HomeMy WebLinkAboutAgenda Packets - 2011/12/12
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, December 12, 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. 7:05 Public Hearing – 2012 Tax Levy and Budgets for All Funds
1. Resolution 7866 Adopting the 2012 Tax Levy
2. Resolution 7867 Adopting the 2012 Budgets for All Funds
B. 7:10 Public Hearing -- Review Possible Amendments to Resolution 7444, a
Resolution Approving a Conditional Use Permit for Outdoor Seasonal Sales at
Robert’s Sports Bar and Entertainment, Located at 2400 County Road H2
C. Resolution 7870, Approving a Charitable Gambling Permit for CLIMB Theater, Inc.,
to Conduct Charitable Gambling at The Mermaid
D. Resolution 7864 Authorizing the Abatement of Nuisance Code Violations at 8379
Red Oak Drive
E. Resolution 7865 Approving the Minor Subdivision of a Vacant Parcel adjacent to
2565 & 2573 Sherwood Road
F. Resolution 7869, Approving the Release of Development Agreement No. 03-126B
between the City of Mounds View and Moundsview Jake’s Inc.
G. Resolution 7871, Setting the 2012 City Council Meeting Dates, Staff Retreat and
the 2012 Town Hall Meeting
H. Resolution 7872, Approving Various Appointments to City Commissions and
Committees
I. Resolution 7873, Approving a Step Wage Increase for Sergeant Benjamin Zender
of the Mounds View Police Department
J. Resolution 7876, Accepting Work for the 2010 Street and Utility Improvement
Project - Area B/C and Authorizing Final Payment to Northwest Asphalt, Inc.
K. Resolution 7877, Approving a Non-Standard Street Design for Sunnyside Road in
Area E of the Street and Utility Improvement Program
L. Resolution 7878, Approving a Delegated Contracting Process Agency Agreement
with Minnesota Department of Transportation for Federal Aid Funding of
Transportation-Related Projects
City Council Agenda
Monday, December 12, 2011
Page 2
8. CONSENT AGENDA
A. Resolution 7874, Approving the Recording Secretary Service Agreement with
TimeSaver Off Site Secretarial, Inc.
B. Resolution 7868, Approving an Agreement with the Greater Metropolitan Housing
Corporation (GMHC) for Housing Resource Center (HRC) Services in 2012
C. Resolution 7863, Approving the 2012 SCORE Recycling Grant Request to Ramsey
County
D. Resolution 7875, Approving the Mounds View Government Channel 16 Policy
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. November 14, 2011, City Council Minutes
B. November 28, 2011, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Reminder – City Council Meeting on Tuesday, December 27th is canceled
C. Reports of City Attorney
12. Next Council Work Session: TUESDAY, January 3, 2012, at 7pm
Next Council Meeting: Monday, January 3, 2012, at 7pm
13. ADJOURNMENT
Item No: 7B
Meeting Date: Dec 12, 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: Review Conditional Use Permit issued to 2400 County Road
H2 (Robert’s Sports Bar & Entertainment) for Seasonal Outside
Sales (Public Hearing)
Introduction:
The City has been fielding complaints from residents regarding the outside sales operations
taking place at the property located at 2400 County Road H2. The complaints generally
regard the aesthetics of the site (projected image), degradation of the neighborhood, the
operations occurring in conflict with the conditions associated with the approval, and other
uses (such as auto sales) occurring inconsistent with the City Code. Kevin Halverson,
representing property owner Goff Holdings, was made aware of these complaints by letter
on August 26, 2011 (attached).
Background:
In 2009, Mr. Halverson requested City approval of an outdoor sales conditional use permit
(to conduct flea markets, auctions, farmer’s markets) and a variance to expand the total
sales area. The requests were approved (with stipulations) after public hearings with the
Planning Commission and City Council. A variance was requested because outdoor sales
areas are limited to no more than 30% of the gross floor area of the principal structure. The
Robert’s building is 11,295 square feet, thus per City Code, 3,389 square feet of area could
be designated for outside sales. Mr. Halverson requested an additional 11,811 square feet
of outside sales area on the property for a total of 15,200 square feet. The Planning
Commission approved the variance. The City Council approved the Conditional Use Permit
(CUP) for the outdoor sales on April 27, 2009 via Resolution 7444.
At some point subsequent to receiving approval for the outdoor sales, Mr. Halverson began
coordinating an “owner to owner” automobile sales operation at the facility. A letter was
sent to Mr. Halverson dated July 25, 2011 (attached) outlining the City Code requirements
for auto sales, such as the need for a separate Conditional Use Permit and a auto sales
business license. No application was received for an auto sales CUP.
Discussion:
Resolution 7444 (attached) approved by the City Council on April 27, 2009, included
specific stipulations and conditions regarding the outdoor sales, including: Sales may only
occur from April through September annually; only on Thursdays, Saturdays and Sundays;
and only during the hours of 7:30 am to 1:30 pm. (These months, days and hours were
provided by the applicant, Kevin Halverson.) A letter was sent to Mr. Halverson in August
indicating that sales were occurring outside the times permitted and that vehicles were
being stored over-night in violation of the associated conditions.
Robert’s Outdoor Sales CUP Discussion
December 12, 2011
Page 2
I have had multiple phone conversations and meetings with Mr. Halverson regarding these
issues. Mr. Halverson requests that the Resolution approving the CUP be amended to
expand the hours of operation to Monday through Sunday, 11 am to 6 pm, with produce
sales allowed on Saturdays and Sundays, also from 11 am to 6 pm. Mr. Halverson is not
concerned about any perceived parking deficiencies resulting from the multiple uses.
Regarding the auto sales issue, staff has not received an application for an auto sales
conditional use permit. (An application for an auto sales CUP was included in the letter
sent to Mr. Halverson on July 25, 2011.) While the Robert’s site is properly zoned and
while there may be adequate parking for auto sales, it is unlikely that the site could
reasonably accommodate BOTH a bar & restaurant and an auto sales lot without
substantial limitations on the number of vehicles permitted to be displayed for sale.
Recommendation:
Staff recommends opening the public hearing and reviewing the conditions and stipulations
associated with the Conditional Use Permit approved for outdoor sales on the Robert’s
property and whether the months/days/hours of operation should to be expanded as
requested by Mr. Halverson. Staff also recommends the City Council discuss the auto
sales activities on the Robert’s site and take a position on whether or not the activity should
be occurring.
Respectfully submitted,
________________________
James Ericson
City Administrator
RESOLUTION NO. 7444
CITY OF MOUNDS VIEW
RAMSEY COUNTY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN OUTSIDE
SALES OPERATION AT 2400 COUNTY ROAD H2; PLANNING CASE NO CU2009-001
WHEREAS, Kevin Halverson, representing Goff Holdings LLC (the property owner)
and Robert’s, has applied to the City for a conditional use permit to conduct seasonal outside
sales (flea market, farmers market and auctions) in the parking lot of Robert’s; and,
WHEREAS, the City has zoned the subject property, located at 2400 County Road
H2, B-3 (Highway Business), and it is legally described as follows:
In Section 8, Township 30, Range 23, the North 363 Feet of the West 330 Feet of
the NE ¼ of the SW ¼ (Subject to the Roads) (PIN 08-30-23-31-0005)
WHEREAS, the Mounds View Zoning Code conditionally allows open and outdoor
sales in B-3 and higher zoning districts; and,
WHEREAS, the applicant is proposing to operate the outside sales from about April 2
to September 30 each year; and,
WHEREAS, the City Council has reviewed the following documents about this
proposal:
a. Planning Application
b. Zoning Map
c. Existing Land Use Map
d. Future Land Use Map
e. 2007 Aerial Photo and parking plan dated April 1, 2009
f. Parking plan dated April 10, 2009
g. Staff Report
WHEREAS, the Mounds View Planning Commission heard the case about this
conditional use permit request on April 1, 2009 and on April 15, 2009 and recommended
approval of the CUP to the City Council as outlined in their Resolution 901-09 and
approved a variance (with Resolution 902-09) to allow more outside sales area than the
City usually allows; and,
WHEREAS, the Mounds View City Council held a public hearing about this
conditional use permit request on Monday, April 27, 2009.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes
the following findings of fact related to the conditional use permit request:
Resolution 7444 Page 2
1. The proposed outside and outdoor sales (flea market, farmers market and
auctions) meets the requirements as outlined in Chapters 1115 and 1125 of the
Zoning Code.
2. The request is consistent with the Mounds View Comprehensive Plan in that
the outdoor sales would be a type of land use that is consistent with the
“Community Commercial” and “Mixed Use” and land use designations for the
Robert’s site.
3. The seasonal outside and outdoor sales would not be out of place given the
existing character of the surrounding area.
4. The proposed outdoor sales should not depreciate the neighboring properties.
5. The applicant has sufficiently demonstrated that a need exists for this land use.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves
the conditional use permit for the seasonal outside sales (flea market, farmers market and
auctions), with conditions as follows:
1. The outside sales to operate from April 1 to September 30 of each year.
2. The hours of operation of the outside sales shall be between 7:30 am to 1:30 pm.
3. There shall be outside or outdoor sales only on Thursdays, Saturdays and Sundays
and there shall be a maximum of two outdoor auctions held on the site each month.
A licensed, bonded and insured auctioneer shall conduct all auctions.
4. The applicant or sales operator shall provide adequate security and traffic control to
ensure the safety of the vendors, buyers and all others on the site.
5. The outside sales area is limited to a maximum of 15,200 square feet of the parking
lot (a maximum of 80 parking spaces) as approved by Planning Commission
Resolution 902 – 09.
6. Signage for the outside sales and auctions shall only be part of the existing
Robert’s freestanding sign. Each vendor may have one sign at their booth or
display area that does not exceed 16 square feet.
7. The existing parking lot standards shall supply the lighting for the outside sales.
8. The owner or operator shall ensure that after every sale day the parking lot is
cleaned up and is completely cleared of everything from the sale(s). The City
does not allow anything to remain overnight on the site from the sales and no
overnight parking or outside storage related to the outside sales is allowed as
part of this approval.
Resolution 7444 Page 3
9. There shall be no mega phones, loudspeakers, public address systems or other
amplification systems allowed or used outside of the building.
10. All vendors, peddlers and transient merchants shall get all required County and
State licenses and permits. The City, however, waives the requirement for
individual vendors and merchants to get a City permit when selling their products
on this site. The vendors and merchants shall prominently display all such
licenses and permits.
11. There shall be no alcohol or tobacco sales outside the building.
12. By September 15, 2009, the property owner shall replace all dead and dying
arborvitae along the west side of the parking lot with new shrubs that are at least
four feet tall after planting.
13. By October 5, 2009, the property owner shall repair and restripe the parking lot.
14. The applicant shall provide the following on an annual basis to the Mounds View
Community Development Director:
a. Drawing of site plan including the parking spaces that the sales area will use.
b. Narrative description of the proposal.
15. The operator of the outside sales and auction events or the property owners shall
keep at least two entrances and exits to and from the parking lot open at all times
and shall ensure that all drive aisles during outside events are at least 24 feet
wide.
NOW THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission
and/or City Council may review and reconsider this Conditional Use Permit at any time if any
problems develop or if the City determines that the conditions associated with the outside
sales operation warrant such a review and reconsideration.
Adopted this 27th day of April 2009.
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, Clerk-Administrator
(SEAL)
Item No: 07C
Meeting Date: December 12, 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: Resolution 7870, Approving a Charitable Gambling Permit
for CLIMB Theatre Inc., to Conduct Charitable Gambling at
The Mermaid
Introduction:
CLIMB Theatre Inc. is requesting City Council approval to hold charitable gambling on a
permanent basis at The Mermaid.
Discussion:
CLIMB Theatre Inc. is a non-profit organization that performs plays in school gyms or in a
classroom. CLIMB Theatre Inc. produces original plays and classes for Kindergarten – 12th
grade on topics such as: Bulling Prevention, Responsibility, Harassment Prevention, Self-
Control, Cyberbullying Prevention, Respect, and Social Skills.
CLIMB Theatre Inc.., submitted all required application materials. However, the
organization is not in compliance with Chapter 518 of the City Code. According to Section
518.06, subd. 8g:
Subd. 8 The Council shall deny an application for issuance or renewal
of a premises permit for any of the following reasons:
g. The applicant’s registered place of business is not
within the Trade Area. This requirement may be
waived by the Council for good or just cause, at the
Council’s sole discretion, if it is in the interest of the
Community to do so.
CLIMB, Theatre Inc., is located in Woodbury, and not located in the City’s Trade Area
(City, Blaine, Shoreview, Arden Hills, New Brighton, Fridley, and Spring Lake Park). Laurie
Gluesing, the Gambling Manager at CLIMB Theatre, Inc., will be asking the City Council to
waive this requirement and allow CLIMB Theatre, Inc., to conduct charitable gambling at
The Mermaid.
Attached are supporting documents submitted by Ms. Gluesing and Chapter 518 of the City
Code for your reference.
Item 07C
December 12, 2012
Page 2
Recommendation:
The Mounds View City Council can either deny CLIMB Theatre Inc.’s request for a
Charitable Gambling Premise Permit in accordance with the City Code, or approve the
Charitable Gambling License by waiving the requirement under §518.06, subd. 8g. If the
City Council wishes to approve the license, then this license will be contingent on a
satisfactory background check. CLIMB Theatre, Inc. would like to start charitable gambling
at The Mermaid in early January.
Respectfully submitted,
_____________________________
Desaree Crane
RESOLUTION NO. 7870
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION GRANTING A CHARITABLE GAMBLING PREMISE PERMIT FOR
CLIMB THEATRE, INC., TO CONDUCT CHARITABLE GAMBLING AT
THE MERMAID
WHEREAS, the CLIMB Theatre, Inc., has requested that the City Council allow
them to conduct charitable gambling at The Mermaid; and
WHEREAS, the Gambling Control Board requires that the local unit of government
pass a resolution specifically approving or denying requests to conduct charitable
gambling; and
WHEREAS, the CLIMB Theatre, Inc. is not in compliance under §518.06, subd. 8g,
of the Mounds View Municipal Code because their business is not registered in the
Mounds View Trade Area; and
WHEREAS, in accordance with §518.06, subd. 8g, this requirement may be waived
by the City Council for good or just cause, at the Council’s sole discretion, if it is in the
interest of the Community to do so; and
WHEREAS, the Mounds View hereby waives the requirement and approves CLIMB
Theatre, Inc.’s, Chartable Gambling Premise permit, contingent on a satisfactory
background check.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
hereby authorize the CLIMB Theatre, Inc., to conduct charitable gambling at The Mermaid
contingent on a satisfactory background check.
