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Home My WebLink AboutAgenda Packets - 2009/02/09CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA MEETING SIGN IN SHEET DATE: PRINT NAME PRINT FULL ADDRESS SIGNATURE vF_ u ry Gw IMi N Q ld/ I '? G .(d R / £/J P-a7y 2t o NOS ) EcJ u. f,LQ JDi,I-MdA15"MA7J p 3 irn)Eux'a7 6l u S tJ MIkhcL l- AlmNylti'N ZZ73'rvlf Wmc /% J'u0u C,/ Uu 2.213 17 Q r I CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, February 23, 2009 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. Resolution 7413, Authorizing a Residential Kennel License at 2273 Pinewood Drive. B. Resolution 7414, Awarding a Construction Contract for the 2009-2010 Street and Utility Improvement Project. C. Resolution 7415, Establishing the Components of the Private Improvement Program in Conjunction with the Street and Utility Improvement Program. D. Resolution 7412, Approval to Hire Tyler Martin as Public Service Officer. E. Resolution 7416, Authorization to advertise and Hire Public Works Seasonal Employees for 2009. F. First Reading of Ordinance 817, an Ordinance Amending Title 514 of the Mounds View City Code about Therapeutic Massage. G. Resolution 7411, Approving Transfers Between Funds for 2008. H. Recess into Closed Executive Session after this City Council Meeting to Discuss Union Contract Negotiations and Attorney-Client Privilege/Threatened Litigation. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7417, Accepting the 2003 Street Improvement Project and Authorizing Final Payment. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. January 26, 2009, City Council Minutes. B. February 9, 2009, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Community Development Department Annual Report 2. Mounds View City Council/Staff Retreat, February 28, 2009. 3. 2008 Citizenship Award Reminder – Nominations are due on Monday, March 20, 2009 at 4:30 p.m. 4. Accelerate Street Project C 5. New Convention and Visitor’s Bureau C. Reports of City Attorney 12. Next Council Work Session: Monday, March 2, 2009, at 7:00 p.m. Next Council Meeting: Monday, March 9, 2009, at 7:00 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, February 23, 2009 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. Resolution 7413, Authorizing a Residential Kennel License at 2273 Pinewood Drive. B. Resolution 7414, Awarding a Construction Contract for the 2009-2010 Street and Utility Improvement Project. C. Resolution 7415, Establishing the Components of the Private Improvement Program in Conjunction with the Street and Utility Improvement Program. D. Resolution 7412, Approval to Hire Tyler Martin as Public Service Officer. E. Resolution 7416, Authorization to advertise and Hire Public Works Seasonal Employees for 2009. F. First Reading of Ordinance 817, an Ordinance Amending Title 514 of the Mounds View City Code about Therapeutic Massage. G. Resolution 7411, Approving Transfers Between Funds for 2008. H. Recess into Closed Executive Session after this City Council Meeting to Discuss Union Contract Negotiations and Attorney-Client Privilege/Threatened Litigation. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7417, Accepting the 2003 Street Improvement Project and Authorizing Final Payment. 9. JUST AND CORRECT CLAIMS February 23, 2009 City Council Meeting Agenda Page 2 10. APPROVAL OF MINUTES A. January 26, 2009, City Council Minutes. B. February 9, 2009, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Community Development Department Annual Report 2. Mounds View City Council/Staff Retreat, February 28, 2009. 3. 2008 Citizenship Award Reminder – Nominations are due on Monday, March 20, 2009 at 4:30 p.m. 4. Accelerate Street Project C 5. New Convention and Visitor’s Bureau C. Reports of City Attorney 12. Next Council Work Session: Monday, March 2, 2009, at 7:00 p.m. Next Council Meeting: Monday, March 9, 2009, at 7:00 p.m. Item No. 07A Type of Business: CB Meeting Date: February 23, 2009 City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7413, Authorizing a Residential Kennel License for at 2273 Pinewood Drive Background John Munsterman currently owns three dogs (Golden Retriever, Weinmaraner, and a Labrador Retriever) at his residence located at 2273 Pinewood Drive in Mounds View. All three dogs are licensed with the City in accordance with the Mounds View City Code and the property is currently fenced. According to Section 701.04, subd. 8, it states: a. Licensing requirements: The owner of a proposed dog kennel shall submit a license application and present a petition to the Clerk/Administrator signed by more than fifty percent (50%) of all registered landowners or those occupying land within five hundred feet (500’) of the proposed kennel who agree to the establishment of the kennel. The petition shall contain, among other items of information, the number and species of dogs intended to be kept on the premises, whether the yard or kennel area is or will be fenced and whether the dogs would be raised for breeding purposes. Upon the receipt of the petition and license application, the Clerk/Administrator shall present the petition and application to the City Council for their consideration. (Ord. 696, 4-22-02; Ord. 774, 8-14-06) Discussion In the past, a Conditional Use Permit approval and a Public Hearing before the City Council was required for a Residential Kennel License. This requirement was changed when Ordinance 774 was passed on August 14, 2006, by the City Council. Residents who wish to request a Residential Kennel License are now required to submit a petition signed by more than fifty percent (50%) of all registered landowners or those occupying the land within five hundred feet (500’) who agree to the establishment of the kennel and present the petition and application for City Council approval. There is no longer a requirement for a resident to go through the Conditional Use Permit and Public Hearing process. Staff received the necessary application materials, and the petition was signed by residents within a 500 feet radius of 2273 Pinewood Drive. Mr. Munsterman’s petition was verified by staff, and the petition needs one more signature in order for the petition to be valid. Staff has contacted Mr. Munsterman, and it is Staff’s understanding that Mr. Munsterman will try to acquire one more signature prior to the start of this Council Meeting. Staff also requested a police report on the property, and the property owner. (police report attached) All applicable fees have been paid for this license. Staff has received a complaint from a resident neighbor in regard to Mr. Munsterman’s dogs. This resident will be present at this City Council Meeting to discuss their concerns about the dogs. Recommendation If Mr. Munsterman meets all the requirements of the City Code by obtaining one more signature on the petition, then Staff would recommend approval of Resolution 7413, approving a Residential Kennel License located at 2273 Pinewood Drive. However, if Mr. Munsterman does not have enough signatures, then the City Council could either table the action to the next Council Meeting (March 9, 2009), and give Mr. Munsterman two weeks to obtain the required signatures or deny the application for the kennel license. Respectfully submitted, Desaree Crane RESOLUTION NO. 7413 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A RESIDENTIAL KENNEL LICENSE LOCATED AT 2273 PINEWOOD DRIVE FOR JOHN MUNSTERMAN WHEREAS, John Munsterman has applied for a Residential Kennel License located at their residence, 2273 Pinewood Drive; and WHEREAS, the appropriate paperwork, petition and fees have been submitted to the City; and WHEREAS, the petition does contain signatures of more than 50% of all registered landowners or those occupying the land within five hundred feet (500’) of 2273 Pinewood Drive; and WHEREAS, this license will expire on June 30, 2009. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does grant a Residential Kennel License to John Munsterman located at 2273 Pinewood Drive. NOW, THEREFORE, BE IT FURTHER RESOLVED that this license will expire June 30, 2009. Adopted this 23rd day of February, 2009. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (SEAL) Item No. 7B Meeting Date: February 23, 2009 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7414 Awarding a Construction Contract for the 2009-2010 Street and Utility Improvement Project Background: On May 22, 2006 the City Council adopted Resolution 6823 authorizing preparation of a Feasibility Report for the 2007-2008 Street and Utility Improvement Project. On December 11, 2006 the City Council adopted Resolution 6982 approving the Feasibility Report for the 2007-2008 Street and Utility Improvement Project. The 2007-2008 Project was suspended following completion of the Feasibility Report. On October 22, 2007 the City Council adopted Resolution 7176 establishing the Street and Utility Program. The Program includes nine Street and Utility Improvement Projects to be constructed over a ten year period, beginning in 2009 and ending in 2018. On March 24, 2008 the City Council held a Public Hearing and adopted Resolution 7243 ordering the 2009-2010 Street and Utility Improvement Project, based on the Feasibility Report for the 2007-2008 Street and Utility Improvement Project, with the addition of Red Oak Drive north of Sherwood Road. On December 22, 2008 the City Council adopted Resolution 7382 approving the plans and specifications, setting a bid date, and authorizing the advertisement for bids for the 2009-2010 Street and Utility Improvement Project. February 23, 2009 Item No. 7B Page 2 Discussion: Bid Result Summary Bids for the 2009-2010 Street and Utility Improvement Project were opened at 2:00 P.M. on January 29, 2009. Thirteen bids were received on the project. The bids have been tabulated, and a copy of the bid tabulation and cover letter detailing the results of the bids is attached to this Staff Report for reference. The bids received ranged from $3,948,859.33 to $4,736,316.90. This compares to the engineer’s estimate of $4,655,000.00. The low bid was received from North Valley, Inc. From the results it is evident that the timing of the bid opening was very good. There was much competition for the work and the excellent prices were received. One specific good price received was on the bituminous mixture. The estimated price for this material, based on bids from Fall 2008 in other communities, was approximately $60.00 per ton. The actual price in the low bid is approximately $55.00 per ton. This alone results in a savings of approximately $75,000 in construction cost on the project. Staff is familiar with the low bidder, North Valley Inc. They were the contractor on the project to reconstruct the County Highway 10 Frontage Roads in Spring Lake Park in 2007. They were also the sub-contractor for the paving portion of the Hidden Hollow South project within Mounds View. Staff has no reservations regarding award of contract to North Valley Inc. Financing The bid results have been provided to the Finance Director for review. No problems with the financing for this project or the overall Street and Utility Improvement Program are anticipated based on the updated information. Silver Lake Woods The 2009-2010 Street and Utility Improvement Project includes the improvements for Lake Court Drive and Lake Court Circle in the Silver Lake Woods Development. The cost for these improvements is being 100% financed by the Silver Lake Woods Condominium Association, per the Street Transfer Agreement between the Association and the City, dated December 29, 2008. The improvements for the Silver Lake Woods area were identified in separate parts of the bid for purposes of tracking the costs. The street improvements are shown in Part 3 of the bid, while utility improvements are shown in Part 4. A summary of the construction cost for the improvements in Silver Lake Woods, based on the low bid, is shown in the following table. February 23, 2009 Item No. 7B Page 3 2009-2010 Street and Utility Improvement Project Cost for Silver Lake Woods Improvements Item Amount Part 3 – Street Construction $191,485.70 Part 4 – Utility Construction ___8,038.20 Total Estimated Construction Cost $199,523.90 Max. Project Cost Per Agreement $415,000.00 It must be noted that the amount of $199,523.90 shown in the table is for construction only. Costs for legal, engineering, and other activities will need to be added to the construction cost to determine the total amount of the improvements for Silver Lake Woods. Those costs are not yet finalized, as work continues on the documentation for the easements necessary for the construction of infiltration basins along Lake Court Drive and Lake Court Circle. The Street Transfer Agreement identified a maximum cost of $415,000 for the Silver Lake Woods improvements, including construction and all else. Based on the low bid construction cost of $199,523.00, there is more than 100% allowance below the maximum amount stated in the Agreement. Therefore Staff feels comfortable that the actual total project cost will be within the amount stated in the Agreement. Project Schedule: If the City Council wishes to proceed with the project, the upcoming milestones are shown below: February 23, 2009 City Council Awards Construction Contract Early March, 2008 Construction Contracts Executed March 19, 2008 Neighborhood Preconstruction Meeting Held April 2008 Detailed Preconstruction Meeting with Contractor May 2009 Construction Begins The Neighborhood Preconstruction Meeting is scheduled for the evening of Thursday, March 19, 2009. Notices for the meeting will be mailed out the week of March 2nd. The Contractor will have a representative at the Neighborhood Meeting and will also review their proposed phasing for the construction. February 23, 2009 Item No. 7B Page 4 Recommendation: Based on the discussion in this report, Staff recommends that the City Council accept the bids and adopt the attached Resolution 7414 awarding the construction contract for the 2009-2010 Street and Utility Improvement Project to North Valley Inc. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7414 x Bid Tabulation with Cover Letter – Dated January 30, 2009 RESOLUTION 7414 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AWARDING THE CONSTRUCTION CONTRACT FOR THE 2009-2010 STREET AND UTILITY IMPROVEMENT PROJECT AND AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR TO EXECUTE SAID CONTRACT WHEREAS, on May 22, 2006 the City Council adopted Resolution 6823 ordering the Feasibility Report for the 2007-2008 Street and Utility Improvement Project; and WHEREAS, on December 11, 2006 the City Council held a Public Hearing and adopted Resolution 6982 approving the Feasibility Report for the 2007-2008 Street and Utility Improvement Project; and WHEREAS, on February 12, 2007 the City Council adopted Resolution 7018 approving the sufficiency of petition in opposition to the 2007-2008 Street and Utility Improvement Project; and WHEREAS, on March 12, 2007 the City Council adopted Resolution 7045 establishing the Streets and Utilities Task Force; and WHEREAS, on October 22, 2007 the City Council adopted Resolution 7176 approving the Street and Utility Improvement Program based on the recommendations of the Streets and Utilities Task Force; and WHEREAS, on March 24, 2008 the City Council held a Public Hearing and adopted Resolution 7243 ordering the 2009-2010 Street and Utility Improvement Project, based on the Feasibility Report for the 2007-2008 Street and Utility Improvement Project, with the addition of Red Oak Drive north of Sherwood Road; and WHEREAS, on December 22, 2008 the City Council adopted Resolution 7382 approving the plans and specifications, setting the bid date, and authorizing the advertisement for bids for the 2009-2010 Street and Utility Improvement Project; and WHEREAS, pursuant to Resolution No. 7382 sealed bids were received on January 29, 2009, at 2:00 P.M. for the 2009-2010 Street and Utility Improvement Project; and WHEREAS, the low responsive bid was received from North Valley Inc with a Base Bid of $3,948,859.33. Resolution 7414 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1.The Base Bid of North Valley Inc in the amount of $3,948,859.33 for the 2009-2010 Street and Utility Improvement Project is the lowest responsive bid. 2.A contract to perform said work is awarded to North Valley Inc. 3.The Mayor and City Administrator are hereby authorized and directed to enter into a contract with said bidder. 