00 76.00 Class II Hourly: $33.00 $34.00 39.00 4 hour block $111.00 $115.00 134.00 Class III Hourly: $47.00 $48.00 56.00 4 hour block $150.00 $155.00 181.00 Class IV Hourly: $69.00 $72.00 84.00 4 hour block $232.00 $239.00 279.00 23 Full Event Center (Seats 400) *Class I excludes set up services in Event Center or additional set- up in multi-purpose rooms and gymnasium. Class I 2011 2012 2013 1 Hour $36.00 $37.00 43.00 4 hour block: $110.00 $115.00 134.00 Class II Hourly: $89.00 $92.00 104.00 4 hour block: $285.00 $294.00 343.00 Class III Hourly: $128.00 $132.00 154.00 4 hour block: $410.00 $423.00 494.00 Class IV Hourly: $162.00 $167.00 195.00 4 hour block: $510.00 $526.00 614.00 Kitchen (To be used by Licensed Caterer Only) *Class I excludes set up services in Event Center or additional set- up in multi-purpose rooms and gymnasium. Class I 2011 2012 2013 Hourly $16.50 $17.00 20.00 4 hour block: $42.00 $44.00 51.00 Class II Hourly: $33.00 $34.00 40.00 4 hour block $110.00 $115.00 134.00 Class III Hourly: $45.00 $47.00 55.00 4 hour block $150.00 $155.00 181.00 Class IV Hourly: $68.00 $71.00 83.00 4 hour block $230.00 $237.00 277.00 Multi-Purpose Rooms A and B (Seating up to 10-20 ) For multi-purpose rooms and gymnasium rentals, if the MVCC is not otherwise open, the permit holder will be charged an additional $15/hour for a staff fee. Class I 2011 2012 2013 Hourly: $11.50 $12.00 14.00 4 hour block: $36.00 $38.00 44.00 Class II Hourly: $22.00 $23.00 27.00 4 hour block $76.00 $80.00 93.00 Class III Hourly: $29.00 $30.00 35.00 4 hour block $98.00 $101.00 118.00 Class IV Hourly: $40.00 $41.00 48.00 4 hour block $136.00 $142.00 166.00 24 Multi-Purpose Room C and Youth Room (Seating up to 30-40) * Two-hour minimum rental * For multi-purpose rooms and gymnasium rentals, if the MVCC is not otherwise open, the permit holder will be charged an additional $15/hour for a staff fee. Class I 2011 2012 2013 Hourly Rate: $38.00 $40.00 47.00 4 Hour block: $130.00 $134.00 156.00 Class II Hourly Rate: $50.00 $52.00 61.00 4 Hour block: $165.00 $170.00 198.00 Class III Hourly Rate: $58.00 $60.00 70.00 4 Hour block: $195.00 $201.00 235.00 Class IV Hourly Rate: $68.00 $71.00 83.00 4 Hour block: $230.00 $237.00 277.00 Other Charges Overhead Projectors: $10 per day TV & VCR: $15 per day Microphone $40 per day Screen: $50 $35 per day LCD Projector & Screen $50 $20 / hour, $75 / day $100 /day $25 / hour Lobby $150 $130 / day Bar $20 Lattice $50 Cooler $50 / day Coffee Pot and Carafes $10 Table Linens $3 each Napkins $.15 each Playland $25 / hour, $100 / day Gymnasium Rental Full Gym (Up to 4 hours – hourly rate) Full Gym (Hourly Rate Exceeding 4 Hours) Half Gym (Up to 4 Hours – hourly rate) Half Gym (Hourly Rate Exceeding 4 hours) Class I: $35 Class II: $40 Class III: $45 Class IV: $60 Class I: $70 Class II: $80 Class III: $90 Class IV: $120 Class I: $25 Class II: $30 Class III: $35 Class IV: $50 Class I: $50 Class II: $60 Class III: $70 Class IV: $120 25 Mounds View Athletic Fields Fees Based Upon an Individual Event/Game/Practice. Reservations for Classes II, III, IV will begin on March 1st. Field Reservations may be limited depending upon the number of teams and fields available. The MV YMCA & Parks Maintenance Staff will set a seasonal field use policy to determine field available, appropriate age groups, dates, and times available and fields available. For purposes of the fees below, a time block is considered four (4) hours. Tournaments Baseball & Softball Fields (Youth Only) Hillview Groveland Oakwood Greenfield Lambert City Hall Softball Fields (Adults or Youth) City Hall Silverview Soccer Fields (Youth Only) Silverview Groveland Oakwood Lighting Fee for Softball Fields $100 per Field per Day (If Field Maintenance is required during tournaments, an additional $30 per hour with a two-hour minimum will be charged. Class I: 1 time block free per/wk $5 per add’l time block Class II: $5 per time block Class III: $10 per time block Class IV: Not applicable Class I: 1 time block free per/wk $5 per add’l time block Class II: $5 per time block Class III: $15 per time block Class IV: $30 per time block Class I: 1 time block free per/wk $5 per add’l time block Class II: $5 per time block Class III: $10 per time block Class IV: Not Applicable Class I: $20 per time block Class II: $30 per time block Class III: $40 per time block Class IV: $40 per time block 26 Park Building and Shelter Rentals – Random, Groveland, Hillview, and Lambert Parks Rates based upon 4 hour blocks or fraction thereof (e.g., a 7 hour rental = two 4 hour blocks). Groveland, Hillview, and City Hall Parks (see Page 21 for Classifications) $100 Refundable Damage Deposit Required $50 Service Fee will be Charged to Groups of 50 or more Class I 4 hours: $2515 Full day: $30 Class II 4 hours: $5035 Full day: $70 Class III 4 hours: $7550 Full day: $100 Class IV 4 hours: $10070 Full day: $140 Picnic Shelter Rentals – Silver View and City Hall Parks Lambert, Random, and Silver View Parks (see Page 21 for Classifications) $100 Refundable Damage Deposit Required $75 50 Service Fee will be Charged to Groups of 50 or more Class I 4 hours: $5035 Full Day: $70 Class II 4 hours: $7550 Full day: $100 Class III 4 hours: $10070 Full day: $140 Class IV 4 hours: $150100 Full day: $200 27 VI. PUBLIC WORKS RELATED FEES CALL-OUT RATE SCHEDULE (used for all hourly-based fees in this chapter) Normal Business Hours for Call-out Rates 7:00 a.m. to 3:00 p.m., Monday thru Friday After-Hours for Call-out Rates 3:00 p.m. to 7:00 a.m., Monday thru Thursday Weekend and Holiday Hours for Call-outs 3:00 p.m. Friday to 7:00 a.m. Monday + Holidays Standard Call-out Rate: Specified time conducted entirely within normal business hours $50 per hour specified After-Hours Call-out Rate: Specified time conducted entirely within or partially during after-hours $85 per hour specified Weekend/Holiday Call-out Rate: Specified time conducted during weekend and holiday hours $120 per hour specified RIGHT-OF-WAY MANAGEMENT FEES (Chapter 910) Registration Fee (Annual) $25 Excavation Permit Fees:* Hole Fee Trench Fees (requires Hole Fee) Trenchless Fees (req. Hole Fee) $125 per hole excavated $50 per 100 lineal feet of trenching beyond hole $25 per 100 lineal feet of utility installed using trenchless methods (HDD, etc.) Obstruction Permit Fees:* Obstruction Base Fee Lineal Obstruction Fee (requires Obstruction Base Fee) $50 per obstruction $7 per 100 lineal feet obstructed (in-line w/ traffic) per each week of obstruction Permit Extension Fee $20 Delay Penalty $10 per day Restoration Cost Security: Determined on a permit-by-permit basis by the PW Director Hole Excavation Trench Excavation Trenchless Excavation Minimum security amounts: $1,000 per hole excavated $1,000 per 100 lineal feet of trenching beyond hole $500 per 100 lineal feet of utility installed using trenchless methods (HDD, etc.) *Additional fees may be required for legal and consulting engineering costs incurred by the City 28 MUNICIPAL WATER SYSTEM FEES (Chapter 906) Water Availability Charge (WAC): Residential $500 per unit Commercial/Industrial $1,000 per acre of developable land ($1,000 minimum charge) Water Rates and Surcharges: Water Usage Rate – Residential 0 to 15,000 gallons per quarter 15,001 to 30,000 gallons per quarter Over 30,000 gallons per quarter $1.80 1.70 per 1,000 gallons $1.98 1.87 per 1,000 gallons $2.28 2.15 per 1,000 gallons Water Usage Rate – Commercial 0 to 150,000 gallons per quarter 150,001 to 750,000 gal. per quarter 750,001 to 1,250,000 gal. per quarter Over 1,250,000 gallons per quarter $1.80 1.70 per 1,000 gallons $1.98 1.87 per 1,000 gallons $2.18 2.06 per 1,000 gallons $2.51 2.37 per 1,000 gallons Water Quality Testing Charge $1.59 per connection quarterly Water Service Line Repair Charge $4.50 per connection quarterly Meter Read Program Penalty (Failure to participate or grant access for installation or repair) $75 per connection quarterly Utility Bill Late Payment Fee 10% of delinquent bill amount Utility Bill Assessment Search $10 Water Connection/Repair Permit Fees:* Service size of less than 4-inches $50 (no surcharge) Service size of 4-inches or greater $75 (no surcharge) Inspection Fees No charge if during normal business hours, otherwise 1 hour at Call-out Rate per visit Re-inspection Fees 1 hour at Call-out Rate per visit *Right-of-Way Permit needed if excavation occurs in public Rights-of-Way Water Hydrant Usage/Deposit Fees: Water Hydrant User Deposit $1,000 Water Consumption from Hydrant Current Rate per 1,000 gallons 29 2 to 3-inch Water Meter Deposit $750 5/8" Water Meter Deposit $125 Hydrant Wrench Deposit $100 Hydrant Hose Deposit $100 per hose Adapters $100 deposit Miscellaneous Fees and Material Costs: Water Service Shut-off/Turn-on Fee 1 hour at Call-out Rate No charge during normal business hours, otherwise 1 hour at Call-Out rate per visit Water Meter Testing Fee $50 1 Hour at Call-Out Rate(fee waived if meter is faulty) Water Testing Fee Standard Call-Out Rate (1 hour)1 Hour at Call-Out Rate Water Meter City cost plus sales tax MXU Radio Remote Reading Device City cost plus sales tax Shut-Off and Curb Stop City cost plus sales tax and 10% for handling MUNICIPAL SANITARY SEWER SYSTEM FEES (Chapter 907) Sewer Service Availability Charge (SAC) $2,365 2,230 per Metropolitan Council Environmental Services Sewer Rates and Surcharges: Sewer Usage Rate $1.97 1.90 per 1,000 gallons water sold Sewer Service Charge - Residential $24.75 23.79 per Residential Equivalent Unit (REU) Connection Quarterly Sewer Service Charge – Commercial, Industrial, Public Bldgs., & Churches $60.79 58.45 per REU Connection Quarterly Sewer Connection/Repair Permit Fees:* Service Conn./Repair Permit Fee $50 (no surcharge) Unit Charge – New Connection $100 per connection Inspection Fees No charge if during normal business hours, otherwise 1 hour at Call-out Rate per visit Re-inspection Fees 1 hour at Call-out Rate per visit *Right-of-Way Permit needed if excavation occurs in public Rights-of-Way 30 SURFACE WATER MANAGEMENT UTILITY FEES (Chapter 908) Surface Water Management Utility Charges - New Construction: R-1 $212 per lot R-2 $1,038 per acre R-3, R-4, R-0 $1,500 per acre B-1, B-2, B-3, B-4 $1,500 per acre I-1, PUD $2,096 per acre Surface Water Management Utility Fee Rates: R-1, R-2 Single & Two Family Residential $10.00 per unit quarterly R-3 Medium Density Residential $54.67 per acre quarterly R-4, R-5, R0 High Density Residential Mobile Homes and Residential Office $64.84 per acre quarterly B-1, B-2, B-3, B-4 Neighborhood Business, Limited Business, Highway Business, Regional Business $84.93 per acre quarterly I-1 Industrial $66.30 per acre quarterly PUD Planned Unit Development $75.19 per acre quarterly CRP Conservancy, Recreation and Presentation $9.24 quarterly School/Church, Public, Private $30.52 quarterly STREET LIGHTING UTILITY FEES (Chapter 904) Residential (includes single family homes, duplexes, four-plexes, condominium and town homes) $3.25 per unit quarterly Commercial/Industrial $16.25 per acre quarterly Institutional/Charitable $16.25 per acre quarterly Apartments $14.37 per acre quarterly 31 CONSTRUCTION SITE AND LAND DISTURBANCE FEES (Ord. 804/Chapter 1303) Land Disturbance Permit Fees:* 50 cubic yards or less…………………….......$29 51 to 100 cubic yards………………….………$44 101 to 1000 cubic yards……………….………$44 for the first 100 cubic yards, plus $21.00 for each additional 100 cubic yards or fraction thereof. 1001 to 10,000 cubic yards……………….…$226 for the first 1000 cubic yards, plus $18.00 for each additional 1000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards………..........$377 for the first 10,000 cubic yards, plus $78.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more……….…..….$1,064 for the first 100,000 cubic yards, plus $44.00 for each additional 100,000 cubic yards or fraction thereof. *Additional fees may be required for legal and consulting engineering costs incurred by the City OTHER MISCELLANEOUS PUBLIC WORKS FEES (Actual time is rounded up to the nearest full hour) Overweight/Oversize Permit Fees $50 daily per vehicle $150 weekly per vehicle $1000 annually per vehicle Emergency Utility Locates No charge if during business hours, otherwise actual time at call-out rate Call-out Charge for Contractor Negligence (lack of maintenance, traffic signs, etc.) Actual time at Call-out Rates Street Sweeping Charges Actual time at Call-out Rates + $100 per hour Tree Removal/Trimming Contact City Forester Water Tower Communications Fees: Water Tower Access Fee No charge if during normal business hours, otherwise 1 hour at Call-out Rate per visit Plan Review and Inspection Fees Actual City, legal, and consulting engineering costs ($2,000 minimum) Item No: 07A Meeting Date: November 14, 2011 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Public Hearing: Resolution 7850, a Resolution Approving the 2012 Fee Schedule Background Attached is the Fee Schedule for 2012. This was reviewed by the City Council at the November Work Session. Changes to the Fee Schedule from 2011 to 2012 are highlighted in red and blue. Discussion This public hearing was published in the City’s official newspaper. If there is no public comment at this meeting, then Staff would recommend approving Resolution 7850, adopting the 2012 Fee Schedule. Recommendation Open the Public Hearing for public comment. Staff recommends adoption of Resolution 7850, approving the 2012 Mounds View Fee Schedule. Respectfully submitted, ________________________ Desaree Crane RESOLUTION 7850 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING THE 2012 FEE SCHEDULE WHEREAS, revisions and updates to the Fee Schedule are necessary; and WHEREAS, each City of Mounds View Department Head has reviewed all fees relevant to his/her department and recommended changes to the City Council where necessary; and WHEREAS, the City Council reviewed the Fee Schedule at the November 7, 2011, Work Session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby approve the 2012 Fee Schedule, which is attached to this resolution. Adopted this 14th day of November, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07B Meeting Date: Nov 16, 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: Public Hearing, First Reading and Introduction of Ordinance 865, an Ordinance Regulating the Possession, Sale and Consumption of Tobacco and Tobacco Related Devices and Products within the City of Mounds View Introduction: On May 9th of this year, the City Council adopted Interim Ordinance 859 establishing a temporary moratorium on new tobacco products licenses and zoning approval for a period not to exceed 12 months to give the City sufficient time to review the current laws, model ordinance language, zoning issues and licensing matters. Since that time, staff has been working with representatives from the Ramsey Tobacco Coalition to review model language they prepared with the League of Minnesota Cities and the Public Health Law Center for purposes of incorporating the same or similar language into the City’s code. At the October work session, the City Council reviewed a draft ordinance prepared by Kennedy & Graven based in large part on the model ordinance created by the League of Minnesota Cities, the Ramsey Tobacco Coalition and the Public Health law Center. The only revisions proposed at that meeting were to expand the sampling allowance to include all tobacco shops, present and future, as long as sampling was limited to cigars, and, to establish an hours of operation for tobacco businesses. These changes have been incorporated into the attached ordinance. Discussion: While many businesses sell tobacco products as part of their retail operation, only two businesses in the City are licensed solely for tobacco sales—Vino and Stogies and Tobacco View. Staff sent letters to both business owners and requested an opportunity to meet and discuss their operations. While Tobacco View has not responded to any correspondence, I was able to meet with Greg Waste of Vino and Stogies. As reported on October 3, 2011, Mr. Waste indicated that the sampling of cigars was integral to his operation and retaining such an allowance would be critical to the success of his business, as many customers will not purchase quantities of product without sampling first. Staff had asked the Ramsey Tobacco Coalition for potential language to allow Vino and Stogies to continue sampling while prohibiting all others, present and future, from doing so. (To our knowledge, the only other affected business, Tobacco View, does not permit sampling of product within their premises.) Subsequently, the Council directed that the sampling provision should apply to all tobacco shops, present and future, subject to all limitations expressed in the ordinance. The ordinance presently reflects this expanded allowance. The Council also suggested that there should be an hours of operation provisions added to the licensing requirements, which can now be found in Section 512.06, under “Prohibited Sales” on Page 7. Ord 865 Report November 14, 2011 Page 2 Recommendation: Open the public hearing and consider the first reading and adoption of Ordinance 865 which incorporates language prepared by the Ramsey Tobacco Coalition, League of Minnesota City and the Public Health Law Center. All licensed retail tobacco establishments have been notified of the public hearing and invited to attend to provide input or ask questions. Should the first reading be adopted, the second reading will occur on November 28, 2011. Respectfully submitted, ________________________ James Ericson City Administrator Attachment: 1. Ordinance 865 ORDINANCE NO. 865 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE REGULATING THE POSSESSION, SALE AND CONSUMPTION OF TOBACCO AND TOBACCO RELATED DEVICES AND PRODUCTS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: Section 1. The City Council of the City of Mounds View hereby amends Title 500, Chapter 512 of the Mounds View City Code, regulating the sale or distribution of cigarette and tobacco products within the City through the issuance of a tobacco license, by deleting the Chapter in its entirety. Section 2. The City Council of the City of Mounds View hereby amends Title 500 by adding a new Chapter 512 of the Mounds View City Code to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices through the issuance of a tobacco license and other regulations relating thereto, as follows: CHAPTER 512 CIGARETTE AND TOBACCO PRODUCTS SECTION: 512.01: Purpose and intent 512.02: Definitions 512.03: License 512.04: Fees 512.05: Basis for denial of license 512.06: Prohibited sales 512.07: Self-service sales 512.08: Responsibility 512.09: Compliance checks and inspections 512.10: Other illegal acts 512.11: Violations and penalty 512.12: Suspension or revocation 512.13: Exceptions and defenses 512.14: Severability Ord 865 Page 2 512.01: PURPOSE AND INTENT: Because the City recognizes that many persons under the age of 18 years purchase or otherwise obtain, possess and use tobacco, tobacco products, tobacco- related devices, and nicotine or lobelia delivery devices, and the sales, possession, and use are violations of both state and federal laws; and because studies, which the City hereby accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 18 years and that those persons who reach the age of 18 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this ordinance shall be intended to regulate the sale, possession and use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in M.S. § 144.391, as it may be amended from time to time. In making these findings, the City Council accepts the conclusions and recommendations of Center for Disease Control in their study “Selected Cigarette Smoking Initiation and Quitting Behaviors Among High School Students, United States, 1997,” and of the following medical professionals in these medical journals: Khuder SA, et al., “Age at Smoking Onset and its Effect on Smoking Cessation,” Addictive Behavior 24(5):673-7, September-October 1999; D’Avanzo B, et al., “Age at Starting Smoking and Number of Cigarettes Smoked,” Annals of Epidemiology 4(6):455-59, November 1994; Chen, J & Millar, WJ, “Age of Smoking Initiation: Implications for Quitting,” Health Reports 9(4):39-46, Spring 1998; Everett SA, et al., “Initiation of Cigarette Smoking and Subsequent Smoking Behavior Among U.S. High School Students,” Preventive Medicine, 29(5):327-33, November 1999, copies of which are adopted by reference. 512.02: DEFINITIONS: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Subd. 1. COMPLIANCE CHECKS. The system the City uses to investigate and ensure that those authorized to sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices are following and complying with the requirements of this ordinance. Compliance checks shall involve the use of minors as authorized by this ordinance. Compliance checks shall also mean the use of minors who attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices. Subd. 2. INDIVIDUALLY PACKAGED. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include but not be limited to single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. Ord 865 Page 3 Subd. 3. INDOOR AREA. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. Subd. 4. LOOSIES. The common term used to refer to a single or individually packaged cigarette or any other tobacco product that has been removed from its packaging and sold individually. The term “loosies” does not include individual cigars with a retail price, before any sales taxes, of more than $2.00 per cigar. Subd. 5. MINOR. Any natural person who has not yet reached the age of 18 years. Subd. 6. MOVEABLE PLACE OF BUSINESS. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Subd. 7. NICOTINE OR LOBELIA DELIVERY DEVICES. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this section, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Subd. 8. RETAIL ESTABLISHMENT. Any place of business where tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices are available for sale to the general public. The phrase shall include but not be limited to grocery stores, convenience stores, restaurants, and drug stores. Subd. 9. SALE. Any transfer of goods for money, trade, barter or other consideration. Subd. 10. SELF-SERVICE MERCHANDISING. Open displays of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service sales are interpreted as being any sale where there is not an actual physical exchange of the product between the clerk and the customer. Subd. 11. SMOKING. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco or plant product intended for inhalation. Ord 865 Page 4 Subd. 12. TOBACCO or TOBACCO PRODUCTS. Tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco product; cigars; cheroots; stogies; perique; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. Tobacco excludes any tobacco product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. Subd. 13. TOBACCO-RELATED DEVICES. Tobacco-related devices includes any tobacco product as well as a pipe, rolling papers, ashtray, or other device intentionally designed or intended to be used in a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products. Subd. 14. VENDING MACHINE. Any mechanical, electric or electronic, or other type of device which dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. 