Adopted this 12th day of December, 2011.
___________________________________
Joe Flaherty, Mayor
ATTEST:
___________________________________
James Ericson, City Administrator
(seal)
Item No: 7E
Meeting Date: December 12, 2011
Type of Business: Business
Administrator Review: ________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Resolution 7865, Approval of a Minor Subdivision of a
Vacant Lot Adjacent to 2565 Sherwood Road;
Planning Case MI2011-002
Introduction:
Bob & Mary Pearson have applied for a minor subdivision to subdivide a vacant lot they
own adjacent to their property at 2565 Sherwood Road. The lot is not for development
purposes, but has simply been additional backyard area for the Pearsons since they
purchased it in 2000. Their neighbor, Joe Holl, at 2573 Sherwood would now like to buy
the west half of this vacant lot, also for more backyard space.
The proposed subdivision will create two vacant lots. The applicants have submitted a
Certificate of Survey that shows the subdivision.
Discussion:
A minor subdivision is ordinarily a division of land less than two acres in area in which no more
than one additional lot is created.
The lot is zoned R-1, Single Family Residential and the Comprehensive Plan designates this
area for low density residential. The minimum lot width for interior residential parcels is 75
feet and the minimum lot area is 11,000 square feet, and corner lots must be a minimum of
100 feet wide and 12,500 square feet. Below is a table which shows the dimensions for the
parcels before and as a result of the proposed adjustment:
Before
Area Sq. Feet / Lot Dimension
After
Area Sq. feet / Lot Dimension
Pearson owned lot 29,904 square feet
299’ x 10’
11,365 square feet
113.65’ x 100’
Holl owned lot N/A 18,539 square feet
185.39’ x 100’
As this table shows, the proposed lots will meet or exceed all city standards.
At this point, neither lot is planned for development. The east lot that the Pearsons will
own is land-locked. The new lot that Mr. Holl will own does have Greenwood Drive right-
of-way on the west side, so could have street frontage at some point. A few years ago
when the housing market was good, some developers had been attempting to assemble
land in this area, and planned to construct Greenwood Drive for the development’s access
road. The new lot that Mr. Holl will own does meet the City’s size standards for a
“buildable lot” if Greenwood Drive were to be built.
Pearson Subdivision Staff Report
December 12, 2011
Page 2
The City Code does not allow accessory buildings on a lot without a primary structure
(house). The Pearsons currently have a shed on the vacant lot, and Mr. Holl indicated that
he was buying Parcel A specifically for additional back yard space and planned to build a
shed or garage (not knowing that the Code did not allow this). Staff feels that if each
property owner “tax” combines their two lots with Ramsey County, it would be acceptable
to allow accessory buildings on the vacant parcels. This is stated in the conditions of the
resolution with the stipulation that if the tax combined parcels become disconnected from
each other for any reason, that all accessory buildings would need to be removed or a
house built on the property within one year. This would make the Pearson’s shed be
conforming and allow Mr. Holl to build a garage if he chooses.
Park Dedication Requirements.
Subdivisions of land are subject to park dedication requirements consistent with Chapter 1204
of the City Code. When the subdivided parcels are not going to be developed, Staff typically
recommends that the park dedication fee not be required. Since there are no current plans for
development of the lots, staff is recommending that the park dedication fee not be required at
this time. However, the west lot is technically “buildable” because of the existing platted road
right-of-way frontage. Staff included a condition in the resolution stating that if a house is built
on either of these lots, a park dedication fee will be required at the time of construction.
Easements.
With most subdivisions, the City requires the owner to dedicate drainage and utility easements
around the perimeter of the lot. There are existing easements shown on the survey that will
remain in place. Staff is requiring that perimeter easements are added along the east and
south sides of Parcel A since the lot is buildable. These new easements are also shown on
the survey.
Planning Commission Action
On Wednesday, December 7, 2011, the Planning Commission voted unanimously to
recommend approval of the minor subdivision with the conditions stated in the resolution.
Summary.
The proposed subdivision will simply split the vacant property and create one new parcel. All
minimum city requirements are met with this request. The new property line was placed so
that the Pearson’s shed has the required minimum 5 foot setback.
Recommendation:
Because the proposed subdivision satisfies all city code requirements, Staff is recommending
approval of Resolution 7865, a resolution approving the minor subdivision of a vacant lot
owned by Bob & Mary Pearson, adjacent to 2565 Sherwood Road.
Attachments:
1. Zoning Map
2. Aerial Map
3. Resolution 7865
4. Certificate of Survey
Respectfully Submitted By,
Heidi Heller
Planning Associate
Zoning Map
Properties not indicated with a designation are zoned R-1, Single Family Residential
Areas shown with red dots are City roadway easements
N
NAerial Map
New
property
line
2573 - Holl
2565 - Pearson
Greenwood
Drive right-
of-way
easement
area
N
RESOLUTION NO. 7865
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A MINOR SUBDIVISION OF THE VACANT LOT OWNED
BY ROBERT AND MARY PEARSON, ADJACENT TO 2565 SHERWOOD ROAD;
PLANNING CASE NO. MI2011-002
WHEREAS, Robert and Mary Pearson have requested approval of a minor
subdivision of a vacant lot they own adjacent to their property at 2565 Sherwood Road, a
property zoned R-1, Single Family Residential, and legally-described as:
The Westerly 299.00 feet of the Easterly 528.66 feet of the North 100.00 feet of the
South 262.00 feet of the Northeast Quarter of Section 6, Township 30 North, Range 23
West, Ramsey County, Minnesota
PIN 06-30-23-14-0071
WHEREAS, the Applicants propose to subdivide this vacant lot into two lots; Robert
and Mary Pearson will remain the owners of Parcel B, and intend to sell Parcel A; and,
WHEREAS, the Planning Commission and City Council have reviewed the
Applicants request for a minor subdivision and has determined that it is in conformance with
Chapters 1104, 1201, and 1202 of the Municipal Code; and
WHEREAS, the Planning Commission and City Council find that the Applicants
request for a minor subdivision is in conformance with the Comprehensive Plan; and,
WHEREAS, since both parcels are planned to remain vacant open space and no
additional homes built as part of this subdivision, a park dedication fee is not required with
this subdivision application; and,
WHEREAS, if in the future, a new house is constructed on either of these vacant
parcels, a park dedication fee, based on five percent of the Ramsey County assessed
market land value (of the year current at the time of building permit application), will be
required before a building permit is issued.
NOW, THEREFORE, BE IT RESOLVED that the Applicants shall have 6 months
from final approval to file proper documentation with Ramsey County, including new deeds,
and furnish proof of such recording to the City. If such action is not accomplished by the
date so indicated, this minor subdivision approval shall be considered null and void.
Resolution 7865
Page 2
NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City
Council approves a minor subdivision of the vacant lot owned by Robert & Mary Pearson,
adjacent to their property at 2565 Sherwood Road, subject to the following conditions:
1. Joseph Holl, buyer of Parcel A, shall officially combine Parcel A with his property
at 2573 Sherwood Road for property tax purposes.
2. Parcel A, as a vacant lot, shall be allowed to have accessory buildings as long as
Parcel A is tax combined with 2573 Sherwood Road. If these properties become
disconnected from each other for any reason, all accessory buildings located on
Parcel A must either be removed, or a house constructed within one year from
the date of disconnection.
3. Robert and Mary Pearson, owners of 2565 Sherwood Road and Parcel B, shall
officially combine these two parcels together for property tax purposes.
4. Parcel B, as a vacant lot, shall be allowed to have accessory buildings as long as
Parcel B is tax combined with 2565 Sherwood Road. If these properties become
disconnected from each other for any reason, all accessory buildings located on
Parcel A must either be removed, or a house constructed within one year from
the date of disconnection.
5. If new home construction should occur on either of these vacant parcels, the City
will require that a park dedication fee be paid to the City before a building permit
will be issued.
6. The Applicants shall arrange to amend the Certificate of Survey if changes are
required by Ramsey County.
7. The Applicants are responsible for reimbursing the City of all fees associated
with this subdivision request.
Adopted this 12th day of December, 2011.
____________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
James Ericson, City Administrator
(SEAL)
Item No: 7F
Meeting Date: December 12, 2011
Type of Business: Business
Administrator Review: _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Resolution 7869, Approving the Release of
Development Agreement No. 03-126B between the
City of Mounds View and Moundsview Jake’s, Inc.
Introduction:
In August 2002, the City approved a development review of a parking lot expansion for
Jake’s Sport’s Café (now Moe’s Restaurant) at 2400 Highway 10. When the movie theater
property was being developed, the Jacob brothers, who owned the restaurant at the time,
purchased one of the theater plat outlots that was adjacent to their parcel in order to add
21,000 square feet of additional parking. The City required a development agreement with
the expansion approval, which was signed in December 2002, and recorded with Ramsey
County.
Discussion:
The property at 2400 Highway 10 is now in the process of being purchased, and the
buyer’s title company and attorney have asked the City to officially release the
development agreement as it is somewhat of a “lien” on the property. Staff and the City
Attorney have reviewed the proposal and feel that there is no reason that the City cannot
comply with this request. There do not appear to be any outstanding issues, and the
parking lot has been completed for several years with no problems.
Recommendation:
Staff is recommending approval of Resolution 7869, a resolution approving the release of
Development Agreement No. 03-126B between the City of Mounds View and Moundsview
Jake’s Incorporated.
Respectfully Submitted By,
Heidi Heller
Planning Associate
Attachments:
1. Aerial view of restaurant and parking lot parcels
2. Release document for Mayor and City Administrator signature
3. Resolution 7869
Aerial View of (now) Moe’s Restaurant and
the adjoining parking lot parcel
Moe’s
Moe’s parking lot
Movie theater
parking lot
Vacant office bldg
(Reserved for Recording Information)
RELEASE OF DEVELOPMENT AGREEMENT
Date: December _____, 2011
FOR VALUABLE CONSIDERATION, the following real property in Ramsey County,
Minnesota, legally described on Exhibit A attached hereto is hereby released from the lien of that
certain Development Agreement by and between Moundsview Jake’s, Incorporated, a Minnesota
corporation, and City of Mounds View, a Minnesota municipal corporation, dated December 30,
2002, and recorded in the Office of the Ramsey County Recorder on January 20, 2004, as Document
No. 3720617.
CITY OF MOUNDS VIEW
________________________________
Joe Flaherty, Mayor
________________________________
James Ericson, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this _____day of December,
2011, by Joe Flaherty and James Ericson, the Mayor and City Administrator, respectively, of the
City of Mounds View, a Minnesota municipal corporation, on behalf of the corporation.
______________________________
Notary Public
THIS INSTRU MENT WAS DRAFTED BY:
Lindquist & Vennum, P.L.L.P. (DAM)
4200 IDS Center
80 S. Eighth Street
Minneapolis, MN 55402-2205
EXHIBIT A
Legal Description
Parcel 1
That part of the Southeast Quarter of the Northwest Quarter (SE ¼ of the NW ¼) Section 8,
Township 30, Range 23, lying Southwesterly of Trunk Highway #10, Ramsey County, Minnesota.
Together with a non-exclusive access easement over the adjoining property to the west for purposes
of vehicular and pedestrian ingress and egress to the northerly driveway as noted and set forth in an
Access Easement Agreement dated September 3, 1998 and filed April 12, 1999, as Document No.
3135379, providing access to Trunk Highway #10, Ramsey County, Minnesota.
2400 Highway 10 Northeast, Mounds View, MN 55112
Property Identification Number: 08.30.23.24.0059
Parcel 2
Lot 2, Block 1, Anthony Properties, Ramsey County, Minnesota.
24XX Highway 10 Northeast, Mounds View, MN 55112
Property Identification Number: 08.30.23.23.0005
RESOLUTION NO. 7869
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE RELEASE OF
DEVELOPMENT AGREEMENT NO. 03-126B BETWEEN THE
CITY OF MOUNDS VIEW AND MOUNDSVIEW JAKE’S, INCORPORATED
WHEREAS, the City Council approved Resolution 5825 on August 26, 2002,
approving a Development Review for Jake’s Sport’s Café to expand their operations at
2400 County Highway 10; and,
WHEREAS, Resolution 5825 stipulates that Rob Jacob and Tony Jacob (owners
and operators of the Jake’s Sport’s Café, the “Developer”) enter into a Development
Agreement with the City to ensure the orderly development of the Property; and,
WHEREAS, the City Council approved Resolution 5851 on September 23, 2002,
approving a Development Agreement with Moundsview Jake’s, Incorporated; and,
WHEREAS, the Development Agreement was signed by the City and the Developer
on December 30, 2002 and recorded with the County of Ramsey Recorder on January 20,
2004 as document No. 3720617; and,
WHEREAS, the parking lot construction and requirements of Development
Agreement No. 03-126B have been completed to the City’s satisfaction; and,
WHEREAS, the property is being sold and the buyer has requested that the City
approve the official release of Development Agreement No. 03-126B.
NOW THEREFORE BE IT RESOLVED that the Mounds View City Council approves
the release of Development Agreement No. 03-126B between the City of Mounds View and
Moundsview Jake’s, Incorporated.
Adopted this 12th day of December, 2011
_________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(SEAL)
Item No: 07G
Meeting Date: December 12, 2012
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7871, Setting the 2012 City Council Meeting Dates,
2012 Council/Staff Retreat, and the 2012 Town Hall Meeting
Discussion:
Based on the Council’s schedule of conducting meetings, Work Sessions are normally
scheduled for the first Monday of each month and Council meetings on the second and fourth
Mondays of each month. Attached is a proposed list of Work Session and City Council
Meeting dates for 2012 (Exhibit A).
The following legal holidays fall on dates that would otherwise be considered Council
Meetings: New Years Day (Observed – January 2, 2012), Memorial Day (May 28, 2012),
Labor Day (September 3, 2012), Veterans Day (Observed – November 12, 2012), Christmas
Eve/Christmas Day (Observed Monday, Dec 24 and Tuesday, December 25, 2012). For
these dates, the schedule reflects a Tuesday. The only exception is Christmas Eve and
Christmas Day. Since City offices are closed on Monday, December 24, 2012, and Tuesday,
December 25, 2012, the schedule will reflect Wednesday, December 26, 2012.