4.The Public Works Department is authorized and directed to return the deposit made for said bids, except the deposit of the successful bidder, which shall be retained until a contract has been signed. Adopted this 23rd day of February 2009. ____________________________________ Joe Flaherty, Mayor (ATTEST) ____________________________________ James Ericson, City Administrator (SEAL) Item No. 7C Meeting Date: February 23, 2009 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7415 Establishing the Components of the Private Improvement Program in Conjunction with the Street and Utility Improvement Program Background: On May 22, 2006 the City Council adopted Resolution 6823 authorizing preparation of a Feasibility Report for the 2007-2008 Street and Utility Improvement Project. On December 11, 2006 the City Council adopted Resolution 6982 approving the Feasibility Report for the 2007-2008 Street and Utility Improvement Project. The 2007-2008 Project was suspended following completion of the Feasibility Report. On October 22, 2007 the City Council adopted Resolution 7176 establishing the Street and Utility Program. The Program includes nine Street and Utility Improvement Projects to be constructed over a ten year period, beginning in 2009 and ending in 2018. On February 11, 2008 the City Council approved Resolution 7223 creating the Streets and Utilities Committee. Among its duties, the Committee was to review non-standard issues for the public improvements on each project within the Program and make recommendation to the City Council. On March 24, 2008 the City Council held a Public Hearing and adopted Resolution 7243 ordering the 2009-2010 Street and Utility Improvement Project, based on the Feasibility Report for the 2007-2008 Street and Utility Improvement Project, with the addition of Red Oak Drive north of Sherwood Road. On September 22, 2008 the City Council adopted Resolution 7338 Approving the Policy to Address Non-Conforming Driveways within the Street and Utility Improvement Program. February 23, 2009 Item No. 7C Page 2 On December 22, 2008 the City Council adopted Resolution 7382 approving the plans and specifications, setting a bid date, and authorizing the advertisement for bids for the 2009-2010 Street and Utility Improvement Project. On January 29, 2009 the bid opening was held for the 2009-2010 Street and Utility Improvement Project. Discussion: Through the development of the 2009-2010 Street and Utility Improvement Project, it has become apparent that there are a number of additional private issues that have the potential to affect the public improvements to be performed. The construction of each project within the Street and Utility Improvement Program will present opportunities for a number of specific improvements that will benefit only an individual property. Examples of such opportunities include: - Repair of an existing sanitary sewer service - Installation of a new sewer and water service for a future lot split - Installation of a second street access (where allowed) - Installation of a non-conforming width street access (where allowed) - Modification of a street access from the existing condition For each of the instances noted above, the individual property owner could pursue the work by hiring a contractor privately. However, Staff recommendation is that the improvements for these situations be included in the public City contract for the street and utility improvement project when possible. There are several reasons why this approach is desirable: - Consistency of work quality - Consistency of price - Warranty on the work - Process is easier for the property owner - Less expense to the property owner - City control over the work and coordination with the street and utility improvement project This list of reasons shows that including these improvements in the public contract will be beneficial to both the City and the property owner. Therefore, in consideration of efficiency, cost, and protection of the public infrastructure, it is recommended that the private improvements in question be included in the City contract as much as possible. This issue was discussed with the City Council at their February 2, 2009 Work Session. The Staff Report prepared for that discussion contains more detailed information on this subject. Please refer to that Staff Report as necessary. February 23, 2009 Item No. 7C Page 3 Policies & Procedures Proceeding with this approach will require that the proper policies and procedures are in place. It is recommended that an Agreement be developed for use between the City and the private property owner for each such improvement, to state in writing the roles and responsibilities of each party. The Agreement could contain standard language and terms, and provide blanks to be completed for each specific application: -Property information -Improvement to be performed -Cost / fee for the work -Method of payment -Signatures For the case of driveway improvements, forms would be included in the Agreement to clarify the work as well as to state requirements for any matching improvements the property owner must perform on their property. During the discussion at the February 2, 2009 Work Session, Council appeared to concur with this proposed approach. Through the course of discussion, our understanding of the Council opinion on several parameters for the policy is as follows: x Agreement required Council and Staff concurred that a signed Agreement between the property owner and City should be required for the improvements. x Financing of the Improvements Resolution 7338 sets this parameter for Non-Conforming Driveways. It states that the property owner will be responsible for 100% of the cost. Council and Staff concurred that this same requirement should be applied to all private improvements performed. Council and Staff concurred that options should be included in the program for immediate payment of the work in full or for financing the improvements over a period of time. Staff was to develop detailed recommendations for the payment procedures. x Setting of Fees The City Council indicated their preference that the costs for the work be based on the construction contract for each project area. February 23, 2009 Item No. 7C Page 4 x Driveway widening within City Code requirements Discussion was held on the specific situation of a property owner with a conforming driveway who wished to widen their driveway, within the maximum width allowed by the City Code. The private improvement that would be provided under the public City contract would only be for the curb cut and the 5-foot deep concrete apron for this “extra width”. Completion of the rest of the driveway for this “extra width” portion would be the responsibility of the property owner. Staff and Council concurred that a time limit should be set by which the property owner should be required to complete the remainder of the driveway. Council stated their opinion that the time limit should be one year. If the property owner does not complete the remainder of the driveway within the time limit, the intent is that the City would have the right to remove the “extra width” of the driveway apron, reducing it back down to the width of the existing driveway. The cost of this removal would also be the responsibility of the property owner. x Work within public right-of-way only It was discussed that for non-conforming driveways approved for this program, as well as for new sanitary sewer and water services, the work would not extend beyond the public right-of-way line. Due to liability, permission, and other reasons, it is not recommended that the City contractor perform work under the City contract on private property. Although not expressly discussed during the Work Session, it must be noted that Staff recommendation is that this condition be applied to replacement of existing sanitary sewer services as well. The work included under the City contract should be limited to that portion within the public right-of-way only. If a property owner wishes to have the segment of their sanitary sewer service from the right-of-way line to their home replaced, they would need to have that work performed under a private contract. The property owner could hire the City contractor to do the work, however the policy should be set such that the portion of the work on the private property be a private contract between the property owner and the contractor. Policy Documents Resolution 7415 has been prepared in accordance with the previous discussion. The Resolution would be intended to adopt the parameters for application of this program for all projects within the overall Street and Utility Improvement Program. February 23, 2009 Item No. 7C Page 5 With adoption of Resolution 7415, it would be inferred that Staff is directed to proceed with the development of the detailed Agreement form, including review by the City Attorney as necessary. Neither the Resolution nor the Agreement form alone will contain all details of this program. However the combination of the two will address all aspects and will be the documentation for the Private Improvement Program In Conjunction With The Street And Utility Improvement Program. Schedules of Cost and Payment The costs for the private improvements that would be included in the 2009-2010 Street and Utility Improvement Project have been determined based on the low bid received. The standard 27% allowance for project costs has been added to the construction costs. This is consistent with the cost estimating performed in feasibility reports for public improvement projects in the City, as well as for the financing analysis for the overall Street and Utility Improvement Program. A summary of the costs have been provided as Exhibit A to Resolution 7415. This has been called the Schedule of Costs to avoid confusion with the Schedule of Fees already in place at the City. It is noted that this Schedule of Costs would apply to the 2009-2010 Street and Utility Improvement Project only. A new Schedule will need to be developed and adopted for each individual project as the overall Street and Utility Program continues. A proposed Schedule of Payment has also been developed and is provided as Exhibit B to Resolution 7415. The schedule provides the two basic options to pay for the improvement immediately, or to request that the costs be assessed. Upon detailed discussion, Staff concluded that there was no need to establish a “down payment” type of scenario. However, Staff did feel that it would be appropriate to establish a sliding scale for the length of assessment based on the cost of the improvement. Staff further recommends that there be a minimum cost for which the assessment option can be used. Staff recommends that the minimum amount be set at $500 for the assessment option. In other words, any improvement of less than $500 would be required to be paid in full at the time the Agreement is signed. This will eliminate the possibility of having to administer assessment rolls for such minor improvements as widening a conforming driveway by a few feet. Unlike the Schedule of Costs, the Schedule of Payment would be intended to apply to the entire Street and Utility Improvement Program, and would only be updated if the need arose. February 23, 2009 Item No. 7C Page 6 Next Steps: If the City Council wishes to proceed with this program to provide for private improvements within the public contracts for the Street and Utility Improvement Program, the next steps would be: -Adopt Resolution 7415 to establish the program components and set the Schedule of Costs and Schedule of Payment -Introductory information on the program would be included in the notices mailed out the week of March 2nd for the upcoming Neighborhood Meeting on the 2009-2010 Street and Utility Improvement Project. -More detailed information would be provided during the presentation at the Neighborhood Meeting on March 19, 2009 -Staff will proceed with development of the Agreement form and associated application forms for the program. The intent would be to have the completed forms available for distribution at the Neighborhood Meeting. Recommendation: Based on the discussion in this report, Staff recommends that the City Council adopt Resolution 7415 establishing the components of the Private Improvement Program in Conjunction with the Street and Utility Improvement Program. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7415 RESOLUTION 7415 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ESTABLISHING THE COMPONENTS OF THE PRIVATE IMPROVEMENT PROGRAM IN CONJUNCTION TO WITH THE STREET AND UTILITY IMPROVEMENT PROGRAM WHEREAS, on May 22, 2006 the City Council adopted Resolution 6823 ordering the Feasibility Report for the 2007-2008 Street and Utility Improvement Project; and WHEREAS, on December 11, 2006 the City Council held a Public Hearing and adopted Resolution 6982 approving the Feasibility Report for the 2007-2008 Street and Utility Improvement Project; and WHEREAS, on February 12, 2007 the City Council adopted Resolution 7018 approving the sufficiency of petition in opposition to the 2007-2008 Street and Utility Improvement Project; and WHEREAS, on March 12, 2007 the City Council adopted Resolution 7045 establishing the Streets and Utilities Task Force; and WHEREAS, on October 22, 2007 the City Council adopted Resolution 7176 approving the Street and Utility Improvement Program based on the recommendations of the Streets and Utilities Task Force; and WHEREAS, on February 11, 2008 the City Council adopted Resolution 7223 establishing the Streets and Utilities Committee; and WHEREAS, on March 24, 2008 the City Council adopted Resolution 7245 appointing members to the Streets and Utilities Committee; and WHEREAS, on March 24, 2008 the City Council held a Public Hearing and adopted Resolution 7243 ordering the 2009-2010 Street and Utility Improvement Project, based on the Feasibility Report for the 2007-2008 Street and Utility Improvement Project, with the addition of Red Oak Drive north of Sherwood Road; and WHEREAS, one of the duties of the Streets and Utilities Committee is to review non-standard issues for projects within the Street and Utility Improvement Program and make recommendation to the City Council; and Resolution 7415 Page 2 WHEREAS, on September 22, 2008 the City Council adopted Resolution 7338 approving the policy to address non-conforming driveways within the Street and Utility Improvement Program; and WHEREAS, on December 22, 2008 the City Council adopted Resolution 7382 approving the plans and specifications, setting the bid date, and authorizing the advertisement for bids for the 2009-2010 Street and Utility Improvement Project; and WHEREAS, pursuant to Resolution No. 7382 sealed bids were received on January 29, 2009, at 2:00 P.M. for the 2009-2010 Street and Utility Improvement Project; and WHEREAS, on February 23, 2009 the City Council adopted Resolution 7414 awarding a construction contract for the 2009-2010 Street and Utility Improvement Project; and WHEREAS, through the course of developing the 2009-2010 Street and Utility Improvement Project it became apparent that the opportunity existed to incorporate certain private improvements with the public improvements to be performed; and WHEREAS, it is recognized that efficiency, economy, and protection of the public infrastructure is enhanced if those certain private improvements are performed under the public contract for the projects within the Street and Utility Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1.A limited amount of private improvements within the public right-of-way will be allowed as part of the construction contracts under the Street and Utility Improvement Program. 