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HomeMy WebLinkAboutAgenda Packets - 2009/03/23 (2)CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 13, 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 A. Resolution of Recognition for Irondale High School Girls Hockey Team 2008-2009. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing, First Reading of Ordinance 819, an Ordinance to Approve an Amendment to Chapter 7, Section 7.03 of the City Charter Relating to Taxation and Finances B. Resolution 7432, Authorizing a Residential Kennel License for William Carlson and Georganne Neitz, located at 8041 Long Lake Road. C. Resolution 7430, Approving Intent to Exercise the Opt Out Clause of the Contract with Visit Minneapolis North CVB effective December 31, 2009 D. Resolution 7426, Approving the Mermaid 2nd Addition Final Plat E. Resolution 7433, Authorizing Application for the 2009 COPS Police Hiring Grant F. Resolution 7440, Authorizing the Purchase of a Replacement Squad Car for the Police Department. G. Second Reading of Ordinance 818, an Ordinance Amending Chapter 1106 of the City Code (Conditional Use Permits for Dynamic Display Signs) (ROLL CALL VOTE) H. Resolution 7437, Approving the Purchase Agreement for Wetland Banking Credits for the County Road 10 Trailway Project: Segments 1-5 Project, and Authorizing Payment. I. Resolution 7438, Approving Change Order No. 1 to the Construction Contract for the 2009-2010 Street and Utility Improvement Project. J. Resolution 7439, Authorizing Preparation of the Required Municipal Separate Storm Sewer System Mapping Components. K. Resolution 7428 Approving the Purchase of Mailboxes for the 2009-10 SUIP. L. Resolution 7434, Designating the 2008 Mounds View Citizenship Award. M. Resolution 7441, Adding Fees to the 2009 Mounds View Fee Schedule. N. Resolution 7435, Approving a Step Increase for James Ericson, Clerk-Administrator. 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, April 27, 2009 at 7:05 pm for a Conditional Use Permit Request for Robert’s Sports Bar (2400 County Road H2) C. Resolution 7436, Authorizing the Purchase of Employee Gift Certificates for the June 17, 2009 Employee Appreciation Day. D. Resolution 7431, a Resolution to Renumber Resolution 8006 (originally adopted June 27, 2007) to Resolution 7134b. E. Resolution 7429, Accepting Donation from Bethlehem Baptist Church 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. Monday, March 9, 2009, City Council Minutes. B. Monday, March 23, 2009, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Reminder: Town Hall Meeting, Saturday, April 25, 2009, Mounds View Community Center, 9am to 12pm. 2. Outdoor Special Event Policy 3. Administration Report C. Reports of City Attorney 12. Next Council Work Session: Monday, May 4, 2009, at 7:00 p.m. Next Council Meeting: Monday, April 27, 2009, at 7:00 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 13, 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 A. Resolution of Recognition for Irondale High School Girls Hockey Team 2008-2009. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing, First Reading of Ordinance 819, an Ordinance to Approve an Amendment to Chapter 7, Section 7.03 of the City Charter Relating to Taxation and Finances B. Resolution 7432, Authorizing a Residential Kennel License for William Carlson and Georganne Neitz, located at 8041 Long Lake Road. C. Resolution 7430, Approving Intent to Exercise the Opt Out Clause of the Contract with Visit Minneapolis North CVB effective December 31, 2009 D. Resolution 7426, Approving the Mermaid 2nd Addition Final Plat E. Resolution 7433, Authorizing Application for the 2009 COPS Police Hiring Grant F. Resolution 7440, Authorizing the Purchase of a Replacement Squad Car for the Police Department. G. Second Reading of Ordinance 818, an Ordinance Amending Chapter 1106 of the City Code (Conditional Use Permits for Dynamic Display Signs) (ROLL CALL VOTE) H. Resolution 7437, Approving the Purchase Agreement for Wetland Banking Credits for the County Road 10 Trailway Project: Segments 1-5 Project, and Authorizing Payment. I. Resolution 7438, Approving Change Order No. 1 to the Construction Contract for the 2009-2010 Street and Utility Improvement Project. J. Resolution 7439, Authorizing Preparation of the Required Municipal Separate Storm Sewer System Mapping Components. K. Resolution 7428 Approving the Purchase of Mailboxes for the 2009-10 SUIP. L. Resolution 7434, Designating the 2008 Mounds View Citizenship Award. M. Resolution 7441, Adding Fees to the 2009 Mounds View Fee Schedule. N. Resolution 7435, Approving a Step Increase for James Ericson, Clerk-Administrator. City Council Meeting Agenda Monday, April 13, 2009 Page 2 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, April 27, 2009 at 7:05 pm for a Conditional Use Permit Request for Robert’s Sports Bar (2400 County Road H2) C. Resolution 7436, Authorizing the Purchase of Employee Gift Certificates for the June 17, 2009 Employee Appreciation Day. D. Resolution 7431, a Resolution to Renumber Resolution 8006 (originally adopted June 