In addition to setting the official calendar, Staff would like to discuss dates for the
Council/Staff Retreat and the Town Hall Meeting. Normally the Council/Staff Retreat is
scheduled in February. Below are some possible dates in February:
February 2012
Wednesday, February 12, 2012
Thursday, February 16, 2012
Monday, February 20, 2012
Wednesday, February 22, 2012
In regard to the Town Hall Meeting, Staff recommends scheduling the meeting on Monday,
April 16, 2012. Scheduling the Town Meeting on April 16th, will allow enough time for Staff to
prepare a presentation from the decisions made during the Council/Staff retreat.
Item 07G
December 12, 2012 City Council Meeting
Page 2
Recommendation:
Reschedule the meetings that fall on the identified holidays and adopt Resolution 7871.
Please also advise Staff on which dates would work best for the Council/Staff Retreat.
Staff will add the Council/Staff Retreat date to Exhibit A of Resolution 7871 after this
meeting.
Respectfully Submitted,
_____________________________
Desaree Crane
RESOLUTION NO. 7871
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION SETTING THE 2012 CITY COUNCIL MEETING DATES, 2012 COUNCIL/STAFF
RETREAT, AND THE 2012 TOWN HALL MEETING
WHEREAS, the City’s Charter states that the City Council shall meet regularly at least twice
monthly as they may designate by ordinance; and
WHEREAS, Chapter 105 of the Mounds View City Code states that regular meetings of the City
Council shall be held on the second and fourth Monday of every month at 7:00 p.m.; and
WHEREAS, the City Council has traditionally scheduled Work Sessions on the first Monday of the
month; and
WHEREAS, the City’s Code further states that if that Monday is a legal holiday, then the meeting
shall be canceled or held on another date and time; and
WHEREAS, in accordance with the City Code, these meetings dates have been
rescheduled as shown in Exhibit A; and
WHEREAS, the Mounds View City Council has scheduled the 2012 Council/Staff Retreat
and the 2012 Town Hall Meeting as shown in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby
establish the Official City of Mounds View City Council Meeting Calendar for the year 2012 as shown in
Exhibit A and that unless otherwise posted, all City Council meetings are to begin at 7:00 pm.
Adopted this 12th day of December, 2012.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(seal)
EXHIBIT A
WORK SESSIONS COUNCIL MEETINGS
January 3, 2012 (Tuesday) January 9, 2012
January 23, 2012
February 6, 2012 February 13, 2012
February 27, 2012
March 5, 2012 March 12, 2012
March 26, 2012
April 2, 2012 April 9, 2012
April 16, 2012 (Town Hall Meeting 6pm)
April 23, 2012
May 7, 2012 May 14, 2012
May 29, 2012 (Tuesday)
June 4, 2012 June 11, 2012
June 25, 2012
July 2, 2012 July 9, 2012
July 23, 2012
August 6, 2012 August 13, 2012
August 27, 2012
September 4, 2012 (Tuesday) September 10, 2012
September 24, 2012
October 1, 2012 October 8, 2012
October 22, 2012
November 5, 2012 November 13, 2012 (Tuesday)
November 26, 2012
December 3, 2012 December 10, 2012
December 26, 2012 (Wednesday)
Item No: 07H
Meeting Date: December 12, 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: Resolution 7872, Approving Various Appointments to the
City’s Boards, Commissions, and Committees
Background:
The Park, Recreation and Forestry Commission, Planning Commission, Police Civil Service
and the Streets and Utilities Committee have term seats, which will expire on December
31, 2011.
Park and Recreation and Forestry Commission
Gerald Arel
Dale Aukee
Dave Long
Planning Commission
Gary Stevenson
Jean Miller
Gary Meehlhause
Police Civil Service Commission
Virgil Beyer
Dale Federer
Streets and Utilities Committee
Tony Hoffman
Item 07H
December 12, 2011
Page 2
Discussion:
Park, Recreation and Forestry Commission: Staff received two (2) reappointment
applications and no new volunteer
applications. The Park, Recreation and
Forestry Commission recommend
reappointing Gerald Arel and Dale Aukee.
Dave Long has decided not to renew his
appointment. However, Mr. Long is
willing to stay on as a commissioner until
Staff is able to find another volunteer.
Planning Commission: Staff received three (3) reappointment applications and no new
volunteer applications. The Planning Commission
recommends reappointing Gary Stevenson, Jean Miller and
Gary Meehlhause.
Police Civil Service: Staff received one (1) reappointment application and one (1)
new volunteer application. Dale Federer did not want to
reapply. However, Staff did receive a new volunteer
application from Tim Ramacher (retired Mounds View Police
Chief).
Streets and Utilities Committee: Staff received no applications to the Streets and Utilities
Committee. Tony Hoffman does not wish to reapply nor
stay on as a committee member.
Recommendation:
Attached are all the submitted applications to these Commissions/Committees. It is
recommended that the City Council consider these applications, and approve
appointments to their respective commission and committees. Attached is Resolution
7872 for your consideration. .
Respectfully submitted,
_____________________
Desaree Crane
RESOLUTION NO. 7872
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
REAPPOINTING MEMBER TO VARIOUS MOUNDS VIEW
COMMISSIONS AND COMMITTEES
WHEREAS, Mounds View Board, Commission and Committees consist of
members appointed by the City Council; and
WHEREAS, there will be vacant seats effective December 31, 2011, in the Park
and Recreation and Forestry Commission, Planning Commission, Police Civil Service,
and the Streets and Utilities Committee; and
WHEREAS, Staff only received two applications for the Park, Recreation and
Forestry Commission, and therefore, this commission will have one (1) vacant seat; and
WHEREAS, Staff did not receive any applications to the Streets and Utilities
Committee, and therefore, this committee will have one (1) vacant seat.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Mounds View,
Ramsey County, Minnesota, as follows:
1. The City Council does hereby approve the following Mounds View
residents to serve on the Park and Recreation and Forestry Commission:
Name Term Expiration (3-Year Term)
Gerald Arel December 31, 2014
Dale Aukee December 31, 2014
2. The City Council does hereby approve the following Mounds View
residents to serve on the Planning Commission:
Name Term Expiration (3-Year Term)
Gary Stevenson December 31, 2014
Jean Miller December 31, 2014
Gary Meehlhause December 31, 2014
3. The City Council does hereby approve the following Mounds View
residents to serve on the Police Civil Service Commission:
Name Term Expiration (3-Year Term)
Virgil Beyer December 31, 2014
Timothy Ramacher December 31, 2014
Resolution 7872
Page 2
Adopted this 12th day of December, 2011.
_____________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________
James Ericson, City Administrator
(seal)
Item No: 07I
Meeting Date: December 12, 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: Resolution 7873, Authorizing Step Wage Adjustment for
Sergeant Benjamin Zender, Mounds View Police Department
Background:
Sergeant Zender is a current employee with the City of Mounds View. His supervisor, Deputy
Chief Steven Menard, has reviewed his performance as it relates to his responsibilities outlined
in the job description.
Discussion:
It was determined that Sergeant Zender has satisfactorily performed in the capacity of his
position, and therefore, a step wage adjustment is consistent with the LELS Labor Agreement.
Recommendation:
Staff recommends approving Resolution 7873, approving a Step Wage Adjustment for
Sergeant Benjamin Zender, consistent with the LELS Labor Agreement.
Respectfully Submitted,
________________________
Desaree Crane
RESOLUTION 7873
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A STEP WAGE ADJUSTMENT
WHEREAS, the following below is a regular full-time employee who is currently working
for the City of Mounds View; and
WHEREAS, his supervisor has reviewed his performance as it relates to the
responsibilities outlined in the job description; and
WHEREAS, his supervisor determined that the following employee below has
satisfactorily performed in the capacity of his position documented in his performance review on
file; and
WHEREAS, this wage adjustment is consistent with the LELS Labor Agreement.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby
approve a step wage adjustment to the following indicated in the chart below.
NAME CURRENT
POSITION
DATE OF
EMPLOYMENT/CURRENT
POSITION
CURRENT STEP &
WAGE
STEP & WAGE
ADJUSTMENT
EFFECTIVE
DATE OF
ADJUSTMENT
Benjamin
Zender
Police Sergeant December 14, 2010 Step 3: $34.05 Step 4: $35.94 December 14,
2011
Adopted this 12th day of December, 2011.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(seal)
Item No: 7J
Meeting Date: December 12, 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 7876, Accepting Work for the 2010 Street and Utility
Improvement Project - Area B/C and Authorizing Final Payment to
Northwest Asphalt, Inc.
Background/Discussion:
Northwest Asphalt, Inc. submitted the lowest responsible bid and was awarded construction for the
2010 Street and Utility Improvement Project in Area B and C. Northwest Asphalt performed
construction for the project during summer 2010 and was substantially complete on November 9,
2010, nearly 8 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. Northwest Asphalt completed those items and has met
all requirements of the contract documents in a satisfactory manner. The City has been
withholding 2% of the value of all completed work that Northwest Asphalt has performed, pending
completion of the punch list and other close-out requirements. The following is a summary of the
final construction costs:
Original Contract Amount: $2,961,311.55
Change Orders (0): + $ 0.00
Revised Contract Amount: $2,961,311.55
Actual Construction Cost: $2,754,256.04 $207,055.51 below revised contract amount
The remaining payment amount owed to Northwest Asphalt is for $101,715.63.
Recommendation:
Stantec and Public Works recommend that the City Council consider approving the attached
resolution to accept the construction work and release final payment for the Area B and C street
and utility improvements. Northwest Asphalt is expected to submit all IC-134 forms (as required
for project close-out) prior to Council consideration of the resolution. The final pay application is
processed under “Payment of Claims” for the December 12, 2011 meeting.
Respectfully submitted,
Nick DeBar - Public Works Director
Attachments:
• Resolution 7876
• Final Pay Application Summary Page
• Acceptance letter from Stantec
RESOLUTION 7876
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ACCEPTING WORK FOR THE 2010 STREET AND UTILITY IMPROVEMENT PROJECT -
AREA B/C AND AUTHORIZING FINAL PAYMENT TO NORTHWEST ASPHALT, INC.
WHEREAS, on October 13, 2003 the City Council adopted Resolution 6110
authorizing the preparation of a Preliminary Feasibility Report and consultant selection for
the 2003 Street Improvement Project – Phase II, which later became known as the 2005
Street Improvement Project; and
WHEREAS, on March 14, 2005 the City Council held a Public Hearing on the
Feasibility Report for the 2005 Street Improvement Project; and
WHEREAS, on May 9, 2005 the City Council adopted Resolution 6520 approving
the sufficiency of petition in opposition to the 2005 Street Improvement Project, suspending
the project; and
WHEREAS, on October 22, 2007 the City Council adopted Resolution 7176
establishing the Street and Utility Improvement Program, which includes nine Street and
Utility Improvement Projects identified as Areas A through I; and
WHEREAS, Area B of the Street and Utility Improvement Program is the area
formerly identified as the 2005 Street Improvement Project; and
WHEREAS, Area B of the Street and Utility Improvement Program is scheduled for
construction in 2010; and
WHEREAS, on September 22, 2008 the City Council adopted Resolution 7339
Authorizing Preliminary Survey Activities for Area C of the Street and Utility Improvement
Program; and
WHEREAS, on March 9, 2009 the City Council adopted Resolution 7420 authorizing
the preparation of a Preliminary Feasibility Report for Area C of the Street and Utility
Improvement Program and selecting Bonestroo as the engineering consultant for the
project; and
WHEREAS, on July 13, 2009 the City Council adopted Resolution 7477 approving
the Preliminary Feasibility Report for Area C of the Street and Utility Improvement Program;
and
WHEREAS, on July 13, 2009 the City Council adopted Resolution 7478 authorizing
preparation of plans and specification for a combined Area B and C of the Street and Utility
Improvement Program; and
WHEREAS, on July 13, 2009 the City Council adopted Resolution 7479 approving
non-standard street design recommendations for Area B and C of the Street and Utility
Improvement Program; and
WHEREAS, on September 14, 2009 the City Council adopted Resolution 7500
approving the design configuration of Springview Lane in Area B of the Street and Utility
Improvement Program; and
WHEREAS, on September 28, 2009 the City Council adopted Resolution 7501
approving the non-standard street design configuration of Edgewood Drive in Area C of the
Street and Utility Improvement Program; and
WHEREAS, on October 26, 2009 the City Council adopted Resolution 7519
approving enhanced design options for Edgewood Drive in Area C of the Street and Utility
Improvement Program; and
WHEREAS, on February 8, 2010 the City Council adopted Resolution 7575
approving the plans and specifications, setting the bid date, and authorizing the
advertisement for bids for the 2010 Street and Utility Improvement Project – Area B/C; and
WHEREAS, on March 11, 2010 at 2:00 pm, thirteen sealed bids were received
ranging from $2,961,311.05 to $3,797,843.50 for construction of the 2010 Street and Utility
Improvement Project – Area B/C with the lowest responsible base bid submitted by
Northwest Asphalt, Inc. of Shakopee, Minnesota; and
WHEREAS, on March 22, 2010 the City Council adopted Resolution 7595 awarding
a construction contract to Northwest Asphalt, Inc. for $2,961,311.05; and
WHEREAS, Northwest Asphalt, Inc. has successfully completed all project
construction and met all other contract requirements for the 2010 Street and Utility
Improvement Project – Area B/C for a final construction cost of $2,754,256.04; and
WHEREAS, City staff and its engineering consultant, Stantec, recommend accepting
the completed construction work and issuing final payment for $101,715.63 to Northwest
Asphalt, Inc.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
1. All work completed under the contract between the City and Northwest Asphalt, Inc. for
construction of the 2010 Street and Utility Improvement Project – Area B/C is hereby
accepted and approved.
2. The Finance Director is authorized to issue final payment for $101,715.63 to Northwest
Asphalt, Inc. for completing construction of the project.
Adopted this 12th day of December, 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
December 8, 2011
File: 435-09137-0
Mr. Nick DeBar
City of Mounds View
2401 Highway 10
Mounds View, MN 55112-1429
Re: Notice of Acceptance of Work
2010 Street and Utility Improvement Project - Area B/C
City Project No: 2008-011
City Finance Dept. No: 410-4650-7050-312
Dear Mr. DeBar,
Northwest Asphalt, Inc. has satisfactorily completed the work in accordance with the contract documents for
the 2010 Street and Utility Improvement Project - Area B/C. 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 November 9, 2010. Therefore, the two-year warranty period,
from the date of substantial completion, provided for in the contract documents will expire on November 9,
2012.