512.03: LICENSE: Subd. 1. License required. No person shall sell or offer to sell any tobacco, tobacco products, tobacco-related device, or nicotine or lobelia delivery device without first having obtained a license to do so from the City. Subd. 2. Application. An application for a license to sell tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices shall be made on a form provided by the City. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the City deems necessary. Upon receipt of a completed application, the City Administrator shall forward the application to the City Council for action at its next regularly scheduled City Council meeting. If the City Administrator shall determine that an application is incomplete, he or she shall return the application to the applicant with notice of the information necessary to make the application complete. Subd. 3. Action. The City Council may either approve or deny the license, or it may delay action for a reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the City Council shall approve the license, the City Administrator shall issue the license to the applicant. If the City Council denies the license, notice of the denial shall be given to the applicant along with notice of the applicant's right to appeal the City Council's decision. Subd. 4. Term. The license is effective from July 1st to June 30th of each year. Ord 865 Page 5 Subd. 5. Revocation or suspension. Any license issued under this section may be revoked or suspended as provided in Section 512.12. Subd. 6. Transfers. All licenses issued under this Chapter shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the City Council. Subd. 7. Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this section. Subd. 8. Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premise. Subd. 9. Renewals. The renewal of a license issued under this section shall be handled in the same manner as the original application. Subd. 10. Issuance as privilege and not a right. The issuance of a license issued under this section shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Subd 11. Proximity to youth-oriented facilities. No license shall be granted pursuant to this Chapter to any person for any retail sales of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices within 1,000 feet of any school, playground, house of worship, or youth-oriented facility, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the school, playground, house of worship, or youth-oriented facility, unless that person has been in the business of selling such products in that location before the date this Chapter was enacted into law for at least one year. For the purpose of this section, a youth-oriented facility is defined to include any facility with residents, customers, visitors, or inhabitants of which 25 percent or more are regularly under the age of 21 or which primarily sells, rents, or offers services or products that are consumed or used primarily by persons under the age of 21. Subd 12. Proximity to other tobacco retailers. No license shall be granted pursuant to this Chapter to any person for any retail sales of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices within 2,000 feet of any other establishment holding such a license, as measured by the shortest line between the space to be occupied by the proposed licensee and the occupied space of the nearest existing licensee, unless that person has been in the business of selling such products in that location before the date this section was enacted into law for at least one year. Subd. 13. Smoking. a. Smoking shall not be permitted and no person shall smoke within the indoor area of any retail establishment with a tobacco license. Smoking for the purposes of sampling tobacco and tobacco related products is prohibited. Ord 865 Page 6 b. Notwithstanding paragraph (a), pursuant to Minnesota Statutes, Section 144.4167, subdivision 4, tobacco may be lit in a retail establishment if all of the following circumstances are met: 1. The smoking is by a customer or potential customer, who is not a minor, for the specific purpose of sampling cigars; 2. The retail establishment has an entrance door opening directly to the outside; 3. The retail establishment is not a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license; and 4. The retail establishment derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. 512.04: FEES: No license shall be issued under this Chapter until the appropriate license fee shall be paid in full. The fee for a license under this Chapter shall be established in the City's Fee Schedule, as it may be amended from time to time. 512.05: BASIS FOR DENIAL OF LICENSE: Subd. 1. Grounds for denying the issuance or renewal of a license under this chapter include but are not limited to the following: a. The applicant is under the age of 18 years. b. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. c. The applicant has had a license to sell tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices revoked within the preceding 12 months of the date of application. d. The applicant fails to provide any information required on the application, or provides false or misleading information. e. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. Ord 865 Page 7 Subd. 2. However, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the City must deny the license. Subd. 3. If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this chapter. 512.06: PROHIBITED SALES: It shall be a violation of this Chapter for any person to sell or offer to sell any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device: Subd. 1. To any person under the age of 18 years. Subd. 2. By means of any type of vending machine. Subd. 3. By means of self-service methods whereby the customer does not need to a make a verbal or written request to an employee of the licensed premise in order to receive the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device and whereby the there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee, or the licensee's employee, and the customer. Subd. 4. By means of loosies as defined in Section 512.02. Subd. 5. Containing opium, morphine, jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. Subd. 6. By any other means, to any other person, on in any other manner or form prohibited by federal, state or other local law, ordinance provision, or other regulation. Subd. 7. Such sales are prohibited before 10:00 A.M. and after 10:00 P.M. at any retail establishment that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco related products, and tobacco-related devices. Ord 865 Page 8 512.07: SELF-SERVICE SALES: It shall be unlawful for a licensee under this chapter to allow the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices by any means where by the customer may have access to those items without having to request the item from the licensee or the licensee's employee and whereby there is not a physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the licensee or his or her clerk and the customer. All tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Any retailer selling tobacco, tobacco products, tobacco- related devices, or nicotine or lobelia delivery devices at the time this Chapter is adopted shall comply with this section within 90 days following the effective date of this Chapter. 512.08: RESPONSIBILITY: All licensees under this Chapter shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices on the licensed premises, and the sale of an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the City from also subjecting the clerk to whatever penalties are appropriate under this Chapter, state or federal law, or other applicable law or regulation. 512.09: COMPLIANCE CHECKS AND INSPECTIONS: All licensed premises shall be open to inspection by the police department or other authorized City official during regular business hours. From time to time, but at least once per year, the City shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 18 years to enter the licensed premise to attempt to purchase tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Minors used for the purpose of compliance checks shall be supervised by city designated law enforcement officers or other designated city personnel. Minors used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices when those items are obtained as a part of the compliance check. No minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this Chapter shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law. 512.10: OTHER ILLEGAL ACTS: Unless otherwise provided, the following acts shall be a violation of this Chapter: Subd. 1. Illegal sales. It shall be a violation of this Chapter for any person to sell or otherwise provide any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device to any minor. Ord 865 Page 9 Subd. 2. Illegal possession. It shall be a violation of this Chapter for any minor to have in his or her possession any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 3. Illegal use. It shall be a violation of this Chapter for any minor to smoke, chew, sniff or otherwise use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. Subd. 4. Illegal procurement. It shall be a violation of this Chapter for any minor to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device, and it shall be a violation of this Chapter for any person to purchase or otherwise obtain those items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device. This subdivision shall not apply to minors lawfully involved in a compliance check. Subd. 5. Use of false identification. It shall be a violation of this chapter for any minor to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. 512.11: VIOLATIONS AND PENALTY: Subd. 1. Licensees: If a licensee or an employee of a licensee violates any provision of this Chapter, the licensee shall be charged an administrative penalty of one hundred fifty dollars ($150.00). If a licensee or an employee of a licensee violates any provision of this Chapter a second time at the same location within twenty four (24) months of the initial violation, the licensee shall be charged an administrative penalty of four hundred dollars ($400.00). If a licensee or an employee of a licensee violates any provision of this Chapter a third time at the same location within twenty four (24) months of the initial violation, the licensee shall be charged an administrative penalty of five hundred dollars ($500.00). No penalty under this Subdivision shall take effect until the licensee has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. The notice shall provide information on how and where a hearing may be requested. The hearing must be requested by the licensee within ten (10) business days of notice delivery. A decision by the City Council that a violation of this Chapter has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 2. Individuals: Any person who sells tobacco to a person under the age of eighteen (18) years shall be charged an administrative penalty of one hundred dollars ($100.00) for a first offense and fifty dollars ($50.00) additional for every subsequent offense. This penalty shall be in addition to the penalty charged under Section 512.11, Subd. 1. No penalty under this Subdivision, shall take effect until the person against whom the penalty will be charged has received notice, served personally or by mail, of the alleged violation, and has had an opportunity for a hearing before the City Council. The notice shall provide information on Ord 865 Page 10 how and where a hearing may be requested. The hearing must be requested within ten (10) business days of notice delivery. A decision by the City Council that a violation of this Section has occurred shall be in writing. Judicial appeal shall be as provided for by state law. Subd. 3. Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Subd. 4. Minors. Any person under the age of eighteen (18) years who purchases, possesses, or consumes tobacco shall be treated as follows: for a first offense the violator will be referred to Northwest Youth and Family Services, and be required to complete NYFS's Tobacco Education Program, and pay the related fees or expenses. A second violation will result in an administrative penalty of fifty dollars ($50.00), and will also result in a referral to Northwest Youth and Family Services for monitored community service. Third or subsequent violations will be referred to the Ramsey County Attorney's Office, Juvenile Court Division, for prosecution. Failure to comply with the requirements set forth above for a first or second offense will result in an immediate referral to the Ramsey County Attorney's Office for prosecution through the Juvenile Court Division. Subd. 5. Other individuals. Other individuals, other than minors as regulated by Subd. 4 of this Section, found to be in violation of this Chapter, shall be charged an administrative fine of $50. Subd. 6. Defenses. It shall be an affirmative defense to a charge of selling tobacco or tobacco related devices to a person under the age of eighteen (18) years in violation of this Section that the licensee or individual making the sale relied in good faith upon proof of age as described in Minnesota Statutes, Section 340A.503, subdivision 6. 512.12: SUSPENSION OR REVOCATION: Subd. 1. In addition to any other penalty imposed under Section 512.11, any license issued under this Chapter may be suspended or revoked by the City Council for a violation of any provision of this Chapter if the licensee has been given a reasonable notice and an opportunity to be heard. A second violation within twelve (12) months of the initial violation shall result in a suspension of not less than three (3) consecutive days. A third violation within twenty four (24) months of the initial violation shall result in a suspension of ten (10) consecutive days. A fourth violation within twenty four (24) months of the initial violation shall result in revocation of license for ninety (90) consecutive days, and shall require a hearing before the City Council. Subd. 2. Hearing and Notices. Suspension or revocation of a license shall be preceded by a hearing before the City Council. A hearing notice shall be delivered to the licensee at least ten (10) days prior to the hearing. The hearing notice shall state the time and place of the hearing and the nature of the charges against the licensee. Judicial appeal shall be as provided for by state law. 512.13: EXCEPTIONS: Nothing in this Chapter shall prevent the providing of tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices to a minor as part of a lawfully recognized religious, spiritual, or cultural ceremony. Ord 865 Page 11 512.14: SEVERABILITY: If any section or provision of this ordinance is held invalid, such invalidity shall not affect other sections or provisions which can be given force and effect without the invalidated section or provision. SECTION 3. 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 November 28, 2011, the City Council adopted Ordinance 865 that deletes the existing Chapter 512 of the City Code pertaining to the licensing of retail tobacco establishments and in its place adopts new tobacco licensing provisions relying in large part on the model language developed and supported by the Ramsey Tobacco Coalition, the League of Minnesota Cities, and the Public Health law Center. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on November 14, 2011. Second Reading and Adoption by the Mounds View City Council on November 28, 2011. Publication Date: December 8, 2011 Joe Flaherty, Mayor Attest: ______________________________ James Ericson City Administrator (seal) Item No: 7C Meeting Date: November 14, 2011 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: First Reading on Ordinance 866, An Ordinance Amending Title 900 By Deleting Chapter 901 of the City Code Pertaining to the Snow and Ice Control Policy Background: Chapter 901 was added to the City Code by adoption of Ordinance 451 on December 27, 1988. The Chapter is entitled “Snow and Ice Control Policy” and was added when City forces began snow plowing due to issues with cost effectiveness and timeliness of Ramsey County’s performance. The policy text is not included in the Chapter, but rather, the Chapter only indicates that a policy was adopted and is “on file in the Clerk-Administrator’s office for public review” – a copy of the Chapter is attached for reference. Discussion: City staff has prepared a new Snow Plowing and Ice Control Policy to replace the old one. During its development, City staff questioned why the policy was codified. The purpose of city codes is to regulate people and private property and establish penalties if these regulations are violated. Snow plowing and ice control is a city-provided service and does not fall under these categories. Recommendation: Staff, along with the City Attorney, recommends that the City Council approve the first reading of Ordinance 866. The Ordinance will replace the entire Chapter 901 with a new Chapter 901 entitled “Reserved”. This will keep Title 900 chapters (901-911) in a logical sequence and allow Chapter 901 to be used for future code additions. If approved, a second reading and adoption will be considered on November 28, 2011, and if adopted, the ordinance will be published on December 8, 2011. The ordinance will take affect 30 days after publication – tentatively planned for January 7, 2012. Respectfully submitted, Nick DeBar - Public Works Director Attachments: • Ordinance 866 • Chapter 901 (current) ORDINANCE NO. 866 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900 BY DELETING CHAPTER 901 OF THE CITY CODE PERTAINING TO THE SNOW AND ICE CONTROL POLICY THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 900 by deleting Chapter 901 in its entirety and adding in its place the following: CHAPTER 901 RESERVED SECTION 2. This ordinance shall take effect thirty (30) days after the date of its publication. First reading and introduction by the Mounds View City Council on November 14, 2011. Second reading and adoption by the Mounds View City Council on November 28, 2011. Published in the official City newspaper on December 8, 2011. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (SEAL) City of Mounds View 901.01 901.01 (Rev. 5/10) CHAPTER 901 SNOW AND ICE CONTROL POLICY1 SECTION: 901.01: Policy Adopted 901.01: POLICY ADOPTED: The Snow and Ice Control Policy, as presented on November 28, 1988, and on file in the City Administrator's office for public review, is hereby adopted and shall become part of this Chapter. (Ord. 451, 12-27-88; Amended, Ord. 844, 5-20-10) 1 See also subdivisions 607.03(3)a and o and Section 801.04 of this Code; see Section 802.06 of this Code for parking during snow accumulation. Item No: 7D Meeting Date: November 14, 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: Resolution 7854, Reapproving the Final Plat and Developers Agreement for the “Coventry Senior Living” Development; Planning Case MU2010-001 Introduction: On March 28, 2011, the City Council passed Resolution 7757, which approved the final plat and developers agreement for the Coventry Senior Living development. Per city code, an applicant now has 6 months to record the plat with Ramsey County, and if the recording does not happen within this timeframe, the plat approval is void. The code also states that the plat can be reapproved and the applicant given up to another 6 months. Coventry Senior Living has not yet started the project and did not record the final plat and developers agreement within the allowed time period. Their current final plat and developers agreement approval expires on November 22, 2011. Chapter 1202.07: Final Plat Approval Procedure Subd. 4. Recording of Final Plat: If the final plat is approved, the subdivider shall, within six months, record it with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the Clerk-Administrator shall so notify the County Register of Deeds or Registrar of Titles. Subd. 5. Re-Approval: In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon payment of the plat reapproval fee as specified in Appendix E and the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed six months. (1988 Code §42.05; 1993 Code). Coventry Senior Living Report November 14, 2011 Page 2 Discussion: Coventry Senior Living, represented by Greg Johnson, Pete Jesh and Glen Harstad, have submitted a letter requesting the final plat and developers agreement be reapproved. They intend to complete their financing and move forward with the project early in 2012. Recommendations: Staff requests that the City Council pass Resolution 7854, reapproving the Coventry Senior Living final plat and developers agreement. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Letter from Pete Jesh, Coventry Senior Living 2. Resolution 7854 RESOLUTION NO. 7854 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RE-APPROVING THE “COVENTRY SENIOR LIVING” FINAL PLAT AND DEVELOPERS AGREEMENT; MOUNDS VIEW PLANNING CASE NO. MU2010-001 WHEREAS, Greg Johnson, representing Coventry Senior Living has requested re-approval of the final plat and the Developers Agreement for the “Coventry Senior Living” project on three properties legally-described as follows: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 063023310030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 063023310029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street of alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 063023310028) 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, 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 by the City Engineering consultant; and, Resolution 7854 Page 2 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, on March 28, 2011, the Mounds View City Council approved Resolution 7757 which approved the final plat and developers agreement for the “Coventry Senior Living” subdivision; and, WHEREAS, the applicant was not able to record the plat within the required 120 days due to issues beyond their control. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having already approved the Preliminary Plat and Final Plat, re-approves the Final Plat and Developers Agreement for the “Coventry Senior Living” 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. 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. Resolution 7854 Page 3 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 re-approval of this final plat and Developers Agreement is subject to recordation with Ramsey County, which shall occur within 6 months of 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 14th day of November, 2011. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 7E Meeting Date: November 14, 2011 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 7855, Approving Revisions to the Snow Plowing and Ice Control Policy Background: Public Works is responsible for snow plowing and ice control operations on all city-owned streets (40+ miles), trails and sidewalks (15+ miles), and public facility parking lots (11 lots). Prior to the 1988/1989 winter, the City contracted with Ramsey County to provide these services. Due to issues with cost effectiveness and timeliness of the snow plowing provided by Ramsey County, the City began these operations in-house. As part of taking on snow plowing duties in-house, a snow and ice control policy approved by the City Council on December 27, 1988 and adopted by ordinance (451) that added Chapter 901 (Snow and Ice Control Policy) to the Municipal Code. Discussion: City staff drafted a new policy for the snow plowing and ice control operations. While there has been some review of the policy over the last 23 years, there have not been any revisions to the original policy. The League of Minnesota Cities (LMC) developed model policy language for snow plowing and ice control operations. This model policy is for guideline purposes only since each city has unique and specific circumstances that may dictate a different approach than what the model recommends. City staff utilized the LMC model to develop a new version of the policy and tweaked it to reflect our city- specific operations and needs. The City Council reviewed and discussed the draft policy at their work session on November 7, 2011. Also discussed was the recommendation to delete the policy from Chapter 901 from the Municipal Code since the Code’s purpose is to regulate people and private property and establish penalties if these regulations are violated. Snow plowing and ice control is a city-provided service and does not fall under these categories. An ordinance will be required to complete this process. Attached to this report is a final draft of the new snow plowing and ice control policy. Tables 1 and 2 have been added to the policy with information used for determining priorities for snow plowing operations. Exhibit B (Priority Snow Plow Route Map for Streets) has been updated to reflect the sub- ranking of the priority snow plow routes. These street segments are all priority routes. Recommendation: Staff recommends that the City Council review the final policy draft and consider adopting the attached resolution. The current policy is very outdated and not reflective of current practices and operations. The new version will provide the City with a defensible document and better risk management. Respectfully submitted, Nick DeBar - Public Works Director Attachments: • Resolution 7855 • Snow Plowing and Ice Control Policy (Final Draft) RESOLUTION 7855 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING REVISIONS TO THE SNOW PLOWING AND ICE CONTROL POLICY WHEREAS, the City of Mounds View began providing snow plowing and ice control operations with city staff and equipment in December 1988, in lieu of Ramsey County providing this service, due to issues with cost effectiveness and timeliness of service; and WHEREAS, a Snow and Ice Control Policy was created and adopted by the City Council on December 27, 1988 by ordinance (451) that added Chapter 901 (Snow and Ice Control Policy) to the Municipal Code; and WHEREAS, revisions to the policy have been prepared by City staff to reflect city-specific operations and needs while providing better risk management. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that the Snow Plowing and Ice Control Policy as attached and dated November 14, 2011 is hereby approved and supersedes any and all previous versions of the Snow and Ice Control Policy. Adopted this 14th day of November, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) 4472 - SNOW PLOWING AND ICE CONTROL POLICY 1 4472 SNOW PLOWING AND ICE CONTROL POLICY 1. DESCRIPTION A. Introduction: The City of Mounds View finds that it is in the best interest of its residents to assume basic responsibility for control of snow and ice on public streets, trails, sidewalks, and parking lots under the jurisdiction of the City. Reasonable snow plowing and ice control is necessary for routine travel and emergency services. The City will use city employees, city- owned or rented equipment, and/or private contractors to provide this service. B. Purpose: The purpose of this policy is to establish standard guidelines and objectives for snow plowing and ice control operations. The City will attempt to provide such operations in a safe and cost effective manner, keeping in mind safety, budget, personnel, and environmental concerns. C. Application: This policy applies to all public streets, trails, sidewalks, and parking lots located on City property and in public rights-of-way under the jurisdiction of the City, including trails and sidewalks located within Ramsey County public rights-of-way that are maintained by the City. This policy does not apply to snow removal maintenance of ice hockey and skating rinks. D. Appointed Authority: The Public Works Supervisor is primarily responsible to carry out the provisions of this policy and oversee its guidelines and objectives. E. Unusual or Extenuating Circumstances: While the City fully intends to meet the guidelines and objectives established in this policy, there may be times when this is not feasible due to unusual or extenuating circumstances involving, but not limited to, weather, equipment failure, resources, budget constraints, emergencies, and force majeure events. F. Related Documents and References: 1. Minnesota Statutes, Chapter 169 – Traffic Regulations 2. Municipal Code, Chapter 801 – General Traffic Regulations 3. Municipal Code, Chapter 802 – Parking Regulations 4. Municipal Code, Chapter 910 – Right-of-Way Management 5. City of Mounds View Records Retention Policy G. Tables and Exhibits: 1. Table 1 – Priority Snow Plow Routes for Streets 2. Table 2 – Priorities Snow Plowing for Trails, Sidewalks, and Parking Lots 3. Exhibit A – General Snow Plow Route Map for Streets 4. Exhibit B – Priority Snow Plow Route Map for Streets 5. Exhibit C – Snow Plow Route Map for Trails, Sidewalks, and Parking Lots 2. SNOW PLOWING AND ICE CONTROL STANDARD PROVISIONS A. Commencing Snow Plowing and Ice Control Operations 1. The Public Works Supervisor will decide when to begin all snow plowing and/or ice control operations. The criteria for that decision are: (a) Snow accumulation amounts; (b) Drifting of snow that causes problems for travel; (c) Icy conditions which seriously affect travel; (d) Time of snowfall in relationship to heavy use of streets; (e) Air and pavement temperatures; and (f) Weather forecast. CITY OF MOUNDS VIEW | PUBLIC WORKS DEPARTMENT 4472 - SNOW PLOWING AND ICE CONTROL POLICY 2 2. Snow plowing and ice control operations are expensive and involve the use of limited personnel and equipment. In addition, snow and ice characteristics, as well as pavement and weather conditions, vary extensively and can be unpredictable for each winter storm. Therefore, the Public Works Supervisor will exercise his or her professional judgment when evaluating the decision to begin snow plowing and ice control operations. B. Snow and Ice Control Methods 1. The City will choose from a variety of available snow and ice control methods best geared to tackle the varying conditions of snow, ice, weather, and pavement conditions for each winter storm event. Some of these methods may use sand, salt, and other chemicals when there are hazardous ice or slippery conditions. The City is concerned about the effect of such chemicals on the environment and will limit its use for that reason. 2. The following methods, or combination thereof, may be used in the City’s snow plowing and ice control operations: (a) Snow Plowing is the pushing of accumulated snow with a snowplow blade and redirecting it into the boulevard areas (typically). This is the traditional and most common form of snow removal from pavements. (b) Snow Blowing is similar to snow plowing but employs a motorized rotary blowing device to propel the snow into the air and away from the area being cleared. (c) Applying Salt is the spreading of rock salt onto the pavement surface to melt snow and ice accumulations where hazardous ice or slippery conditions exist. The effectiveness of salt to melt snow and ice is typically limited to pavement temperatures above 0° F. (d) Applying Sand is used in locations where a layer of ice covers the pavement surface and air temperatures are too cold for salt to effectively melt the ice. Sand applications may be used at traffic intersections with hazardous ice or slippery conditions to improve vehicular friction for stopping and traction for acceleration. (e) Pre-wetting is when brine or other chemical solutions are added to the salt (and/or sand) mixture prior to dispersal to the pavement surface, causing the mixture to stick to the pavement instead of blowing off the pavement. (f) De-icing is a generic term for the removal of existing snow and ice from a pavement surface by either mechanical means (plowing or scraping) or chemical methods (applying salt or other ice melting chemicals). De-icing activities are intended to break the bond between a layer of ice or snow and the pavement surface. (g) Anti-icing is the pretreatment of pavements with ice melting chemicals (usually liquid brine or wetted salt) before a winter storm to prevent or delay the formation of ice and frost, or the adhesion of ice and snow, to the pavement surface. Anti-icing can significantly reduce the amount of salt needed during de-icing operations and allows easier removal by snow plows. (h) Winging Back is the pushing of snow banks further into the boulevard and away from the driving surface. Winging back is typically performed between winter storms to create additional snow storage volume for future snow storms or to increase traffic sight lines at intersections. (i) Hauling or Snow Removal is the removal of snow piles and windrows, created by prior snow plowing operations, by loading into trucks and hauling to a snow storage area. Hauling is commonly performed after other snow removal operations are complete. C. Performing Snow Plowing and Ice Control Operations 1. Street Operations (a) A map showing the general snow plow routes for streets is included as Exhibit A. (b) Snow will be plowed in a manner to minimize traffic obstructions. (c) In general, the center of the street will be plowed first. The snow will be pushed from left to right on two-way streets. The discharge shall go onto the boulevard area of the street right-of-way. CITY OF MOUNDS VIEW | PUBLIC WORKS DEPARTMENT 4472 - SNOW PLOWING AND ICE CONTROL POLICY 3 (d) In times of extreme snowfall, streets may not always be immediately cleared of snow completely. An initial pass will try to plow the street as wide as possible to allow for vehicular passage. Subsequent passes will attempt to clear the remaining snow from the street. Clean up operations will occur last to clear intersections and snow storage areas along corners and County intersections. (e) Widening and clean up operations may occur on the initial day of snow plowing or on the following working day for most winter storms. There may be major winter snow storms that will necessitate additional time to complete widening and clean up operations. 2. Trails and Sidewalks Operations (a) Trails and sidewalks adjacent to streets will typically be plowed after the adjacent street has been cleared of snow. In general, the snow will be pushed onto the boulevard area furthest from the street. In times of extreme snowfall, subsequent passes may be needed to clear additional snowfall that has fallen or been discharged from street snow plowing operations onto the trail or sidewalk. (b) Trails and sidewalks will be plowed, blown, or swept depending on the amount and type of snowfall. The City will attempt to clear trails and sidewalks as thoroughly as possible, but they may not be cleared of all snow and ice or maintained to bare pavement. 3. Municipal Parking Lots Operations (a) City-owned parking lots that are generally empty of parked vehicles and/or whose facilities closed for business at the time of plowing will typically be plowed in the most efficient manner to clear the accumulated snow from the drive lanes and parking spaces. Parking lots that contain a higher number of parked vehicles make plowing the entire lot difficult. In these cases, the drive lanes may be plowed for vehicular passage. Plowing of parking spaces and other clean up operations may need to occur later after the lot becomes emptier of parked vehicles. (b) The City will attempt to clear the parking lots as thoroughly as possible, but they may not be cleared of all snow and ice or maintained to bare pavement. The City may make exceptions with handicapped stalls and associated circulation routes. 4. Other Operations (a) Metro Transit is responsible for winter maintenance of their bus stops in the city. However, if commuters are subject to hazardous or unsafe conditions due to lack of adequate space to wait, the City may attempt to clear the waiting area in conjunction with snow and ice control for trails, sidewalks, or clean up operations. (b) Private property owners are responsible for clearing snow and ice control activities associated with their properties. The City will not perform snow plowing or ice control operations for any driveways, streets, sidewalks, or parking lots owned by private entities. D. Determining Priority Snow Plow Routes and Coordinating Operations 1. Priority Snow Plow Routes for Streets (a) The City has designated certain streets as “Priority Snow Plow Routes” to set precedence for which streets provide the most benefit to the City when snow plowing and ice control demands exceed available resources. This designation was generally based on street function, traffic volume, and importance to the welfare of the community. The highest ranking streets typically have higher traffic volumes and connect major sections of the city and region, whereby providing emergency access for fire, police, and medical services to these various sectors. These high-ranking streets typically have a functional classification as arterials and collectors. Other designated priority streets that provide additional emergency access have functional classifications as local streets. These local priority streets also provide good access to schools, civic centers, commercial businesses, industrial parks, and other points of interest. Table 1 lists the street segments that make up the Priority Snow Plow Routes and includes sub-ranking and other considerations used in determining priority routes. A map showing the street segments and sub-ranking of the Priority Snow Plow Routes is included as Exhibit B. CITY OF MOUNDS VIEW | PUBLIC WORKS DEPARTMENT 4472 - SNOW PLOWING AND ICE CONTROL POLICY 4 2. Priority Routes for Trails, Sidewalks, and Municipal Parking Lots (a) Snow plowing and ice control priorities for City trails and sidewalks are based upon use, location, and connections to other trails and sidewalks. Priorities for trails and sidewalks consider school routes and zones and proximity to arterial and collector streets, city facilities, and bus routes. These priorities may change based upon time of day and day of week that snow plowing and ice control operations begin (and end) for each winter storm, compared to the schedules of the schools, bus company, and business hours. Table 2 summarizes the priorities for all city trails and sidewalks as high, medium, and low. A map showing the trail and sidewalk system, along with the parking lots, is attached as Exhibit C. (b) Prioritization for snow plowing and ice control operations for municipal parking lots also varies depending on time of day and day of week compared to usage of parking lots. Parking lots used by public safety vehicles (police, fire, etc.) will take precedence over other parking lots. Prioritization ranking for snow plowing of the municipal parking lots is summarized on Table 2 and locations shown on the Exhibit C map. 3. Coordinating Snow Plow and Ice Control Operations (a) The City has a limited number of specific pieces of equipment for snow removal and ice control. Most of this equipment is customized for only streets or trails/parking lots or sidewalks. In addition, City employees are assigned to specific routes with backups assigned. Therefore, snow plowing and ice control operations for streets, sidewalks, and trails/parking lots are more-or-less separate processes and priorities between these infrastructures seldom conflict. (b) During significant and severe winter storms, the City must be prepared to move personnel and equipment to maintain Priority Snow Plow Routes if needed. In fulfilling the need to have all priority streets safe and passable, when resources are limited, plowing of all other streets may be stopped at any time so resources can be shifted to priority routes. (c) Snow plowing and ice control operations for municipal parking lots and trails may be intertwined since travel between municipal parking lots occurs on the trail system. (d) Unforeseeable circumstances may cause delays in completing assigned plow routes. Such circumstances may include weather conditions that endanger the safety of snowplow operators and/or safe and effective operation of equipment, commuter traffic, disabled vehicles, poor visibility conditions, parked cars along streets, assistance to emergency response vehicles, equipment breakdown, and personnel shortages. 3. RULES, REGULATIONS, AND PROPERTY DAMAGE A. Traffic and Parking Regulations 1. Snowplow Operator Exemption (Minn. Statutes, Chapter 169) (a) The City recognizes that snowplow operators are exempt from traffic regulations set forth in Minnesota Statutes, Chapter 169 while actually engaged in work on streets, except for regulations related to driving while impaired and the safety of school children. Pursuant to this authority, snowplow operators engaged in snow removal or ice control on city streets have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to impaired driving and school children safety, when in their judgment, it is safe to disregard such laws. (b) The privileges granted herein to operators of snow removal and ice control vehicles shall apply only if the vehicle is equipped with one lighted lamp displaying a flashing, oscillating, or rotating amber light placed in such a position on the vehicle as to be visible throughout an arc of 360 degrees. 2. Snow and Ice Accumulations (Municipal Code, Section 801.40, Subd. 1) (a) “All snow accumulated from clearing or plowing operations on private property shall be stockpiled on the property from which the snow is cleared or upon other private property for which the property owner has written permission. In clearing snow and/or moving snow, it shall be unlawful to operate in such a manner as to cause any snow to be CITY OF MOUNDS VIEW | PUBLIC WORKS DEPARTMENT 4472 - SNOW PLOWING AND ICE CONTROL POLICY 5 deposited in the street, on sidewalks, in the boulevard of any street or on private property for which the property owner does not have written permission for storage of snow. Snow cleared from the portion of a driveway or sidewalk in the boulevard of a street may be placed on the boulevard adjacent to the driveway or sidewalk, but may not be moved across the street to other areas without express permission of the property owner receiving the snow.” 3. Parking During Snow Accumulations (Municipal Code, Section 802.06) (a) “No person shall park or permit to be parked any vehicle within any block on any public street when, within the preceding forty eight (48) hours, melting or blowing snow or a combination thereof has accumulated to a depth of three inches (3") or more at street level anywhere within that block. Provided, however, that parking shall be permitted within any block of any public street where not otherwise prohibited whenever the entire length of the roadway of such block has been cleared of snow from curb to curb or, in the case of streets without curbs, between the outer edges of the shoulders of such streets. Any vehicle parked in violation of this Section may be removed as provided by Section 802.10 of this Chapter.” 4. Parking – Restricted Hours (Municipal Code, Section 802.08, Subd. 1) (a) “No person shall stop, stand or park a motor vehicle or trailer on any street or highway in the City between the hours of two o'clock (2:00) A.M. and six o'clock (6:00) A.M., except as otherwise authorized by this Chapter or unless directed or authorized by a police officer or traffic-control device. The City Council may authorize exceptions from this Section. Any street or highway so excepted must be posted with a sign indicating that parking between two o'clock (2:00) A.M. and six o'clock (6:00) A.M. is allowed.” 5. Vehicle Towing Provisions (Municipal Code, Section 802.10, Subd. 3 & 4) (a) “Police officers are hereby authorized to remove, or cause to be removed, a vehicle from a street or highway to the nearest garage or other place of safety or to a garage designated or maintained by the Police Department or otherwise maintained by this City under the circumstances hereinafter enumerated: Subd. 3. Unattended, Illegally Parked Vehicles: When any vehicle is left unattended upon a street and is so parked illegally as to constitute a hazard or obstruction to the normal movement of traffic or snow plowing. Subd. 4. Violation of Provisions: When any vehicle is parked upon a public street in violation of the provisions of this Chapter.” B. Property Damage 1. General: In accordance with Municipal Code Chapter 910, the City manages and regulates the pubic right-of-way to ensure the integrity of its streets and the appropriate use of its rights-of- way. Regulation is done through a permitting process for any work or installation that occurs in the city boulevard. Many adjacent property owners place or install private property objects or make improvements in the boulevard without City knowledge making the object or improvements subject to damage. A key function of this boulevard area during winter is snow storage from streets. Snow plowing operations can damage private property objects located in the boulevard in two general ways: 1) direct physical contact with the plowing equipment, or 2) damage from snow during snow plowing operations. 2. Mailboxes (a) Mailboxes may be placed in the boulevard without prior City approval. The mailbox is owned by the property owner, and the delivery of mail is an arrangement between the property owner and the US Postal Service. The City will attempt to remove snow as close to the curb lines as practical for delivery of the mail, but it is the property owner’s responsibility to perform final clean up along the curb to ensure his or her mail delivery. (b) Damage to a mailbox is a risk that snowplow operators face during their winter plowing operations. The mailbox assembly (mailbox with post) should be constructed securely enough to withstand snow rolling off a snow plow blade or wing. The City will not be CITY OF MOUNDS VIEW | PUBLIC WORKS DEPARTMENT 4472 - SNOW PLOWING AND ICE CONTROL POLICY 6 responsible for any mail posts that are rotten or too weak to withstand this snow mass. In addition, any mailbox or newspaper tube that is crushed, dislodged, or lost is the responsibility of the property owner. (c) The City will conduct a review of each mailbox damage claim to determine whether the City has any legal responsibility for the damage. In general, the City may claim responsibility for the damage only if direct physical contact was made between the City plowing equipment and the mailbox assembly. If the City, at its discretion, claims responsibility to remediate damage to mailbox assemblies, the City will first consider repairing the mailbox assembly. If repair is not feasible, then the City will furnish and install a new mailbox and/or post. (d) Grouped mailbox assemblies (commonly furnished and installed with street reconstruction projects) have a shared ownership. The City is responsible for the timber post and cross- beam, while the resident is responsible for his or her individual mailbox that is attached to the City’s post/cross-beam. 3. Boulevard Turf Grass (a) Turf grass in the boulevard can be damaged by snow plowing equipment during winter snow plowing operations. The City will assess the damaged boulevard turf and compile a list of substantiated locations for restoration the following spring. Most restoration will use fertilizer and seed; however, some locations may require restoration with sod due to site specific conditions. The decision to use sod for restoring boulevard turf grass is at the discretion of the City. All restoration costs for damaged boulevard turf grass will be the City’s responsibility. 