27, 2007) to Resolution 7134b. E. Resolution 7429, Accepting Donation from Bethlehem Baptist Church 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. Monday, March 9, 2009, City Council Minutes. B. Monday, March 23, 2009, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Reminder: Town Hall Meeting, Saturday, April 25, 2009, Mounds View Community Center, 9am to 12pm. 2. Outdoor Special Event Policy 3. Administration Report C. Reports of City Attorney 12. Next Council Work Session: Monday, May 4, 2009, at 7:00 p.m. Next Council Meeting: Monday, April 27, 2009, at 7:00 p.m. RESOLUTION NO. 7442 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF RECOGNITION WHEREAS, Irondale High School is an important part of the City of Mounds View; and WHEREAS, Irondale High School provides a valuable educational experience; and WHEREAS, the Class AA Irondale High School Girls Hockey Team of 2008-2009 won the Consolation during the Girls Hockey Tournament in St. Paul; and WHEREAS, each member of the team and the coaches represented the spirit of the State of Minnesota’s High School Hockey; and WHEREAS, the City of Mounds View supports the State of Hockey and congratulates the Irondale Girls Hockey Team. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council recognizes the spirit, hard work, and dedication of the Irondale High School Girls Hockey Team and congratulates them on their Consolation win. Adopted this 13th day of April, 2009. ATTEST: Joe Flaherty, Mayor Councilmember Stigney Councilmember Hull Councilmember Mueller Councilmember Gunn James Ericson, Clerk-Administrator (SEAL) Item No: 7A Meeting Date: April 13, 2009 Type of Business: CB & PH Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk-Administrator Item Title/Subject: Public Hearing to Consider the First Reading and Introduction of Ordinance 819, an Ordinance Amending Chapter 7, Section 7.03, of the City Charter Relating to “Fees” Background: The Charter Commission has adopted a resolution to amend the City Charter in Section 7.03 relating to “fees”. The amendments serve to clarify which fees are subject to annual increase limitations. According to Subdivision 1 of Section 7.03, any fee increased beyond the limits established shall be put to a vote of the residents at a general or special election. The limits, generally speaking, are as follows: Either the prior year tax levy dollar amount increased by a maximum of 5%, or the Minneapolis / St. Paul CPI plus 2%, whichever is less. The Charter Commission approved Resolution 2009-02d at their meeting on March 12, 2009. The resolution is attached for your reference. Discussion: Attached is Ordinance 819 which incorporates the language adopted by the Charter Commission in Resolution 2009-02d. This Ordinance is being presented for a public hearing and first reading on April 13, 2009, with a second reading and adoption presently scheduled for April 27, 2009. Recommendation: Staff recommends the City Council hold the public hearing and approve the first reading and introduction of Ordinance 819, an ordinance amending Chapter 7, Section 7.03, of the Mounds View City Charter. Respectfully submitted, ________________________ James Ericson Clerk-Administrator ORDINANCE NO. 819 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.03, OF THE CITY CHARTER RELATING TO FEES SUBJECT TO PROVISIONS OF SECTION 7.03, SUBDIVISIONS 1 AND 2 THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 7, Section 7.03, Subdivision 3 of the City Charter be amended with additions underlined and deletions stricken as follows: CHAPTER 7 TAX ATION AND FINANCES … Section 7.03 System of Taxation … Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section. a) For the purposes of this Section, "fee" includes utility charges (other than water, sanitary sewer, storm water and street light), recycling fees, franchise fees (for cable, gas and electric), Administrative offense fees, and shall also include any other fee that produces a tax burden or direct financial obligation to a simple majority of property owners and/or residents of Mounds View and not specifically excluded in Section 7.03 Subd. 3b. b) For the purposes of this Section, the term "fee" does not include: Filing for Office fee, park or recreational participation fees, charges for photo-copying, sales of municipal liquor store products, Building and Zoning Permit or Inspection and Planning fees, or civil, criminal and banking fines and other charges collected in cases of restitution or violation of law or contract. The term “fee” does not include charges collected by the direction of the State, County or other taxation authority, or as a result of joint powers agreements. The term "fee" also does not include rental housing fees, liquor license fees, cable television service franchise fees, annual license fees for the operation of a regulated business, and any miscellaneous fees for services, including health and safety related Code enforcement, and other goods, services or materials routinely provided by the City to its citizens or other members of the public which, by law, must be limited to that for those applicable, pursuant to MN Statute, the amount charged for certain fees shall reflect the actual cost of the service being provided. The term "fee" shall not include any special assessments made under Minnesota Statutes Section 429, as amended. Ord 819 Page 2 c) For the purposes of this Section, "fee increase" includes a new tax or fee, a monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion in the legal definition of a tax or fee base, and an extension of an expiring tax or fee, excluding the annual recertification of the utility franchise fee. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 13th day of April, 2009. Read and passed by the Mounds View City Council on this 27th day of April, 2009 Publication Date: May 7, 2009 __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ Jim Ericson, Clerk-Administrator (SEAL) Item No. 07B Type of Business: CB Meeting Date: April 9, 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 7432, Authorizing a Residential Kennel License for William Carlson and Georganne Nietz, located at 8041 Long Lake Road Background William Carlson and Georganne Nietz currently own three dogs (2 Yellow Labrador Retrievers and a Short Hair Labrador Retriever) at their residence located at 8041 Long Lake Road 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 8041 Long Lake Road. Their petition was verified by staff, and meets the requirements of the City Code. The petition does contain more than 50% of all registered landowners and land occupants. Staff also requested a police report(s) on the property, and there were no incidents found. All applicable fees have been paid for this license. The owners are also seriously considering rescuing a Golden Retriever. In accordance with our City Code (Section 701.03, subd. 10): Subd. 10. DOG KENNEL: a. Residential: Any premises where three (3) or four (4) dogs over six (6) months of age are owned, boarded, bred, kept, or harbored. (Ord. 696, 4-22-02) The owner has been informed that if they do adopt/rescue another dog, they must licensed that dog as well in accordance with our City Code. Recommendation William Carlson and Georganne Nietz have met all the requirements of the City Code, and therefore Staff recommends approval of Resolution 7432, approving a Residential Kennel License located at 8041 Long Lake Road. Georganne Nietz will be present at this meeting to answer any questions. Respectfully submitted, Desaree Crane RESOLUTION REVISED AS OF APRIL 13, 2009. WRONG NUMBER WAS PLACED ON THE RESOLUTION. RESOLUTION NO. 7432 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A RESIDENTIAL KENNEL LICENSE LOCATED AT 8041 LONG LAKE ROAD FOR WILLIAM CARLSON AND GEORGANNE NIETZ WHEREAS, William Carlson and Georganne Nietz have applied for a Residential Kennel license located at their residence, 8041 Long Lake Road; 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 8041 Long Lake Road; and WHEREAS, this license will expire on June 30, 2009; and WHEREAS, this license shall be conditioned upon the satisfactory cleaning of the property. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does grant a residential kennel license to William Carlson and Georganne Nietz located at 8041 Long Lake Road; and NOW, THEREFORE, BE IT FURTHER RESOLVED that this licenses will expire June 30, 2009. Adopted this 13th day of April, 2009. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No: 7E Meeting Date: April 13, 2009 Type of Business: CB Administrator Review____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mike Sommer, Police Chief Item Title/Subject: Approval to Proceed with the Department of Justice COPS Hiring Grant Program for One New Police Officer Date of Report: April 13, 2009 Background: The U.S. Department of Justice is offering a funding opportunity through the Community Oriented Policing Services (COPS) office. This grant program, called COPS Hiring Recovery Program has up to $1 billion in grant funding nation wide to provide for 100% of the salary and benefits to hire additional police officers for a three year period. A review of the grant provisions indicated that the grant would cover the step increases listed in the Mounds View Police Union contract. If successful in receiving a grant under this program, the City of Mounds View would receive an award of about $302,966. This funding would be used to cover the salary and benefits of an additional Police Officer for three years. The City would need to fund the position for an additional one year with city funding. The salary and benefits cost for the additional year in 2013 is projected at about $114,955, assuming there would be no gap or lag time in hiring a replacement officer due to retirement or resignations occurring during the time in question. If retirements occur during the time frame of the grant, lag times in hiring replacement result in cost savings that should be considered when evaluating the value of the grant funding. The deadline for the grant application is April 14, 2009. Recommendation: Staff is seeking council approval to submit a grant application