Sincerely,
STANTEC CONSULTING SERVICES INC.
Michael Warner, PE
Project Manager
Tel: 651-604-4929
Item No: 7K
Meeting Date: December 12, 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 7877, Approving a Non-Standard Street Design for
Sunnyside Road in Area E of the Street and Utility Improvement
Program
Background/Discussion
The Street and Utilities Task Force developed street standards for use in the Street and Utility
Improvement Program. The Streets and Utilities Committee reviews and provides
recommendations to the City Council for non-standard street and financing issues encountered
during implementation of the Program. All streets in the Program between 26 and 32 feet wide will
be reconstructed to the “standard” street width of 28-feet wide (measured from the face to face of
vertical curbing). Non-standard streets are those outside of this range and streets designated on
the Municipal State Aid System (MSAS) that receive state aid funds for maintenance and
construction.
Sunnyside Road (between County Road H and H2) is the only non-standard street in Area E due
to its MSAS status. Public Works is recommending that Sunnyside Road be reconstructed to a
32-foot wide street in accordance with state aid standards. These standards essentially require
that each direction of travel have unimpeded flow, requiring designated parking if allowed. The
32-foot street width allows parking on one side of the street. Public Works recommends the west
side. The Streets and Utilities Committee discussed the Public Works recommendation at their
September 19 and November 21 meetings of this year. A copy of the staff report is attached.
Property owners on Sunnyside Road were invited to both Committee meetings. A “petition” was
submitted to the Public Works Director at the November meeting requesting that Sunnyside Road
be removed from the MSAS, with the intent of not having traffic markings installed and allowing
parking on both sides of the street. The Committee agreed with the Public Works
recommendation and voted unanimously for a 32-foot wide street width with parking on the west
side.
The Council discussed the MSAS status of Sunnyside Road at their December 5, 2011 work
session. The Council agreed with City staff that Sunnyside Road stay on the MSAS.
Recommendation:
City staff and the Streets and Utilities Committee recommend that the City Council consider
adopting the attached resolution approving a 32-foot wide street design for Sunnyside Road with
parallel parking on the west side between County Roads H and H2.
Respectfully submitted,
Nick DeBar - Public Works Director
Attachments:
Staff Report to S/U Cmte. Regarding Sunnyside Road Configuration
Resolution 7877
1/2
M E M O R A N D U MM E M O R A N D U MM E M O R A N D U MM E M O R A N D U M
TO: STREETS AND UTILITIES COMMITTEE MEMBERS
FROM: NICK DEBAR | PUBLIC WORKS DIRECTOR
DATE: NOVEMBER 21, 2011
RE: RECOMMEND DESIGN CONFIGURATION FOR SUNNYSIDE ROAD IN AREA E
Program Background
During the design phase for each individual street and utility improvement project, any non-standard
street issues located within the project area need to be evaluated.
Non-standard street issues include any of the following:
1. Streets with an existing street width less than 26 feet or greater than 32 feet;
2. Streets that are designated as and receive Municipal State Aid; and
3. Streets designated as pedestrian corridors as shown on the Trailway and Sidewalk Map located in
the Comprehensive Plan (see attached).
This above criteria stems from the adopted Street and Utility Improvement Program guidelines stating:
“Typical streets will have a width of 28 feet measured from face of curb to face of curb. Streets currently
between 26 and 32 feet wide will be reconstructed to the 28 foot standard. Other streets, including
Municipal State Aid Streets and streets designated as pedestrian corridors, will have their reconstructed
width evaluated on a street-by-street and project-by-project basis.”
The Street and Utility Committee is charged with making a recommendation for these non-standard
street issues. The recommendation is considered by the City Council, who has the final approval for all
non-standard street issues.
Current Conditions
1. 60 foot wide Right-of-Way
2. 30 foot wide bituminous pavement with integral edge curbing north of Woodcrest
3. 30 foot wide bituminous pavement with concrete curbing south of Woodcrest
4. 14± foot wide turf boulevards
5. mailboxes are located in east boulevard
6. 53 single-family homes adjacent to Right-of-Way - 28 on west side (6+22), 25 on east side (8+17)
7. no parking restrictions (does no comply with current State Aid Standards)
8. 305 ADT (Average Daily Traffic) south of Woodcrest (projected 458 ADT), 610 ADT north of
Woodcrest (projected 915 ADT) – from 2007 traffic counts
Design Considerations
If Sunnyside Road was not part of the Municipal State Aid System (MSAS), the roadway would be
reconstructed to the standard street width of 28 feet. However, there is a separate set of stricter design
standards that apply to MSAS streets. While a standard municipal roadway of 28 feet wide allows
parking on either side of the street, a MSAS roadway does not allow any parking for the same 28 foot
wide street. Most MSAS roadways have higher traffic volume than other local non-MSAS roadways. A
street width of 32 feet is required for parking on one side of a MSAS roadway and 38 feet wide for
parking on both sides (without Mn/DOT approved design variances). “No Parking” traffic signs are
required to be installed for any traffic lane that does not have an adjacent parking lane. Therefore, the
design options for street width comes down to a question of whether or not to allow on-street parking.
Public Works Recommendation
Given the residential character of Sunnyside Road, it is likely that on-street parking will be needed and
desired by the adjacent residents. However, on-street parking on both sides of the street will add an
additional 6 feet of pavement width to the existing street width, triggering more stormwater management
requirements and additional construction costs. Therefore, allowing parking only on one side of the
street is recommended by Public Works, requiring a 32 foot wide roadway - which also matches the
ITEM NO. 7A
2/2
existing width. It is further recommended that the parking lane be located on the west side of the street
since 3 side streets intersect Sunnyside in a “T” configuration on the east side (north of Woodcrest)
allowing on-street parking on those side streets. No side street intersections exist on the west side north
of Woodcrest. In addition, there are 22 homes on the west side compared to 17 on the east side north
of Woodcrest, making more of a demand for parking on the west side. The parking lane is
recommended to be located on the west side of the street (south of Woodcrest) to maintain a consistent
lane configuration in this corridor.
The S/U Committee verbally agreed with the Public Works recommendation at the July meeting.
Next Steps
Property owners along Sunnyside Road were invited to attend the September meeting of the S/U
Committee. A notice was mailed to these residents explaining the need for Sunnyside to be separately
evaluated and what the recommendation was. The notice also had a simple feedback portion at the
bottom of the page.
About 20 to 25 residents attended the meeting. It seemed as though some of the residents were
confused about how the recommendation would change from current street conditions. The Committee
did not make a recommendation and asked if another notice could be mailed. Attached is a revised
notice sent to property owners inviting them to the November Committee meeting and attempting to
explain the existing and proposed street configuration.
City staff is expecting that the Committee can make a recommendation on the Sunnyside Road
configuration at the November meeting to keep the project on schedule. The recommendation will be
brought to the City Council for their consideration in approving a final design configuration for Sunnyside
Road – most likely on November 28, 2011.
Attachments:
• Second notice mailed to Sunnyside Road property owners
RESOLUTION 7877
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A NON-STANDARD STREET DESIGN AND PARKING RESTRICTIONS FOR
SUNNYSIDE ROAD IN AREA E OF THE STREET AND UTILITY IMPROVEMENT PROGRAM
WHEREAS, the City Council adopted Resolution 7176 on October 22, 2007 establishing
the Street and Utility Improvement Program (Program), which includes nine Street and Utility
Improvement Projects identified as Areas A through I; and
WHEREAS, a Streets and Utilities Committee was established through Resolution 7223
on February 11, 2008 to oversee the implementation of the Street and Utility Improvement
Program, including providing recommendations to the City Council on design or financing issues
encountered during the Program; and
WHEREAS, the City Council approved Resolution 7831 on September 26, 2011
authorizing Stantec to perform engineering services and prepare bidding documents for the
design phase for Area E of the Program; and
WHEREAS, Sunnyside Road is a non-standard street in Area E of the Program due to its
Municipal State Aid status; and
WHEREAS, City staff developed design recommendations for Sunnyside Road and
reviewed these recommendations with the Streets and Utilities Committee and adjacent property
owners on September 19 and November 21, 2011, including soliciting resident feedback; and
WHEREAS, Public Works and the Street and Utilities Committee recommend that
Sunnyside Road between County Roads H and H2 be reconstructed to 32-feet wide with 8-foot
wide parallel parking on the west side only; and
WHEREAS, to be eligible for State Aid funding, Sunnyside Road must be signed with “No
Parking” or equivalent traffic signs on the sides of the street that do not include the eight-foot
parallel parking bays.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View,
Ramsey County, Minnesota as follows:
1. Sunnyside Road between County Roads H and H2 will be reconstructed as a 32-foot wide
street, measured at the face of curb, with 8-foot wide parallel parking on the west side only.
2. Sunnyside Road will be signed with “No Parking” or equivalent traffic signs on the east side
(northbound traffic) between County Roads H and H2.
Adopted this 12th day of December, 2011.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 7L
Meeting Date: December 12, 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 7878, Approving a Delegated Contracting Process
Agency Agreement with Minnesota Department of Transportation for
Federal Aid Funding of Transportation-Related Projects
Background:
The City is eligible to apply for various federal aid programs for transportation-related projects.
These monies are typically administered at the national level through the Federal Highway
Administration (FHWA), and at the state level through the Minnesota Department of Transportation
(MnDOT). Federal aid obtained by municipalities is also administered by MnDOT, who acts as the
city’s agent in accepting federal aid. MnDOT has a standardized process, entitled Delegated
Contracting Process (DCP), for project development that meets the federal requirements for
receiving these funds. The DCP provides municipalities with straightforward guidance so any
federal aid is not jeopardized.
Mounds View has a current DCP agreement with MnDOT. On occasion, MnDOT will revise and
update the agreement for clarification, or if cases where changes to federal aid requirements affect
agreement provisions. Mounds View’s DCP agreement was most recently updated and approved
on January 26, 2009 (Res. 7363). The DCP agreement has been used most recently with the
County Road 10 Trail Segments 1-5 project.
Discussion:
MnDOT recently sent a revised DCP agency agreement for review and approval. There are not
substantial changes to the agreement, but rather, clarifications. These clarifications involve a clear
reference to the DCP checklist and to other State Aid policies and procedures.
Recommendation:
City staff recommends that the City Council consider approving the attached resolution approving
the Delegated Contracting Process Agency Agreement with MnDOT. If adopted, the executed
agreement will supersede any other DCP agreements that the City may have executed in the past.
Respectfully submitted,
Nick DeBar - Public Works Director
Attachments:
• Resolution 7878
• DCP Agency Agreement
RESOLUTION 7878
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A DELEGATED CONTRACTING PROCESS AGENCY AGREEMENT
WITH MINNESOTA DEPARTMENT OF TRANSPORTATION FOR FEDERAL AID
FUNDING OF TRANSPORTATION-RELATED PROJECTS
WHEREAS, the City of Mounds View desires to obtain federal aid for
transportation-related projects; and
WHEREAS, the City desires that the federal funds be administered through the
Minnesota Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
1. Pursuant to Minnesota Statute Section 161.36, the Commissioner of Transportation
be appointed as Agent of the City of Mounds View to accept as its agent, federal aid
funds which may be made available for eligible transportation related projects.
2. The Mayor and City Administrator are hereby authorized and directed for and on
behalf of the City to execute and enter into an agreement with the Commissioner of
Transportation prescribing the terms and conditions of said federal aid participation as
set forth and contained in “Minnesota Department of Transportation Agency
Agreement No. 99907”, a copy of which said agreement was before the City Council
and which is made a part hereof by reference.
Adopted this 12th day of December, 2011.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(SEAL)
Item No: 08A
Meeting Date: December 12, 2011
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7874, Approving the Recording Secretary
Service Agreement with Timesaver Off Site Secretarial, Inc.
Background:
Timesaver Off Site Secretarial (TOSS) has been providing recording secretary services
for the City since 1999.
Discussion:
The contract addendum for 2012 will not reflect any increase in rates.
2011 RATES 2012 RATES
BASE RATE: $126.00
Add’l ½ Hours: $31.00
BASE RATE: $126.00
Add’l ½ Hours: $31.00
or
2011 RATES 2012 RATES
Per Hour Fee: $27.00
Per Page Fee: $12.30
Per Hour Fee: $27.00
Per Page Fee: $12.30
Recommendation:
Given the City’s satisfaction with TimeSaver’s performance, Staff is recommending
approval of the 2012 contract addendum and adoption of attached Resolution 7874.
Respectfully Submitted,
_______________________
Desaree Crane
RESOLUTION NO. 7874
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVAL OF THE TIMESAVER RECORDING SECRETARY
CONTRACT ADDENDUM FOR 2012
WHEREAS, TimeSaver has been taking minutes for City Council, EDA and
Planning Commission meeting since 1999; and
WHEREAS, the City Council and staff are pleased with the thoroughness and
accuracy of the minutes taken by TimeSaver; and
WHEREAS, the attached addendum to the Recording Secretary Service
Agreement for 2011 includes no rate increase.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
agrees to and accepts the terms of TimeSaver 2012 service agreement addendum, as
attached.
Adopted this 12th day of December, 2011.
___________________________________
Joe Flaherty, Mayor
ATTEST:
___________________________________
James Ericson, City Administrator
(seal)
Item No: 08B
Meeting Date: Dec 12, 2011
Type of Business: Consent Agenda
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Resolution 7868 Approving a Consultant Services Agreement with
the Greater Metropolitan Housing Corporation for Housing
Resource Center Services in 2012
Introduction:
The City of Mounds View and its residents have benefitted from the services provided and
managed by the Greater Metropolitan Housing Corporation’s Housing Resource Center (HRC)
since 2001. By partnering with the Greater Metropolitan Housing Corporation, Mounds View
residents and property owners have one-stop-shop access to a variety of housing,
improvement, efficiency, loan and enhancement programs that they might not otherwise. The
services offered by the HRC provide an invaluable resource for the community.
Discussion:
The Housing Resource Center (HRC) is a division of the Greater Metropolitan Housing
Corporation (GMHC) whose stated mission is to preserve, improve and increase affordable
housing for low and moderate income families, as well as to assist communities with housing
revitalization. The HRC provides construction management consultations, program
administration, provides information on a variety of relevant housing programs and coordinates
and manages several grant and loan programs geared toward home improvement and
renovation. In 2007, the HRC agreed to manage the City’s Housing Replacement Program’s
demolition reimbursement component as part of the agreement, at no additional cost to the City.