2.A signed Agreement between the City and the Property Owner is required for any private improvements to be performed. The signed Agreement must be in place prior to construction of the improvements. Resolution 7415 Page 3 3.The private improvements to be performed must be approved by the City. The types of improvements that will be allowed are: a.Replacement of an existing sanitary sewer service within the public right-of-way. b.Installation of a new sanitary sewer service within the public right-of-way. c.Installation of a new water service within the public right-of-way. d.Modification of a driveway width within the public right-of- way, subject to the requirements of City Code. e.Construction of a non-conforming driveway within the public right-of-way, subject to the requirements of Resolution 7338. f.Additional types of improvements as added in the future by Resolution. 4.The property owner shall pay 100% of all costs associated with the improvements. The cost of the improvements will be stated in the Agreement. 5.The City will adopt a separate Schedule of Cost for each project in the Street and Utility Improvement Program. a.The Schedule of Cost shall identify the basis of cost for each type of private improvement allowed. b.The Schedule of Cost shall be based upon the construction contract for each project in the Street and Utility Improvement Program. c.The Schedule of Cost for the 2009-2010 Street and Utility Improvement Project is included as Exhibit A to this Resolution. Resolution 7415 Page 4 6.The Schedule of Payment for the improvements shall be per Exhibit B to this Resolution. a.The Schedule of Payment is intended to apply for all projects within the Street and Utility Improvement Program. b.The Schedule of Payment is subject to future modification by Resolution. Adopted this 23rd day of February 2009 ____________________________________ Joe Flaherty, Mayor (ATTEST) ____________________________________ James Ericson, City Administrator (SEAL) I. Driveways: A. Widening of existing driveway within City Code maximum1 $30.00 / foot of width beyond existing 1 Includes concrete apron only. B. Non-conforming driveways: 1) Installation of 2nd driveway access2,3 $165.00 base rate + cost per foot based on type Type: Concrete $100.00 / foot of width Bituminous $65.00 / foot of width Gravel $40.00 / foot of width Example:15-foot wide concrete driveway: $165 + (15 x $100) = $1,665.00 2) Driveway width beyond City Code maximum2,3 Type: Concrete $100.00 / foot of width beyond Code Bituminous $65.00 / foot of width beyond Code Gravel $40.00 / foot of width beyond Code 2 Only with approval from City 3 Includes concrete apron and patch to match existing driveway II. Utilities A. Replace existing sanitary sewer service4 $1,275.00 base rate +$22.00 / foot of length B. New sanitary sewer service4,5 $1,575.00 base rate +$25.00 / foot of length C. New water service4,5 $950.00 base rate +$25.00 / foot of length 4 From main to right-of-way line only. 5 For potential lot split - only with City approval RESOLUTION 7415 EXHIBIT A 2009-2010 Street and Utility Improvement Project Private Improvements Schedule of Costs February 2009 Option 1 Payment in full at time of City approval1 1 Payment in full required for amounts less than $500 Option 2 Assessment - cost for improvements added to property taxes Assessment fee - due at time of City approval $35.00 Repayment Schedule Amount Period $500 to $1,000 1 year $1,001 to $5,000 5 years greater than $5,000 up to 10 years Interest rate for assessment:5.50% RESOLUTION 7415 EXHIBIT B Street and Utility Improvement Program Private Improvements Schedule Of Payment February 2009 Item No: 07D Meeting Date: February 23, 2009 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Chief of Police, Mike Sommer Item Title/Subject: Approval to Hire Tyler Martin as Public Service Officer Introduction: The City Council has tentatively approved the hiring of a part time Public Service Officer to fill the current opening. The Police Chief met with the Police Civil Service Commission concerning the procedures for filling the position. The Civil Service Commission has certified the eligibility list for the position. In order of eligibility, the list is as follows: 1. Tyler Martin 2. Jesse Gerhard 3. Brian Micheletti The top candidate on the current police civil service eligibility list for the position is Tyler Martin. A background investigation was completed on Mr. Martin which he passed. Staff from the police department have met with Mr. Martin and recommend he be hired to the position. Recommendation: Staff seeks council approval to proceed with appointing Tyler Martin to the part time position of Public Service Officer at the step one rate of pay ($12.73/hour) for the position as stipulated in the AFSME contract covering this position effective March 2, 2009. Respectfully submitted, Mike Sommer, Chief of Police RESOLUTION NO. 7412 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING TYLER MARTIN TO THE POSITION OF POLICE PUBLIC SERVICE OFFICER WHEREAS, a current opening exists for the part time position of Public Service Officer in the Police Department, and the City Council has tentatively approved filling the position, and; WHEREAS, the Police Civil Service commission certified the top three candidates on the current eligibility list for the position, and the top candidate is Tyler Martin and; WHEREAS, staff of the Mounds View Police Department have met with Mr. Martin and recommends he be appointed to the part-time position of Public Service Officer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: that the Mounds View City Council does hereby appoint Tyler Martin to the position of Public Service Officer at the step one rate of pay ($12.73/hour) for the position effective March 2, 2009. Adopted this 23rd day of February 2009. ______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, Clerk-Administrator (SEAL) Item No. 07E Meeting Date: February 23, 2009 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7416 Approving the 2009 Seasonal Public Works Positions Background On March 26, 2001 the City Council adopted Resolution 5546 that describes the procedure for hiring Seasonal Employees. This resolution requires that the City Council approve all seasonal positions. Discussion Annually the City Council has approved the hiring of seasonal Public Works positions. Resolution 5546 requires that approval take place six weeks prior to actual hire of seasonal employees; therefore, this is typically done early in the calendar year. Seasonal Employees benefit the City by providing labor services that are relatively less expensive and are available during periods of greater labor demand. In return, seasonal employees benefit from the skills and work ethics they learn on the job. As a result, the employees, the City, citizens, and taxpayers all benefit from this program. Historically, there have been three time periods throughout the year when the City has employed seasonal workers. These periods have been: Summer (10 positions), Fall (2 positions), and Winter (1 position). However, for 2009, Staff is recommending decreasing the summer seasonal positions from 10 to 8 positions, due to the potential cuts in state aid. Summer Seasonal Employees – Duties include general Public Works and parks maintenance duties. The employees generally are employed for about three months in the summer – mid-to late-May to mid-to late-August. Typically one Parks Division seasonal employee begins employment in April. Fall Seasonal Employee – There are two (2) seasonal positions, one (1) in Public Works Sewer Division, and one (1) in the Parks Division. Historically, summer positions are extended to cover duties performed in the fall. Staff recommends these seasonal positions be designated as completely separate positions with separate authorizations. Duties performed by the Public Works Sewer Division seasonal employees include working with the two Sanitary Sewer Maintenance employees and the Surface Water / Storm Sewer Maintenance employee to create two separate crews of two employees to maximize efficiency. The duties of the fall seasonal employee in the Parks Division include fall activities such as leaf clean up and providing assistance to both Public Works and Parks in year-end maintenance activities. These positions would start approximately in late August. The Parks Division seasonal employee would work until the end of November. The Public Works Sewer seasonal employee would work until the end of December, weather permitting. Winter Seasonal Employee – This represents one seasonal position that was previously referred to as the Ice Rink Maintenance position. The main duty of this position is to service and maintain the City’s ice rinks and warming houses. This position typically runs from December to February of the following year. In 2006, the City hired a part-time Public Works intern. This part-time intern position has assisted with numerous activities associated with public improvements needed to meet the City’s goals. This position has also allowed the City to provide better communication and increased level of service to the citizens of Mounds View. Proposal for 2009 Seasonals: In 2008, new hires started at the hourly rate of $11.00/hr with the possibility of advancing to $11.50/hr after one month of satisfactory performance. Returning seasonal workers, along with the engineering intern, were compensated at $11.75/hr. Staff recommends the same compensation for 2009. Each summer seasonal employee will work 40 hours per week. The fall seasonal employee and ice rink employee may also work 40 hours per week: however, hours may be fewer. All seasonal positions will remain on staff for a period no longer than six months. Part-time Seasonal Employee: In 2008, the City Council approved a part-time seasonal employee position. The part-time seasonal employee position was advertised with the requirement that a successful applicant would possess a Class A water license. William Hanggi, formally the City’s Lead Utility Worker, is available and is willing to come back to the City as a Part-time seasonal again for 2009. Staff is recommending that the City again attempt to take advantage of this opportunity. Being employed by the City for over 33 years, Mr. Hanggi would be a great asset to help assist the Public Works Department with the Streets and Utilities Project by marking locates (assisting the department in locating water lines, sewer lines and curb stops). Mr. Hanggi, being a former senior employee, was a great asset and information resource for the City for 2008. The wage for the part-time seasonal employee position would be set at $13.25 per hour, as it was last year. This part-time seasonal position will be established for a period no longer than six months. City Council approval will be required should Staff recommend an extension of this part-time employment. Recommendation: Staff recommends that the Council approve the 2009 Seasonal Public Works Positions. Respectfully Submitted, Desaree Crane RESOLUTION 7416 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE 2009 SEASONAL PUBLIC WORKS POSITIONS WHEREAS, Resolution 5546 requires that seasonal positions must be approved by the Mounds View City Council; and WHEREAS, Seasonal Employees benefit the City by providing labor services that are relatively less expensive and are available during periods of greater labor; and WHEREAS, the City of Mounds View Public Works Department does have a need to hire seasonal employees; and WHEREAS, the Public Works Department is recommending that seasonal positions be approved for three periods throughout 2009; and WHEREAS, said periods are: Summer, Fall, and Winter; and WHEREAS, for 2009, Staff is recommending that new hires start at the hourly rate of $11.00/hr with the possibility of advancing to $11.50/hr after one month of satisfactory performance and returning seasonal workers, along with the engineering intern, would be compensated at $11.75/hr; and WHEREAS, Staff is recommending that the City again create a part-time seasonal employee position in 2009; and WHEREAS, the part-time seasonal employee position would be advertised and would require that a successful applicant possess a Class A water license. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The 2009 Summer Seasonal Public Works Positions are approved – a total of eight (8) positions. These positions would start in approximately mid-to late-May 2009 and terminate in mid-to late- August 2009. However, one Parks Division seasonal employee typically begins employment in April. 2. The 2009 Fall Seasonal Public Works Positions are approved - a total of two (2) positions. One position in the Public Works Sewer Division and the other in the Parks Division of Public Works. These positions would start approximately in mid-to late-August 2009. The Parks Division seasonal employee would work until the end of November. The Public Works Sewer seasonal employee would work until the end of December, weather permitting. 3. The 2009 Winter Seasonal Public Works Position is approved - a total of one (1) position. This position would start approximately in early December 2009 and terminate in March of 2010. 4. All Public Works seasonal positions will be filled, with new hires starting at an hourly rate of $11.00/hr with the possibility of advancing to $11.50/hr after one month of satisfactory performance. Returning seasonal workers and the engineering intern will be compensated at an hourly wage of $11.75/hr. 5. Each seasonal position will work forty (40) hours per week; however the Fall and Winter positions may work less than forty (40) hours per week. 6. All Public Works seasonal positions will remain on staff for a period no longer than six months. 7. The 2009 part-time seasonal employee position is herby approved with the requirement that a successful applicant would possess a Class A water license, and be compensated at $13.25/hour. 8. This part-time seasonal position will be established for a period no longer than six months. City Council approval will be required should Staff recommend an extension of this part-time employment. Adopted this 23rd day of February 2009. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk- Administrator (SEAL) Item Number: 07F Meeting Date: February 23, 2009 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: First Reading of Ordinance 817, an Ordinance Amending Title 500 of the Mounds View City Code Pertaining to Therapeutic Massage. Background Due to the license revocation of the Jian Kang Massage business on January 5, 2009, Staff asked the City Attorney to review the City Code pertaining to therapeutic massage therapy. Specifically, Staff asked the City Attorney to review the eligibility and suspension/revocation requirements to ensure there are enough parameters in the code for compliance. The City Attorney proposed some language changes in the Therapeutic Massage Code, and these changes were discussed at the February 2, 2009, Work Session. Discussion Attached is Ordinance 817, drafted by the City Attorney, which revises sections 514.09, 514.13, and 514.14 of the Code. Many of the revisions are minor, but the main revision pertains to persons ineligible to hold this type of license. The new language would require the business owner to continually be of good moral character. The old language would only require this when the licensed was issued. The business owner would be required to continually be eligible for a Therapeutic Massage License. Section 514.14 of the Therapeutic Massage Code was also revised by the City Attorney in order to conform to Minnesota Statute 364.04. The City Attorney will be present at this meeting to answer any questions you may have about the changes. Per the City Council’s request at the February 2nd Work Session, attached is the complete Therapeutic Massage Code. Recommendation Please review and accept the first reading of Ordinance 817. Ordinance 817 is scheduled for a second reading and adoption at the March 9, 2009, City Council Meeting. Respectfully submitted, Desaree Crane 346042v2 SJS MU125-65 1 ORDINANCE NO. 817 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, OF THE MOUNDS VIEW CITY CODE REGARDING THERAPEUTIC MASSAGE SECTION 1. The City Council of the City of Mounds View hereby amends Title 500, Section 514.09 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 514.09: PERSONS INELGIBLE FOR TO HOLD A LICENSE: Subd. 1. Therapeutic Massage Enterprise License: A therapeutic massage enterprise license may not be issued to or held by an individual who: a. Is a minor at the time the application is filed; b. Has been convicted of any crime directly related to the occupation licensed as prescribed by set forth in Minnesota Statutes, sSection 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, sSection 364.03, subdivision 3; c. Is not of good moral character or repute; d. Is not the real party in interest of the enterprise; e. Has misrepresented or falsified information on the license application. Subd. 2. Therapeutic Massage Therapist License: A therapeutic massage therapist license may not be issued to or held by a person who could not qualify for a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise license. SECTION 2. The City Council of the City of Mounds View hereby amends Title 500, Section 514.13 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 514.13: LICENSE TERM; RENEWALS: Licenses expire annually on December 31. The license fee will be prorated in thirty (30) day increments for licenses issued after June 30. The Clerk-Administrator must prepare an application form for the renewal of a license requiring information that the manager he or she determines 346042v2 SJS MU125-65 2 necessary for consideration of the renewal. The renewal application must be made no later than November 30. SECTION 3. The City Council of the City of Mounds View hereby amends Title 500, Section 514.14 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 514.14: SUSPENSION; REVOCATION: A license granted under this Section may be suspended or revoked by the City Council by resolution upon notice and public hearing for any violation of this Chapter, a conviction of any crime or misdemeanor directly related to the therapeutic massage occupation unless competent evidence can be shown of sufficient rehabilitation and present fitness to perform the duties of the occupation as set forth in Minnesota Statutes Section 364.04 or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting business. SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on Monday, February 23, 2009. Second Reading and Adoption by the Mounds View City Council on Monday, March 9, 2009. Publication Date: March 19, 2009. Joe Flaherty, Mayor Attest: ______________________________ James Ericson Clerk-Administrator (seal) Item No. 7G Meeting Date: February 23, 2009 Type of Business: Council Business Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7411 Approving Transfers Between Funds for the Year 2008 The City Council included a variety of transfers between funds as part of the 2008 budget. They are listed in the attached resolution in the Budgeted Amount column. Resolution 7411 formally authorizes the listed transfers between funds for the year 2008. Some of the transfers can be adjusted. Staff recommends that the transfer to the Community Center Fund from the General Fund be reduced by $10,000 to reflect the improved performance of the Banquet Center. Transfers to the Storm Water and Sewer funds for equipment purchases can be cancelled because the purchases were deferred. Transfers from TIF Districts 1, 2, and 3 to support the EDA operations and projects can be reduced to $45,000 each, some of the budgeted activities in the EDA fund did not occur thus reducing the need for a higher transfer amount. Transfers from TIF District 5 to the EDA fund should be reduced to correspond to 5% of the increment paid to the developer. Transfers between the TIF funds were requested by the State Auditor with regard to reclassifying amounts in our 2007 TIF reports. For 2008, amounts were budgeted in the Water Fund ($30,000), Sewer Fund ($60,000), and Storm Water Fund ($10,000) to help cover part of their respective capital improvements during street reconstruction, in account 7050. Staff is recommending that these amounts be reclassified as transfers (account 9900) to the Street Improvement Fund. This will help keep the financing plan on track. Staff is recommending approval of resolution 7411 approving transfers between funds. Respectfully Submitted, ____________________ Mark Beer RESOLUTION NO. 7411 CITY OF MOUNDS VIEW County of Ramsey State of Minnesota APPROVING TRANSFERS BETWEEN FUNDS FOR THE YEAR 2008 WHEREAS, the City has adopted budgets for various funds for 2008 that included inter-fund transfers for various purposes; and WHEREAS, it is possible to reduce the transfer to the Community Center Special Revenue Fund due to positive 2008 financial results; and WHEREAS, some equipment in the Storm Water and Sewer funds was not purchased; and WHEREAS, some activities and projects budgeted for in the Economic Development Authority Fund did not occur which eliminates the need to make the full budgeted transfers. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the following transfers for the calendar year 2008 are hereby approved up to the amounts listed in the Actual column: From To Budget Actual Water Fund General Fund $58,115 $58,115 Sewer Fund General Fund 46,030 46,030 Street Light Fund General Fund 2,060 2,060 Special Projects Fund General Fund 90,000 90,000 Levy Reduction – permits General Fund 80,000 80,000 Levy Reduction General Fund 249,000 249,000 Vehicle & Equipment General Fund 117,250 117,250 DARE Fund General Fund 4,393 4,393 General Fund Community Center 185,000 175,000 General Fund Vehicle & Equipment 175,000 175,000 Water Fund Vehicle & Equipment 20,000 20,000 Sewer Fund Vehicle & Equipment 36,000 36,000 Storm Water Fund Vehicle & Equipment 6,000 6,000 Vehicle & Equipment Sewer Fund 36,000 - Vehicle & Equipment Storm Water Fund 40,000 - Water Fund Street Improvement Fund - 30,000 Sewer Fund Street Improvement Fund - 60,000 Storm Water Fund Street Improvement Fund - 10,000 TIF District #1 TIF Bonds 01A 124,100 124,100 TIF District #1 EDA 111,194 45,000 TIF District #2 EDA 111,193 45,000 TIF District #3 EDA 111,193 45,000 TIF District #5 EDA 35,781 33,592 TIF District #1 TIF District #2 - 6,132 TIF District #2 TIF District #1 - 40,747 TIF District #3 TIF District #2 - 54,846 BE IT FURTHER RESOLVED that the 2008 budgets for the Water Fund, Sewer Fund, and Storm Water Fund, be amended by reducing account 7050 in each fund and increasing transfers to the Street Improvement Fund by the respective amounts listed above. Passed and adopted this 23rd day of February, 2009. _____________________________ Joe Flaherty, Mayor ATTEST: _____________________________ James Ericson, City Administrator (seal) Item No: 08A Meeting Date: February 23, 2009 Type of Business: CA City Administrator Review: __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2009. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2008. The majority of the licenses are renewals, so at a minimum, they were licensed in 2008. The type of license they are applying for follows the company name. Classic Asphalt & Sealcoating Co. Asphalt Renewal Precision Landscape & Tree Tree Trimming/Removal Renewal St. Paul Plumbing & Heating Co. HVAC Renewal Staff Recommendation: Approve license applications as requested. Item No. 8B Meeting Date:February 23, 2009 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7417 Accepting the 2003 Street Improvement Project and Authorizing Final Payment Background: On October 13, 2003 the City Council adopted Resolution 6109 authorizing the preparation of plan and specifications for the 2003 Street Improvement Project. On January 26, 2004 the City Council adopted Resolution 6166 approving the Feasibility Report and setting a Public Improvement Hearing date for the 2003 Street Improvement Project. On February 23, 2004 the City Council held the Public Improvement Hearing on the 2003 Street Improvement Project and adopted Resolution 6185 to Order the Project. On March 22, 2004 the City Council adopted Resolution 6201 approving the plans and specifications, setting a bid date, and authorizing the advertisement for bids for the 2003 Street Improvement Project. On May 24, 2004 the City Council adopted Resolution 6268 awarding a construction contract for the 2003 Street Improvement Project to Hardrives Inc. of Rogers, Minnesota in the amount of $1,674,769.46 Discussion: Hardrives Inc. has requested that acceptance and final payment be made by the City for the 2003 Street Improvement Project. All work has been satisfactorily completed in accordance with the contract plans and specifications. The necessary contract documents have been provided. A copy of Request for Payment No. 9 & Final is included with this Staff Report, along with a project summary letter providing a recap of the construction scope, schedule, and cost. The original contract amount as awarded was $1,674,769.46. This included the base bid plus the alternate for the reconstruction of the parking lot at Lakeside Park. One Change Order was issued during the course of the project, with a value of $11,370.75. The actual final construction cost is $1,617,227.27. The final payment amount is $16,172.28, which consists only of releasing the current project retainage. A summary of the contract and final construction costs is shown in the following table: 2003 Street Improvement Project Construction Contract Summary Item Amount Base Bid $1,574,804.21 Alternate No. 2 – Lakeside Park $99,965.25 Total Original Contract Award $1,674,769.46 Change Order No. 1 $11,370.75 Total Project Contract $1,686,140.21 Total Construction Cost $1,617,227.27 Difference ($68,912.94) Spring Lake Park Financial Responsibility The 2003 Street Improvement Project included Hillview Road and the parking lot at Lakeside Park. Both of these facilities are jointly owned and maintained by Mounds View and Spring Lake Park. The cities entered into an Agreement on May 14, 2004 for the cost sharing of the work to be performed under the project. The cost for Lakeside Park was to be shared equally between the cities. The costs for the utility and street improvements on Hillview Road were to be allocated per the Feasibility Report for the project. The final costs for the project have been determined. A summary of the portion to be assigned to Spring Lake Park is shown in the following table. The estimated responsibility of Spring Lake Park as stated in the Agreement between the cities is also shown for purposes of comparison. Spring Lake Park Summary of Costs 2003 Street Improvement Project Item Final Project Amount Agreement Estimate Hillview Road $44,922.90 $52,650.00 Lakeside Park Parking Lot $62,589.70 $56,500.00 Total – Spring Lake Park $107,512.60 $109,150.00 As seen in the table, although the individual amounts for Hillview Road and Lakeside Park differ by a greater amount, the total actual final project amount for Spring Lake Park is very close to the original estimated amount per the Agreement. The final cost for Spring Lake Park is approximately 1.5% lower than the original estimate. A detailed letter regarding this cost breakdown has been provided from Bonestroo to the Finance Director, for purposes of invoicing Spring Lake Park for their final amount. Please refer to that letter if more detail regarding the cost allocation is desired. Recommendation: Resolution 7417, accepting the project and authorizing final payment to the contractor, has been prepared and is included with this Staff Report. Staff recommends that the City Council adopt the resolution and make final payment for the 2003 Street Improvement Project to Hardrives Inc. in the amount of $16,172.28. Respectfully submitted, Joseph R. Rhein, Consulting Engineer Attachments: - Resolution 7417 - Project Summary Letter – February 18, 2009 - Request for Payment No. 9 & Final RESOLUTION 7417 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ACCEPTING THE 2003 STREET IMPROVEMENT PROJECT AND AUTHORIZING FINAL PAYMENT WHEREAS, Hardrives Inc. has requested that acceptance and final payment be made by the City for the 2003 Street Improvement Project; and WHEREAS, all work has been satisfactorily completed in accordance with the contract plans and specifications; and WHEREAS,the original contract amount as awarded was $1,674,769.46; and WHEREAS, Change Order No. 1 in the amount of $11,370.75 was approved during the course of the project, resulting in a revised contract amount of $1,686,140.21; and WHEREAS,the actual final construction cost is $1,617,227.27 and the final payment amount is $16,172.28. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The 2003 Street Improvement Project is hereby accepted. 2. Final payment to Hardrives Inc. in the amount of $16,172.28 is hereby authorized. Adopted this 23rd day of February 2009. ____________________________________ Joe Flaherty, Mayor (ATTEST) ____________________________________ James Ericson, City Administrator (SEAL) Corrections made by Clerk-Administrator Ericson, Community Development Director Roberts, Assistant City Clerk-Administrator Crane Clerk PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 January 26, 2009 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 21 A. Monday, January 26, 2009 City Council Agenda. 22 23 MOTION/SECOND: Mueller/Gunn. To Approve the Monday, January 26, 2009 agenda as 24 presented. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 None. 31 32 6. SPECIAL ORDER OF BUSINESS 33 34 A. Presentation by Senator Betzold and Representative Tillberry to discuss the 35 2009 State legislative session with the City Council. 36 37 Senator Betzold and Representative Tillberry addressed the Council and updated them on the 38 2009 State legislative session. They advised of the projected $4.8 billion deficit by June 30, 39 2011 and issues being faced to balance the budget, as required by the State’s Constitution. He 40 stated the Senate has a duty to balance the budget and welcomes the City’s input. 