4. Irrigation, Landscaping, Tress/Shrubs, Fences, and Other Items (a) The City will assume no responsibility for damage to irrigation systems, landscaping, retaining walls, trees, shrubs, fences, private lighting systems, or any other private property objects located in the City’s public right-of-way. Property owners are encouraged to mark these items with non-metal markers (such as wood or plastic rods) before winter to lessen the possibility of damage. (b) Garbage containers should only be brought to the curb on designated pick-up days and be placed only in the driveway or boulevard and kept entirely off the street to avoid conflicts with snow plowing operations. (c) The City will assume no responsibility for damage to vehicles, boats, RVs, equipment, and other similar items parked in the City’s boulevard. Parking of these items in the boulevard is prohibited under Municipal Code Section 802.07 Subd. 4. 4. GENERAL AND ADMINISTRATIVE PROVISIONS A. Documentation and Record-Keeping 1. The City will document snow plowing and ice control operations as described in this policy, including snow removal logs, priority route changes, property damage reports, general complaints, and policy comments. 2. Records will be retained by the City in accordance with the records retention policy. B. Employee Safety and Training 1. Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of snowplow operators and equipment. Factors that may delay snow plowing and ice control operations include severe cold, significant winds, and limited visibility. 2. The City will provide training to employees responsible for snow plowing and ice control operations. Training of some employees may include education necessary to earn and maintain appropriate certifications or licenses for these operations. Training will also address standard operating procedures, proper use of equipment, emergency response, and other topics required by State and Federal regulatory agencies. CITY OF MOUNDS VIEW | PUBLIC WORKS DEPARTMENT 4472 - SNOW PLOWING AND ICE CONTROL POLICY 7 C. Public Safety and Communication 1. This policy does not relieve operators of private vehicles, pedestrians, bicyclists, property owners, residents, and all others that may be using public streets, trails, sidewalks and parking lots of their responsibility to act in a reasonable, prudent, and cautious manner, given the prevailing pavement conditions. 2. Periodically, the City may inform residents of policy provisions in an effort to communicate objectives and responsibilities related to this policy. D. Complaint Procedures 1. Complaints will be recorded on telephone logs and be investigated for substantiation by the Public Works Supervisor. Valid complaints requiring remedial action will be prioritized by the Public Works Supervisor and scheduled accordingly. Emergency complaints will be handled in an expeditious manner as resources are available. E. Deviation from Policy 1. The Public Works Supervisor may deviate from this policy when in his or her judgment it is in the best interest of the City or is necessary because of budget needs or other unusual or extenuating circumstances. F. Review and Modification of Policy 1. This policy will be reviewed periodically to ascertain if its provisions are practical, timely, and legal. Any review will consider comments and complaints since the last review and any other factors affecting the policy or its implementation. 2. The Director of Public Works is authorized to make and implement modifications to the policy after providing notification to the City Administrator. Proposed modifications that significantly affect the policy’s scope of services, purpose, application, and/or budget in a negative manner will be approved by the City Council prior to implementation. POLICY REVISION HISTORY Rev. No. Res. No. Date By Description - Ord. 451 12/27/1988 - New policy adopted as ordinance; add Chap. 901 to Municipal Code 1 7855 11/14/2011 DeBar Major policy overhaul; delete Chap. 901 from Municipal Code (Ord. 866) Printed 11/10/2011 4:52 PM TABLE 1PRIORITY SNOW PLOW ROUTES PUBLIC WORKS DEPARTMENT STREETS CITY OF MOUNDS VIEW Line No. Street Segment Name From To Functional Classification Plow Route MSAS 2007 AADT Primary Function Code(s)* Priority Ranking 01 County Road I Silver Lake Road (Co. Hwy. 44) Spring Lake Road (east int.) Arterial - B Minor 2 x 4,100 A,B High 02 County Road I Spring Lake Road (east int.) Pleasant View Drive Arterial - B Minor 2 x 4,100 A,B High 03 County Road H2 County Highway 10 Long Lake Road (Co. Hwy. 45) Collector - Major 2 x 3,550 A,B,C,D High 04 County Road H2 Long Lake Road (Co. Hwy. 45) Silver Lake Road (Co. Hwy. 44) Collector - Major 2 x 4,550 A,B,E High 05 County Road H2 Silver Lake Road (Co. Hwy. 44) Pleasant View Drive Collector - Major 2 x 4,000 A,B,E High 06 Red Oak Drive County Highway 10 Hillview Road Collector - Minor 3 x 2,800 A,B,E High 07 Red Oak Drive Hillview Road Ardan Avenue Collector - Minor 3 x 1,900 A,B,E High 08 Red Oak Drive Ardan Avenue Long Lake Road (Co. Hwy. 45) Collector - Minor 3 x 1,400 A,B,E High 09 Program Avenue County Highway 10 Woodale Drive Local 1 - B,D Medium 10 Program Avenue Woodale Drive County Road H2 Local 1 - D Low 11 Quincy Street County Highway 10 Woodale Drive Local 1 - B,D Medium 12 Quincy Street Woodale Drive County Road H2 Local 1 x 1,150 B,D Medium 13 Quincy Street County Road H2 Bronson Drive Local 1 x 1,700 B,C,E Med. High 14 Quincy Street Bronson Drive County Road I Local 1 x 2,700 B,C,E Med. High 15 Quincy Street County Road I Hillview Road Local 1 x 1,950 B,C,E Med. High 16 Quincy Street Hillview Road Squire Lane (north end)Local 1 - E Low 17 Jackson Drive County Road H2 Bronson Drive Local 1 x 1,050 B,E Medium 18 Jackson Drive Bronson Drive County Road I Local 1 x 1,050 B,E Medium 19 Jackson Drive County Road I Hillview Road Local 1 x 1,100 B,E Medium 20 Jackson Drive Sherwood Road Laport Drive Local 1 E Low 21 Edgewood Drive County Road H Woodale Drive Local 2 x 1,150 B,C,E Med. High 22 Edgewood Drive Woodale Drive County Road H2 Local 2 x 820 B,C,E Med. High 23 Edgewood Drive County Road H2 County Highway 10 Local 2 - B,D Medium 24 Edgewood Drive County Highway 10 Bronson Drive (south int.)Local 1 x 2,500 B,D Med. High 25 Edgewood Drive Bronson Drive (south int.) County Road I Local 1 x 1,350 B,E Med. High 26 Edgewood Drive Hillview Road Sherwood Road Local 1 - B,E Medium 27 Edgewood Drive Sherwood Road Laport Drive Local 1 - E Low 28 Sunnyside Road County Road H Ridge Lane Local 2 x 305 B,E Medium 29 Sunnyside Road Ridge Lane County Road H2 Local 2 x 610 B,E Medium 30 Groveland Road County Highway 10 Ardan Avenue Local 3 x 1,300 B,E Medium 31 Groveland Road Ardan Avenue County Road J Local 3 x 770 B,E Medium 32 Knollwood Drive County Road H County Road H2 Local 2 - E Low 33 Knollwood Drive County Road H2 County Road I Local 2 - E Low 34 Spring Lake Road County Road H2 County Road I Local 2 x 300 E Low 35 Spring Lake Road County Road I Hillview Road (City Limits)Local 2 x 1,100 B,E Medium 36 Spring Lake Road County Highway 10 Ardan Avenue Local 3 x 1,550 B,E Medium 37 Spring Lake Road Ardan Avenue Long Lake Road (Co. Hwy. 45) Local 3 x 1,550 B,E Medium 38 Pleasant View Drive County Road H2 County Road I Local 2 x 700 B,E Medium 39 Woodale Drive Program Avenue Quincy Street Local 1 - B,D Medium 40 Woodale Drive Quincy Street County Highway 10 Local 1 x 1,450 B,D Medium 41 Woodale Drive County Highway 10 O'Connell Drive Local 2 x 860 B,D Medium 42 Woodale Drive O'Connell Drive Edgewood Drive Local 2 x 450 B,C,D,E Med. High 43 Ridge Lane Edgewood Drive Long Lake Road (Co. Hwy. 45) Local 2 - E Low 44 Ridge Lane Long Lake Road (Co. Hwy. 45) Sunnyside Road Local 2 - E Low 45 County Road H2 Program Avenue Quincy Street Local 1 - D,E Low 46 County Road H2 Quincy Street Jackson Drive Local 1 x 970 B,D,E Medium 47 County Road H2 Jackson Drive County Highway 10 Local 1 x 1,850 B,D,E Medium 48 Bronson Drive Quincy Street Jackson Drive Local 1 x 720 B,E Med. High 49 Bronson Drive Jackson Drive Edgewood Drive Local 1 x 720 B,E Med. High 50 Bronson Drive Edgewood Drive Long Lake Road (Co. Hwy. 45) Local 1 - B,E Med. High 51 Mounds View Drive Long Lake Road (Co. Hwy. 45) Silver View Drive/Lake Court Drive Local 2 x 1,500 B,D,E Medium 52 Mounds View Drive Silver View Drive/Lake Court Drive County Road I Local 2 x 840 B,D,E Medium 53 Hillview Road 35W Service Road Quincy Street Local 1 - E Low 54 Hillview Road Quincy Street Jackson Drive Local 1 x 310 B,E Medium 55 Hillview Road Jackson Drive Long Lake Road (Co. Hwy. 45) Local 1 x 1,000 B,E Medium 56 Hillview Road Long Lake Road (Co. Hwy. 45) Red Oak Drive Local 3 x 930 B,E Medium 57 Sherwood Road Jackson Drive Edgewood Drive Local 1 - E Low 58 Sherwood Road Edgewood Drive Long Lake Road (Co. Hwy. 45) Local 1 - B,E Medium 59 Sherwood Road Long Lake Road (Co. Hwy. 45) Red Oak Drive Local 3 - B,E Medium 60 Sherwood Road Red Oak Drive Groveland Road Local 3 - B,E Medium 61 Laport Drive Jackson Drive Edgewood Drive Local 1 - E Low 62 Ardan Avenue Long Lake Road (Co. Hwy. 45) Red Oak Drive Local 3 x 570 B,E Medium 63 Ardan Avenue Red Oak Drive Groveland Road Local 3 x 570 B,E Medium *Priority Function Code Descriptions:A=Principal Route (Arterial or Collector) B=Public Safety Route (Police, Fire, Medical, etc.) Revised: Nov. 11, 2011 C=School Route/Zone D=Commercial/Industrial District Route E=Residential Access Route TABLE 2PRIORITIES FOR SNOW PLOWING PUBLIC WORKS DEPARTMENT TRAILS, SIDEWALKS, AND PARKING LOTS CITY OF MOUNDS VIEW Line No. Street/Trail/Facility Segment Name TrailwaySidewalkParking From To Left SideRight SidePlow Route MSAS Primary Function Code(s)* Priority Ranking 01 Quincy Street x County Road H2 Bronson Drive x 6 x A,C,E High 02 Quincy Street x Bronson Drive County Road I x 6 x A,C,E High 03 Quincy Street x County Road I Hillview Road x 6 x A,C,E High 04 Edgewood Drive x County Road H Woodale Drive x 6 x A,B,C,E High 05 Edgewood Drive x Woodale Drive County Road H2 x 6 x A,B,C,E High 06 Edgewood Drive x County Highway 10 Bronson Drive (south int.) x x 6 x A,B,C,E High 07 Long Lake Road x County Road H County Road H2 x 6 A,B,E Medium 08 Long Lake Road x County Road H2 County Highway 10 x 6 A,B,E Medium 09 Long Lake Road x County Highway 10 County Road I x 6 A,B,D,E Medium 10 Long Lake Road x County Road I Eastwood Drive x 6 A,B,E Medium 11 Silver Lake Road x County Road H County Road H2 x 6 A,B,E Medium 12 Silver Lake Road x County Road H2 County Road I x 6 A,B,E Medium 13 Silver Lake Road x County Road I County Highway 10 x 6 A,B,D,E Medium 14 Red Oak Drive x County Highway 10 Hillview Road x 6 x A,B,D,E Medium 15 County Highway 10 x County Road H Woodale Drive x x 5 A,B,D Medium 16 County Highway 10 x Woodale Drive County Road H2 x 5 A,B,D Medium 17 County Highway 10 x County Road H2 Edgewood Drive x x 5 A,B,D Medium 18 County Highway 10 x Edgewood Drive Long Lake Road x x 5 A,B,D Medium 19 County Highway 10 x Long Lake Road County Road I x x 5 A,B,D Medium 20 County Highway 10 x County Road I Silver Lake Road/Red Oak Drive x x 5 A,B,D Medium 21 County Highway 10 x Silver Lake Road Groveland Road x 5 A,B,C Medium 22 Old Highway 8 x Mustang Drive County Road H x 5 B,D,E Medium 23 County Road H x Old Highway 8 Edgewood Drive x 5 A,B,D Medium 24 County Road H x Silver Lake Road City Limits (Fridley)x 6 A,B,C High 25 Woodcrest Drive x Edgewood Drive Bona Road 6 C,E High 26 County Road H2 x Jackson Drive County Highway 10 x 6 x A,B,C,E High 27 County Road H2 x County Highway 10 Long Lake Road x 5 x A,B,C,D High 28 County Road H2 x Long Lake Road Silver Lake Road x 5 x A,B,E Medium 29 County Road H2 x Silver Lake Road Pleasant View Drive x 6 x A,B,E Medium 30 Bronson Drive x Quincy Street Jackson Drive x 6 x A,B,C,E High 31 Bronson Drive x Jackson Drive Edgewood Drive x 6 x A,B,E Medium 32 Groberg Street x Quincy Street Adams Street 6 C,E High 33 County Road I x I-35W Quincy Street x 6 A,B Medium 34 County Road I x Quincy Street Jackson Drive x x 6 A,B,C,E High 35 County Road I x Jackson Drive Long Lake Road x x 6 A,B,E Medium 36 County Road I x Long Lake Road County Highway 10 x 6 A,B,D Medium 37 County Road I x County Highway 10 Mounds View Drive x 6 A,B,D Medium 38 County Road I x Mounds View Drive Silver Lake Road x 6 A,B Medium 39 County Road I x Silver Lake Road Pleasant View Drive x 5 A,B,E Medium 40 Mounds View Drive x Long Lake Road County Road I x 6 x B,D,E Medium 41 Fairchild Avenue x Laport Drive Ardan Avenue 5 E Low 42 Ardan Avenue x Spring Lake Road Pleasant View Court 5 E Low 43 Lois-Knoll x Lois Drive Knoll Drive 5 E Low 44 Greenfield Park x Greenfield Park Lot Greenfield Avenue 6 B,E Low 45 Silver View Pond x 5 B,E Low 46 City Hall Park x Edgewood Drive & CH Parking Lot Bronson Drive (water tower)5 B Low 47 CR10-Comm. Center x Country Highway 10 Trail Comm. Center Parking Lot 5 B Low 48 Police Department x Edgewood Drive 5 A High 49 Fire Station No. 1 x Pleasant View Drive 5 A High 50 City Hall x Edgewood Drive 5 - Med. High 51 Community Center x Edgewood Drive 5 B Med. High 52 Public Works x Bronson Drive 5 - Med. High 53 WTP No. 1/Tower x Bronson Drive 5 - Medium 54 WTP No. 2 x Long Lake Road 5 - Low 55 WTP No. 3 x Groveland Road 5 - Low 56 Well No. 4 x Hillview Road 5 - Very Low 57 Silver View Park x County Road I 5 B Low 58 Random Park x Long Lake Road 5 B Low 59 Greenfield Park x Hillview Road 5 B Low 60 61 *Priority Function Code Descriptions:A=Principal Route (Arterial or Collector) B=Community/Recreational Route Revised: Nov. 11, 2011 C=School Route/Zone D=Commercial/Industrial District E=Residential Access EXHIBIT C Item No: 7F Meeting Date: November 14, 2011 Type of Business: Council Business Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Resolution 7849 Approving the Creation of a Police Canine Program Introduction: During the August work session, information was presented outlining a proposed police canine program. At that time, the program received general support to move forward, with the source of funding remaining the largest concern. Since that meeting, a citizen has emerged to lead a potential group in attempting to raise funds to pay for this program. This effort is a work in progress with results yet to be determined. This report will briefly summarize the benefits to the city of a canine program, various issues to consider and the expected costs to initiate the program. Discussion: The addition of a canine program offers benefits to the police department and community that can only advance the safety, productivity and effectiveness of the department as well as significantly provide a new means of community relationship. The area of community outreach through a police canine may be the single largest benefit for the city by offering a new means of public relations and connection with the citizens. The implementation of a canine program would assist the officers in conducting safer searches, increased efficiency in the tracking and apprehension of suspects as well as lost/missing persons. A trained canine in narcotics detection can potentially increase the success level in locating narcotics and the subsequent seizure of forfeited assets. Ownership of a departmental canine would significantly reduce the reliance we have had on other agencies’ canine units. The careful selection process of the canine handler and clear policy direction will drive a successful program. This selection process, which is considered an assignment, will consist of an evaluation of interested candidates, a test of physical agility and an interview before an oral panel of experts. The highly respected canine handler training program offered by the St Paul Police Department will be the key to establishing the highest professional standards for this newly assigned officer. Receiving certification from the United States Police Canine Association (USPCA) will be essential for protection against any potential civil liability issues. There will not be any need for an additional vehicle purchase as the department will convert an existing squad car to function as the canine handler take home squad. The table that follows outlines the initial costs in implementing a canine officer program. This initial cost includes the purchase of the dog, initial training academy, vet bills, dog food, dog care, installation of equipment, and other necessary equipment. Table 1 Establishing A Canine Unit (Pricing Based on 2011 Figures) Police Service Dog $7,500.00 Veterinarian Care $1,000.00/yr. Food $500.00/yr. Basic Equipment Package $800.00 Basic Canine Handler School $2,600.00 Basic Narcotic Detector School $500.00 K9 Transport Container $2,000.00 Installation $1,500.00 Tactical Deployment and Heat Alert System $900.00 Dog house and kennel at the handler’s residence $800.00 ________________ $18,100.00 Total The St Paul Police Canine Foundation grant offer will cover the cost of the imported service dog at $7500 and the cost of the basic canine handler training at $2600. The foundation requires a $4000 payment for participation in receiving this generous offer. An attached letter from the St Paul Canine Foundation briefly explains these details. To summarize, the Foundation pays for the dog purchase and basic canine handler school at a total cost of $10,100, leaving a net cost to the city of $4000. As the above table outlines, the remaining required cost for start-up expenses to the city is a total of approximately $12,000. This figure would be the required amount to implement the program. The city can also expect to plan on annual costs of $1500 in vet care and food for the dog, along with projected overtime and handler compensation costs ranging from $2400- $7100 each year. Recommendation: Staff recommends approving the police canine program and acceptance of the grant offer through the St Paul Police Canine Foundation. Respectfully Submitted, __________________ Thomas Kinney Chief of Police RESOLUTION NO. 7849 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA CREATION AND APPROVAL OF A POLICE CANINE PROGRAM WHEREAS, the implementation of a police canine program will advance the safety, productivity and efficiency of the police department through the skills of a trained canine in the tracking, searching, detection and apprehension of suspects and missing persons; and WHEREAS, the addition of a police canine will offer greater means of community outreach and connection with the citizens through demonstrations at schools, meetings, special events and presentations; and WHEREAS, the careful selection of an officer for assignment as the canine handler and attendance at the St Paul Police canine handler school with United States Police Canine Association certification will provide solid groundwork for a professional and successful program; and WHEREAS, clear departmental policy covering the direction and operation of the canine unit are vital to the program and along with the highest training standards will reduce civil liability; and WHEREAS, the initial cost of this program is estimated to be $18,100 to include the canine purchase and basic training through the St Paul Police Department, food, vet care, basic equipment and installation for the squad and home of the canine handler; and WHEREAS, The St Paul Police Canine Foundation has offered the Mounds View Police Department a $6100 grant award to reduce this initial start up cost to be approximately $12,000; and WHEREAS, future annual expenses to maintain the canine program are projected to run from $2400-$7100 to cover food, vet care and handler compensation for the necessary care and maintenance of the dog and overtime wages. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota to hereby approve the creation of a police canine program within the Mounds View Police Department at an estimated initial cost to the city of $12,000 to include the purchase of a canine, attendance at the basic handler school through the St Paul Police Department and acceptance of a grant award from the St Paul Police Canine Foundation which covers the purchase of an imported service dog and basic handler school, resulting in a net award benefit of $6100. Adopted this 14th day of November 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ Jim Ericson, City Administrator (seal) ST. PAUL POLICE K-9 FOUNDATION PO Box 17008 St. Paul, Minnesota 55117 November 9, 2011 Chief Thomas Kinney Mounds View Police Department 2401 Co. 10 Mounds View, Minnesota 55112 Re: St. Paul Police K-9 Foundation Grant Dear Sir: The St. Paul Police K-9 Foundation has approved a grant for the purchase and training of an imported GSD for your agency. A four thousand dollar donation to the St. Paul Police K-9 Foundation will be required to receive this grant. We are currently paying $7500 for imported K-9’s and the training fee is $2600. To assist your agency further we are not requiring that the donation to be made prior to March 1, 2012. I have attached the Grant Application and the Registration for the Basic Handler course. If you have any questions, please call or email me Sincerely, St. Paul Police K-9 Foundation Lawrence M. Kelly - President Item No: 7I Meeting Date: November 14, 2011 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 7856, Accepting Work for the 2009/2010 Street and Utility Improvement Project (Area A) and Authorizing Final Payment to North Valley, Inc. Background: North Valley, Inc. submitted the lowest responsible bid and was awarded construction for the 2009-2010 Street and Utility Improvement Project in Area A. North Valley performed construction for the project during summer 2009 and was substantially complete on October 28, 2009, nearly 10 months before the contract deadline. A punch list was prepared after substantial completion for the remaining minor work and/or repairs left to complete before project close-out. Unfortunately, the punch list work related to turf restoration and some infiltration basin reworking drug on for nearly another one and one-half years. Most of the reason behind this delay was due to a landscaping subcontractor who was unresponsive to punch list items, and has since gone out of business. Discussion: The City and North Valley, with the assistance of Stantec, have come to an agreement for damages resulting from the delay to complete final completion items in a timely manner. The final pay application shows a credit to the City of $7,500 for 50 days of liquidated damages. This amount was due to North Valley for completed work. The following is a summary of the construction costs: Original Contract Amount: $3,948,859.33 Change Orders (1): + $ 113,552.17 Revised Contract Amount: $4,062,411.50 Total Work Completed: $3,730,589.96 Liquidated Damages: - $ 7,500.00 Total Construction Cost: $3,723,089.96 $339,321.54 below revised contract amount Recommendation: Stantec and City staff recommends that the City Council consider approving the attached resolution to bring construction for Area A to a close. North Valley has submitted all IC-134 forms as required for close-out. The final pay application has been processed under “Payment of Claims” for the November 14, 2011 meeting. Respectfully submitted, Nick DeBar - Public Works Director Attachments: • Resolution 7856 • Final Pay Application Summary Page • Acceptance letter from Stantec RESOLUTION 7856 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ACCEPTING WORK FOR THE 2009/2010 STREET AND UTILITY IMPROVEMENT PROJECT (AREA A) AND AUTHORIZING FINAL PAYMENT TO NORTH VALLEY, INC. WHEREAS, on May 22, 2006 the City Council adopted Resolution 6823 ordering the Feasibility Report for the 2007-2008 Street and Utility Improvement Project; and WHEREAS, on December 11, 2006 the City Council held a Public Hearing and adopted Resolution 6982 approving the Feasibility Report for the 2007-2008 Street and Utility Improvement Project; and WHEREAS, on February 12, 2007 the City Council adopted Resolution 7018 approving the sufficiency of petition in opposition to the 2007-2008 Street and Utility Improvement Project; and WHEREAS, on March 12, 2007 the City Council adopted Resolution 7045 establishing the Streets and Utilities Task Force; and WHEREAS, on October 22, 2007 the City Council adopted Resolution 7176 approving the Street and Utility Improvement Program based on the recommendations of the Streets and Utilities Task Force; and WHEREAS, on March 24, 2008 the City Council held a Public Hearing and adopted Resolution 7243 ordering the 2009-2010 Street and Utility Improvement Project, based on the Feasibility Report for the 2007-2008 Street and Utility Improvement Project, with the addition of Red Oak Drive north of Sherwood Road; and WHEREAS, on December 22, 2008 the City Council adopted Resolution 7382 approving the plans and specifications, setting the bid date, and authorizing the advertisement for bids for the 2009-2010 Street and Utility Improvement Project; and WHEREAS, sealed bids were received on January 29, 2009 for the 2009-2010 Street and Utility Improvement Project; and WHEREAS, on February 24, 2009 the City Council adopted Resolution 7414 awarding the construction contract for $3,948,859.33 to North Valley, Inc. of Nowthen, Minnesota for the 2009-2010 Street and Utility Improvement Project; and WHEREAS, North Valley, Inc. has successfully completing all construction contract requirements for the 2009-2010 Street and Utility Improvement Project for a final construction cost total of $3,730,589.96 minus $7,500 for liquated damages. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The work completed under the contract between the City and North Valley, Inc. for construction of the 2009-2010 Street and Utility Improvement Project is hereby accepted and approved. 2. The Finance Director is authorized to issue final payment for $38,165.64 to North Valley, Inc. for completing contract requirements for the 2009-2010 Street and Utility Improvement Project Adopted this 14th day of November, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Stantec Consulting Services Inc. 3717 23rd Street South St. Cloud MN 56301 Tel: (320) 251-4553 Fax: (320) 251-6252 November 10, 2011 File: 435-07129-0 Mr. Nick DeBar City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1429 Re: Notice of Acceptance of Work 2009-2010 Street and Utility Improvement Project City Project No: 2008-003 City Finance Dept. No: 285-4470-7050-311 Dear Mr. DeBar, North Valley Inc. has satisfactorily completed the work in accordance with the contract documents for the 2009-2010 Street and Utility Improvement Project. Therefore, it is recommended the City of Mounds View accept the project and make final payment to the contractor. The project substantial completion date was October 28, 2009. Therefore, the two-year warranty period, from the date of substantial completion, provided for in the contract documents has expired. Sincerely, STANTEC CONSULTING SERVICES INC. Michael Warner, PE Project Manager Tel: 651-604-4929 Item No: 07J Meeting Date: Nov 14, 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 7847 Accepting a Donation from Bethlehem Baptist Church in the Amount of $17,229.50 and Authorizing Distribution of Funds Introduction: Bethlehem Baptist Church purchased the building located at 5151 Program Avenue in 2004 and received City zoning approval to renovate the former office / warehouse space for church usage. At the same time, the Church expressed its desire to sponsor and support worthy community endeavors and created the Mounds View Service Project Fund pledging annual donations totaling $25,000. They envisioned the fund to be used to help meet certain community needs jointly identified by the city and the Church that would be “in harmony” with their mission and values. Discussion: Representatives from the City, the Community Center and the Park & Rec Commission met with representatives from Bethlehem Baptist Church on October 6, 2011, to discuss potential funding opportunities for the second half 2011 service project fund donation which totaled $17,229. A number of programs and improvements which had been reviewed by the Park and Recreation Commission, Community Center and Staff were highlighted for Bethlehem’s consideration. Subsequent to the meeting, the Church responded with a letter dated October 27, 2011, recommending the following disbursement schedule: Event Center Audio Improvements $1,000.00 Lambert Park Shelter Furniture Improvements $4,500.00 Portable Dance Flooring For MVCC $4,358.00 FDM Software (for first responders) $2,000.00 Video Security Improvements at City Hall and MVCC $2,000.00 Mobile Dental Clinic $500.00 Economic Development Fund $2,871.50 Recommendation: Attached for your consideration is Resolution 7847, a resolution which accepts the donation from Bethlehem Baptist Church in the amount of $17,229.50 and authorizes the distribution of the donations according to the Church’s recommendations. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 7847 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING A DONATION FROM BETHLEHEM BAPTIST CHURCH IN THE AMOUNT OF $17,229.50 AND AUTHORIZING DISTRIBUTION OF FUNDS WHEREAS, Since its establishment in Mounds View in 2004, Bethlehem Baptist Church has generously supported activities that have benefited the residents of Mounds View; and WHEREAS, Bethlehem Baptist Church would like to continue that support by making a contribution to the City of Mounds View of $17,229.50 to support the following programs and activities: Event Center Audio Improvements $1,000.00 Lambert Park Shelter Furniture Improvements $4,500.00 Portable Dance Flooring For MVCC $4,358.00 FDM Software (for first responders) $2,000.00 Video Security Improvements at City Hall and MVCC $2,000.00 Mobile Dental Clinic $500.00 Economic Development Fund $2,871.50 NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council gratefully acknowledges and accepts the donation of $17,229.50 from Bethlehem Baptist Church, authorizes the distribution of the funds as directed herein, and approves the amendment of the 2011 Budget accordingly. Adopted this 14th day of November, 2011 _____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 8A Meeting Date: Nov 14, 2011 Type of Business: Consent City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Consideration of Resolution 7840 Approving the Joint Powers Agreement Renewal of the Ramsey County GIS User Group Introduction: The Ramsey County Geographic Information Systems (GIS) User Group Joint Powers Agreement between the City and Ramsey County will expire at the end of the year. The City Council needs to approve a new agreement if the City is to continue receiving GIS data and information from Ramsey County. Discussion: The Ramsey County GIS Users Group was formed in 1995 by interested cities to encourage organizations to cooperate through the sharing of resources, data and ideas primarily for the establishment and maintenance of geographic systems (GIS) in local governments. Mounds View first entered into a joint powers agreement (JPA) with the group in 1997 and has been a member of the group ever since. Through this cooperative joint powers group, the City has gained access to all necessary and critical base data upon which City staff and consultants construct all City maps. City staff uses this information on a daily basis and finds the information and data invaluable. The proposed 2012 Budget has $1,300 in fund 100-4180-3030 for this service. Recommendation: Staff recommends approval of Resolution 7840. This resolution authorizes the execution of the Joint Powers Agreements with the Ramsey County GIS User Group, effective from January 1, 2012 through December 31, 2014. Respectfully submitted, ________________________ James Ericson City Administrator Attachments: 1. Ramsey County GIS User group Joint Powers Agreement 2. Resolution 7840 JOINT POWERS AGREEMENT AMONG MEMBERS OF THE RAMSEY COUNTY GEOGRAPHIC INFORMATION SYSTEMS USERS GROUP This JOINT POWERS AGREEMENT (“Agreement”) is entered into pursuant to the provisions of Minn. Stat. §471.59 among Governmental Units for the purposes of forming the Ramsey County Geographic Information System Users Group (“Users Group”). ARTICLE I. INTENT OF THIS AGREEMENT In 1995, an informal alliance, known as the Ramsey County Geographic Information System Users Group (“Users Group”), was formed among Governmental Units interested in using Geographic Information Systems (GIS) and data created and maintained by Ramsey County. This agreement is intended to establish and enable the Users Group to represent the parties to this Agreement for the purposes of undertaking negotiations and transactions. ARTICLE II. DEFINITIONS Section 1. Members means those Governmental Units that have executed this Joint Powers Agreement and have paid fees as provided in Article X. Section 2. Governmental Unit has the meaning set forth in Minnesota Statutes §471.59. Section 3. Users Group means a group made up of one representative of each Member with the powers and responsibilities described in this Agreement. ARTICLE III. GIS BOARD OF DIRECTORS STRUCTURE Section 1. There is hereby created a GIS Board of Directors (Board). Section 2. Each Member shall appoint one person to serve as a Director. Each Member may also appoint a person to serve as an Alternate Director. Members shall notify the Board in writing if the Director or Alternate Director changes. Section 3. The Board shall have the following officers: a Chair, Vice Chair, Secretary, and Treasurer (Officers). Section 4 The Officers will be elected annually by the Board. Section 5. The Officers shall serve on a voluntary basis without pay. Section 6. A quorum will consist of at least 40% of the full membership of the Board, whether or not all vacancies have been filled. Section 7. Decisions of the Board will be made by a majority of the quorum. ARTICLE IV. DUTIES OF THE GIS BOARD OF DIRECTORS Section 1. The Board shall meet at least two times per year. Section 2. The Board shall conduct an organizational meeting no later than 30 days after the effective date of this Agreement. The organizational meeting shall include: the election of officers; the adoption of by-laws and other procedures governing the conduct of its meetings and its business as it deems appropriate; the adoption of the Users Group Budget; review of the operating procedures within this Agreement. Section 3. The Board shall approve and adopt the formula for the distribution of costs associated with access to Ramsey County GIS data and the updating of physical features. This formula shall be reviewed annually by the Board. Section 4. The Board shall arrange for and facilitate regular meetings of the Users Group and for Users Group activities. Section 5. The Chair presides at meetings of the Board. The Vice Chair will preside in the absence of the Chair. The Secretary is responsible for recording the proceedings of the Board and communicating these proceedings to all Member organizations. The Treasurer is responsible for the funds and financial records of the Board. Section 6. The Chair and the Treasurer must sign vouchers or orders disbursing funds of the Users Group. Disbursement will be made in the method prescribed by law for statutory cities. Section 7. The Board may take such actions as it deems necessary and convenient to accomplish the general purposes of this Agreement. Section 8.The Board shall purchase liability insurance on behalf of the Users Group to insure against liability of the Users Group and its constituent Members. Section 9. The Board may: (i) Enter into contracts to carry out its powers and duties, in full compliance with any competitive bidding requirements imposed by State or local law; (ii) Provide for the prosecution, defense, or other participation in proceedings at law or in equity in which it may have an interest; (iii) Employ such persons as it deems necessary on a part-time, full-time, or consultancy basis; (iv) Purchase, hold, or dispose of real and personal property; (v) Contract for space, commodities or personal services with a Member or group of Members; (vi) Accept gifts, apply for and use grants or loans of money or other property from the state, the United States of America, and from other government units and may enter into agreements in connection therewith and hold, use and dispose of such money or property in accordance with the terms of the gift, grant, loan or agreement relating thereto; (vii) Appoint a fiscal agent. ARTICLE V. NEW MEMBERS Section 1. Any Governmental Unit that is not a party to the initial Agreement may join as a Member at any time. Section 2. To become a Member, a local unit of government shall adopt a resolution and shall sign this Joint Powers Agreement. Section 3. New Members will pay the current one-time membership fee and the data exchange fee due for the year in which the new Member is joining, as set by the Board pursuant to Article IV, Section 3, as calculated by the current formula. Fees will not be pro-rated for new Members who join after January 1 of each year. ARTICLE VI. GIS DATA TO BE SUPPLIED BY RAMSEY COUNTY Section 1. It is the intent of this Agreement that the Users Group will negotiate an agreement with Ramsey County for the exchange of County GIS Data with Members at a preferential fee structure. A component of the fees will apply to the collection of aerial photography and maintenance of digital physical features derived from aerial photography. Section 2. The GIS Data should consist of the following components generated and maintained by the County: (i) The Ramsey County Digital Base Map; (ii) The Ramsey County Attribute Data Base; (iii) The Physical Features File. Section 3. The Board will negotiate on behalf of the Members for the cost and method of access to this data. Prior to each payment to Ramsey County, the Board shall determine whether it is satisfied with the content, accuracy, and timeliness of the data provided to date and make a determination if further payment shall be made. ARTICLE VII. GIS DATA TO BE EXCHANGED AS PART OF THIS AGREEMENT Section 1. Members agree to exchange any GIS data with Ramsey County and with any requesting Member for the requesting party’s own use where that GIS data has been in some way derived and/or developed from the County GIS Data accessed through this Agreement or future agreements between the Users Group and Ramsey County. Members agree to exchange with Ramsey County and with any other Member any attribute data that it has created and maintained where that data can be associated to a parcel using a parcel identifier. Members also agree to exchange any building permit data requested by Ramsey County for the identification of future physical feature data base updates. Section 2. The Board will negotiate with Ramsey County on behalf of the Members in all matters deemed necessary relating to supply of GIS data generated by a Member. Section 3. Any costs associated with a Member supplying data to Ramsey County or to any other Member shall be for access and delivery of that data only and not for any costs associated with the development of that data. ARTICLE VIII. DATA ACCESS AND USAGE Section 1. All Members shall have equal rights to access Ramsey County GIS Data. Section 2. Data generated by Ramsey County and provided to Members may not be sold in its original form to third party agencies. However, a Member may allow use of the original data by a third party for specific contracted purposes. Section 3. Data which results from enhancement of Ramsey County GIS Data by a Member, received pursuant to this Agreement, may be sold or exchanged to a third party. Section 4. All Members will adhere to future Users Group license agreements for County or other agency GIS data. ARTICLE IX. DATA SECURITY All Members agree to abide by the data privacy and data security standards of the Member when using Ramsey County GIS Data or any derivative or enhancement of the data. ARTICLE X. FINANCIAL MATTERS Section 1. The fiscal year of the Users Group is the calendar year. Section 2. The Board shall adopt an initial budget and must thereafter adopt an annual budget prior to July 1 of each year for each succeeding year. The Board will give an opportunity to each Member to comment or object to the proposed budget before adoption. Notice of the adopted budget must be mailed promptly thereafter to the chief administrative officer of each Member. Section 3. Operational costs shall be shared according to a method agreed upon by majority decision of the Board of Directors. The costs could be met by membership fees. These costs could include Users Group administrative costs, purchase of liability insurance, and others as appropriate. Section 4. Membership Fee: New Members shall pay a one-time membership fee of $500 to the Users Group for the calendar year in which they are accepted into the User Group. The amount of this fee shall be reviewed and set annually by the Board of Directors for new Members. Section 5. Data Access and Physical Features Maintenance Fee: Members shall commit to payment of data access and physical features maintenance fees, except where limited by State Statutes. Ramsey County will charge the Users Group for unlimited access to the Ramsey County GIS Data. This fee will be paid to Ramsey County by the Users Group on behalf of the Members. The amount to be paid by each will be determined by the Board. Section 6. Special Projects Assessments: Members who wish to enter into special projects and consultations shall present proposals to the Board for review. Examples of special projects could be cooperative training or consortium purchase of software. Upon approval by the Board, those Members who are part of the project will be assessed to meet the cost of the project. Section 7. Billings to the Members are due and payable no later than 60 days after the receipt of the invoice. In the event of a dispute as to the amount of a billing, a Member must nevertheless make payment as billed to preserve membership status. The Member may make payment subject to its right to dispute the bill and exercise any remedies available to it. Failure to pay a billing within 60 days results in suspension of voting privileges of the Member Director. Failure to pay a billing within 120 days is grounds for termination of membership, but the Users Group’s right to receive payment survives termination of membership. ARTICLE XI. TERM Section 1. The Term of this Agreement is January 1, 2012, through December 31, 2014. Section 2. Based on the annual review of the operating procedures within the Agreement conducted by the Board, a new Agreement will be developed and circulated at least three months prior to December 31, 2014 and be agreed upon and signed on or before December 31, 2014. ARTICLE XII. TERMINATION Each Member shall have the right to terminate its membership and participation in the Users Group by formal resolution of the Member’s organization and communicated to the Board in writing. However, the Member is still obligated to its financial commitments for the year during which termination of membership occurs. These commitments include: (i) Any balance of the Data Access/Physical Features Maintenance Fee. This commitment applies to all Members; (ii) Any balance owing on Special Projects Assessments. This commitment applies to Members which have entered into any special project agreement(s). Termination of membership prior to expiration of the Agreement shall make the Governmental Unit ineligible to re- join the User Group during the Term of this Agreement. ARTICLE XIII. DISSOLUTION Section 1. The Users Group may be dissolved by a two-thirds vote of its Members in good standing. Dissolution is mandatory when the Secretary has received certified copies of resolutions adopted by the governing bodies of the required number of Members requesting dissolution. Section 2. In the event of a dissolution, the Board must determine the measures necessary to effect the dissolution and must provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this Agreement and law. Section 3. In the event of dissolution, following the payment of all outstanding obligations, assets of the Users Group will be distributed among the then existing Members in direct proportion to their cumulative annual contributions. If those obligations exceed the assets of the Users Group, the net deficit of the Users Group will be charged to and paid by the then existing Members in direct proportion to their cumulative annual contributions. ARTICLE XIV. ACCESS TO DOCUMENTS Until the expiration of six years after this Agreement terminates, the Users Group shall make available to the Member organizations and to the State Auditor, a copy of this Agreement and books, documents, accounting procedures and practices of the Users Group relating to this Agreement. ARTICLE XV. HOLD HARMLESS Section 1. Each Member agrees to defend, indemnify, and hold the other Members harmless from any claims, demands, actions or causes of action, including reasonable attorneys fees, against or incurred by such other Members, for injury to, death of, or damage to the property of any third person or persons, arising out of any act or omission on the part of the indemnifying Member or any of its agents, servants or employees in the performance of or with relation to any of the work or services provided by Members under the terms of this Agreement. Section 2. Nothing in this Agreement shall constitute a waiver by any Member of the Users Group of any limitation of liability under Minnesota Statutes Chapter 466, or other statutory or common law immunities, limits, or exceptions on liability. Section3. Under no circumstances, however, shall a Member be required to pay on behalf of itself and other Members, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 applicable to any one Member. The limits of liability for some or all of the Members may not be added together to determine the maximum amount of liability for any Member. ARTICLE XVI. EQUAL EMPLOYMENT OPPORTUNITY The Members and the Users Group agree to comply with all federal, state, and local laws, resolutions, ordinances, rules, regulations, and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability, or age. ARTICLE XVII. DATA PRACTICES Section 1. All data collected, created, received, maintained, or disseminated for any purpose in the course of either the Member’s or the Users Group’s performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. Section 2. The Members and the Users Group agree to abide strictly by these statutes, rules, and regulations. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on this ____ day of ___________, _________. ORGANIZATION ______________________________________ Approved: By:___________________________________________________ ( Mayor / Chair / President ) By:___________________________________________________ ( City Manager / Administrator ) DESIGNATED DIRECTOR TO REPRESENT ORGANIZATION: Name:____________________________________ Phone:____________________________________ Email:____________________________________ ALTERNATE DIRECTOR (IF APPLICABLE): Name:____________________________________ Phone:____________________________________ Email:____________________________________ By:___________________________________________________ ( Chair of Users Group ) RESOLUTION NO. 7840 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA RESOLUTION APPROVING A RENEWAL OF THE JOINT PWOERS AGREEMENT WITH THE RAMSEY COUNTY GIS USERS GROUP WHEREAS, interested cities formed The Ramsey County GIS Users Group in 1995 to encourage organizations to cooperate through the sharing of resources, data and ideas, primarily for the establishment and maintenance of geographic information systems (GIS) within local units of government; and, WHEREAS, Mounds View first entered into a joint powers agreement with the users group in 1997 renewing its participation in 2000, 2003 and again in 2009; and, WHEREAS, continued participation with the Ramsey County GIS User Group will afford the City access to critical County base data and city parcel data for mapping and informational purposes; and, WHEREAS, the County’s data offers a base that the City can add layers to comprising, for example, comprehensive plan designations, zoning overlays, land use districts, street systems, utility lines and infrastructure, pavement management rankings, code enforcement activity, permits and calls for service. NOW, THEREFORE, BE IT RESOLVED, in order to continue the City’s ability to create, manage and manipulate maps and data, the Mounds View City Council does hereby authorize the execution of the Joint Powers Agreement valid through December 31, 2014. Adopted this 14th day of November, 2011 __________________________________ Joe Flaherty, Mayor ATTEST: ___________________________________ James Ericson, City Administrator (seal) Reviewed/Revised by Councilmember Mueller, Councilmember Gunn, City Administrator Ericson, Public Works Director DeBar and Assistant City Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 October 10, 2011 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:01 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, October 10, 2011, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, October 10, 2011, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Herbs Zwirn, 7660 Greenfield Avenue, indicated he owned the property next to County Road I 30 and Greenfield Avenue. He stated he has a fence around his property and the adjacent property 31 has now placed a privacy fence along their property line. He expressed concern that the area 32 between the fences was not being maintained. Mr. Zwirn requested action be taken by the City. 33 34 City Administrator Ericson stated he would speak with Jeremiah Anderson regarding the 35 concerns to ensure there is a resolution to the matter. 36 37 6. SPECIAL ORDER OF BUSINESS 38 A. Update from Ramsey County Sheriff Matt Bostrom 39 40 Sheriff Matt Bostrom thanked the Council for the invitation to attend this evening’s meeting and 41 provided the Council with an update from the County. He explained in detail the many services 42 and benefits the County was providing to come along side the City of Mounds View and their 43 Police Department. Sheriff Bostrom was pleased with the City’s Police Department and stated 44 he would continue to partner with the agency to develop and reinvest in the community. 45 Mounds View City Council October 10, 2011 Regular Meeting Page 2 1 Sheriff Bostrom indicated he was excited about being the Sheriff and the great things happening 2 within the County. He indicated the County had great leaders within each of its Police 3 Department, which greatly benefited the community and his department. He explained the 4 regional response available to the public was growing through knowledge and training. He again 5 thanked the Council for opportunity to be present this evening and asked for questions or 6 comments. 7 8 Mayor Flaherty thanked Sheriff Bostrom for being present this evening. He stated the visibility 9 of the County within the City of Mounds View benefited the community. 10 11 Mayor Flaherty questioned how many canine units Ramsey County had. Sheriff Bostrom 12 indicated the County had eight canine units and each was a tremendous tool for the department. 13 He felt the value added to the City’s department would be great through the addition of a canine. 14 The canine unit would serve the community well. 15 16 Council Member Mueller thanked Sheriff Bostrom for his display at the Festival in the Park. She 17 appreciated the County’s support at the event. 18 19 Council Member Stigney questioned if the new policy manual could be viewed by the general 20 public. Sheriff Bostrom stated this information was available upon request and he could forward 21 the information to the Council. 22 23 7. COUNCIL BUSINESS 24 A. 7:05 p.m. Public Hearing to Consider Resolution 7832, Adopting a Special 25 Assessment Levy for Delinquent Public Utility Accounts. 26 27 Finance Director Beer stated delinquent utility accounts are assessed in the fall of each year. He 28 stated letters were sent to property owners in September. A $35.00 fee was added to the assessed 29 expense. He noted several residents had paid their accounts in full last Friday. Any delinquent 30 party could pay their account in full from now until November to avoid the expense being 31 assessed to their property and accruing interest. 32 33 Mayor Flaherty opened the public hearing at 7:25 p.m. 34 35 Herbs Zwirn, 7660 Greenfield Avenue, objected to the special assessment being levied on his 36 property for delinquent public utilities. He stated the meter reader at his father’s property was in 37 need of reinstallation which he tried to arrange with City staff. This installation created a great 38 deal of trouble but he continued to pay his bills on time. 39 40 Mr. Zwirn explained that after the new meter reader was installed he received a bill for over $400 41 for past services. He called the City to review the matter and no resolution has been found. He 42 felt the charges were unfounded and requested the Council not assess the amount to his property 43 until the matter could be resolved. 44 Mounds View City Council October 10, 2011 Regular Meeting Page 3 1 Mayor Flaherty questioned how the matter should proceed. City Administrator Ericson indicated 2 the meter could be read manually to assess if the meter was working properly. He was unaware 3 of the circumstances on this matter and suggested Public Works Director DeBar could speak to 4 the matter further. 5 6 Public Works Director DeBar commented if there was a malfunction with a meter, no signal was 7 sent for the reading. This would show up on the meter reading report. The battery within the 8 meter would then need to be replaced. 9 10 Finance Director Beer stated an estimate had been done on the account and it could have been 11 low, which would make for a higher quarterly bill. 12 13 Mayor Flaherty requested Staff to look further into the matter. 14 15 Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:36 p.m. 16 17 Council Member Mueller commented the number of delinquent utility payments had increased as 18 has the number of vacancies and foreclosures within the City. She stated if the properties were 19 sold or acquired, the City had a chance of regaining these expenses. She recommended Mr. 20 Zwirn’s assessment be removed until there was further resolution with City Staff. 21 22 City Attorney Riggs commented that the City had not received any written objections to date and 23 recommended the Council approve the special assessment levies as presented. 24 25 Mayor Flaherty agreed with Counsel and requested that Staff resolve the issue with Mr. Zwirn. 26 27 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7832, 28 Adoption a Special Assessment Levy for Delinquent Public Utility Accounts. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 B. 7:10 p.m. Public Hearing to Consider Resolution 7833, Adopting a Special 33 Assessment Levy for Unpaid Diseased Tree, False Alarm, and Nuisance 34 Abatement Charges. 35 36 Finance Director Beer explained that Staff was recommending the Council adopt a special 37 assessment levy for unpaid delinquent charges for diseased tree, false alarm and nuisance 38 abatement charges. He noted the diseased tree assessments would be spread out over three years 39 while the other assessments would be collected in one year. 40 41 Mayor Flaherty opened the public hearing at 7:41 p.m. 42 43 Hearing no public input, Mayor Flaherty closed the public hearing at 7:41 p.m. 44 Mounds View City Council October 10, 2011 Regular Meeting Page 4 1 City Attorney Riggs noted the City has received no written objections for these special 2 assessments. 3 4 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7833, 5 Adopting a Special Assessment Levy for Unpaid Diseased Tree, False Alarm, and Nuisance 6 Abatement Charges. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 C. 7:15 p.m. Public Hearing to Consider Resolution 7834, Adopting a Special 11 Assessment Levy for Unpaid Water Service Repairs. 12 13 Mayor Flaherty opened the public hearing at 7:43 p.m. 14 15 City Attorney Riggs indicated the Council had a letter before them for consideration. 16 17 Finance Director Beer commented this past summer there was a water leak in the proximity of 18 2400 County Road H2 near Edgewood. The Public Works Director contacted the property owner 19 to inform them of their responsibility to repair the water leak. No action was taken by the 20 property owner. The Public Works Department had to take action to maintain the integrity of the 21 road and sidewalk. A contractor was called in, excavated the area, found the leak and determined 22 it to be a pinhole defect in a pipe. The street, sidewalk and sod were then repaired by the City. 23 24 Finance Director Beer stated the expense for the repairs was $7,536.50 plus a $35.00 assessment 25 fee. He noted the property owner could pay in the next 30 days without being charged interest. 26 The property owner has requested a delay in the assessment to discuss the matter further with the 27 City. 28 29 City Attorney Riggs reviewed a letter received on October 7th from Alan Lanners, representing 30 Goff Holdings, LLC, which is the property owner. Mr. Lanners has requested a meeting be held 31 on Friday, October 14th at 10:00 a.m. at City Hall. Staff attempted to hold a meeting prior to this 32 evenings meeting. He stated the public hearing and action on this item could be continued to the 33 October 24th City Council meeting to allow Staff time to meet with the property owner. 34 35 MOTION/SECOND: Mueller/Stigney. To continue the public hearing and postpone action on 36 this item to the October 24th City Council meeting. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 D. Resolution 7835, Adopting a Special Assessment Levy for Private 41 Improvements in Area D of the Street and Utility Improvement Program. 42 43 Finance Director Beer stated the Area D Street and Utility Improvements were certified earlier 44 Mounds View City Council October 10, 2011 Regular Meeting Page 5 this year through Resolution 7803. He indicated one additional special assessment was needed 1 for a private driveway improvement. 2 3 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7835, 4 Adopting a Special Assessment Levy for Private Improvements in Area D of the Street and 5 Utility Improvement Program. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 E. Resolution 7836, Re-approving the Select Senior Living Final Plat, 10 Development Agreement, Conditional Use Permit and Development Review 11 for the Senior Living Project at County Road 10 and Groveland Road. 12 13 Associate Planner Heller indicated Joel Larson with Select Senior Living was requesting the 14 Council reapprove the final plat, development agreement, conditional use permit and 15 development review for the proposed development. She indicated Select Senior Living has 16 continued to seek financing for their development and wished to continue within the City. 17 18 Associate Planner Heller explained the original approval has lapsed and required the Council to 19 reapprove the initial requests. Staff recommended the re-approval of the final plat, development 20 agreement, conditional use permit and development review. 21 22 Mayor Flaherty questioned why the Fridley and Arden Hills senior living projects were being 23 financed but the Mounds View senior development was not. Joel Larson, Select Senior Living, 24 indicated Presbyterian Homes in Arden Hills was a non-profit organization, which raised funds 25 differently. He indicated the senior living project in Fridley was much smaller than the one 26 proposed for Mounds View. 27 28 Council Member Mueller questioned how the operations in Coon Rapids were coming along. 29 Mr. Larson stated every unit in Coon Rapids was occupied at this time. He indicated there was a 30 great demand for senior living. 31 32 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7836, Re-33 approving the Select Senior Living Final Plat, Development Agreement, Conditional Use Permit 34 and Development Review for the Senior Living Project at County Road 10 and Groveland Road. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 F. Resolution 7837, Authorizing INSPEC, Inc. to Perform Engineering Design 39 and Prepare Bidding Documents for the 2012 Reroofing of Community 40 Center and Water Treatment Plant No. 1 Project. 41 42 Public Works Director DeBar explained last year the Council hired INSPEC to complete a Roof 43 Management Plan for the City of Mounds View. This plan was completed and in 2011, City Hall 44 Mounds View City Council October 10, 2011 Regular Meeting Page 6 was reroofed. He indicated the Roof Management Plan was recommending the Community 1 Center and Water Treatment Plant No. 1 be reroofed in 2012. The expense was estimated to be 2 $546,000 for the Community Center and $43,000 for the Water Treatment Plant No. 1. 3 4 Public Works Director DeBar noted staff solicited bids from INSPEC for the project and 5 recommended the Council proceed with the engineering design and bid documents be prepared 6 for the aforementioned project by INSPEC for $25,200. He indicated the 2011 budget did not 7 include the design and bid document fees. However, the costs anticipated for the City Hall 8 reroofing were less than expected and a balance of $36,000 was available to cover the 9 preparation of the necessary documents. He anticipated the documents would be back to the City 10 in December for the Council to review. 11 12 Council Member Stigney questioned the expense to reroof the Community Center. Public Works 13 Director DeBar clarified that the numbers were incorrect in the original bid documents from 14 INSPEC, so his estimate in the report was incorrect. The correct estimate was $546,000. 15 16 Mayor Flaherty asked why the engineering expenses were so high for this project. Public Works 17 Director DeBar stated the entire structure was being evaluated to ensure that the reroofing would 18 be completed properly. He indicated Staff did not have the knowledge or expertise that INSPEC 19 did in this area. He was impressed with how INSPEC handled the reroofing of the City Hall as 20 there was no standing water at this time. 21 22 Mayor Flaherty inquired if engineering documents were necessary to reroof a building. Public 23 Works Director DeBar stated this project was over $100,000 and the City would benefit from 24 professionally prepared engineering documents to ensure that the public bid was completed 25 properly. 26 27 Council Member Gunn requested further clarification on the items that had been completed to 28 date in the Roof Management Plan. Public Works Director DeBar reviewed the items that had 29 been completed with the Council and the items that were slated for 2012. 30 31 Council Member Stigney questioned if the original roof on the City Hall was not properly 32 engineered. Public Works Director DeBar indicated the roofing standards have changed over 33 time and the original roof style varied from the new roof. 34 35 Council Member Stigney asked the timeline of protection the City had from the engineer’s errors 36 and omissions and the estimated warranty for the roof. Public Works Director DeBar stated this 37 would vary given the circumstances behind the roof failure. He estimated the roof would be 38 warrantied for 10 years by the manufacturer. He explained this information would be more 39 greatly known after bid documents were received. 40 41 City Attorney Riggs indicated the Council could request a 10 year warranty in the specifications, 42 but this may increase the expense. 43 44 Mounds View City Council October 10, 2011 Regular Meeting Page 7 Mayor Flaherty suggested Staff seek out the warranty information on the City Hall roof and the 1 projected life expectancy for the Community Center’s new roof. 2 3 Council Member Stigney expressed concern that the new roof had only a ten year warranty 4 considering this was a high quality roof. 5 6 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7837, 7 Authorizing INSPEC, Inc. to Perform Engineering Design and Prepare Bidding Documents for 8 the 2012 Reroofing of Community Center and Water Treatment Plant No. 1 Project. 9 10 Council Member Mueller commented the City had $265,000 programmed for the roof 11 replacement in 2012. She questioned if the engineering plans would be good in 2013 or 2014 if 12 the necessary funds were not available in 2012. Finance Director Beer stated the 2012 budget 13 was not set and the amount could be increased to $500,000. He stated $1.2 million was available 14 in the Special Projects Fund to cover the additional expense. 15 16 Mayor Flaherty thanked the Council for the detailed discussion on this item. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 G. Resolution 7838, Authorizing Barr Engineering Company to Perform a 21 Sediment Survey and Prepare an Evaluation Report for Silver View Pond. 22 23 Public Works Director DeBar commented Silver View Pond was a key pond in the City’s 24 stormwater system. He stated the pond was excavated in 1982 and was 9.3 acres in water surface 25 area. The pond provided stormwater storage for the developments in this area with three bays 26 offering sediment removal. He indicated the pond also provided flood protection. 27 28 Public Works Director DeBar explained the MPCA requires that stormwater ponds be surveyed 29 when a pond is suspected of reaching 50% of its storage capacity. He explained the last study on 30 this pond was completed in 1989. The report came back stating the pond was functioning fine. 31 However, the pond was now closer to 30 years in age and may need to be dredged. Given the age 32 of the pond, Staff recommended Barr Engineering Company perform a sediment survey and 33 prepare an evaluation report for Silver View Pond. This information would provide the City with 34 an assessment of how the pond was functioning. 35 36 Council Member Mueller questioned how much the additional core samples may cost the City. 37 Public Works Director DeBar stated after the sediment survey was completed, the PCA has 38 requirements on how core sample were to be taken. He noted dredging estimates would also be 39 included in the evaluation report. 40 41 Finance Director Beer asked if the City had any other alternatives to dredging the pond. Public 42 Works Director DeBar felt the pond would have to be dredged but snow removal practices and 43 construction silt fences would assist in keeping the pond more clear going into the future. 44 Mounds View City Council October 10, 2011 Regular Meeting Page 8 1 Council Member Mueller inquired if this stormwater pond would qualify for clean up funding. 2 Public Works Director DeBar was not certain but stated once the evaluation report was reviewed, 3 Staff would investigate this further. 4 5 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7838, 6 Authoring Barr Engineering Company to Perform a Sediment Survey and Prepare an Evaluation 7 Report for Silver View Pond. 8 9 Council Member Hull requested the date be corrected on the Resolution. 10 11 Mayor Flaherty felt the evaluation was much needed as Silver View Pond was not just a holding 12 pond, as it has become an amenity in the City. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 H. Resolution 7839, Approving a Limited Use Agreement with Mounds View 17 Estates for On-Street Parking on Jackson Drive. 18 19 Public Works Director DeBar stated Mounds View Estates was located at the intersection of 20 County Road I and Jackson Drive. He noted there were two on-street bump outs that served the 21 complex. This on-street parking was first considered by the Council in January of 1983. In June 22 of 1987 the City authorized the requested parking areas along Jackson Drive. 23 24 Public Works Director DeBar indicated Jackson Drive was completed this summer as part of the 25 Street and Utility Improvement Project. He explained Jackson Drive was a Municipal State-Aid 26 Street and had more strict requirements for width. He noted the parking near Mounds View 27 Estates did not meet current standards which led to a discussion with the property owner. 28 29 Public Works Director DeBar stated a limited use agreement was drafted for the use of parking 30 along Jackson Drive. The costs were detailed within the agreement and would be the 31 responsibility of Mounds View Estates. The total expense was $8,400 and the fees would be 32 assessed through the private improvement program. Staff explained the City Attorney has 33 reviewed the limited use agreement and recommends approval. 34 35 Council Member Mueller asked who completed the snow removal for this bump out parking. 36 Public Works Director DeBar indicated the lot would continue to be the responsibility of Mounds 37 View Estates. 38 39 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7839, 40 Approving a Limited Use Agreement with Mounds View Estates for On-Street Parking on 41 Jackson Drive. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 Mounds View City Council October 10, 2011 Regular Meeting Page 9 1 8. CONSENT AGENDA 2 3 None. 4 5 9. JUST AND CORRECT CLAIMS 6 7 Finance Director Beer answered the Council's questions related to claims. 8 9 MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 10. APPROVAL OF MINUTES 14 A. August 22, 2011, City Council Meeting Minutes. 15 16 Council Member Mueller requested a correction on Page 5, Line 7, adding the words “some of” 17 before “these districts would be decertified”. City Administrator Ericson stated this could be 18 clarified in the minutes. 19 20 MOTION/SECOND: Gunn/Hull. To Approve the August 22, 2011, City Council meeting 21 minutes as corrected. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 B. September 12, 2011, City Council Meeting Minutes. 26 27 Council Member Mueller requested a correction on Page 10, Line 29, to read “Council Member 28 Mueller stated she was proud of the Resolution.” In addition, on Page 12, Line 27, several 29 commas were missing. 