The fee for the contracted service is $11,000 which is has not increased in many years.
Beginning in 2011, the HRC began coordinating the administration and underwriting of the
City’s new pilot loan programs intended to provide residents with low or no interest financing for
home improvements, needed renovations, blight elimination and remediation of code violations.
The fee for this additional service is $400 per loan closed plus a monthly processing fee
charged by the servicer, Community Reinvestment Fund (CRF). While there has been interest
in the program, the criteria appear too restrictive for many to qualify.
Recommendation:
Approve Resolution 7868 which approves a consultant services agreement with the Greater
Metropolitan Housing Corporation for Housing Resource Center and loan administration
services in 2012.
Respectfully submitted,
_________________________
James Ericson
City Administrator
RESOLUTION 7868
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE EXECUTION OF
THE CONSULTANT SERVICES AGREEMENT WITH THE
GREATER METROPOLITAN HOUSING CORPORATION (GMHC) FOR
HOUSING RESOURCE CENTER SERVICES IN 2012
WHEREAS, the City of Mounds View desires to continue its association with the
Greater Metropolitan Housing Corporation (GMHC) to provide Housing Resource Center
services in 2012,
WHEREAS, the City has partnered with GMHC to access Housing Resource Center
services for Mounds View residents since 2001; and,
WHEREAS, the City acknowledges the valuable benefit derived by its residents via
the programs offered and managed by the Housing Resource Center; and,
WHEREAS, in addition to Housing Resources Center services, GMHC has the
experience and ability to provide administration and underwriting services in support of the
City’s low and no-interest Home Improvement Loan pilot program.
NOW, THEREFORE FURTHER BE IT RESOLVED, that the Mounds View City
Council does hereby approve the Consultant Services Agreement with the Greater
Metropolitan Housing Corporation (GMHC) for Housing Resource Center services and loan
administration and underwriting services in association with the City’s Home Improvement
Loan pilot program in 2011 and authorize execution of said Agreement by the Mayor and
City Administrator.
Adopted this 12th day of December, 2011.
_______________________________
Joe Flaherty, Mayor
ATTEST:
______________________________
James Ericson, City Administrator
(seal)
fb.us.3166730.04 1
CONSULTANT SERVICES AGREEMENT
THIS IS AN AGREEMENT entered into the _____ day of ________, 20__, by and
between the City of Mounds View, a Minnesota municipal corporation (“the City”), and
GREATER METROPOLITAN HOUSING CORPORATION, a Minnesota non-profit
corporation (“Consultant”).
RECITALS
A. The Consultant has a division called The Housing Resource Center (“HRC”).
GMHC has agreed to provide certain Services through HRC (as defined below) in connection
with the City’s housing program.
B. The City desires to hire the Consultant to render this technical, professional, and
marketing assistance in connection with housing programs in the City for the term as set forth in
this Agreement.
C. Consultant is willing to provide such services on the terms and conditions set
forth herein.
In consideration of the foregoing recitals and following terms, conditions and mutual
promises contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall provide services as follows (the
“Services”):
a. Administer the following home improvement programs for residents of the City
of Mounds View: MHFA Fix Up Fund, the MHFA Rental Rehab Program, the
MHFA Rehabilitation Loan Program and the MHFA Emergency and
Accessibility Program(collectively the “MHFA Programs”) and the Mounds View
Home Improvement Loan Program.
1. Providing information to residents and property owners about the
programs, upon request;
2. Assist the City in developing procedures for the programs;
3. Receipt of applications from residents;
4. Processing applications;
5. Closing loans to qualified applicants in accordance with the applicable
program;
6. Overseeing the draw process for the funds, including, as necessary,
reviewing draws, reviewing the progress of the work and collecting lien
waivers and certificates of occupancy. Consultant may, for this purpose,
rely on third-party representations and certifications.
7. Provide monthly reports about the number of loans closed and the balance
in each loan program.
fb.us.3166730.04 2
b. Service the loans made to City residents under the Mounds View Home
Improvement Loan Program:
1. Direct the Community Reinvestment Fund (“CRF”) to collect such payments
pursuant to a contract dated July 2, 2000 between the Consultant and CRF (the
CRF Contract).
2. Direct CRF to take such action pursuant to the CRF Contract if there is an
Uncured default by a borrower under a loan pursuant to an Installment Loan
Program.
3. Receive all payments made by borrower to CRF.
4. Disburse all payments received by Consultant as directed, in writing, by the
City, which may include disbursing the funds pursuant to the Mounds View
Home Improvement Program.
5. Payment to CRF to service the loans:
One-time $15.00 set-up fee per installment loan
One-time $25.00 set-up fee per deferred loan
Transaction fee per installment loan $6.00 per month
c. Assist City residents considering rehabilitation, including property visits, meet
with homeowners and potential contractors, suggest alternatives for rehabilitation
to homeowners, educate homeowners on the construction bid process, assist
homeowners to evaluate bids and work completed and construction progress.
d. Provide housing information to City residents, including information on
emergency assistance, housing rehabilitation, first time homebuyers and limited
rental information;
e. Assist the City in developing programs to purchase and rehabilitate homes;
f. Coordinate these services out of Consultant’s Housing Resource Center, 1170
Lepak Court, Shoreview, MN 55126; and
g. Have Consultant’s staff visit residences as determined necessary by Consultant.
2. Term. This Agreement shall be in full force and effect from January 1, 2012 and
shall continue through December 31, 2012, unless otherwise terminated as set forth below.
3. Compensation.
a. Core HRC Services: The City shall pay the Consultant Eleven Thousand Dollars
($11,000 within thirty days (30) days after Execution of this Agreement.
fb.us.3166730.04 3
b. Mounds View Home Improvement Loan Program Administration: The City shall pay
the Consultant Four Hundred Dollars ($400) for each closed loan. Consultant fees will
be charged to the City on a monthly basis.
The Consultant shall receive compensation for administering the MHFA Programs directly from
the Minnesota Housing Finance Agency and not from the City.
4. Termination. Notwithstanding any other provision hereof to the contrary, this
Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may terminate this Agreement at any
time in which case the parties shall agree to the amount of fees payable to
Consultant.
b. The City may terminate this Agreement upon the breach by Consultant of any of
its material covenants contained herein, where such breach shall have continued
for a period of thirty (30) days following the receipt by Consultant of a written
notice from the City, specifying the alleged breach; provided, however, if the
nature of a non-monetary breach is such that Consultant cannot reasonably cure
same in the thirty (30) day period, Consultant shall not be deemed to be in breach
if it commences to cure within the thirty (30) day period, and diligently pursues
same to completion within ninety (90) days following receipt by Consultant of
such written notice. In the event of termination by the City hereunder, Consultant
shall be entitled to fees due to the date the notice of breach is sent by the City.
c. If Consultant or City (as applicable) (i) files a voluntary petition in bankruptcy
(ii) files a voluntary petition for reorganization under any bankruptcy law, statute
or regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt,
(iv) makes an assignment for the benefit of creditors or applies for or consents to
the appointment of a receiver or trustee as part of or in conjunction with a
“creditor plan” with respect to any substantial part of its assets, or (v) a receiver or
trustee is appointed, or an attachment or execution levied with respect to any
substantial part of its assets, and said appointment is not vacated, or the
attachment or execution not released, within sixty (60) days, then this Agreement
shall, effective as of such date, without notice or further action by either party,
immediately terminate.
d. Consultant may terminate this Agreement upon the breach by City of any of its
material covenants contained herein, where such breach shall have continued for a
period of thirty (30) days following the receipt by City of a written notice from
Consultant, specifying the alleged breach; provided, however, if the nature of a
non-monetary breach is such that City cannot reasonably cure same in the thirty
(30) day period, City shall not be deemed to be in breach if it commences to cure
within the thirty (30) day period, and diligently pursues same to completion
within ninety (90) days following receipt by City of such written notice. In the
event of termination by Consultant hereunder. Consultant shall be entitled to
retain the entire fee under this Agreement.
fb.us.3166730.04 4
5. Insurance.
a. During the term of this Agreement, the Consultant shall obtain and maintain
workers compensation, comprehensive general liability, and automobile liability
insurance. Comprehensive general liability insurance shall have an aggregate
limit of Two Million Dollars ($2,000,000.00).
b. Upon request by the City, the Consultant shall provide a certificate or certificates
of insurance relating to the insurance required. Such insurance secured by the
Contractor shall be issued by insurance companies licensed in Minnesota. The
insurance specified may be in a policy or policies of insurance, primary or excess.
c. Such insurance shall be in force on the date of execution of an Agreement and
shall remain continuously in force for the duration of the Agreement.
6. Indemnification.
a. Notwithstanding anything to the contrary in this Agreement, the City, its officers,
agents, and employees shall not be liable or responsible in any manner to the
Consultant, the Consultant’s successors or assigns, the Consultant’s subcontractors,
or to any other person or persons for any third party claim, demand, damage, or
cause of action of any kind, nature, or character, including intentional acts, arising
out of or by reason of the performance of this Agreement by Consultant. The
Consultant, and the Consultant’s successors or assigns, agree to protect, defend and
save the City, and its officers, agents, and employees, harmless from all third party
claims, demands, damages, and causes of action, to the extent caused by the
negligence or wrongful acts of Consultant, and the costs, disbursements, and
expenses of defending the same, including but not limited to, attorneys fees,
consulting services, and other technical, administrative or professional assistance.
b. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation of any immunity or limitation on liability to which the City is entitled
under Minnesota Statutes, Chapter 466, or otherwise.
7. Assignment. This Agreement shall not be assigned, sublet, or transferred, in
whole or in part without the prior written approval of the City.
8. Conflict of Interest. The Independent Contractor shall use best efforts to meet
all professional obligations to avoid conflicts of interest and appearances of impropriety in
representation of the City. In the event of a conflict, the Independent Contractor, with the prior
written consent of the City, shall arrange for suitable alternative services.
9. Compliance with Laws. The Consultant shall comply with all applicable
Federal, State, and local laws, rules, ordinances, and regulations at all times and in the
performance of the services pursuant to this Agreement.
fb.us.3166730.04 5
10. Notices. Any notices permitted or required by this Agreement shall be deemed
given when personally delivered or upon deposit in the United States mail, postage fully prepaid,
certified, return receipt requested, addressed to:
Consultant: Greater Metropolitan Housing Corporation
15 South 5th Street, Suite 710
Minneapolis, MN 55402
ATTN: Suzanne Snyder
City: ATTN: City Administrator
City of Mounds View
2401 Highway 10
Mounds View, MN 55112
With a copy to: Scott J. Riggs
Kennedy and Graven, Chartered
Suite 470, 200 South Sixth Street
Minneapolis, MN 55402
Or such other address as either party may provide to the other by notice given in accordance with
this provision.
11. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between the City and the
Consultant, and supersedes any other written or oral agreements between the City and the
Consultant. This Agreement can only be modified in writing signed by the City and the
Consultant.
12. Third Party Rights. The parties to this Agreement do not intend to confer on
any third party any rights under this Agreement.
13. Counterparts. This Agreement may be signed in one or more counterparts but
all of which taken together shall constitute one instrument.
14. Choice of Law and Venue. This Agreement shall be governed by and construed
in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all
parties to this Agreement waive any objection to the jurisdiction of these courts, whether based
on convenience or otherwise.
15. Agreement Not Exclusive. The City retains the right to hire other housing program
consultants, in the City’s sole discretion.
fb.us.3166730.04 6
16. Data Practices Act Compliance. Data provided to the Consultant or created by
the Consultant under this Agreement shall be administered in accordance with the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended.
[Signature Page Follows]
fb.us.3166730.04 7
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement on the respective dates indicated below.
CITY:
CITY OF MOUNDS VIEW
By:
Joe Flaherty, Mayor
Date: ____________________, 20__.
By: _________________________________
James Ericson, City Administrator
Date: ____________________, 20__.
CONSULTANT:
GREATER METROPOLITAN HOUSING CORPORATION
By:
Its: President
Date: ____________________, 20__.
Item No: 08C
Meeting Date: December 12, 2011
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Mayor and City Council
From: Mary Springer, Receptionist/Recycling Coordinator
Item Title/Subject: Resolution No. 7863, Approving the 2012 SCORE
Recycling Grant Request to Ramsey County
Meeting Date: December 12, 2011
Background
In conjunction with Ramsey County and the State of Minnesota SCORE Program, the City
of Mounds View is eligible to apply for grant monies to fund 2012 recycling activities. As a
part of the grant application, the City Council must formally request the funding. This
amount is projected to be $25,199.00.
Discussion
The attached 2012 SCORE funding grant application describes Mounds View’s recycling
program and proposed budget allocation. Please note SCORE funds may only be used for
their allocated purposes. (for example, administration funds may not be used for publicity
costs).
In 2012, staff will continue to bring attention to the ongoing composting and recycling
programs in the City of Mounds View. This information will be cited in the Mounds View
Matters, City’s website, and CTV.
Recommendation
Staff recommends the adoption of Resolution 7863, approving the 2012 SCORE Recycling
Grant Request to Ramsey County.
Respectfully Submitted,
_________
Mary Springer
Receptionist/Recycling Coordinator
RESOLUTION NO. 7863
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING THE 2012 SCORE RECYCLING GRANT
REQUEST TO RAMSEY COUNTY
WHEREAS, Ramsey County is accepting applications for use of SCORE funds to
improve recycling participation by the public; and,
WHEREAS, the City of Mounds View is eligible to apply for a grant to provide
administrative and promotional activities intended to improve recycling participation among
city residents through education, awareness, and incentives; and,
WHEREAS, the City Council of the City of Mounds View has determined that this is
an appropriate use of city resources and that increasing recycling participation benefits the
public health, safety, and welfare of the community as a whole.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds
View approves the attached application for 2012 SCORE funding and authorizes
acceptance of any allocated funding.
Adopted this 12th day of December, 2011.