41 42 Representative Tillberry stated many did not see this large deficit coming but several years ago, a 43 conference with economists had believed, based on the demographics of Minnesota, it may be 8 44 to 10 years out. However, none expected this for our nation, State, Counties; the mixing of a 45 Mounds View City Council January 26, 2009 Regular Meeting Page 2 perfect economic storm. He advised that everything will be on the “table” for budget cuts. 1 Representative Tillberry expressed concern that previous cuts have reduced the number of 2 auditors available who assure deposits are made and finances correctly handled. On a City level, 3 he indicated that State mandates may be addressed and input from the City is needed because no 4 one can solve the budget deficit on their own. 5 6 Council Member Stigney stated it would provide some balance for loss of LGA if cities did not 7 have to pay sales tax on purchases. Senator Betzold reviewed the history of LGA and requiring 8 cities to pay sales tax, noting that not requiring cities to pay sales tax would “make the hole 9 deeper” so he does not see that happening. 10 11 Council Member Stigney stated since LGA has been eliminated, he would like the Legislature to 12 readdress the big picture. Representative Tillberry stated he will be meeting with the Chair of 13 Property Tax Division, which may be looking at LGA or mandates. Also, related to the K-12 14 Finance Committee, he has been asked to head up the mandate piece and see what is there. 15 16 Senator Betzold reviewed the cuts made to address the State’s $4.3 billion deficit in 2003, 17 making about $1.3 billion in actual cuts and using budget reserves. With the current budget 18 deficit, the State does not have the tobacco endowment, fees are almost maxed out, and the cuts 19 made in 2003 cannot be cut again. 20 21 Council Member Gunn asked how far the State will go to assure the Northwest Airline (NWA) 22 jobs remain in Minnesota, noting the unemployment rate predicting up to 10%. Senator Betzold 23 advised Senate hearings were held last week and the Senate Counsel indicated we don’t need any 24 legislation to change the law, which required NWA to maintain headquarters in return for the 25 assistance given for their maintenance building in 1990s. However, NWA has gone through 26 bankruptcy, which allows them to not abide by some of the agreements. 27 28 Clerk-Administrator Ericson stated the City understands the comment about not being able to 29 make the same cuts a second time, noting that Mounds View went through that when LGA was 30 cut. He pointed out that Mounds View will deal with the loss of several hundred thousand 31 dollars in potential lost aid. The City cannot recertify a levy that has already been adopted and 32 has no mechanism to raise funds. He stated it is acknowledged that all need to do their part and 33 maybe levy limits can be eliminated in 2010, or mandates and administrative offenses. Clerk-34 Administrator Ericson stated cities have their budget in place and if LGA will be lost, need some 35 type of mechanism to recover those funds. 36 37 Representative Tillberry stated he fully understands what the City is talking about and all are 38 trying to determine how cuts can be made. The concern is that if something is cut in one area, 39 like a program, those people may just be transferred into another program or may end up on 40 unemployment. He advised they have also addressed the issues of “fairness,” such as with cities 41 that receive no LGA, and how cuts can be equitable across the system. 42 43 Senator Betzold referenced Governor Pawlenty’s promise to not raise taxes or cut LGA and 44 change in that position when faced with huge deficits in 2003. In addition, many State programs 45 Mounds View City Council January 26, 2009 Regular Meeting Page 3 shifted to local property taxes and levy limits were placed. Senator Betzold stated you cannot cut 1 your way or tax your way out of this budget deficit. 2 3 Representative Tillberry advised of the Governor’s visit to the beginning House caucus and 4 indication that Minnesota saw it fit to have a Republican Governor and Democrat House of 5 Representatives, and to ask how they can best work together. He stated he found Governor 6 Pawlenty to be impressive in opening himself up to questions. 7 8 Finance Director Beers asked if the State would address the suggestions presented by the Blue 9 Ribbon Panel. Senator Betzold stated the suggestions will be taken very seriously and he 10 anticipates they will implement many of them. 11 12 Council Member Mueller expressed concern that the Health and Human Services budget will be 13 cut; noting people whose unemployment benefits are running out will need services. 14 Representative Tillberry agreed that it does not help to close out one program only to shift the 15 person to another program. Senator Betzold advised that unemployment benefits will be 16 extended and they also are working on a bonding bill to get jobs going. 17 18 Mayor Flaherty thanked Senator Betzold and Representative Tillberry for providing this update. 19 He stated many people are asking what happened to get $4.8 billion in debt and saying 20 Legislators and Senators are not doing the job. However, the deficit is not from overspending 21 but because the budget was balanced based on revenues to be received, which did not happen. 22 He stated his concern about cutting auditors from the budget because that function is needed. 23 24 Mayor Flaherty stated Mounds View was told by that LGA would be received and adopted a 25 budget based on that and approved the levy. Now Mounds View has been told that $640,000 of 26 2009 LGA will not be coming. Mayor Betzold stated it is not fair to ask the cities who were to 27 get LGA to find a way to come up with that funding. Mayor Flaherty asked Senator Betzold and 28 Representative Tillberry to keep an eye on LGA for Mounds View, remove levy limits, and 29 mandates. He also asked them to watch legislation related to the extension of runways at the 30 Anoka County Blaine airport that is being discussed among Anoka County Commissioners. 31 32 B. Resolution 7401, A Resolution of Appreciation to Russ Warren, Streets and 33 Utilities Committee. 34 35 Mayor Flaherty read in full and presented a Resolution of Appreciation to Russ Warren, for his 36 work on the Mounds View Streets and Utilities Committee. 37 38 Mr. Warren thanked the City for the opportunity to serve on the Committee, saying it got off to a 39 good start. 40 41 7. COUNCIL BUSINESS 42 43 A. Resolution 7387, Authorizing Abatement of Nuisance Code Violations at 44 8379 Red Oak Drive, Mounds View, MN 55112. 45 Mounds View City Council January 26, 2009 Regular Meeting Page 4 1 Community Development Director Roberts reviewed the past action at 8379 Red Oak Drive to 2 gain code compliance through cleanup of debris in the yard. On December 22, 2008, the Council 3 tabled action for 30 days to give the property owners additional time. During the last month 4 improvements have been made to the property. The revised resolution indicates the City will not 5 do any abatement until at least May 1, 2009, giving family until then to complete cleanup. If not 6 done by that date, the City will do the abatement and certify costs without further Council action. 7 8 Mayor Flaherty asked if anyone was present to speak to this matter. No one responded. 9 10 Council Member Hull asked whether the property owner was comfortable with staff’s 11 recommendation. Community Development Director Roberts advised the Council that staff 12 spoke to Ann Moe who indicated they would do their best. 13 14 Council Member Mueller stated this is a difficult situation and she is glad the City is being 15 flexible and taking into account the loss of a family member and an elderly parent who is being 16 assisted by her children. 17 18 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7387, 19 Authorizing Abatement of Nuisance Code Violations at 8379 Red Oak Drive, Mounds View, 20 MN 55112. 21 22 Mayor Flaherty commended Housing/Code Enforcement Inspector Anderson for his handling of 23 this nuisance violation and the residents for making progress during this cold weather time. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 B. Resolution 7404, Authorization to Create an Eligibility List to Fill a Police 28 Officer Position. 29 30 Police Chief Sommer explained they anticipate an opening in early April of 2009 due to 31 retirement. He presented staff’s recommendation to create a Police Civil Service eligibility list, 32 advertise the position, test and rank applicants, certification of the applicant by the Civil Service 33 Commission, and make a recommendation to the Council for hire. The resolution would also 34 authorize staff to fill that position effective when the retirement occurs. Police Chief Sommer 35 noted there would be a cost savings when compared to the pay level of a retiring officer. 36 37 Mayor Flaherty asked if anyone was present to speak to this matter. No one responded. 38 39 Council Member Mueller asked if a service gap would occur if this decision is postponed. Police 40 Chief Sommer advised that it takes a minimum of two months to hire an officer so a decision is 41 needed soon to assure no there is no gap in coverage. He explained that if an experienced officer 42 was being considered, at a higher salary, the decision would be brought before the Council. 43 44 45 Mounds View City Council January 26, 2009 Regular Meeting Page 5 Council Member Gunn stated her support for the resolution considering the survey results 1 indicated a high priority on being safe and feeling safe in the community. She stated this was 2 solely to the thanks of the Police Department. 3 4 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Approve Resolution 7404, 5 Authorization to Create an Eligibility List to Fill a Police Officer Position. 6 7 Council Member Stigney stated he has no objection to creating the eligibility list but is concerned 8 about authorizing hiring at this time. He noted the Council does not yet know what will happen 9 with the budget and maybe the State will do something to help. 10 11 AMENDMENT MOTION/SECOND: Stigney/Hull (for discussion purposes). To Waive 12 Reading and Approve Resolution 7404, Authorization to Create an Eligibility List to Fill a Police 13 Officer Position, as revised to remove the “Now Therefore be it Further Resolved” paragraph. 14 15 Council Member Mueller stated while she understands the concern, thinks there are other places 16 in the budget that can be cut besides Public Safety. She stated Police Chief Sommer runs a “lean 17 department” and is recommending this action. She supports doing so as quickly as possible and 18 noted the survey results indicated the importance of Public Safety. 19 20 Council Member Hull stated he would ordinarily agree with Council Member Stigney on staff 21 issues of this sort but in 2003 or 2004 residents raised the levy to hire two officers, showing they 22 are wiling to pay more in taxes to have good police services. Also, when considering combining 23 police services with another community, residents were adamantly opposed to it. Because of 24 those two issues, he does not support the motion amendment. 25 26 Council Member Gunn agreed that residents spoke in the referendum that they want a well-27 staffed police force to protect this community. She felt that with a rise in some crimes, it is 28 important for residents to have that comfort level, which is thanks to the Police Department. 29 30 Council Member Stigney clarified the amendment is not to make a cut in Public Services but to 31 create the eligibility list and, once completed, the Council can consider giving authorization to 32 hire or not hire. He felt giving that authorization at this time would tie the Council’s “hands” 33 before it knows the budget situation. 34 35 Mayor Flaherty noted the survey clearly indicates that Public Safety is very important to the 36 community and is the most visible service provided to residents. Also, as Council Member Hull 37 indicated, citizens stepped forward and voted to pay for excellent police services. He agreed that 38 everything is on the table when considering the budget, and tonight the discussion is on Public 39 Safety. Mayor Flaherty stated his support for a seamless transition between the retiring officer 40 and new officer so he favored adoption of the resolution. 41 42 Vote on amendment: Ayes – 1 (Stigney) Nays – 4 Amendment motion failed. 43 44 Vote on original motion: Ayes – 4 Nays – 1 (Stigney) Motion carried. 45 Mounds View City Council January 26, 2009 Regular Meeting Page 6 1 8. CONSENT AGENDA 2 3 Councilmember Gunn asked to remove Item B. Council Mueller asked to remove Item D. 4 5 A. Licenses for Approval. 6 B. Resolution 7405, Approving a Charitable Gambling Permit for the Blaine 7 Jaycees to Conduct Charitable Gambling at Robert’s Sports Bar and 8 Entertainment. 9 C. Resolution 7363, Approving the Agency Delegated Contract Process 10 Agreement with the Minnesota Department of Transportation. 11 D. Set Public Hearing for February 9, 2009 at 7:05 p.m. for a Major Subdivision 12 at Mermaid (2200 Highway 10). 13 14 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda Items A and C. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 B. Resolution 7405, Approving a Charitable Gambling Permit for the Blaine 19 Jaycees to Conduct Charitable Gambling at Robert’s Sports Bar and 20 Entertainment. 21 22 Council Member Gunn noted the Blaine Jaycees is requesting a charitable gambling permit in 23 Mounds View and asked how it benefits Mounds View. Clerk-Administrator Ericson explained 24 City Code related to charitable gambling defines a trade area and that 75% of the revenue has to 25 be applied to trade area. The trade area is defined as Mounds View and surrounding areas to 26 Mounds View. Staff has encouraged the Blaine Jaycees to support Mounds View programs like 27 Festival in the Park and other deserving organizations. 28 29 Council Member Gunn stated her understanding that Blaine requires a percentage of funds from 30 charitable gambling permits to be donated to the Blaine Blazin 4th Celebration. Clerk-31 Administrator Ericson explained that Robert’s indicated the previous chartable gambling 32 organization no longer felt it was feasible for them to continue so the owners of Robert’s is 33 looking for another organization to do so. 34 35 Council Member Mueller asked whether local agencies were notified of this vacancy and had the 36 ability to apply. Clerk-Administrator Ericson stated he does not know. Council Member 37 Mueller asked if consideration can be postponed for 30 days to see if other organizations within 38 Mounds View would be interested. Clerk-Administrator Ericson stated he was not sure if there is 39 legal justification to delay action since they meet Code and the property owners were agreeable to 40 this arrangement. 41 42 Attorney Riggs stated the applicant did meet the Code; however, the Council has raised questions 43 and those answers can be consider at the next meeting. 44 45 Mounds View City Council January 26, 2009 Regular Meeting Page 7 Council Member Gunn stated she was surprised that a Blaine organization, not a local group, was 1 coming into Mounds View to run charitable gambling. 2 3 Council Member Stigney asked what level of contribution is required by surrounding 4 communities for their charitable gambling permits. Clerk-Administrator Ericson stated it varies 5 from city to city. Council Member Stigney suggested Mounds View review the charitable 6 gambling ordinance and whether it should require that Mounds View, not the trade area, receive 7 a percentage. 