30 31 MOTION/SECOND: Mueller/Gunn. To Approve the September 12, 2011, City Council 32 meeting minutes as corrected. 33 34 Ayes - -- 5 Nays - -- 0 Motion carried. 35 36 11. REPORTS 37 A. Reports of Mayor and Council. 38 39 Council Member Mueller stated the Ramsey County League of Local Government was meeting 40 on Thursday, October 27th at the Maplewood City Hall at 7:00 p.m. This meeting was requested 41 to hold a conversation with Met Council regarding the proposed entertainment center in Arden 42 Hills. 43 44 Mounds View City Council October 10, 2011 Regular Meeting Page 10 Council Member Mueller indicated the Mounds View Business Council meeting would be held 1 on October 19th at the Community Center at 7:00. 2 3 Council Member Gunn reported the YMCA Advisory Committee met on October 3rd. She 4 reviewed the items discussed. She explained the Minneapolis and St. Paul YMCA’s were 5 merging. The programs at the Mounds View YMCA were doing well and the event center was 6 booked through November. It was discussed the Chamber of Commerce space was still empty 7 and potential renters were discussed. She noted Nathan Danielson was hired as the new 8 executive director of the YMCA. 9 10 Mayor Flaherty commented he attended a Five Cities meeting earlier this afternoon. The big 11 discussion was on the I-694/TH10/Snelling Avenue construction. He anticipated there would be 12 a great deal of congestion while this project was underway. Mayor Flaherty explained he spoke 13 with the mayor of Roseville regarding canine units. The group was waiting to hear back on a 14 report from the State regarding the Arden Hills site and the potential development of a Vikings 15 Stadium. 16 17 B. Reports of Staff. 18 1. Public Works Project Updates 19 20 Public Works Director DeBar provided a status update to the Council regarding Area D. He 21 noted the final wear layer would be put down on Monday and the contractor was finishing up 22 punch list items. 23 24 Public Works Director DeBar indicated he has spoken with the County regarding County 25 Highway 10 and how the intersections could be funded by grants. 26 27 Public Works Director DeBar reviewed how the HVAC unit on the Community Center was 28 being addressed. Sidewalk improvements would be completed yet this fall at the Community 29 Center adding a pedestrian ramp with an additional sidewalk to Branson. 30 31 Public Works Director DeBar explained the City Hall generator would be operational next week. 32 He discussed the work that has been completed on Lambert Park explaining that the footings 33 were now completed. 34 35 Finance Director Beer stated he has been discussing the City’s meter readers with Public Works 36 Director DeBar. He indicated in 2007, 2,400 phone-read meter readers were replaced with 37 Neptune readers. This model has proven highly successful for the City. 38 39 Finance Director Beer explained the Census model meter readers had a short battery life. The 40 batteries had to be replaced every six to eight years at an expense of $25 plus Staff time. He 41 questioned if the Council was interested in replacing the 800 Census meter readers with the 42 Neptune model. He indicated the expense would be approximately $80,000. 43 44 Mounds View City Council October 10, 2011 Regular Meeting Page 11 Mayor Flaherty suggested Staff provide the Council with further information on the topic before 1 the item was discussed. City Administrator Ericson stated the item could be placed on a future 2 work session meeting. 3 4 Council Member Mueller questioned if the 800 Census meter readers had any salvage value. 5 Finance Director Beer stated there may be a City interested in purchasing the units. 6 7 City Administrator Ericson noted he would be attending a quarterly meeting this Wednesday with 8 the Tri-City Fire Department representatives. The information discussed would be brought back 9 to the Council. 10 11 City Administrator Ericson indicated he met with Bethlehem Baptist last week and discussed 12 potential projects and programs for funding. The canine unit was discussed. A check for the 13 second half of 2011 has been received by the City. 14 15 City Administrator Ericson commented on the potential billboard revenue stream for Billboard 16 #1. Clear Channel was hoping to change this billboard to a dynamic display. The City currently 17 received $15,000 a year in revenues for this sign. In 2016, this would increase to $20,000. If the 18 sign was converted to a dynamic display this revenue stream would increase to $50,000. He 19 explained that an illuminants meter would be charged to Clear Channel to assist with monitoring 20 the dynamic sign. The City was waiting on a response from MedTronic as they were the land 21 owner. Further information would be brought to the Council at the October 24th Council 22 meeting. He questioned if the Council would like to proceed with the lease billboard documents. 23 24 Council Member Stigney stated he would need to see the contract before making any comment. 25 He felt it was premature for the Council to make a decision as the value of the sign was 26 unknown. 27 28 Mayor Flaherty requested City Attorney Riggs not review any documents until a response was 29 received from MedTronic. 30 31 Council Member Hull was fine with going forward. 32 33 Council Member Mueller was concerned about the sign facing 35W at the north end of Program 34 Avenue. City Administrator Ericson indicated this was a separate issue and would be addressed 35 through the City’s Ordinance. 36 37 Council Member Mueller requested Staff review the City of Blaine’s contract with Clear Channel 38 to assure the City is receiving the best value. 39 40 Council Member Gunn was in favor of proceeding after Staff had time to gather the necessary 41 information. She felt the $50,000-60,000 in revenues would be the standard. 42 43 Mounds View City Council October 10, 2011 Regular Meeting Page 12 Mayor Flaherty stated the Blaine contract with Clear Channel would be beneficial for the Council 1 to review. 2 3 Council Member Mueller was in favor of the new revenue stream. 4 5 C. Reports of City Attorney. 6 7 City Attorney Riggs had nothing additional to report. 8 9 12. Next Council Work Session: Monday, November 7, 2011, at 7:00 p.m. 10 Next Council Meeting: Monday, October 24, 2011, at 7:00 p.m. 11 12 13. ADJOURNMENT 13 14 The meeting was adjourned at 9:50 p.m. 15 16 Transcribed by: 17 18 Heidi Guenther 19 TimeSaver Off Site Secretarial, Inc. 20 Reviewed/Revised by Councilmember Gunn, Councilmember Mueller, Councilmember Gunn, City Administrator Ericson, Public Works Director DeBar and Planning Associate Heller PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 October 24, 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: Flaherty, Stigney, Hull, Gunn. 16 17 NOT PRESENT: Mueller (excused) 18 19 4. APPROVAL OF AGENDA 20 A. Monday, October 24, 2011, City Council Agenda. 21 22 MOTION/SECOND: Hull/Gunn. To Approve the Monday, October 24, 2011, agenda as 23 presented. 24 25 Ayes – 4 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Mary Jo Howell, 3032 County Road I, indicated she has lived in Mounds View for the past four 30 years. She requested a Special Use Permit from the City or an amendment to the zoning code 31 allowing massage as a home business. After speaking with City staff regarding her request she 32 was informed she could not receive a variance for the home business. Ms. Howell reviewed 33 several massage therapy statistics with the Council noting Blaine, Spring Lake Park, White Bear 34 Lake and Arden Hills do allow massage as a home business. She noted massage was a health 35 and beauty service and treated as such being included in Zoning Code 1102 Subd. 55. 36 37 Ms. Howell presented a packet of information to each of the Councilmembers. She explained 38 that massage therapy was completed for personal health. She requested that she be afforded the 39 same right as other beauticians and day care providers within the City. 40 41 Mayor Flaherty questioned if massage therapists were licensed by the State. Ms. Howell noted 42 the State does not regulate massage therapists; this was handled by individual cities. 43 44 Mayor Flaherty suggested this item be discussed by the Council at a future work session meeting. 45 Mounds View City Council October 24, 2011 Regular Meeting Page 2 1 David Novak, member of Church Upon the Rock, indicated a portion of his church called the 2 North Star Room, offered events for youth in the City. This portion of the church would serve as 3 an outreach to the community. Mr. Novak explained on Saturday, October 29th at 6:00 p.m. at 4 7901 Red Oak Drive NE, the church would be hosting three different bands and invited all to 5 attend. He noted the North Star Room would be open each Saturday following from 2:00-10:00 6 p.m. for youth in the community. 7 8 Mayor Flaherty thanked Mr. Novak for the announcement and for providing a special event for 9 the youth of the community. 10 11 6. SPECIAL ORDER OF BUSINESS 12 A. Proclaim October 23-29, 2011 as Minnesota Manufacturers Week in Mounds 13 View 14 15 Mayor Flaherty read a proclamation declaring October 23-29, 2011 to be Minnesota 16 Manufacturers Week in the City of Mounds View. 17 18 7. COUNCIL BUSINESS 19 A. Continued Public Hearing, to Consider Resolution 7834, Adopting a Special 20 Assessment Levy for Unpaid Water Service Repairs. 21 22 Mayor Flaherty indicated the public hearing was continued from the last meeting and the Council 23 would take comments at this time. 24 25 Hearing no public input, Mayor Flaherty closed the public hearing at 7:16 p.m. 26 27 City Administrator Ericson explained the property at 2400 County Road H2, known as Robert’s 28 Sports Bar and Entertainment, had a waterline repair totaling $7,536.50. The expense was 29 passed along to the owner. The property owner wanted to defer action on the assessment hearing 30 in order to allow for a meeting with the City Attorney. 31 32 City Administrator Ericson indicated the issues presented at this meeting. He informed the 33 Council the property owner has stated he will appeal the assessment and take legal action against 34 the City, if necessary. This would involve additional legal fees and Staff time, which would 35 ultimately reduce the assessment amount collected. 36 37 City Administrator Ericson stated the property owner was willing to pay $5,500 toward the 38 assessment. In consultation with the City Attorney, this would be the best course of action for 39 the Council to take so staff’s recommendation was to accept the $5,500 as a settlement. 40 41 City Attorney Riggs noted the City received a letter on behalf of the property owner from 42 Attorney Alan Lanners. The letter contested the assessment and indicated the objection would be 43 dropped, if the settlement was accepted by the Council. 44 45 Mounds View City Council October 24, 2011 Regular Meeting Page 3 Council Member Gunn questioned if the Staff time and legal fees would surpass the $2,000 1 difference between the assessment and proposed settlement amount. City Attorney Riggs 2 anticipated the legal fees could go will exceed $2,000 if a half day trial and witnesses were 3 called. 4 5 Council Member Hull asked why the property owner was fighting the full assessment value. City 6 Administrator Ericson stated the property owner feels there were several contributing causes for 7 the leak. City Attorney Riggs indicated the original settlement was less and the amount increased 8 after discussing the matter in full with Staff. 9 10 Mayor Flaherty noted there was street reconstruction in the vicinity of this property less than a 11 year ago. He recommended the Council accept the $5,500 settlement to save the expense of 12 litigation. 13 14 Council Member Stigney felt the issue should be discussed in executive session if litigation has 15 been threatened against the City. City Attorney Riggs clarified that the City was taking action as 16 prescribed under Minnesota Statute 429 as would be done with any special assessment. He 17 indicated that any special assessment may have an objection and further action would need to be 18 taken by the Council. This was the case with the assessment against Robert’s. If the item were 19 to go to suit, the legal and filing fees along with Staff time would exceed the $2,000 difference. 20 He indicated a suit would not be brought to the City of the settlement is accepted. 21 22 Council Member Stigney asked if this issue was handled under the City Attorney’s retainer. City 23 Attorney Riggs indicated if the item were to go to court, the additional fees charged to the City 24 would not be covered under the retainer. 25 26 Council Member Hull questioned if a precedence would be set if the Council were to accept the 27 settlement. City Administrator Ericson did not feel the same set of circumstances would be seen 28 with future assessments. City Attorney Riggs agreed stating each special assessment had a 29 unique set of facts. 30 31 Council Member Stigney was not in favor of backing down from this issue. He felt the City 32 should pursue the full payment of the special assessment. 33 34 Council Member Gunn felt the City should settle on this issue as the legal fees could far surpass 35 the benefit of going to court. She did not see the benefit of a lawsuit. 36 37 Mayor Flaherty indicated this was a unique case. He felt an unbiased opinion provided from a 38 judge, along with the need to find expert witnesses on the City’s behalf, would hinder the case 39 from being successful. He suggested the Council settle at $5,500 and did not feel precedence 40 would be set for future special assessments. 41 42 MOTION/SECOND: Gunn/Flaherty. To Waive the Reading and Adopt Resolution 7834, 43 Accepting a Payment as Full and Final Settlement for Disputed Charges for Unpaid Water 44 Service Repairs. 45 Mounds View City Council October 24, 2011 Regular Meeting Page 4 1 Council Member Stigney felt the City was right in this matter and should have the case presented 2 to a judge. 3 4 Ayes – 3 Nays – 1 (Stigney) Motion carried. 5 6 B. Resolution 7843, Approving the Minor Subdivision of 7337 Spring Lake 7 Road. 8 9 Associate Planner Heller explained the Council was being asked to consider a minor subdivision 10 at 7337 Spring Lake Road. The original owners lived at this address since 1948. Both have 11 since passed and the children were preparing the home for sale. The home was situated on the 12 property in such a manner to allow for a subdivision of the parcel into two lots. The south lot 13 would be vacant and could have a new house built on the site. The size and setbacks of the lot 14 meet City Code. 15 16 Associate Planner Heller indicated park dedication fees were recommended for the square 17 footage of the new lot. Staff sent notices to adjacent property owners prior to the Planning 18 Commission and no comments were received. The Planning Commission unanimously 19 recommended approval of the minor subdivision. 20 21 Mayor Flaherty questioned if the Planning Commission recommended the 5% park dedication 22 fee. Associate Planner Heller stated the amount was included within the Staff report, but this 23 amount was not determined by the Planning Commission. 24 25 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7843, 26 Approving the Minor Subdivision of 7337 Spring Lake Road. 27 28 Ayes – 4 Nays – 0 Motion carried. 29 30 C. Resolution 7841, Authorizing the Abatement of Nuisance Code Violations at 31 2242 Bronson Drive. 32 33 City Administrator Ericson indicated this Resolution would seek authorization to conduct an 34 abatement at 2242 Bronson Drive. The neighboring property owner was present at the October 35 work session meeting to discuss the concerns at 2242 Bronson Drive. The City’s code 36 enforcement officer has been to the property on a number of occasions and the property owner 37 was working to correct the violations. 38 39 City Administrator Ericson handed out an updated progress report on the property. He 40 recommended the Council authorize the abatement to ensure that the remaining items are 41 handled. If approved, the City would abate the nuisance items no sooner than five calendar days 42 from today’s date. This would provide the property owner several additional days to correct the 43 violations before the City would take action. Those expenses would then be assessed to the 44 property owner. 45 Mounds View City Council October 24, 2011 Regular Meeting Page 5 1 Council Member Hull questioned if the property owner was made aware of the five day time 2 period. City Administrator Ericson indicated the property owner was sent this information. 3 4 Council Member Hull requested the address be corrected within the Resolution. 5 6 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7841, 7 Authorizing the Abatement of Nuisance Code Violations at 2242 Bronson Drive. 8 9 Ayes – 4 Nays – 0 Motion carried. 10 11 D. Resolution 7844, Approving an Amendment to the Billboard Lease on 12 Medtronic Property. 13 14 City Administrator Ericson stated that earlier this year the City was approached by Clear 15 Channel, requesting to convert one of the former golf course property billboards to an LED 16 display. City Code does provide for LED displays; however, there were several obstacles within 17 the code that has prevented such a conversion. The City has since amended the dynamic sign 18 display language. 19 20 City Administrator Ericson reviewed the billboard lease with the Council. He stated the 21 information regarding the dynamic display billboard was presented to Medtronic. Staff 22 recommended approval of the amendment to the billboard lease on Medtronic Property. 23 24 Council Member Stigney questioned what type of revenue would be generated by a digital 25 display billboard versus a traditional billboard. Tom McCarver, Clear Channel Outdoor, 26 indicated the revenue was significantly higher along with the expense to maintain and upkeep 27 these signs. 28 29 Council Member Stigney felt the dynamic display rents proposed to be paid to the City were too 30 low given the fact it was not a fair share of the overall revenues. For this reason, he would not 31 support the lease amendment. 32 33 Mayor Flaherty asked if any other lease agreements in neighboring communities were researched. 34 City Administrator Ericson indicated there were very few lease agreements with municipalities. 35 The only two he found were with the City of Blaine and the City of West St. Paul. 36 37 Mayor Flaherty did not view the lease as being the City’s attempt to receive a fair share of the 38 “pie,” but rather a fair and equitable rental rate. He indicated the Council could refuse, to see if 39 the rate would be increased. 40 41 Mr. McCarver commented that Clear Channel was moving into more and more cities. He noted 42 that a sense of fairness was being created as the lease information was public. 43 44 MOTION/SECOND: Flaherty/Gunn. To Waive the Reading and Adopt Resolution 7844, 45 Mounds View City Council October 24, 2011 Regular Meeting Page 6 Approving an Amendment to the Billboard Lease on Medtronic Property. 1 2 Council Member Stigney had several comments on the lease agreement and advised Staff to 3 make a number of corrections. He did not feel the share of profits was being divided properly 4 and for this reason would not support the motion. 5 6 Ayes – 3 Nays – 1 (Stigney) Motion carried. 7 8 Council Member Gunn recommended a portion of the revenues gained by this billboard be 9 earmarked for the City’s new canine unit. Finance Director Beer indicated this would not be 10 necessary as the Council has placed the item into the 2012 budget and funds would be allotted for 11 the canine unit. 12 13 Mayor Flaherty indicated the Council has discussed the canine unit at a work session and did not 14 feel a funding mechanism should be decided this evening. City Administrator Ericson suggested 15 this be discussed at a future meeting with a formal Resolution. He indicated the Police Chief was 16 prepared to bring a Resolution to the Council at their November 14th meeting. 17 18 E. Second Reading and Adoption of Ordinance 864, an Ordinance Amending 19 Chapter 1008 of the Mounds View Municipal Code regarding Dynamic 20 Display Signs. 21 22 City Administrator Ericson indicated the first reading of this Ordinance was completed on 23 September 26th. He explained the hold time for on-site dynamic signs within City Code was set 24 at ten seconds and it was recommended the hold time be reduced to four seconds. Another 25 discussion point for consideration was the brightness of dynamic display signs. He 26 recommended 500 nits at night and 7500 nits during the day. The night display was more of a 27 concern than during daytime hours. 28 29 City Administrator Ericson stated that dynamic display billboards would only be located along 30 the 35W corridor and would need to be 1,000 feet from any residential neighborhood. This 31 would ensure that no single family homes would be viewing the glow of a dynamic display 32 billboard. The differences between onsite and offsite display signs were discussed He indicated 33 the use of dynamic displays signs at churches, schools, or businesses within a residential district 34 would be required to have amber light. Staff recommended approval of the Ordinance revising 35 Chapter 1008 of the Mounds View Municipal Code regarding dynamic display signs. 36 37 Council Member Hull felt the use of a dynamic display sign at neighborhood businesses could be 38 disruptive to the adjacent neighborhood. City Administrator Ericson commented the dynamic 39 displays in neighborhoods could be addressed separately through a Zoning Code amendment. 40 41 Mr. McCarver stated the 1,000 foot requirement from a residential neighborhood could affect the 42 north face of the billboard on Program Avenue. He indicated the south side of the billboard 43 could be converted without affecting the residential district. 44 45 Mounds View City Council October 24, 2011 Regular Meeting Page 7 City Administrator Ericson explained the language could be modified to read that billboards 1 facing residential properties could not be converted to dynamic display signs. The Council was 2 in favor of this recommendation. 3 4 Finance Director Beer recommended the nits within the Ordinance be corrected before 5 publication. 6 7 MOTION/SECOND: Gunn/Hull. To Waive the Second Reading and Adopt Ordinance 864, an 8 Ordinance Amending Chapter 1008 of the Mounds View Municipal Code regarding Dynamic 9 Display Signs with corrections being made on Page 4, Number 2 and Page 2, Number 6A. 10 11 Council Member Stigney recommended the Ordinance read, “the sign shall not flash, blink or 12 move” to ensure that billboards were not moving. He expressed concern with the maximum nits 13 of 7,500 for daytime hours. Other cities had used 5,000 nits for daytime use and recommended 14 the Council make this within the Ordinance amendment. 15 16 FRIENDLY AMENDMENT: Stigney/Hull. To reduce the daytime nit value to 5,000 within 17 Ordinance 864. 18 19 Council Member Gunn questioned the difference between 5,000 and 7,500 nits for dynamic 20 display boards. 21 22 Council Member Stigney explained that other cities had a limit of 5,000 and did not feel the 23 7,500 was necessary. 