___________________________________
Joe Flaherty, Mayor
ATTEST:
___________________________________
James Ericson, Clerk-Administrator
(seal)
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
November 14, 2011 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, November 14, 2011, City Council Agenda. 21
22
City Administrator Ericson requested Items 7C and 7D switch places on the agenda. 23
24
MOTION/SECOND: Mueller/Hull. To Approve the Monday, November 14, 2011, agenda as 25
amended. 26
27
Ayes – 5 Nays – 0 Motion carried. 28
29
5. PUBLIC INPUT 30
31
None. 32
33
6. SPECIAL ORDER OF BUSINESS 34
35
None. 36
37
7. COUNCIL BUSINESS 38
A. Public Hearing 7:05 p.m., Resolution 7850, a Resolution Adopting the 2012 39
Fee Schedule. 40
41
Assistant City Administrator Crane reviewed the Fee Schedule for 2012. The Council discussed 42
the Fee Schedule at the November work session. The revisions made were brought to the 43
Councils attention and staff recommended approval of the 2012 Fee Schedule. 44
45
Mounds View City Council November 14, 2011
Regular Meeting Page 2
Mayor Flaherty opened the public hearing at 7:01 p.m. 1
2
Hearing no public input, Mayor Flaherty closed the public hearing at 7:01 p.m. 3
4
Council Member Mueller questioned if the Council needed to wait several minutes to assure 5
there were no public comments, due to the fact the public hearing was set for 7:05 p.m. City 6
Administrator Ericson indicated the clocks in the Council Chambers were several minutes slow. 7
He noted the Council could proceed. 8
9
Mayor Flaherty thanked the YMCA committee for reviewing the proposed rates for the 10
Community Center. 11
12
Council Member Mueller was pleased with the rental rates at the Community Center along with 13
the caterer. 14
15
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7850, a 16
Resolution Adopting the 2012 Fee Schedule. 17
18
Ayes – 5 Nays – 0 Motion carried. 19
20
D. Resolution 7854, Re-approving the Coventry Senior Living Final Plat. 21
22
Planning Associate Heller indicated this item was before the Council for re-approval given the 23
fact Coventry Senior Living has not yet begun construction. She indicated the developers have 24
continued to seek financing and construction was planned to begin early in 2012. 25
26
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7854, Re-27
approving the Coventry Senior Living Final Plat. 28
29
Ayes – 5 Nays – 0 Motion carried. 30
31
B. 7:10 p.m. Public Hearing, First Reading on Ordinance 865, an Ordinance 32
Regulating the Possession, Sale and Consumption of Tobacco and Tobacco 33
Related Devices and Products within the City of Mounds View. 34
35
City Administrator Ericson stated in May of this year the Council set a moratorium on tobacco 36
licenses to allow the City time to review its Ordinance. The City worked with the Ramsey 37
Tobacco Coalition to review the licensing process. The revisions were discussed by the Council 38
in a work session meeting in October. 39
40
City Administrator Ericson reviewed the Ordinance amendments with the Council in detail. He 41
noted no new tobacco establishments would be allowed within 1,000 feet of a park, church or 42
school. Existing establishments would be allowed to remain. He indicated sampling of tobacco 43
would continue in existing establishments. After discussing all of the revisions, Staff 44
recommended the Council introduce Ordinance 865. 45
Mounds View City Council November 14, 2011
Regular Meeting Page 3
1
Mayor Flaherty opened the public hearing at 7:15 p.m. 2
3
Hearing no public input, Mayor Flaherty closed the public hearing at 7:15 p.m. 4
5
Council Member Gunn questioned Item 3 on Page 6, and asked if a convenience store would 6
qualify for sampling. City Administrator Ericson stated Walgreens, SuperAmerica or Holiday, 7
which also have a food license, would not be allowed to sample tobacco onsite. 8
9
Council Member Hull asked if Vino & Stogies could sell their business to another tobacco seller. 10
City Administrator Ericson indicated this would be possible and the same terms within the City’s 11
Ordinance would apply. 12
13
Council Member Mueller expressed confusion with how the sampling of tobacco was allowed as 14
it read in the Ordinance. City Administrator Ericson reviewed the language further stating 15
sampling was prohibited at all tobacco establishments, except if they meet the four stated 16
conditions. He explained this language was separate within the Code in case the State was to 17
change the regulations, the City could easily change this one section. 18
19
Mayor Flaherty commented how the proximity regulations would affect current businesses. City 20
Administrator Ericson stated the proximity language would only affect new tobacco licenses and 21
all current tobacco sales would continue in their current establishments. 22
23
Mayor Flaherty asked if the hours of sales should be further reviewed. He requested the sales be 24
allowed from 9:00 a.m. to 10:00 p.m. 25
26
Fayez Gieth, Tobacco View, explained he understood the City’s new regulations and thanked the 27
Council for thoroughly reviewing the information. 28
29
Council Member Mueller summarized the regulations within the Ordinance, noting tobacco 30
would not be sold to minors under the age of 18 and reviewed the hours of operation. 31
32
MOTION/SECOND: Stigney/Gunn. To Waive the First Reading and Introduce Ordinance 865, 33
an Ordinance Regulating the Possession, Sale and Consumption of Tobacco and Tobacco 34
Related Devices and Products within the City of Mounds View. 35
36
Ayes – 5 Nays – 0 Motion carried. 37
38
C. 7:15 p.m. Public Hearing, First Reading on Ordinance 866, an Ordinance 39
Amending Title 900 by Deleting Chapter 901 of the City Code Pertaining to 40
the Snow and Ice Control Policy. 41
42
Public Works Director DeBar stated the Council adopted Ordinance 451 in 1998 and Chapter 43
901 regulated Snow and Ice Control. Since that time, Mounds View began snow plowing 44
operations throughout the City in house. Staff recommends removing the policy from City Code. 45
Mounds View City Council November 14, 2011
Regular Meeting Page 4
1
Mayor Flaherty opened the public hearing at 7:33 p.m. 2
3
Hearing no public input, Mayor Flaherty closed the public hearing at 7:33 p.m. 4
5
Mayor Flaherty thanked Staff for updating the Code for the City’s snow and ice policy. 6
7
MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introduce Ordinance 866, 8
an Ordinance Amending Title 900 by Deleting Chapter 901 of the City Code Pertaining to the 9
Snow and Ice Control Policy. 10
11
Ayes – 5 Nays – 0 Motion carried. 12
13
E. Resolution 7855, Approving Revisions to the Snow Plowing and Ice Control 14
Policy. 15
16
Public Works Director DeBar explained the Council reviewed an updated Snow Plowing and Ice 17
Control policy at a work session meeting on November 7th. He reviewed the revisions to the 18
policy in detail with the Council stating the policy now had two tables ranking the street, trail and 19
parking lot operations. Staff recommended approval of the Resolution. 20
21
Council Member Mueller asked if the information within this Resolution would be available to 22
the residents. Public Works Director DeBar indicated the information would be uploaded to the 23
City’s website for citizen review after Council approval. 24
25
Council Member Mueller suggested the information be added to the next Mounds View Matters. 26
27
Council Member Mueller questioned how decisions were made by public works to tow vehicles 28
in snow emergency situations. Public Works Director DeBar indicated the police department 29
takes action in this area to have roads cleared for plowing. 30
31
Mayor Flaherty asked if all priority roads were cleared first. Public Works Director DeBar stated 32
during typical snow falls, the public works drivers have a route that is followed and the entire 33
City can be cleared within six hours. However, if the snowfall was extreme or heavy/wet snow, 34
the route may vary and the snow removal would be delayed. 35
36
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7855, 37
Approving Revisions to the Snow Plowing and Ice Control Policy. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
F. Resolution 7849, Supporting the Creation of a K9 Program within the 42
Mounds View Police Department and Acceptance of a Grant from the St. 43
Paul Canine Foundation. 44
45
Mounds View City Council November 14, 2011
Regular Meeting Page 5
Police Chief Kinney indicated the City was being asked to create a K9 program within the 1
Mounds View Police Department and to accept a grant from the St. Paul Canine Foundation. 2
The K9 unit would greatly advance the department while making it more productive. It would 3
assist with apprehending assailants as well. He felt the K9 unit would also be a great way to 4
reach out to the community. 5
6
Police Chief Kinney estimated the expense to fund the K9 unit to be $18,100 to acquire and train 7
the dog. This amount has been significantly reduced due to the grant received from the St. Paul 8
Canine Foundation. The grant would cover $6,000 of the estimated expenses. 9
10
Police Chief Kinney stated there would be ongoing expenses for the K9 program which was 11
estimated to be $2,400-7,100 to cover food, vet expenses and projected overtime expenses for the 12
handler. He recommended the Council proceed with the K9 program as presented. 13
14
Council Member Mueller indicated a resident was interested in assisting with fundraising efforts 15
for the K9 unit. She questioned where donations could be made. Police Chief Kinney stated he 16
has been in contact with the gentleman willing to volunteer of his time. The gentleman was 17
currently gathering information and would continue to assist the Police Department through the 18
fund raising process. He requested all those interested in making a donation speak with the 19
Police Department directly. 20
21
Mayor Flaherty questioned if the Police Department’s budget was adjusted in 2012 for this 22
potential expense. Finance Director Beer stated the expense was written into the budget along 23
with the anticipated $6,000 grant. 24
25
Mayor Flaherty encouraged the community to come together to support this initiative as it would 26
greatly benefit the residents. 27
28
Council Member Gunn was in favor of using the additional billboard revenues to support the K9 29
program to fill in the gaps. She felt the K9 unit was a positive benefit for the entire community. 30
31
Mayor Flaherty noted the billboard revenues would be placed in the general fund. Finance 32
Director Beer stated this was the case and that the Council could designate these funds in 33
whatever manner necessary. 34
35
Council Member Mueller stated there was a strong desire to have a K9 unit within the City. She 36
the program should proceed. 37
38
Mayor Flaherty suggested that the fundraising efforts be allowed and if additional resources are 39
needed, the Council review the issue at a future date. 40
41
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7849, 42
Supporting the Creation of a K9 Program within the Mounds View Police Department and 43
Acceptance of a Grant from the St. Paul Canine Foundation. 44
45
Mounds View City Council November 14, 2011
Regular Meeting Page 6
Council Member Stigney felt the overall start-up costs were extensive and cautioned the Council 1
about assuming the ongoing expenditures this program would place on the City. For these 2
reasons, he did not support the K9 program. 3
4
Ayes – 4 Nays – 1 (Stigney) Motion carried. 5
6
G. Resolution 7851, Adopting a Fund Balance Policy. 7
8
Finance Director Beer stated the Minnesota State Auditor recommends the City adopt a Fund 9
Balance Policy. He reviewed the State Auditors best practice guide with the Council. It was 10
recommended the City maintain a 35-50% balance within funds given the fact the County only 11
makes tax settlements twice a year. The fund balance levels could be higher but could not be 12
done through the levy. Staff recommended the Council proceed with adopting the fund balance 13
policy. 14
15
Council Member Mueller requested further information on GASB. Finance Director Beer stated 16
GASB was the Government Accounting Standards Board and was a national rule-making body. 17
18
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7851, 19
Adopting a Fund Balance Policy. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
H. Resolution 7852, Approving a Capitalization Threshold for Reporting 24
Purposes. 25
26
Finance Director Beer explained the Capitalization Threshold was presently set at $1,000. 27
Modern guidance suggests that City’s should use $5,000 for purchased assets and $25,000 for 28
constructed assets. Staff recommended approval of the new thresholds. 29
30
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7852, 31
Approving a Capitalization Threshold for Reporting Purposes. 32
33
Mayor Flaherty questioned if a capitalization asset greater than $1,000 would come before the 34
Council. Finance Director Beer stated that anything greater than $5,000 had to come to the 35
Council. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
I. Resolution 7856, Accepting Work for the 2009/2010 Street and Utility 40
Improvement Project (Area A) and Authorizing Final Payment to North 41
Valley, Inc. 42
43
Public Works Director DeBar indicated North Valley, Inc. was the lowest responsible bidder for 44
Area A of the Street and Utility Improvement Project. He stated this work was completed in the 45
Mounds View City Council November 14, 2011
Regular Meeting Page 7
summer of 2009. The work was substantially completed by October 29, 2009. A punch list was 1
completed and given to the contractor. The initial construction was completed in a timely 2
manner by the contractor, while the punch list took over a year and a half to complete. There was 3
some difficulty with the landscaping subcontractor, who has since gone out of business. 4
5
Public Works Director DeBar explained the work was now fully complete. All punch list items 6
have been performed. The issues of the punch list have been discussed with Stantek and North 7
Valley. He indicated Staff and StanTek recommended a $7,500 credit to the City from North 8
Valley due to the additional costs the City incurred to complete some of the sod work. 9
10
Public Works Director DeBar noted the actual work completed came in $339,000 lower than the 11
initial estimate. He stated Bonestroo’s original estimate was $600,000 higher than the final 12
construction costs. The City has greatly benefited from the depressed economy and the 13
competitive bidding. 14
15
Public Works Director DeBar recommended the Council accept the work for the 2009-2010 16
Street and Utility Improvement Project for Area A and authorize a final payment to North Valley. 17
18
Council Member Mueller requested further information on Stantek. Public Works Director 19
DeBar stated the City’s consulting engineering company, Bonestroo, merged with a large 20
company and was now called Stantek. He indicated the City was still working with many of the 21
same employees even though the company had a new name. 22
23
Council Member Mueller questioned if the funds being withheld from the final payment covered 24
the expense to the City to finish the work. Public Works Director DeBar stated this was the case. 25
26
Council Member Mueller asked if the City would consider doing work with North Valley in the 27
future. Public Works Director DeBar stated this was a fine company to work with. North Valley 28
completed the work of two years in 10 months. The difficulty was with some of the 29
subcontractors. 30
31
Mayor Flaherty was pleased that the project came in approximately $900,000 less than the 32
original estimate from Bonestroo. The reduction in the overall expense would mean less of an 33
impact on the tax payers. Finance Director Beer stated this was the case. 34
35
MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Adopt Resolution 7856, 36
Accepting Work for the 2009/2010 Street and Utility Improvement Project (Area A) and 37
Authorizing Final Payment to North Valley, Inc. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
J. Resolution 7847, Accepting Donation from Bethlehem Baptist Church. 42
43
City Administrator Ericson stated the City received a donation from Bethlehem Baptist Church in 44
the amount of $17,229. These funds represent the second half donation to the City of Mounds 45
Mounds View City Council November 14, 2011
Regular Meeting Page 8
View. The City met with church officials on October 6, 2011 at their facility. Funding 1