8 9 Council Member Gunn suggested the Council discuss this ordinance at a Work Session and 10 consider requiring a percentage donation to the City. 11 12 MOTION/SECOND: Mueller/Stigney. To Postpone Consideration of Resolution 7405 to the 13 next Council meeting to allow staff to obtain answers to the Council’s questions. 14 15 Mayor Flaherty stated the Blaine Jaycees is a reputable organization, complies with City Code, 16 paid the licensing fee, and has an agreement with Robert’s so he sees no reason to postpone 17 consideration. He suggested the Council discuss the issue of donations at a Work Session. 18 19 Council Member Stigney stated the postponement is not to stop other entities but he believed the 20 Code should be clarified prior to this approval, which would be tied up for one year. 21 22 Mayor Flaherty felt the Council could move forward with this request and address it further at a 23 Work Session. He stated he is not against looking at what surrounding communities require but 24 does not think it is fair to the Blaine Jaycees or Robert’s to postpone consideration. 25 26 Council Member Mueller stated she was not sure a two-week postponement would be an issue 27 for Robert’s, noting they have no charitable gambling until a license is approved and she does not 28 want to do harm to this business if it is a draw for their customers. However, she believed that 29 some valid questions were raised tonight. 30 31 Council Member Gunn agreed that valid questions were raised but she did not support 32 postponement or a moratorium consideration. Instead, these issues could be considered at the 33 next Work Session. 34 35 Council Member Mueller called the question. 36 37 Attorney Riggs advised that the Code was changed two years ago to allow for a trade area and 38 that can be revisited. Since the Code does not clearly state that there is a one year limit, he 39 recommended setting a date certain for the term of this charitable gambling license. 40 41 Council Member Stigney withdrew his second to the postponement motion. Council Member 42 Mueller withdrew the motion to postpone. 43 44 45 Mounds View City Council January 26, 2009 Regular Meeting Page 8 MOTION/SECOND: Stigney/Mueller. To Waive Reading and Approve Resolution 7405, 1 Approving a Charitable Gambling Permit for the Blaine Jaycees to Conduct Charitable Gambling 2 at Robert’s Sports Bar and Entertainment, as amended to approve through December 31, 2009. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 D. Set Public Hearing for February 9, 2009 at 7:05 p.m. for a Major Subdivision 7 at Mermaid (2200 Highway 10). 8 9 Council Member Mueller requested a staff update since information was not included in the 10 Council’s packet or the matter discussed at a Work Session. 11 12 Community Development Director Roberts advised the Council that the plan application by the 13 owners of the Mermaid to build a strip center on the corner has fallen through. It is the believe of 14 staff that the owner has a buyer for the hotel so they have submitted a new application to the City 15 subdivide the property. 16 17 Clerk-Administrator Ericson explained the preliminary plat incorporated a dividing line through 18 the building and this would be the same. The preliminary plat was approved by the City Council, 19 but they did not exercise the option for the final plat so that plan would become null and void. 20 21 MOTION/SECOND: Mueller/Gunn. To Approve Setting Public Hearing for February 9, 2009, 22 at 7:05 p.m. for a Major Subdivision at Mermaid (2200 Highway 10). 23 24 Mayor Flaherty advised he will be out of town that date and requested information ahead of time 25 so he can provide feedback. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 9. JUST AND CORRECT CLAIMS 30 31 Council Member Gunn, on Page 4, Boyer Trucks, questioned which vehicle needed repair. 32 Finance Director Beer stated it was a 1996 dump truck. 33 34 Council Member Mueller, on Page 4, claim for BRAA, erosion control ordinance, asked if it was 35 in conjunction with street and utilities project. Clerk-Administrator Ericson stated it was related 36 to the ordinance recently adopted by the Council on Chapter 1303. 37 38 Council Member Mueller, on Page 6, Department of Public Safety, asked about CJDN. Finance 39 Director Beer explained it stands for Criminal Justice Defense Network. 40 41 Mayor Flaherty questioned the installation of a twist lock receptacle. Finance Director Beer 42 advised it was for an electrical installation and the $1750 would be reimbursed by the consultant 43 who gave an incorrect recommendation on the voltage. 44 45 Mounds View City Council January 26, 2009 Regular Meeting Page 9 Council Member Gunn, on Page 8, asked about Heartland Mounds View CommonBond. 1 Finance Director Beer explained it was a TIF payment for Silver Lake Point. 2 3 Council Member Mueller, on Page 9, questioned the prosecution statement. Finance Director 4 Beer advised it was for the monthly retainer. 5 6 Council Member Gunn, on Page 10, wondered about the numbers for workers comp. Finance 7 Director Beer explained this insurance payment was broken out by funds and accounts that have 8 employees. 9 10 Mayor Flaherty, on Page 12, asked about the cost for mailbox posts. Clerk-Administrator 11 Ericson stated it is for replacement of mailbox posts damaged when hit by the plow or snow from 12 the plow. 13 14 Council Member Mueller, on Page 14, asked about the motor control board repair. Finance 15 Director Beer explained it again related to the excess of voltage and the cost will be reimbursed. 16 17 Council Member Gunn asked about the Muska Lighting Showroom claim for a trouble light 18 booster in the amount of $320.24. Finance Director Beer stated this would also to be reimbursed. 19 20 Council Member Mueller, on Page 15, questioned the payment to the Northwest Youth and 21 Family Service Center. Finance Director Beer stated this was a budgeted item. 22 23 Mayor Flaherty questioned the payment to North American Salt. Clerk-Administrator Ericson 24 explained this represents 100 or 200 tons of salt and may be enough for the season, depending on 25 the weather. 26 27 Council Member Gunn, on Page 21, asked what is UHL Company. Finance Director Beer 28 explained they service the HVAC system at the Community Center. 29 30 MOTION/SECOND: Mueller/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 36 A. December 1, 2008 Truth in Taxation Minutes. 37 38 MOTION/SECOND: Flaherty/Mueller. To Approve the December 1, 2008 Truth in Taxation 39 meeting minutes, as presented. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 44 B. December 22, 2008 City Council Meeting. 45 Mounds View City Council January 26, 2009 Regular Meeting Page 10 1 MOTION/SECOND: Mueller/Hull. To Approve the December 22, 2008 City Council meeting 2 minutes, as presented. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 C. January 5, 2009 Special City Council Meeting. 7 8 Council Member Mueller requested correction to Page 3, Line 30, to change “kidnapped” to 9 “kidnapping.” She referenced Page 5, Line 20, and questioned the correct cutoff date for the Sun 10 Focus, noting the minutes indicate Thursday following the Monday Council meeting but she 11 believes it is actually Tuesday for legal notices and may be Monday for other articles. 12 13 Clerk-Administrator Ericson stated staff will check the meeting tape to determine whether the 14 minutes correctly reflect her statement. 15 16 Council Member Mueller stated on Page 6, Lines 3 and 4 should indicate that Mayor Flaherty is 17 the I-35W Corridor Member and Council Member Gunn the Alternate. 18 19 MOTION/SECOND: Gunn/Mueller. To Approve the January 5, 2009 Special City Council 20 meeting minutes, as corrected. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 11. REPORTS 25 26 A. Reports of Mayor and Council. 27 28 Mayor Flaherty announced that a group of concerned citizens would hold a meeting about the 29 Anoka County Blaine airport at the Mounds View Community Center on January 29, 2009, from 30 7-9 p.m. This meeting was not organized or called by the City. It will be an informational 31 meeting on the possible increase of a runway at the Anoka County Blaine airport runway from 32 5,000 to 6,000 feet. 33 34 Mayor Flaherty announced the Met Council action to construct several new Park and Rides in 35 2009 through an urban partnership agreement. One will be in Roseville at I-35W and County 36 Road C and another in Blaine at I-35W and 95th Avenue. 37 38 Council Member Mueller reported on the Ramsey County League of Local Government meeting 39 held last week and the debate that occurred on proposed cuts that Governor Pawlenty mentioned 40 in his State of the State address. 41 42 Council Member Mueller announced the Minnesota League of Cities Ethics Advisory Panel will 43 meet this week to discuss the Ethics Code of Conduct for elected officials. 44 45 Mounds View City Council January 26, 2009 Regular Meeting Page 11 Council Member Mueller wished all the best to Kay Andrews, Northwest Youth and Family 1 Services President, who will be retiring and thanked her for over 25 years of service. 2 3 Council Member Mueller announced the fundraising event by St. John the Baptist Catholic 4 Church of New Brighton on Saturday, January 31, 2009. 5 6 Council Member Mueller commented on the Sunday, January 25, 2009 article in the StarTribune 7 about rain gardens, advised how to obtain additional information, and commended staff on what 8 it has accomplished to lead and mold steps in this direction. 9 10 Mayor Flaherty ask Mr. Rhein to address the questions the Council raised at the January 12, 2009 11 meeting regarding drainage issues on the trail and corrective measures taken. 12 13 Joe Rhein, Bonestroo, advised that a short segment of the trail constructed near the Ramsey 14 County Library flooded after a rain storm. Public Works staff surveyed the trail and found that 15 the low area was landlocked and would not drain overland. No storm sewer locations were 16 available so a rock infiltration was added based on water calculations that occurred during the 17 storm. A rock trench was constructed, the trail has been monitored for the past 17 months, and 18 there has not been a single occurrence of water coming even to the edge of the trail. Should there 19 be a failure in the future from sediments, it will have to be cleaned or other options considered. 20 21 Mayor Flaherty stated this was not the first time a consultant had seen ditches with swales. Mr. 22 Rhein stated he missed it. Mayor Flaherty stated if the trail floods again, the City will be 23 contacting him. Mr. Rhein stated the Rice Creek Watershed District is aware of the rock 24 infiltration trench, checked it during construction, and had no problem with it. 25 26 With regard to drainage at County Roads I and 10, Mr. Rhein stated they knew there were 27 drainage issues at that location but the intersection is scheduled for future signal and drainage 28 improvements so they didn’t want to expend funds to create a permanent drainage system. He 29 described how an overland swale was created to drain water from the intersection to the existing 30 storm sewer on east side of the intersection, which is then piped over to the wetland. However, 31 the swale was flat and did not function adequately for drainage or for pedestrians to use the trail 32 on a regular basis so a new catch basin was installed over an existing stormwater pipe. 33 34 Council Member Mueller provided the tabulation she prepared of the 189 surveys submitted after 35 Risdall Marketing tabulated remarks. This will be discussed by the Council at a future Work 36 Session. 37 38 Mayor Flaherty noted that Council Member Stigney had asked about a possible conflict with the 39 Charter if the Council reviewed and compiled the information from Risdall Risto Marketing. 40 Attorney Riggs advised that the Council always has the ability to do things by consensus if that is 41 how they want to do business. He stated there is division between Administration and Council, 42 but he did not think this activity falls into that area. 43 44 45 Mounds View City Council January 26, 2009 Regular Meeting Page 12 B. Reports of Staff 1 1. 2008 Annual Report – Police Department 2 3 Police Chief Sommer presented the 2009 Annual Report for the Police Department, advising of 4 enforcement efforts, citations issued, receipt of a $4,000 stalker directional sensor radar unit from 5 a prize drawing, and the Mounds View Police Department receiving an Outstanding Service 6 Award for efforts in 2007 with DWI arrests. He reviewed educational programs offered, criminal 7 activity and arrests, and work of the DARE officer at Pinewood School, Crime Prevention 8 Officer who conducts classes for businesses and school, and the School Resource Officer at 9 Edgewood Middle School. 10 11 Mayor Flaherty thanked Police Chief Sommer for this Report and read the list of training classes 12 and continuing education of officers to assure the City has the highest level of public safety 13 possible. He stated he believed it was invaluable to have a School Resource Officer at Edgewood 14 Middle School and thanked Officer Demarest and Officer Knitter for their excellent work. 15 16 2. Traffic Signal Project at County Road H and Silver Lake Road – 17 Update 18 19 Clerk-Administrator Erickson presented the County’s 2009 signal installation project at County 20 Road H and Silver Lake Road and need for Mounds View to acquire right-of-way at two corners. 21 He recommended, since the City was short staffed, to use Evergreen Land Services to obtain the 22 necessary right-of-way. He advised the quote for this service is $5,000, would be shared with 23 New Brighton, and does not include the price of the right-of-way. 24 25 Mayor Flaherty stated he reviewed the data and found that this intersection meets warrants and 26 volume standards. In addition, an elementary school is located within a block and a half from 27 this intersection. He asked about the cost sharing ratio for Evergreen Land Services. Clerk 28 Administrator Ericson stated he assumed it would be paid one-third by New Brighton and two-29 thirds by Mounds View since two of three parcels are in Mounds View. Mayor Flaherty noted 30 this expense would be TIF eligible. 31 32 Council consensus was reached in support of staff’s recommendation. Clerk-Administrator 33 Ericson stated staff would draft a formal resolution authorizing this expenditure for Council’s 34 consideration at the February 9, 2009 meeting. 35 36 Mayor Flaherty noted that former Mayor Marty had worked hard on this project and 37 congratulated him. 38 39 3. Other Updates. 40 41 Clerk-Administrator Ericson updated the Council on the Xcel Energy easement. Staff is working 42 with their reps and will assure the language of the final easement document incorporates the 43 recommendations of the City Attorney and protects Mounds View. 44 45 Mounds View City Council January 26, 2009 Regular Meeting Page 13 Clerk-Administrator Ericson updated the Council on the situation with the Community Center 1 gaming machines and advised it seems to be working well. 2 3 Clerk-Administrator Ericson advised of a heating coil break in the Police Department on January 4 15, 2009. There was no damage to the equipment, staff will research the cause of the problem, 5 and bring a report back for Council consideration. 6 7 Clerk-Administrator Ericson stated the Public Works Director position was posted on January 18 8 and will close on February 9, 2009. 9 10 Clerk-Administrator Ericson commented on the Ramsey County League meeting, as mentioned 11 by Council Member Mueller, saying it appeared most legislators were understanding and 12 appreciative of the position cities will be in and acknowledged it needed to be addressed. 