24 25 City Administrator Ericson commented that several cities do have a 5,000 limit, while others 26 have no daytime limitation at all. 27 28 Council Member Hull asked what Clear Channel anticipated the daytime nits to be for the sign. 29 Mr. McCarver stated the sign would be running between 4,000-5,000 during the day but could 30 exceed that at times depending on the strength of the sunlight. He explained that it would benefit 31 Clear Channel to run at a lower nit level for power consumption reasons, which was the plan. 32 However, with the varying weather in Minnesota required the level to go upwards to 7,500 nits. 33 34 Council Member Stigney indicated that based on Mr. McCarver’s comments the 5,000 nits was 35 acceptable. Mr. McCarver stated that 5,000 may work on other regions of the country, but he 36 could not operate at that level every day of the year, given the varying weather in Minnesota. 37 38 Council Member Stigney disagreed with the 7,500 nit level within the Ordinance. 39 40 AMENDMENT VOTE: 41 42 Ayes – 1 Nays – 3 (Flaherty, Hull and Gunn) Motion failed. 43 44 Council Member Stigney expressed concern with the use of dynamic display signs in residential 45 Mounds View City Council October 24, 2011 Regular Meeting Page 8 neighborhoods. City Administrator Ericson clarified that these dynamic display signs could only 1 be amber in color. 2 3 Council Member Stigney recommended the display hold time within Item 5 should be eight 4 seconds. 5 6 FRIENDLY AMENDMENT: Stigney/Hull. A motion to change the display hold time within 7 Item 5 from four seconds to eight seconds. 8 9 City Administrator Ericson indicated the Council could be more restrictive to the hold time on 10 display signs in residential areas. 11 12 Mayor Flaherty stated that eight seconds was not quick enough for people to read display signs 13 where the four seconds did. This current language would provide increased safety throughout the 14 City. 15 16 Council Member Gunn agreed. 17 18 AMENDMENT VOTE: 19 20 Ayes – 1 Nays – 3 (Flaherty, Hull and Gunn) Motion failed. 21 22 Council Member Stigney stated he was opposed to light trespassing onto private property. This 23 was the standard across the country. He recommended the City address the size requirements for 24 dynamic display signs. He did not want to see 50 square foot dynamic display signs throughout 25 the City. City Administrator Ericson reviewed the current language with the Council. 26 27 Mayor Flaherty recommended that the language read the signs could be 30% of one dimension 28 and 70% of the other dimension. City Administrator Ericson indicated the dynamic portion of a 29 sign could be no more than 50% of a total sign size. 30 31 FRIENDLY AMENDMENT: Stigney. That no more than 25 square feet of sign area be allowed 32 to be used for dynamic display. 33 34 The motion failed for lack of second. 35 36 City Attorney Riggs reviewed the section of the City Code addressing trespassing light. He 37 stated this issue was addressed within the Code and would have to be enforced by the City. 38 39 ROLL CALL: Hull/Stigney/Gunn/Flaherty. 40 41 Ayes – 3 Nays – 1 (Stigney) Motion carried. 42 43 44 F. Resolution 7846, Authorizing the Issuance of a General Obligation 45 Mounds View City Council October 24, 2011 Regular Meeting Page 9 Equipment Certificate of Indebtedness, Series 2011 to the City of Blaine, 1 Minnesota. 2 3 Finance Director Beer stated the Council previously authorized the City to purchase three fire 4 trucks and a command vehicle for the joint fire department. The City of Blaine has volunteered 5 to be the conduit for this debt. A joint powers agreement has been drafted for these purchases 6 and a Certificate of Indebtedness was in need of authorization from the Council for the bonds to 7 be issued. Finance Director Beer explained that the City of Mounds View would be responsible 8 for 15.1% of the debt. Staff recommends approval of the Resolution. 9 10 MOTION/SECOND: Hull/Gunn. To Waive the Reading and Adopt Resolution 7846, 11 Authorizing the Issuance of a General Obligation Equipment Certificate of Indebtedness, Series 12 2011 to the City of Blaine, Minnesota. 13 14 Ayes – 4 Nays – 0 Motion carried. 15 16 G. Resolution 7845, Approving the Purchase of a Snow Plow from Crysteel 17 Truck Equipment. 18 19 Public Works Director DeBar indicated the City performs snow removal throughout the City on 20 both streets and trails. The current plow used for trail clearing was purchased in 2000 and was in 21 need of replacement. The City received a quote from the State Bid Cooperative Purchasing 22 Venture from Crysteel Truck Equipment in Fridley for a Boss 9’-2” VEE XT snow plow for an 23 amount of $4,615.66. Additional options would for the plow included assembly of the mold 24 board, snow deflectors, locking cylinders and installation. 25 26 Public Works Director DeBar explained the total cost for the front mounted plow unit with 27 options would be $5,616.35, plus sales tax. This expense was included in the 2012 budget under 28 the pavement management fund. He recommended the Council approve the purchase of the 29 snow plow from Crysteel Truck Equipment. 30 31 Mayor Flaherty questioned if there was any value left in the existing plow. Public Works 32 Director DeBar stated the City could try to sell the plow on the League of Minnesota Cities 33 website. However, the City would likely hang onto the plow as a backup. 34 35 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7845, 36 Approving the Purchase of a Snow Plow from Crysteel Truck Equipment. 37 38 Ayes – 4 Nays – 0 Motion carried. 39 40 H. Resolution 7848, Approving a Contract with Architect Mechanical, Inc. for 41 Heating Improvements at the Public Works Maintenance Facility. 42 43 Public Works Director DeBar stated the Public Works Building was built in two stages, 44 originally in 1952, with an addition in 1987 to meet space and operational needs for the City. 45 Mounds View City Council October 24, 2011 Regular Meeting Page 10 The heating system for the entire building includes several different systems throughout the 1 space. The main shop area was heated with a natural gas ceramic heater and these were taken out 2 of service in 2000 after being red tagged. After the 1987 addition, office areas were designed 3 with forced air heat. 4 5 Public Works Director DeBar indicated a waste oil heating system was added to the public works 6 facility in 1989. The by-products from this unit were unhealthy along with the soot forming on 7 the interior surfaces. For this reason, the unit has been decommissioned. Staff understood the 8 building may be rebuilt in 2016, however, this was not certain. He recommended the Council 9 proceed with a contract with Architect Mechanical to install a forced air heating unit and extend 10 a branch of radiant heat tubing within the public works maintenance facility for heating 11 improvements. 12 13 Public Works Director DeBar indicated the expense for the new unit and tube heating would be 14 $10,900 and these units could be transferable to a new existing building, or sold on the League of 15 Minnesota Cities website. He stated the Special Projects Fund had a balance of $40,000 from the 16 City Hall emergency generator, which would cover the expense for the heating improvements. 17 He recommended a 10% contingency be added to the expense to cover any additional 18 construction expenses. 19 20 Mayor Flaherty questioned the brands of heating units recommended by Architect Mechanical. 21 Public Works Director DeBar stated a Superior Radiant unit was recommended for the radiant 22 heat. The forced air unit was not described within the quote. 23 24 Finance Director Beer clarified the Special Revenue Fund number within the Resolution. 25 26 Council Member Gunn suggested the budgeted amount within the Resolution under Item 4, not 27 exceed $12,000. 28 29 MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Adopt Resolution 7848, 30 Approving a Contract with Architect Mechanical, Inc. for Heating Improvements at the Public 31 Works Maintenance Facility at an amount not to exceed $12,000. 32 33 Ayes – 4 Nays – 0 Motion carried. 34 35 8. CONSENT AGENDA 36 A. Resolution 7842, Approving State of Minnesota Joint Powers Agreements 37 with the City of Mounds View on Behalf of its Police Department and 38 Prosecuting Attorney. 39 B. Schedule a Public Hearing for Monday, November 14, 2011 at 7:05 p.m. to 40 Adopt the 2012 Fee Schedule. 41 C. Schedule a Public hearing for Monday, November 14, 2011, at 7:10 p.m. for a 42 First Reading on Ordinance 865, an Ordinance Regulating the Possession, 43 Sale and Consumption of Tobacco and Tobacco Related Devices and 44 Products within the City of Mounds View. 45 Mounds View City Council October 24, 2011 Regular Meeting Page 11 1 MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. 2 3 Ayes – 4 Nays – 0 Motion carried. 4 5 9. JUST AND CORRECT CLAIMS 6 7 Finance Director Beer answered the Council's questions related to claims. 8 9 MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. 10 11 Ayes – 4 Nays – 0 Motion carried. 12 13 10. APPROVAL OF MINUTES 14 A. September 26, 2011, City Council Meeting Minutes. 15 16 MOTION/SECOND: Gunn/Hull. To Approve the September 26, 2011, City Council meeting 17 minutes as presented. 18 19 Ayes – 4 Nays – 0 Motion carried. 20 21 11. REPORTS 22 A. Reports of Mayor and Council. 23 24 None. 25 26 B. Reports of Staff. 27 1. Finance Third Quarter 2011 Report 28 29 Finance Director Beer reviewed the Finance Third Quarter 2011 report for the quarter ending 30 September 30th with the Council. He reviewed the market value homestead credit information 31 available and noted the City received $116,000 for the first half of the year. Another payment 32 from the State was anticipated in December, along with other State aids and credits. 33 34 Finance Director Beer indicated most departments were under budget at this time. He stated the 35 Community Center had a deficit of $127,000, which was due in part to unforeseen HVAC 36 expenses and carpet cleaning. The banquet center revenues were up this year. He explained 37 water revenues were down for the City due to the large amounts of rain received this summer. 38 39 Finance Director Beer explained the Met Council expenses to the City have been reduced slightly 40 through I&I improvements. He noted the City would continue to work on this initiative. 41 Overall, the City’s investments were gaining little interest due to the historically low interest 42 rates available. He assured the Council the City’s investments were extremely secure. 43 44 Mounds View City Council October 24, 2011 Regular Meeting Page 12 Finance Director Beer stated building permits were up slightly over last year. This was a good 1 sign for the City, but additional time was still needed to bring the economy back to where they 2 were. The unemployment rate continued to hover either 7% for the State of 9% for the whole 3 country. 4 5 Finance Director Beer noted the Finance Department would be busy completing the 2012 budget 6 in the 4th Quarter and would be holding the Truth in Taxation hearing. Staff would also be 7 preparing the insurance policy for next year. 8 9 Finance Director Beer explained that after attending a training session he was informed the City 10 would need to approve a Fund Balance Policy. He noted he would be bringing this information 11 to the Council at a future meeting. 12 13 Mayor Flaherty thanked Staff for the detailed finance presentation. 14 15 City Administrator Ericson asked if the Council would like to review the full budget at the 16 November 7th work session meeting. Finance Director Beer stated the final review typically took 17 place in December, but the Council could take an additional meeting to discuss the information. 18 19 Mayor Flaherty did not feel it was necessary to review the information in November. He 20 encouraged the Council to speak with Staff with any concerns. The Council was in agreement. 21 22 City Administrator Ericson questioned if the Council was in agreement to hold an executive 23 session prior to the November 7th work session to discuss labor negotiation issues. The Council 24 was in agreement. 25 26 C. Reports of City Attorney. 27 28 City Attorney Riggs had nothing additional to report. 29 30 12. Next Council Work Session: Monday, November 7, 2011, at 7:00 p.m. 31 Next Council Meeting: Monday, November 14, 2011, at 7:00 p.m. 32 33 13. ADJOURNMENT 34 35 The meeting was adjourned at 9:33 p.m. 36 37 Transcribed by: 38 39 Heidi Guenther 40 TimeSaver Off Site Secretarial, Inc. 41 www.ci.mounds-view.mn.us 1 MOUNDS VIEW POLICE QUARTERLY REPORT July-September 2011 Investigator Hellpap instructing a student on the range during the gun safety class Police Department 2401 County Road 10· Mounds View, MN 55112-1499 Phone 763-717-4070· FAX: 763-717-4069 www.ci.mounds-view.mn.us 2 Statistical Report: Activity Jul thru Sep 2011 TOTAL Jul thru Sep 2010 TOTAL Year to Date TOTAL Adult Arrests 146 92 269 Juvenile Arrests 9 12 30 Calls For Service 1896 1728 4845 Court Citations 676 136 1188 Administrative Offenses 85 57 187 Jul thru Sep 2011 Investigative Reports Cases assigned for investigation TOTAL 126 TOTAL YEAR TO DATE 320 Assault 24 Misc-Other Offenses 22 Burglary 11 Disturbing Peace 15 Forgery 0 Obscenity 0 Narcotics 3 Property Damage/Trespass 2 Arson 1 Robbery 1 Crimes Against Family 2 Theft/Fraud 19 Traffic (DUI, Accidents, Other) 13 Vehicle Theft/Tampering 1 Criminal Sexual Conduct 8 Weapons 1 Misc. Liquor Offenses 0 Crimes Against Admin of Justice 1 Juvenile-Runaway 2 www.ci.mounds-view.mn.us 3 Jul thru Sep 2011 Crime Reports TOTAL 441 TOTAL YEAR TO DATE 1154 Assault 42 Misc-Other Offenses 14 Burglary 14 Disturbing Peace 55 Forgery 5 Obscenity 1 Narcotics 20 Property Damage/Trespass 35 Arson 2 Robbery 1 Crimes Against Family 4 Theft/Fraud 101 Traffic (DUI, Accidents, other) 98 Vehicle Theft/Tampering 9 Criminal Sexual Conduct 8 Weapons 3 Misc. Liquor Offenses 16 Crimes Against Admin of Justice 7 Juvenile-Runaway/Curfew 6 Jul thru Sep 2011 Misc. Incidents, Calls & Complaints TOTAL 1,557 TOTAL YEAR TO DATE 4022 Lost & Found (persons/property) 32 Suspicion Narcotics 18 Vehicles (towed, recovered, abandoned) 39 Public Disturbance/Loud Party 91 Accidents 55 Disorderly Juvenile 30 Animal Complaints/Impounds 92 MV/Traffic Complaints 87 Fires 28 MV/Noise Complaints 0 Medical/Suicide/Mental/DOA 194 City Ordinance Complaints 23 Domestic-Verbal 77 Warrants 30 Alarms 81 Assist other Agencies 99 Lockouts 56 Misc. Public Calls 386 Suspicious Misc 139 www.ci.mounds-view.mn.us 4 Top Five Crimes 101 98 55 43 35 Theft/Fraud Traffic Offenses Dist Peace Assault Prop Dam/Trespass Citations 214 136 676 0 200 400 600 800 2009 2010 2011 www.ci.mounds-view.mn.us 5 School Resource Officer (SRO): The months of June and July had the SRO return to regular patrol shift duties. When school began in September, the following incidents required reports: 1 ambulance assist, 1 domestic, and 1 mental health transport. In the first month of the school year, various duties and functions were performed to include but not limited to: training staff in crisis procedures, transporting students who either missed the bus to school or were suspended from school, assisting with the safe flow of traffic in front of the school, responding to complaints of student misconduct on the buses, counseling students about harassment, locating missing students, advising staff on procedures for reporting child abuse, aiding the school with practicing fire and severe weather drills, counseling parents on legal issues and child behavior problems at home, networking with other SROs, assisting other police departments with interviewing Edgewood students about incidents that happened in other jurisdictions, maintaining the school radios, and deescalating students who were in crisis. One particular incident involved receiving a tip on a suicidal student. The SRO was able to intervene and get the student to the hospital. Medical attention was provided to two different staff members on separate occasions that were having medical problems. One staff member was transported by ambulance to the hospital. Arrangements were made for the police Jul thru Sep Top Five Traffic Citations 30 38 85 203 33 0 50 100 150 200 250 DAR DAS No Proof Ins Speed Exp Reg www.ci.mounds-view.mn.us 6 department to donate some unclaimed bikes from the police bike garage to the school. The bikes will be used as an opportunity for at-risk students to repair with a couple of teachers who mentor them. The SRO, principal and deans will be working closely this year to identify students who are regularly absent or tardy to class. They will be working on becoming more proactive with truancy interventions for those students. The SRO attended the Edgewood Parent and Teacher Association Picnic where families new to the school were able to meet with all staff. Edgewood held their first school dance of the year which had the SRO on hand. SRO Knitter also served on several committees to include the Building Operations Committee and the Positive Behavior Interventions and Strategies Committee. In August, Edgewood Middle School volunteered its building to be used for an active shooter response training conducted by the Ramsey County Sheriff’s Department. Officers from Mounds View and surrounding agencies used the school to train officers using practical scenarios. Members of the Ramsey County Training Unit and SWAT teams taught officers how to respond quickly and tactically in the event of an active shooter incident. In September, SRO Knitter attended legal update training which allowed a review of court cases, focusing on suspect interviews and search and seizure. SRO Knitter also attended a day long violence dynamics seminar hosted by Mounds View PD. Effective techniques were taught on subduing attackers. Training Report: • Active Shooter Training • Emergency Vehicle Operations Course • Taser Instructor Re-Certification • Conflict Communications • Recorded Interviews • LIDAR training • Charging Considerations • Predatory Sex Offender Registration training • Legal Update • Force Resistance • Internal Affairs • National Incident Management System (NIMS) www.ci.mounds-view.mn.us 7 Officers training during an active shooter scenario at Edgewood Middle School Crime Prevention/DARE: Summer was another busy quarter for the Crime Prevention Unit. The preparation, planning and organization culminated to produce another successful National Night Out event. A total of 32 parties were registered throughout the city! Officer Keckeisen served as a camp councilor at Safety Camp, an event at Long Lake Regional Park in New Brighton. This event involves the collaboration of staff from Mounds View, New Brighton and Spring Lake Park working together to offer informative, educational and fun activities for children 9-11 years old all focusing on remaining safe. Monthly alarm reports were monitored to determine crime patterns and to assign fines for repeat false alarms. Quarterly Predatory Offender checks continued this quarter. Officers checked offenders to confirm that their registration information is current and correct, and to provide recent photos to the B.C.A. www.ci.mounds-view.mn.us 8 Officer Keckeisen attended the property manager’s coalition meeting this quarter to discuss reports of crimes that happened on their property and to develop proactive strategies to deter future criminal activity. Officers continue their regular presence at the cross walks of Edgewood, Sunnyside, and Pinewood schools before and after school. Officer Keckeisen met with the 5th grade teachers from Pinewood Elementary School to set the DARE curriculum for the 2011 / 2012 school year. To help reduce criminal activity, and address specific concerns of citizens, extra patrol and visual police presence was focused on several specific areas. Finally, Officer Keckeisen continues to publish and distribute the weekly crime summary and crime prevention tips, and maintain the Police Department webpage. Ramsey County Traffic Safety Initiative (RCTSI): The Ramsey County Traffic Safety Initiative (RCTSI) program continued with six separate scheduled saturation events. The RCTSI is a program that is managed under the Minnesota Office of Traffic Safety, formerly called the Safe & Sober Program, but has been designated the Toward Zero Death (TZD) Enforcement. July’s Seven Days of Speed resulted in: 56 total citations with 47 for speeding. Labor Day DWI Enforcement: 2 DWI’s and 2 Driving after Revocation (DAR) Violations 6 RCTSI saturation events resulted in our officers effecting 5 DWI arrests. The project is administered by Sgt Nelson, who coordinates the organization, scheduling and tracking of all the statistics and submits this data to Ramsey County. Sergeant Zender and Officer Neumann were the top producers for Mounds View in traffic arrests and citations during this past year for the RCTSI project! September 30, 2011 is the end of the fiscal year for these grants. We have been approved for next year’s grant which will begin October 1, 2011. The total grant award in Ramsey County is $567,337.39, with the City of Mounds View receiving $37,804.56. These funds will pay for overtime expenses for the officers working these special enforcement events and saturations. We look forward to another successful year in keeping the roads safe! www.ci.mounds-view.mn.us 9 Mounds View Officers attending a recent RCTSI awards and banquet event. News from the Department: The late summer months consisted of many scheduled events requiring the participation of the officers from the police department. In addition to Safety Camp and National Night Out mentioned previously, the “End of the Summer” event at Mounds View Square was held. An officer was on hand distributing public safety materials while each mall tenant set up booths with activities offered for kids. www.ci.mounds-view.mn.us 10 August 20th was Festival in the Park Day. Participation from the officers included the parade, a K9 demonstration and a rollover simulator. The Festival had high attendance and was another large success! During September, Mounds View officers offered a hunter gun safety class for youths. 16 students received certification for completion of the DNR Gun Safety course. This course included 13 classroom hours, concluding with 5 hours on the gun range. This instruction continues to be ever popular with the public. On September 17th, the Irondale Youth Hockey Association sponsored a 5K run for the third consecutive year. Officers assisted with the many volunteers to ensure a safe event for all the participants. Finally, a Canine Program has been proposed for the police department. This program would involve the acquisition of a dog through the St Paul Police Department and selecting an officer from within to attend a handler certification course next spring. The implementation of a police canine (K9) program would provide higher efficiency levels for searching, tracking and apprehending suspects. It would increase the safety for officers by utilizing the dog for higher risk situations. The training required for the dog and the handler is extensive and would also incorporate a narcotics detection component in addition to the standard tracking, searching and apprehension skills covered in the 12 week basic certification school. Most of all, this police canine would open a new connection between the police and the community through demonstrations to the public at schools, city events, meetings and other civic groups. The proposal is still under consideration, as funding sources remain a concern. Financial Report Attached on following page. www.ci.mounds-view.mn.us 11