possibilities were discussed in detail keeping the church’s mission and the City’s needs in mind. 2
3
City Administrator Ericson reviewed the items identified for funding and recommended the 4
Council accept the donation from Bethlehem Baptist Church. 5
6
Mayor Flaherty requested further information on the portable dance floor. City Administrator 7
Ericson stated it would provide an alternative location for dance/fitness space in the Community 8
Center, creating flexibility and potentially additional revenue for rental of the Community Center 9
room. 10
11
Mayor Flaherty asked for further information on the mobile dental clinic. He felt this was a 12
wonderful program. City Administrator Ericson discussed the mobile dental clinic in detail. 13
14
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7847, Accepting 15
Donation from Bethlehem Baptist Church. 16
17
Ayes – 5 Nays – 0 Motion carried. 18
19
K. Resolution 7853, Authorizing the Purchase of 820 Neptune R900 Meter Read 20
Devices. 21
22
Finance Director Beer indicated this item was discussed at the Council’s last work session. Staff 23
was requesting the Council authorize the purchase of 820 Neptune meter readers. The battery 24
life for these readers was three times longer than the present meter readers and would save the 25
City $40,000 over 20 years. This purchase would allow the City to exclusively use Neptune 26
readers and reduce some software confusion going into the future. 27
28
Council Member Stigney questioned if the R900 was the newest model. Finance Director Beer 29
was uncertain of this, but found that the Neptune readers were far superior to the Sensus models. 30
Public Works Director DeBar confirmed the R900 was the latest and greatest model available 31
from Neptune. 32
33
Council Member Mueller asked if the meters would be changed out quickly or in phases. Public 34
Works Director DeBar anticipated the work would be completed in phases over the next six to 35
nine months. 36
37
Mayor Flaherty encouraged Staff to resell the Sensus meters to another community. Finance 38
Director Beer indicated the City of Columbia Heights would be approached. 39
40
MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7853, 41
Authorizing the Purchase of 820 Neptune R900 Meter Read Devices. 42
43
Ayes – 5 Nays – 0 Motion carried. 44
45
Mounds View City Council November 14, 2011
Regular Meeting Page 9
8. CONSENT AGENDA 1
2
Mayor Flaherty asked to remove Item A from the Consent Agenda. 3
4
A. Resolution 7840, Approving the Joint Powers Agreement Renewal of the 5
Ramsey County GIS User Group. 6
B. Schedule a Public Hearing for Monday, November 28, 2011, at 7:05 p.m. to 7
Consider a Conditional Use Permit for Outside Storage at The Tyson 8
Companies, 4825 Mustang Circle. 9
10
MOTION/SECOND: Mueller/Stigney. To Approve the Consent Agenda Item 8B. 11
12
Ayes – 5 Nays – 0 Motion carried. 13
14
A. Resolution 7840, Approving the Joint Powers Agreement Renewal of the 15
Ramsey County GIS User Group. 16
17
Mayor Flaherty requested Staff make a correction to the Resolution. City Administrator Ericson 18
indicated the change would be made. 19
20
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7840, 21
Approving the Joint Powers Agreement Renewal of the Ramsey County GIS User Group as 22
corrected. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
9. JUST AND CORRECT CLAIMS 27
28
Finance Director Beer answered the Council's questions related to claims. 29
30
MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
10. APPROVAL OF MINUTES 35
A. October 10, 2011, City Council Meeting Minutes. 36
37
Council Member Mueller requested a correction on Page 1, Line 30 and Page 2, Line 36, the 38
name should read Herb. 39
40
MOTION/SECOND: Gunn/Stigney. To Approve the October 10, 2011, City Council meeting 41
minutes as corrected. 42
43
Ayes – 5 Nays – 0 Motion carried. 44
45
Mounds View City Council November 14, 2011
Regular Meeting Page 10
B. October 24, 2011, City Council Meeting Minutes. 1
2
MOTION/SECOND: Mueller/Hull. To Approve the October 24, 2011, City Council meeting 3
minutes as presented. 4
5
Ayes – 5 Nays – 0 Motion carried. 6
7
11. REPORTS 8
A. Reports of Mayor and Council. 9
10
Council Member Mueller noted she met with the Mounds View Business Council last week to 11
discuss some of the economic development opportunities within the community. 12
13
Council Member Mueller indicated she and City Administrator Ericson toured the Ramsey 14
County Dispatch Center last week. She explained she was looking forward to serving as a 15
commissioner. Her first meeting was in December. 16
17
Council Member Mueller stated there would be a Ramsey County League of Local Government 18
meeting on Wednesday, November 16th in White Bear Lake. The Festival in the Park Committee 19
was meeting on November 15th at 7:00 p.m. at City Hall and additional volunteers were still 20
needed to plan next year’s event. 21
22
Mayor Flaherty stated the Ramsey County Board would be voting on the purchase of the TCAAP 23
site on November 15th. This was a milestone for the stadium project and a purchase price has 24
been agreed upon. 25
26
Mayor Flaherty noted residents living in Area E of the Street and Utility Improvement Project 27
should have received an informational letter of an upcoming meeting that would be held on 28
November 21st. He encouraged concerned citizens to attend the meeting to gain further 29
information on next year’s project. The Public Works Department could be contacted as well at 30
763-717-4050. 31
32
B. Reports of Staff. 33
34
1. Police Department Quarterly Report 35
36
Police Chief Kinney reviewed the Police Departments third quarter report with the Council. The 37
crime statistics were noted and there was an increase over last year. He indicated the school 38
resource officer remains busy with school committees and special events. 39
40
Police Chief Kinney explained that Officer Keckeisen acted as a camp counselor for a Safety 41
Camp held at Long Lake in New Brighton. He was very popular with the kids. Officer 42
Keckeisen also coordinated the National Night Out events in the City. 43
44
Mounds View City Council November 14, 2011
Regular Meeting Page 11
Police Chief Kinney was pleased with the attendance and community involvement at the Festival 1
in the Park. 2
3
Police Chief Kinney noted there were three different saturation events during the Third Quarter 4
in Mounds View. He was proud of the officers for the citations and arrests made during these 5
events. He noted the department was extremely pleased to have a canine unit coming to the City. 6
7
Mayor Flaherty questioned where the gun safety training classes were held for Mounds View 8
youth. Police Chief Kinney indicated the training was held at the New Brighton Police 9
Department’s range in the fall of each year. He stated this was a popular class and another 10
session may be held in the spring of 2012. 11
12
City Administrator Ericson had nothing at this time. 13
14
C. Reports of City Attorney. 15
16
City Attorney Riggs had nothing additional to report. 17
18
12. Next Council Work Session: Monday, December 5, 2011, at 7:00 p.m. 19
Next Council Meeting: Monday, November 28, 2011, at 7:00 p.m. 20
21
13. ADJOURNMENT 22
23
The meeting was adjourned at 9:00 p.m. 24
25
Transcribed by: 26
27
Heidi Guenther 28
TimeSaver Off Site Secretarial, Inc. 29
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
November 28, 2011 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:02 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, November 28, 2011, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Stigney. To Approve the Monday, November 28, 2011, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
Beth Rogers, 8405 Red Oak Drive, spoke to the Council regarding the property at 8379 Red Oak 30
Drive. She presented the Council with pictures of the site noting the yard was in great need of 31
cleanup. Ms. Rogers indicated she had been working with Code Enforcement Officer Jeremiah 32
Anderson to bring the property into compliance. She explained the home on this site was 33
condemned and had no electricity or running water. Ms. Rogers requested the City take further 34
action to remediate the site. 35
36
Mayor Flaherty recommended staff prepare the necessary abatement paperwork to assure this 37
property will be improved. 38
39
6. SPECIAL ORDER OF BUSINESS 40
A. Presentation by Jerry Hromatka, President and CEO of Northwest Youth & 41
Family Services 42
43
Jerry Hromatka, Northwest Youth & Family Services (NYFS), updated the Council on the events 44
that took place in 2011. He encouraged those unfamiliar with NYS to review the organization’s 45
Mounds View City Council November 28, 2011
Regular Meeting Page 2
website at www.nyfs.org. Mr. Hromatka reviewed the three main areas of focus for Northwest 1
Youth and Family Services being mental health, youth development and day treatment programs 2
for those ages 5-21. He noted 4,000 youth, families and individuals were helped in 2011. 3
4
Mr. Hromatka reviewed the benefits received by Mounds View residents based on the support 5
given by the City. He indicated the work done in junior high and high school allows youth to 6
begin thinking long term and assist them in planning for the future. A summary of services 7
provided in 2010 and 2011 was discussed. He noted after much discussion, Penny Pinchers was 8
closed. Instead, his staff was now working to coach youth to assist them in finding jobs. He 9
further discussed the trends in the area and thanked the Council for their continued support. 10
11
Council Member Gunn questioned if the level of homeless youth in Mounds View was known. 12
Mr. Hromatka stated the Suburban Ramsey Family Collaborative deals with this issue. He 13
indicated the faith community was also working on homelessness issues. 14
15
Mayor Flaherty thanked Mr. Hromatka for the update and for the work done to better this 16
community. He felt Northwest Youth was working diligently to break cycles and provide people 17
the help they need. He encouraged Mr. Hromatka to speak at the Mounds View Business 18
Council to bring about further awareness of the programs offered by Northwest Youth and 19
Family Services. 20
21
7. COUNCIL BUSINESS 22
A. 7:05 p.m. Public Hearing, Resolution 7857, Approving a Conditional Use 23
Permit for Outside Storage at the Tyson Companies, 4825 Mustang Circle. 24
25
Planning Associate Heller stated Tyson Companies was requesting a conditional use permit to 26
allow for outside storage in an industrial zoning district. The location of the property was 27
reviewed. She noted the outdoor storage would allow for additional business opportunities for 28
Tyson Companies. Staff had no objections to the outdoor storage and recommended approval of 29
the conditional use permit. 30
31
Mayor Flaherty opened the public hearing at 7:39 p.m. 32
33
Hearing no public input, Mayor Flaherty closed the public hearing at 7:39 p.m. 34
35
Council Member Gunn asked if the outdoor storage area would be on the west end of the 36
property. Associate Heller stated this was correct but noted it would vary depending on the 37
amount of space that was available. Council Member Gunn aslo questioned if there would be 38
hazardous material stored at this location. 39
40
Mayor Flaherty questioned if any hazardous materials would be stored outdoors. Dale Tellers, 41
Tyson Companies, indicated this was not the intent behind the request. He noted he does not 42
store hazardous materials inside his building either. Associate Heller noted the fire code would 43
apply to these types of materials and all City regulations would have to be followed. 44
45
Mounds View City Council November 28, 2011
Regular Meeting Page 3
Mayor Flaherty inquired if the height of the materials being stored outside would be higher than 1
the trailers. Mr. Tellers stated he was uncertain at this time, but did not feel the storage would be 2
higher than the trailers. He indicated the Planning Commission discussed limiting the height to 3
ensure the outdoor storage height did not exceed the building height. Associate Heller did not 4
feel height would be a concern as items could not be stacked too high for safety reasons. 5
6
Mayor Flaherty questioned if the Council could set a height restriction within the Resolution. 7
Associate Heller explained the Council could make this a part of the motion. 8
9
Mayor Flaherty was in favor of adding this guideline to assure the neighboring properties were 10
not adversely affected. He suggested a 20 foot height be placed on outdoor materials stored on 11
the property. 12
13
Council Member Mueller supported the 20 foot height restriction. She then asked if empty 14
pallets would be stored outdoors. Mr. Tellers commented this was not his intent. He explained 15
that empty pallets were currently stored within trailers. 16
17
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7857, 18
Approving a Conditional Use Permit for Outside Storage at the Tyson Companies, 4825 Mustang 19
Circle, with a 20 foot height restriction on all stacked outdoor storage items. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
B. Second Reading and Adoption of Ordinance 866, an Ordinance Amending 24
Title 900 by Deleting Chapter 901 of the City Code Pertaining to the Snow 25
and Ice Control Policy. 26
27
Public Works Director DeBar stated that in 1988 the City took over snow and ice removal from 28
the County. A policy was added to the City’s Code prior to this time, which now needed to be 29
eliminated since a new policy was approved. Staff recommended the Council adopt Ordinance 30
866 amending Title 900 by deleting Chapter 901 of the City Code. 31
32
Mayor Flaherty clarified this was the second reading, not the first reading as was noted within the 33
staff report. 34
35
MOTION/SECOND: Gunn/Stigney. To Waive the Second Reading and Adopt Ordinance 866, 36
an Ordinance Amending Title 900 by Deleting Chapter 901 of the City Code Pertaining to the 37
Snow and Ice Control Policy. 38
39
ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
C. Second Reading and Adoption of Ordinance 865, an Ordinance Regulating 44
the Possession, Sale and Consumption of Tobacco and Tobacco Related 45
Mounds View City Council November 28, 2011
Regular Meeting Page 4
Devices and Products within the City of Mounds View. 1
2
City Administrator Ericson stated this item was before the Council for a second reading. He 3
indicated in May of 2011, the Council issued a moratorium regarding the possession, sale and 4
consumption of tobacco and tobacco related products to allow Staff time to revise the City’s 5
Code. He noted the City has been working with the Ramsey Tobacco Coalition to draft an 6
Ordinance, which was first reviewed on November 14, 2011. 7
8
City Administrator Ericson reviewed the text changes to the Ordinance in detail. He clarified the 9
1,000 foot stipulation would apply to new tobacco establishments in the City and not existing. 10
Based on the revisions and updates, Staff recommended the Council adopt Ordinance 865. 11
12
Council Member Mueller requested the sentence regarding the reports and effects of tobacco use 13
be removed from the Ordinance. City Administrator Ericson stated this was a recommendation 14
by the Ramsey Tobacco Coalition but could be removed. 15
16
The Council was in agreement with removing this sentence. 17
18
MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 865, 19
an Ordinance Regulating the Possession, Sale and Consumption of Tobacco and Tobacco 20
Related Devices and Products within the City of Mounds View removing the sentence as stated 21
above. 22
23
ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
D. Resolution 7859, Approving a Cost of Living Adjustment/Insurance 28
Contribution Adjustment for Non-Union Employees, and Approving the 29
Health Insurance Opt-Out Program. 30
31
City Administrator Ericson indicated this request was brought to the Council on an annual basis. 32
He noted the cost of living adjustment being requested for 2012 was 1½%. The insurance 33
contribution adjustment was $917.33 which was $50 higher than in 2011 rates. 34
35
City Administrator Ericson requested the Council also adopt a the health insurance opt-out 36
program to allow employees who receive insurance from other family members to opt-out of the 37
City’s benefits and receive a $200 monthly stipend. This would be a cost savings program to the 38
City. 39
40
Council Member Mueller questioned if an employee were to opt-out of the City’s health 41