13 14 Clerk-Administrator Ericson stated he attended an Airport Advisory Commission meeting last 15 Thursday and the Metropolitan Airport Commission (MAC) said they are not behind the 16 extension of runways and had no knowledge of that request. 17 18 Clerk-Administrator Ericson updated the Council on the response of the four Hillview Road 19 residents related to the no parking situation. 20 21 Clerk-Administrator Ericson stated more than 50 applications were received for the PSO Officer, 22 8 candidates were interviewed, background checks are being conducted, and staff will present a 23 recommendation for hire in February. 24 25 Clerk-Administrator Ericson stated the Charter Commission held an informal meeting on January 26 13, 2009 to talk about amending the City Charter to change the position title of “Clerk-27 Administrator” to “City Administrator” to better reflect and be more consistent with the title used 28 in the metro area. A question was raised whether making that title change would inadvertently 29 change the form of government of the City. However, the City Attorney confirmed that is not the 30 case. Should the Charter Commission move forward with that recommendation, it would require 31 a unanimous vote of the Council. 32 33 Attorney Riggs advised the title position of “Clerk-Administrator” is very unique to Mounds 34 View. This topic came up several years ago and he had recommended using “City Administrator” 35 since that is the title used by other municipalities. Doing so would not change anything in the 36 Charter or City Code or the position’s responsibilities. In addition, it may be easier to compare 37 apples-to-apples when comparing that position with other municipalities. 38 39 Council Member Stigney questioned the cost to make such a change in all the Codes. He noted 40 that when making comparisons, it does not matter if the titles are exact as long as Mounds View 41 is not comparing to a City Manager position. Clerk-Administrator Ericson stated the cost would 42 be minimal, perhaps $50-$60 to publish an ordinance and purchase new business cards. 43 44 Council Member Mueller asked if Ms. Crane’s title would be changed from “Assistant Clerk-45 Mounds View City Council January 26, 2009 Regular Meeting Page 14 Administrator” to “Assistant Administrator.” Clerk-Administrator Ericson stated that could also 1 be considered and explained the change would not be made to old legal documents, just going 2 forward. 3 4 Attorney Riggs concurred and suggested language such as: “henceforth it shall be known in the 5 City of Mounds View…” 6 Council consensus was reached to support such a title change for both positions. Clerk-7 Administrator Ericson stated he will inform the Charter Commission. 8 9 Clerk-Administrator Ericson advised of the items to be discussed at the February 2, 2009 Work 10 Session. 11 12 Clerk-Administrator Ericson informed that staff would meet with the Bethlehem Baptist Church 13 this Friday on the disbursement of the first half payment. In past years, concern was expressed 14 that these funds went outside the community. Staff has told Bethlehem Baptist Church that the 15 City was grateful for the contribution and wanted the funds to benefit Mounds View residents. 16 The Church will prepare a letter for Council consideration and resolution at a future point. 17 18 Council Member Mueller referenced the question raised by Mr. Gustafson related to Woodcrest 19 Park. Council Member Gunn stated there may be issues with maintenance of this holding pond, 20 cattails, and weeds because it is to remain as untouched natural drainage. Clerk-Administrator 21 Ericson stated he will ask the Park and Recreation Commission to review that issue, usage of 22 Woodcrest Park, maintenance, or if the equipment would be better utilized in another park. 23 24 Finance Director Beer reported on the North Suburban Cable Technical Advisory Committee 25 meeting and difficulty with auditing Comcast ad revenues. Should they find Comcast in 26 noncompliance, they could impose a penalty of $2,500 for each day of noncompliance. This may 27 involve a court action and the Committee can draw on their letter of credit to access those funds. 28 29 Community Development Director Roberts congratulated Planner Heidi Heller who delivered a 30 baby girl on Sunday and will be on maternity leave until the first week in May. The Council 31 added their best wishes to the Heller family. 32 33 C. Reports of City Attorney 34 35 City Attorney Riggs referenced his summary report and offered to answer Council’s questions. 36 37 Mayor Flaherty asked whether legal fees for the Silver Lake Woods Condominiums were being 38 shared by the Association. Attorney Riggs advised that the Association understands the City 39 would be made whole for all of these costs. 40 41 12. Next Council Work Session: Monday, February 2, 2009, at 7 p.m. 42 Next Council Meeting: Monday, February 9, 2009, at 7 p.m. 43 44 13. ADJOURNMENT 45 Mounds View City Council January 26, 2009 Regular Meeting Page 15 1 The meeting was adjourned at 9:56 p.m. 2 3 Transcribed by: 4 Carla Wirth 5 TimeSaver Off Site Secretarial, Inc. 6 Corrections made by Clerk -Administrator Jim Ericson, Community Development Director Ken Roberts, Assistant City Clerk -Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 February 9, 2009 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: Flaherty. 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, February 9, 2009 City Council Agenda. 22 23 MOTION/SECOND: Mueller/Hull. To Approve the Revised Monday, February 9, 2009 agenda. 24 25 Ayes – 4 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 33 None. 34 35 7. COUNCIL BUSINESS 36 37 Since the public hearing was advertised for 7:05 p.m., Council consensus was reached to next 38 consider Agenda Item 7C. 39 40 C. Resolution 7409 Authorization to Contract with Evergreen Land Services to 41 acquire ROW for Traffic Signal Installation at Silver Lake Road and County 42 Road H. 43 44 45 Mounds View City Council February 9, 2009 Regular Meeting Page 2 Finance Director Beer reviewed that Ramsey County has funding to move forward with the 1 traffic signal installation at Silver Lake Road and County Road H, a project the City has been 2 interested in completing for a number of years. Ramsey County is requiring the City obtain 3 right-of-way at three legs of this intersection, two of which are located in Mounds View. Given 4 shortness of staff levels, the Clerk-Administrator is recommending the use of Evergreen Land 5 Services with a cost sharing between Mounds View and New Brighton. Staff recommends 6 approval of the draft resolution. 7 8 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7409 9 Authorization to contract with Evergreen Land Services to acquire ROW for Traffic Signal 10 Installation at Silver Lake Road and County Road H. 11 12 Ayes – 4 Nays – 0 Motion carried. 13 14 A. 7:05 p.m. Public Hearing – Resolution 7406 Approving the Major 15 Subdivision for The Mermaid (2200 Highway 10). 16 17 Acting Mayor Stigney opened the public hearing at 7:05 p.m. 18 19 Community Development Director Roberts presented the request of The Mermaid for a major 20 subdivision of their 8.9 acre property to divide the hotel from The Mermaid Entertainment and 21 Event Center. This subdivision would to allow for separate ownership of the Mermaid and the 22 hotel. He displayed a site plan identifying the subject site and proposed dividing line to create 23 two lots and described the number of parking spaces allotted to each. Community Development 24 Director Roberts explained that the approval given by the City Council last October to divide the 25 lot into three lots did not come to fruition. 26 27 Community Development Director Roberts advised of the need to address allowing a property 28 line to go through a building, which is typically not allowed by the State and City’s Building 29 Code. The City Attorney has indicated that with proper documentation and hold harmless 30 agreements, it can be accommodated. The hold harmless agreement would be filed with the plat 31 to so notify the property owners of its existence and hold the City harmless. He noted that this 32 property is within TIF District 1 that runs to 2013. TIF financing issues will be addressed by the 33 EDA at its February 23, 2009, meeting. 34 35 With regard to the on site parking, Community Development Director Roberts explained the that 36 the land uses and points of access are not proposed to be changed with this proposal. Access 37 agreements will be modified to reflect the new property line descriptions and maintenance issues 38 will be outlined in those documents. Community Development Director Roberts stated park 39 dedication is not recommended since this lot division would not create additional demand on the 40 park system. 41 42 Community Development Director Roberts outlined alternatives for Council’s consideration and 43 advised that staff recommends approval of the resolution as updated by the City Attorney and 44 City Engineer to add: 8.) Applicant shall satisfy all requirements of Ramsey County. 45 Mounds View City Council February 9, 2009 Regular Meeting Page 3 1 Dan Hall, applicant and owner of The Mermaid, was present to answer questions of the Council. 2 3 Hearing no public comment, Acting Mayor Stigney closed the public hearing at 7:14 p.m. 4 5 Council Member Mueller asked about the outlot created with the prior Council approval that 6 required payment of park dedication. Community Development Director Roberts explained that 7 the subdivision would have created a 1.4 acre outlot with 20,000 to 30,000 square feet of new 8 retail space that may have put more demand on the park system. Park dedication was to be paid 9 on that property, not the entire site. However, that subdivision will not move forward and this 10 plan will result in no additional uses or demand on the park system. It was noted that The 11 Mermaid had paid a full park dedication in early 2000. 12 13 Council Member Mueller asked if AmericInn would request an electronic or video sign. 14 Community Development Director Roberts used a site plan to identify the location of the current 15 sign and stated the potential exists that a sign could be requested. 16 17 Council Member Mueller asked whether the Fire Marshal had inspected the building. 18 Community Development Director Roberts stated the Fire Marshal had reviewed the building 19 construction plans but did not inspect the site. 20 21 Mr. Hall advised that the Fire Marshal was the inspector for the project and both The Mermaid 22 and Hotel are sprinkled. He clarified that this subdivision would provide the owners flexibility in 23 the future should the hotel be sold. 24 25 Council Member Mueller asked about the level of on-site parking. Mr. Hall advised that the site 26 has 30% to 35% extra parking and there are cross parking agreements with Ramsey County so 27 nothing will change with that situation. 28 29 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7406 Approving 30 the Major Subdivision for the Mermaid (2200 Highway 10), as revised to add: 8.) Applicant 31 shall satisfy all requirements of Ramsey County. 32 33 Ayes – 4 Nays – 0 Motion carried. 34 35 B. Resolution 7408 Granting Preliminary Approval to Draft the Local Surface 36 Water Management Plan and Authorizing Distribution to Review Agencies. 37 38 Joe Rhein, Consulting Engineer with Bonestroo, described the process for approval of the City’s 39 Local Surface Water Management Plan (LSWMP), which needs to be in place before the Met 40 Council will consider approval of the City’s Comprehensive Plan. The Council reviewed the 41 LSWMP and provided comment at a Work Session so the Plan has been revised to address those 42 comments. If the LSWMP is approved tonight, complete sets will be prepared and distributed to 43 review agencies. 44 45 Mounds View City Council February 9, 2009 Regular Meeting Page 4 Mr. Rhein presented the schedule for agency review, noting it allows for final Council 1 consideration on April 27, 2009 and the deadline for completing the Comprehensive Plan is May 2 1, 2009, which should be met with this schedule. He advised the draft resolution would grant 3 preliminary approval of the draft LSWMP and authorize distribution to the Met Council and 4 other agencies as required by State Statute. 5 6 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7408, 7 Granting Preliminary Approval to Draft the Local Surface Water Management Plan and 8 Authorizing Distribution to Review Agencies. 9 10 Council Member Mueller asked if staff had been working hand-in-hand with the Met Council so 11 there is assurance the LSWMP will be approved. Mr. Rhein clarified that the Met Council will 12 receive a copy but the Rice Creek Watershed District is the approval agency for the LSWMP and 13 staff has have been in contact with them. 14 15 Ayes – 4 Nays – 0 Motion carried. 16 17 C. Resolution 7409 Authorization to Contract with Evergreen Land Services to 18 acquire ROW for Traffic Signal Installation at Silver Lake Road and County 19 Road H. 20 21 This item was considered prior to Agenda item 7A. 22 23 8. CONSENT AGENDA 24 25 Council Member Mueller asked to remove Item C. 26 27 A. Licenses for Approval. 28 B. Resolution 7407 Adopting a Modification to Sections 2.2 thru 2.4 of the 29 City’s Purchasing Policy. 30 C. Resolution 7410 Granting Great Lakes Shipwreck Preservation Society a 31 One Day Charitable Gambling Permit to Conduct a Raffle on February 28, 32 2009, at The Mermaid Entertainment and Event Center in Mounds View. 33 34 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda Items A and B, as 35 presented. 36 37 Ayes – 4 Nays – 0 Motion carried. 38 39 C. Resolution 7410 Granting Great Lakes Shipwreck Preservation Society a 40 One Day Charitable Gambling Permit to Conduct a Raffle on February 28, 41 2009, at The Mermaid Entertainment and Event Center in Mounds View. 42 43 Council Member Mueller asked whether Mounds View receives any benefit from the Great 44 Lakes Shipwreck Preservation Society charitable gambling permit. Assistant City Clerk-45 Mounds View City Council February 9, 2009 Regular Meeting Page 5 Administrator Crane stated the matter of charitable gambling will be addressed at the next Work 1 Session. She advised that the Great Lakes Shipwreck Preservation Society does not benefit the 2 Mounds View trade area. It works with preservation of shipwrecks in Lake Superior and Lake 3 Erie. This organization has received a one-day gambling permit from the City for the past three 4 years. Assistant Clerk-Administrator Crane explained that the Code does not address a duration 5 of one day so it should be addressed and placed in the Code for future applications. 6 7 Council Member Mueller questioned the one-day permit during Festival in the Park at the car 8 show that had been denied. Assistant City Clerk-Administrator Crane advised it was denied 9 because the applicant did not submit any of the required paperwork to the State so it could not be 10 considered by the City. 11 12 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7410 13 Granting the Great Lakes Shipwreck Preservation Society a One Day Permit to Conduct 14 Charitable Gambling (Raffle) at The Mermaid Entertainment and Event Center in Mounds View. 15 16 Ayes – 4 Nays – 0 Motion carried. 17 18 9. JUST AND CORRECT CLAIMS 19 20 Council Member Mueller referenced Page 5, Braun Pumps and Controls, and asked if the repair 21 of a transducer involved the sewer system. Finance Director Beer stated he thinks it may be part 22 of the televising truck but will find out and advise the Council. 23 24 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. 