insurance, if the employee could return in the future. City Administrator Ericson stated this 42
would be an option. 43
44
Council Member Mueller asked if the League of Minnesota Cities has reviewed the information. 45
Mounds View City Council November 28, 2011
Regular Meeting Page 5
City Administrator Ericson indicated the League does not have such an opt-out policy and the 1
information could be forwarded to the League to assist other communities with the new cost 2
saving measure. 3
4
Council Member Mueller indicated she originally was not in favor of paying a stipend to those 5
who opt-out of the health benefits. However, after discussing it further, she was pleased with the 6
program. Finance Director Beer explained the City would see a $419 savings per month for each 7
employee that opted-out of the program. 8
9
Mayor Flaherty questioned if the City was still in negotiations with the City’s bargaining units. 10
He asked if this Resolution should hold off until negotiations were complete. City Administrator 11
Ericson stated that negotiations were underway and felt that the Resolution should proceed as it 12
set a standard for discussions. He noted the cost of living adjustment has been approved in the 13
past before documents were signed with the bargaining groups. 14
15
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7859, 16
Approving a Cost of Living Adjustment/Insurance Contribution Adjustment for Non-Union 17
Employees, and Approving the Health Insurance Opt-Out Program. 18
19
Ayes – 5 Nays – 0 Motion carried. 20
21
E. Resolution 7860, Committing Community Center Special Revenue Fund 22
Balance for Future Maintenance. 23
24
Finance Director Beer stated this item was a continuation of the implementation of recent 25
governmental accounting standards. He indicated several City funds have been closed and 26
reclassified through these changes. He explained the City would like to have a Community 27
Center Special Revenue Fund to assist the City in tracking the operations of the Community 28
Center. In order to keep this fund, the City needs to commit the fund balance. This fulfills the 29
special revenue fund requirements along with the commitments made to the YMCA. 30
31
Mayor Flaherty asked if the separation was necessary. Finance Director Beer stated in order for 32
this to remain a Special Revenue Fund, the commitment had to be made to the Community 33
Center with the funds allotted for future maintenance. Otherwise, the funds would roll into the 34
City’s general fund. This would remove the ability to track the operations at the Community 35
Center. 36
37
MOTION/SECOND: Stigney/Hull. To Waive the Reading and Adopt Resolution 7860, 38
Committing Community Center Special Revenue Fund Balance for Future Maintenance. 39
40
Ayes – 5 Nays – 0 Motion carried. 41
42
F. Resolution 7861, Authorizing Stork Twin City Testing Corporation to 43
Perform a Preliminary Geotechnical and Environmental Evaluation for Area 44
E of the Street and Utility Improvement Program. 45
Mounds View City Council November 28, 2011
Regular Meeting Page 6
1
Public Works Director DeBar indicated Area E of the Street and Utility Improvement Program 2
has begun the design process. He noted in September, Stantek was contracted to perform design 3
engineering, while also preparing plans and specifications. Part of this process would require 4
some geotechnical and environmental evaluations. 5
6
Public Works Director DeBar explained the City requested proposals from several providers and 7
two companies responded to the City’s request. Stork Twin City Testing Corporation was the 8
low bidder coming in at $5,882. Staff recommended Stork be authorized to perform the 9
preliminary geotechnical and Environmental for Area E. He requested a 10% contingency be 10
written into the contract with the expense not to exceed $6,500. 11
12
Council Member Mueller questioned the meaning of several acronyms. Public Works Director 13
DeBar clarified the definitions with the Council. 14
15
Council Member Mueller asked if the 10% contingency was necessary. Public Works Director 16
DeBar felt this was as it allowed for additional borings to be taken if the engineers felt it was 17
necessary. 18
19
Mayor Flaherty inquired if the City has used Stork Twin City Testing in the past. Public Works 20
Director DeBar noted the City of Mounds View has not but this was a reputable company in the 21
Twin Cities. 22
23
Mayor Flaherty questioned why the third company did not respond. Public Works Director 24
DeBar explained it was his understanding the company was too busy at this time to respond or 25
take on the additional work. 26
27
MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7861, 28
Authorizing Stork Twin City Testing Corporation to Perform a Preliminary Geotechnical and 29
Environmental Evaluation for Area E of the Street and Utility Improvement Program. 30
31
Ayes – 5 Nays – 0 Motion carried. 32
33
G. Resolution 7862, Authorizing Badger State Coating Specialists to Remove 34
Abandoned Telecom Equipment from the Elevated Water Tower. 35
36
Public Works Director DeBar explained the water tower was scheduled to be reconditioned in the 37
spring of 2012. He noted several improvements would be made to bring the tower into 38
compliance. He stated the City had several contracts with telecom companies. Each company 39
would be responsible for removing and replacing the equipment through this reconditioning 40
process. 41
42
Public Works Director DeBar commented there were several pieces of equipment on the water 43
tower that had been abandoned and Staff recommended the Council authorize Badger State 44
Coating to remove these pieces of equipment from the water tower. The cost for this work was 45
Mounds View City Council November 28, 2011
Regular Meeting Page 7
estimated to be $9,500 plus a 10% contingency. This was a budgeted expense and would come 1
out of the City’s water fund. He explained the work would have to be completed before the 2
water tower could be reconditioned. 3
4
Council Member Mueller asked if there would be any salvage value from the items that were 5
going to be removed from the water tower. Public Works Director DeBar did not feel there 6
would be any value as the equipment was 8-9 years old. He noted this project would allow the 7
City to take inventory of the equipment that is on the tower. 8
9
Council Member Stigney requested clarification on the bid pricing and questioned if the pieces of 10
equipment had to be removed. He felt the expense was quite high. Public Works Director 11
DeBar reviewed the contract costs in further detail. He stated the clean up would beneficial as 12
the tower was rusting and deteriorating. In addition the removal of the old equipment would 13
make room for new and improved technology. Finance Director Beer explained that AT&T was 14
interested in locating in the City. 15
16
Mayor Flaherty questioned if the City could recover any other expenses from previous renters. 17
City Attorney Riggs indicated the City does try to protect against this, however, Metricom went 18
out of business and failed to remove their equipment. 19
20
Mayor Flaherty requested Staff seek to recycle or sell as much of the material as possible. Public 21
Works Director DeBar stated if any material has value, this may have been factored into Badger 22
State’s quote. 23
24
Council Member Stigney questioned if Verizon has been contacted to see how the vendor will 25
reconfigure their equipment on the tower. Public Works Director DeBar stated all of the vendors 26
have been made aware of the reconditioning. 27
28
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7862, 29
Authorizing Badger State Coating Specialists to Remove Abandoned Telecom Equipment from 30
the Elevated Water Tower. 31
32
Council Member Stigney questioned what fund would cover this expense. Finance Director Beer 33
stated the water fund would be used for this budgeted expense. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
8. CONSENT AGENDA 38
A. Resolution 7858, Electing to Retain the Statutory Tort Limit on Liability for 39
the 2012 Insurance Policies. 40
B. Set a Public Hearing for Monday, December 12, 2011 at 7:10 p.m., to Review 41
Possible Amendments to the Conditional Use Permit Approved for Outdoor 42
Seasonal Sales at Robert’s Sports Bar and Entertainment, located at 2400 43
County Road H2. 44
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Mounds View City Council November 28, 2011
Regular Meeting Page 8
MOTION/SECOND: Gunn/Stigney. To Approve the Consent Agenda as presented. 1
2
Ayes – 5 Nays – 0 Motion carried. 3
4
9. JUST AND CORRECT CLAIMS 5
6
Finance Director Beer answered the Council's questions related to claims. 7
8
MOTION/SECOND: Mueller/Gunn. To Approve the Just and Correct Claims as presented. 9
10
Ayes – 5 Nays – 0 Motion carried. 11
12
10. APPROVAL OF MINUTES 13
A. November 7, 2011, Executive Session Minutes. 14
15
MOTION/SECOND: Gunn/Mueller. To Approve the November 7, 2011, Executive Session 16
meeting minutes as presented. 17
18
Ayes – 5 Nays – 0 Motion carried. 19
20
11. REPORTS 21
A. Reports of Mayor and Council. 22
23
Mayor Flaherty indicated he received his estimated taxes for 2012; however, the break down did 24
not reflect a zero tax increase. Finance Director Beer explained the State eliminated the market 25
value homestead credit program which assisted with property taxes. The loss of this credit 26
reduced the overall funds available for the City by approximately $400,000. 27
28
B. Reports of Staff. 29
1. Public Works Quarterly Report 30
31
Public Works Director DeBar reviewed his third quarter report with the Council. He indicated 32
the City hired Neil Hiatt in the sanitary sewer division and he was working well for the City. The 33
projects completed this quarter included: completion of Area A, Areas B and C were close to 34
completion. He stated Area D was substantially complete and should be closed out next spring. 35
36
Public Works Director DeBar noted Area E was beginning and engineering services have been 37
ordered. He stated Well 2 was being redesigned to convert it from natural gas to an electrical 38
variable frequency drive. The well would be operational soon and the City would receive a 39
rebate of $7,000-10,000 from Xcel Energy for this piece of equipment. 40
41
Public Works Director DeBar explained that the reroofing of City Hall, along with Well Houses 42
5 and 6 were completed. He reviewed that trail segments 1-5 were in the process of being 43
completed and currently being reviewed by MnDOT. The progress of Lambert Park was 44
Mounds View City Council November 28, 2011
Regular Meeting Page 9
discussed. He noted the shingles would be complete this fall and the building would be used this 1
winter as a shelter for the skating rink. 2
3
Public Works Director DeBar indicated Mustang Drive solicitations would be sent out to assist 4
the City with improving this roadways surface. He commented the City would need to do a full 5
depth reclamation of the street. Public Works Director DeBar explained the City had a Stage I 6
rough draft of the Well Head Protection Program completed. This document was now being 7
reviewed by the State. Stage II was being worked on by City Staff at this time. 8
9
Public Works Director DeBar stated the City had 35 call back events and pumped 157 million 10
gallons of water this past quarter. He discussed the water pumping activities in further detail. He 11
noted the Gopher State One Calls averaged between 100-200 per month. Public Works Director 12
DeBar commented water service repairs were budgeted for $50,000 for the year and the City was 13
currently at $56,000 in Third Quarter. As the City continues to repair more and more water lines, 14
the Council may have to consider a higher service repair fee. 15
16
Council Member Stigney questioned what part of the water lines was covered by the City and 17
which were covered by the homeowner. Public Works Director DeBar stated after reviewing the 18
City Code it appears the water lines are covered from the street to the structure by the City. He 19
stated the lines underneath the home and within the home are the responsibility of the 20
homeowner. 21
22
Council Member Stigney asked who had ownership over the meters. Finance Director Beer 23
indicated new transfers in home ownership have the residents purchasing their own meter. In the 24
past, residents leased a meter. 25
26
Council Member Stigney requested further information on how to opt out provision of the City’s 27
water line protection program. Council Member Mueller recalled that the opt out provision 28
referred to those residents with their own personal well. Public Works Director DeBar stated he 29
would pass this information along to the Council after doing some research. 30
31
Public Works Director DeBar reported 43 miles of street were swept this fall and a great deal of 32
sewer lines were cleaned this year. 33
34
Council Member Gunn questioned if residents should be blowing leaves into the City streets. 35
Public Works Director DeBar indicated City Code disallows this activity. He noted the leaves 36
were harmful to the storm sewer system and its water quality. He encouraged the residents to 37
bring their leaves to the compost site. 38
39
Public Works Director DeBar commented his crew has been busy patching streets and trails 40
throughout the City. He reviewed the road conditions in Area E were in poor condition and 41
noted much of the sewer lines in this area would need replacement to assure that the lines did not 42
back up. 43
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Mounds View City Council November 28, 2011
Regular Meeting Page 10
Public Works Director DeBar noted the Street and Utility Commission had a meeting last week. 1
The group discussed Sunnyside Road. Several residents were interested in removing the 2
Municipal State Aid classification for this roadway. He explained that the City was not 3
interested in the reclassification at this time as it would delay Area E, and disrupt $400,000 in 4
State Aid funds. He questioned if the Council wanted to review this issue further. 5
6
Mayor Flaherty suggested this issue be added to the December 5th work session for further 7
discussion. He encouraged the Staff to invite the interested residents to this meeting. 8
9
City Administrator Ericson explained he would be meeting with Urban Land Institute on 10
November 29th. The “new normal” workshop would be discussed. He noted he would also be 11
meeting with the new YMCA director this week. The renewed interest in the Community Center 12
from the YMCA should greatly benefit the community. 13
14
City Administrator Ericson noted he would be meeting with Greater Metropolitan Housing 15
Corporation this week as well and reviewing the City’s housing program. He stated the 16
qualification criteria would be reviewed and may need to be reevaluated by the Council. He 17
noted the Mounds View School Board was meeting on Thursday evening at 5:30 p.m. at the 18
Snail Lake building. 19
20
City Administrator Ericson suggested the Council hold an Executive Session at 6:00 p.m. on 21
December 12th to review the City Administrator’s performance evaluation. The Council agreed 22
with this recommendation. 23
24
2. Discuss Cancellation of the December 27, 2011, City Council Meeting 25
26
City Administrator Ericson stated historically the Council cancels the second Council in 27
December due to the holidays. He requested the Council discuss the matter further and make a 28
motion if it was the consensus of the Council to cancel the meeting. 29
30
The Council was in favor with the proposed meeting cancellation. 31
32
MOTION/SECOND: Mueller/Gunn. To cancel the regularly scheduled December 27, 2011 City 33
Council meeting. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
C. Reports of City Attorney. 38
39
City Attorney Riggs had nothing additional to report. 40
41
Council Member Mueller questioned if City Attorney Riggs would be attending the December 42
12th meeting. She requested he be present for the planned public hearing. City Attorney Riggs 43
noted he would be in attendance. 44
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Mounds View City Council November 28, 2011
Regular Meeting Page 11
12. Truth in Taxation Meeting: Monday, December 5, 2011, at 6:00 p.m. 1
Next Council Work Session: Monday, December 5, 2011, at 7:00 p.m. 2
Next Council Meeting: Monday, December 12, 2011, at 7:00 p.m. 3
4
13. ADJOURNMENT 5
6
The meeting was adjourned at 9:34 p.m. 7
8
Transcribed by: 9
10
Heidi Guenther 11
TimeSaver Off Site Secretarial, Inc. 12