25 26 Ayes – 4 Nays – 0 Motion carried. 27 28 10. APPROVAL OF MINUTES 29 A. January 12, 2009 City Council Meeting Minutes. 30 31 The following corrections were requested: Page 4, Line 27, correct name to “Dan Hall,” Page 32 12, Line 15, change subtitle to: “4. Risdall Resident Survey.” Line 17, “counting the surveys…” 33 Line 20, “…count and tabulate the untabulated surveys.” 34 35 MOTION/SECOND: Gunn/Mueller. To Approve the January 12, 2009 City Council Meeting 36 Minutes as amended. 37 38 Ayes – 4 Nays – 0 Motion carried. 39 40 41 42 43 44 45 Mounds View City Council February 9, 2009 Regular Meeting Page 6 11. REPORTS 1 A. Reports of Mayor and Council. 2 3 Council Member Mueller announced that the Concerned Citizens of the North Metro will hold a 4 meeting regarding the Anoka County Blaine Minor Airport on Tuesday, February 24, 2009, from 5 7-9 p.m. at the Spring Lake Park City Hall. 6 7 Council Member Gunn commented on the success of the Irondale High School Dance held on 8 Saturday night at the Community Center. 9 10 B. Reports of Staff. 11 1. Report from Bonestroo Regarding Design Issue on the County Road 12 10 Trail Segments 1-5. 13 14 Joe Rhein, Consulting Engineer with Bonestroo, advised of the elevation issues found to be 15 present with the trail segment along the north side of CR 10 just west of Wooddale Drive. The 16 Rice Creek Watershed District (RCWD) indicated that drainage in this area would more directly 17 impact Rice Creek and determined to require rate control with this project. Mr. Rhein presented 18 a diagram of the subject area, trail alignment, and explained the drainage direction. He stated the 19 open ended storm drainage pipe in the ditch can be improved with a structure with a reduced 20 opening to satisfy the rate control for less than $3,000 on this $800,000 project. However, 21 detailed storm water modeling was required to prove the rate control to the RCWD. That 22 modeling cost about $4,000 and identified that the pond and ditch are hydrologically connected 23 so during large storm events, the pond water would overtop about 250 feet of the trail. During a 24 50-year storm event, the maximum water depth on the trail would be 3.5 inches for about an hour 25 and 10 minutes. Then the storm sewer would drain away the water and the pond elevation would 26 go down below the trail elevation. During a 100-year storm event, the maximum water depth 27 over the trail would be 9 inches and appear to be one pond area. This would last for 2.5 hours 28 and then the water would recede to be lower than the trail. Mr. Rhein advised there is a 2% 29 chance during any given year that 50-year event will occur and a 1% chance that a 100-year event 30 will occur. 31 32 Mr. Rhein stated if the Council deems this condition acceptable, recognizing the trail may 33 become overtopped during certain heavy storm events but dry after the storm event, no action 34 was needed, there would be no additional cost or delay in the project. If the Council deems this 35 condition to not be acceptable, staff can investigate the option of raising the elevation of the trail 36 6 to 10 inches so it is above the overflow elevation during peak storm event. Since this would 37 result in additional wetland impacts, permitting through the DNR, Army Corp of Engineers, and 38 RCWD would be required. The cost is estimated to be $20,000 to $25,000 to repeat the 39 permitting process, purchase additional wetland credits from the State’s wetland bank, and to 40 construct a trail berm that is raised by ten inches in height. In addition, the project schedule 41 would be delayed one month and there is no guarantee reviewing agencies would approve the 42 added wetland impact. 43 44 Mounds View City Council February 9, 2009 Regular Meeting Page 7 Mr. Rhein stated this project has been reviewed by Public Works staff and Department Heads. 1 Their consensus is that it is not worth the additional expense and time delay to raise the trail. He 2 noted that during heavy rain storms it is unlikely the trail will be used and when the rain is done, 3 the trail will be fully functional. 4 5 Council Member Mueller asked whether the maximum water depth on the trail was calculated 6 based on the current flow of water or through the proposed restricted storm drain. Mr. Rhein 7 advised it was calculated after the rate restriction but if the current pipe was used, the same 8 situation would occur. He advised that the pond outlet and culvert are constantly being utilized 9 and sufficient to handle everything up to the 50-year storm event. 10 11 Council Member Mueller asked if raising the trail at a future date would be more expensive than 12 doing it now. Mr. Rhein answered in the affirmative and stated he did not think it would receive 13 agency approval. 14 15 Finance Director Beer asked if either a 50-year or a 100-year storm event would affect the 16 structural integrity of the trail. Mr. Rhein stated it would not because during a 100-year event, 17 the water would be still with no velocity of flow and during a 50-year event, the overflow would 18 be only three inches so, again, there should not be a velocity of water flow or danger to 19 pedestrians. 20 21 A majority of the Council indicated the condition was acceptable, recognizing the trail may 22 become overtopped during certain heavy storm events but dry after the storm event. 23 24 C. Reports of City Attorney. 25 26 None. 27 28 12. Next Council Work Session: Monday, March 2, 2009, at 7 p.m. 29 Next Council Meeting: Monday, February 23, 2009, at 7 p.m. 30 31 13. ADJOURNMENT 32 33 The meeting was adjourned at 8:02 p.m. 34 35 Transcribed by: 36 37 Carla Wirth 38 TimeSaver Off Site Secretarial, Inc. 39 Item Number: 11B2 Meeting Date: February 23, 2009 Type of Business: Reports Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: City Council/Staff Retreat The Mounds View City Council/Staff Retreat is scheduled for Saturday, February 28, 2009, at Random Park Building from 9am to 12pm. Below is an agenda of items to discuss at this meeting. Please advise Staff if the City Council wishes to add or make and additional changes to this agenda. CITY COUNCIL/STAFF RETREAT AGENDA SATURDAY, FEBRUARY 28, 2009 9AM – 12PM 1. Review the 2008-2009 City Goals. 2. Discuss City Finances. 3. Discuss the Risdall Survey Report. 4. City Council Meeting Management Respectfully submitted, Desaree Crane Item Number: 11B3 Meeting Date: February 23, 2009 Type of Business: Reports Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: 2008 Citizenship Award Background: The City of Mounds View Citizenship Award recognizes ordinary citizens who have demonstrated to improving the community. Past recipients of this award include: 2004: David Jahnke 2005: Frank Silvis 2006: Ed Lanz 2007: Don Hodges Discussion: Staff has already started the nomination process for the 2008 Citizenship Award. The City of Mounds View Citizenship Award recognizes a Mounds View resident who represents the energetic, courageous, persistent and informed involvement of an ordinary citizen in the issues and the challenges that affect the City of Mounds View. Nominations are open to the public and the award is subject to the following guidelines below: Eligibility: Nominees must be: • A Mounds View resident, business owner or land owners. • Recent elected officials, City employees, City contractors, or political candidates are not eligible. Selection Criteria: 1. Courage: Exemplifies courage and determination to follow one’s own values. 2. Initiative: Demonstrates drive and initiative in his/her approach and overcoming challenges on the way. 3. Time Commitment: Volunteers a significant amount of time and energy to the betterment of the City of Mounds View and its residents; more than just financial contributions. 4. Effectiveness: Generates positive results for the community. 5. Unselfishness: Does not expect anything in return for his/her actions, i.e., financial compensation, fame or political notoriety. Citizenship nominations forms are currently on the website and at the front desk of City Hall. All nominations must be submitted to Mounds View City Hall by Friday, March 20, 2009, at 4:30pm. Staff will then submit copies of the nominations to the City Council for review at the March 23, 2009, City Council Meeting. The winner will have a plaque presented to him or her at the April 25, 2009, Town Hall Meeting. If the award recipient cannot attend the Town Hall Meeting, then the City Council may consider presenting the award at a regular meeting. Respectfully submitted, Desaree Crane Item No. 11 Meeting Date: February 23, 2009 Type of Business: Reports of Staff WS: Work Session; PH: Public Hearing; CA: Consent Agenda; EDA: EDA Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Steinmetz, Economic Development Specialist Item Title/Subject: Proposed New Convention and Visitor’s Bureau (CVB) Background Mounds View is one of eleven cities that Visit Minneapolis North (VMN) represents as a Convention and Visitor’s Bureau (CVB). VMN was chartered in October 1986 as a non-profit 501(c)(6) Corporation under State and Federal tax laws. Section 501(c)(6) of the Internal Revenue Code provides for the exemption of business leagues, chambers of commerce, real estate boards, boards of trade, and professional football leagues, which are not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual. Below is a timeline of when each member city joined the Bureau. 1986 - Brooklyn Center, Brooklyn Park & Fridley 1988 - Maple Grove 1996 - Blaine 1998 - Coon Rapids 1999 - Anoka 2000 - Shoreview 2001 - Mounds View 2003 - Ham Lake 2004 - Arden Hills As a Bureau member, Mounds View agreed to impose a lodging tax of 3% to the Mounds View hotels. Attached is City Ordinance 682 “Establishing a Local Lodging Tax and Adding Chapter 204 to the Mounds View City Code”. The funds generated by this tax support the CVB, which then promotes the cities and hotels and generates customers for the hotels. City Council Item 11 – New CVB February 23, 2009 Page 2 of 3 The City Council annually appoints a City staff person to sit on the VMN Board of Directors. I currently serve on the Board. Periodically, a representative from VMN attends City Council meetings to provide updates. The City Council received the latest update from Executive Director Dave Looby on October 13, 2008. Mounds View also has received funds from VMN to support Festival in the Park. As detailed in the attached “2008 Official City Celebration Sponsorship Information & Application,” city celebrations are able to apply for funding to market and promote their celebration to the public through different communication methods (print advertising, website, brochure, etc). Each member city celebration is able to apply for $2,000 per year. I believe the Festival in the Park Committee received $2,000 from VMN in 2008. Discussion To reiterate what Clerk Administrator Jim Ericson reported in his e-mail to the City Council on February 11, 2009, there has been some discord within VMN about how the CVB is spending their funds. The National Sports Center, a coalition of hotels located east of the Mississippi River, two Chambers (including the Twin Cities North Chamber) and four cities have opted out of VMN. These groups are discussing the formation of a new CVB. The four cities that have opted out so far are Arden Hills, Shoreview, Blaine and Coon Rapids. The potential new CVB would represent cities east of the Mississippi River and VMN would continue to represent the cities west of the Mississippi River. City staff has been involved in the situation on different levels: Clerk Administrator Jim Ericson, Community Development Director Ken Roberts and I met with some of the proponents of the new CVB on January 5, 2009 and I have been involved with the board of directors and a special task force. Most recently, the Twin Cities North Chamber of Commerce passed the attached resolution dated February 3, 2009 supporting the potential new CVB. I attended a meeting of the cities located east side of the Mississippi River on February 18, 2009 at Coon Rapids City Hall. Those in attendance were representatives from Coon Rapids, Lino Lakes, Ham Lake, Fridley, Blaine and Shoreview. The purpose of the meeting was for the cities to discuss the potential new CVB. Next Steps The cities east of the Mississippi River are meeting on March 4, 2009 to further discuss the potential new CVB. This meeting may be held at Mounds View City City Council Item 11 – New CVB February 23, 2009 Page 3 of 3 Hall. The National Sports Center and the Metro North Chamber are working on bylaws and creating a budget for the potential new CVB. Recommendation Mounds View’s involvement with a CVB is crucial since the City itself has limited funds to spend on marketing. Staff recommends that the City Council consider joining the potential new CVB for the cities east of the Mississippi River after the coalition as a whole decides the best approach to the mission and governance structure of the new CVB. Respectfully submitted, ____________________________ Heidi Steinmetz Economic Development Specialist Attachments • City Ordinance 682, June 11, 2001 (9 pages) • 2008 Twin Cities North City Celebration Sponsorship Information (3 pages) • Twin Cities North Chamber Resolution, February 3, 2009 (1 page) 347435v2 SJR MU125-11 Kennedy 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: February 19, 2009 To: Jim Ericson, City Clerk-Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters, etc. MU125-65: Licensing Issues. Consult with City staff regarding issues. Matter is presently pending. MU210-4: Charter Commission. Review proposed Charter amendments and Charter-related issues concerning administrative fees and penalties. Consult with City staff. Matter is presently pending. MU210-26: Mermaid Matter. Work on project changes and review revised plat. Consult with City staff. Matter is presently pending. MU210-43: Silver Lake Woods Condominium Association. Work with City staff and City engineer to determine requirements that SLWCA needs to undertake regarding roads. Work with attorney Pat Brinkman regarding matter. Revise Silver Lake Woods Street Transfer Agreement and draft Amendment to Agreement; correspond with Pat Brinkman regarding same. Draft infiltration easement. Correspond with the Association's attorney and the City Engineer on the legal descriptions for the drainage and utility easements. Waiting for the revised legal Mr. Jim Ericson February 19, 2009 Page 2 347435v2 SJR MU125-11 descriptions from the City Engineer before we can revise the easements. Matter is presenting pending. MU210-111: General Personnel Matters. Consult with City staff regarding employment-related budget issues. Matter is presently pending. MU210-176: Airport Issues. Consult with City staff regarding runway expansion issues. Matter is presently pending. MU210-178: 2008 Trail Easements Project. Work on MnDOT/Mounds View Agreement for this Project. Consult with City staff and MnDOT personnel regarding necessary revisions to the Agreement and finalize Agreement. Matter is presently pending. MU210-179: 2009-2010 Street Improvement Project. Consult with City staff regarding contract project. Matter is presently pending. MU210-180: 2008 Personnal Issue. Review correspondence. Contact attorney regarding potential employment issue. Research and respond to claim for additional compensation asserted on behalf of a city employee. Consult with City staff regarding matter. Matter is presently pending. MU210-182: Silver Lake Road and County Road H. Consult with City staff regarding project agreement/easements and construction issues. Matter is presently pending.