requesting funding under the COPS Hiring Program for one additional Police Officer. Respectfully submitted by Mike Sommer, Police Chief RESOLUTION 7433 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING APPROVAL TO PRECEDE WITH A GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE COPS HIRING PROGRAM FOR ONE NEW POLICE OFFICER WHEREAS, the Department of Justice is offering grants through its Community Oriented Policing Services (COPS) Office Hiring Recovery Program; and, WHEREAS, the process for obtaining an award under this program is a competitive one; and, WHEREAS, the grant will fund 100% of the salary and benefits of new officers for a three year period, so long as communities commit to retaining the new position(s) for one year beyond the three year grant period; and, WHEREAS, the deadline for the grant application is April 14, 2009. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize staff to proceed with a grant application to the Department of Justice COPS Hiring Recovery Grant Program, requesting an award for one new Police Officer. Adopted this 13th day of April, 2009. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, City Administrator Item No. 7F Meeting Date: April 13, 2009 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mike Sommer, Police Chief Item Title/Subject: Resolution 7440 Approving the Purchase of a Police Squad Car for 2009 Date of Report: April 13, 2009 NATURE OF REPORT: The police department budgeted $58,000 for the replacement of two squad cars and equipment set up for 2009. This budget was approved by the City Council. Elk River Ford has been awarded the state bid for the 2009 Ford Crown Victoria Police Interceptor at a cost of $21,722.36 each. This cost does not include necessary equipment and set up expenses, which have been budgeted separately. Staff have checked on the price of squad cars from dealers who have not been awarded the MN State bid, and no dealers can match or beat the state bid pricing. The deadline for ordering squad cars on the state bid is May 1st. If two squad cars are purchased this will place the police department on about a five year squad car replacement cycle, which is appropriate for the use of police squad cars in the City of Mounds View. At the staff retreat a suggestion was made to purchase only one squad car in 2009 to save money from the budget. While this will save money in the short term it will result in an emergency vehicle being placed into a longer service life, which may result in more repairs and more break downs. The police department utilizes the Admin MN State Surplus Services auction to sell the old squad cars being phased out and has received excellent service in the past from this business. RECOMMENDATION: In light of the councils recommendation to reduce police department spending staff recommends purchasing one 2009 Ford Crown Victoria squad car on the State bid through Elk River Ford at an estimated total cost of $21,722.36 excluding tax, registration, license, and emergency equipment set up and approval to sell the old phased out squad car at the State auction service. Purchasing one squad car instead of two will result in a reduction in Police Department spending of approximately $27,722.36 (cost of squad car and set up.) Respectfully submitted, _____________________ Mike Sommer Police Chief RESOLUTION 7440 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING 2009 SQUAD CAR PURCHASE WHEREAS, the Mounds View Police Department maintains a replacement schedule of police vehicles to ensure that the Police Department is properly equipped to provide emergency response to its citizens, and ; WHEREAS, the Mounds View Police Department planned and budgeted for replacement of two squad cars to meet this need in 2009, and; WHEREAS, the replacement cost of two squad cars was budgeted in 2009 at an estimated cost of $23,000.00 each, plus equipment and set up, and; WHEREAS, Elk River Ford was awarded the state bid for the 2009 Ford Crown Victoria Police Interceptor Package at an approximate cost of $21,722.36 each; WHEREAS, the City Council for the City of Mounds View has indicated a need to reduce Police Department spending in 2009, therefore to accomplish this only one squad car is to be purchased in 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View authorizes the purchase of one 2009 Ford Crown Victoria squad car under the state bid at an approximate cost of $21,722.36 plus tax, registration, and any license fees, and the sale of the one old squad car being replaced through the Admin MN State Surplus Services auction. Adopted this 13th day of April 2009. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ Jim Ericson, City Administrator (seal) Item No: 7H Meeting Date: April 13, 2009 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7437 Approving The Purchase Agreement For Wetland Banking Credits For The County Road 10 Trailway Project: Segments 1-5 And Authorizing Payment Background: On January 9, 2006 the City Council approved Resolution 6716 authorizing the preparation of a feasibility report for the County Road 10 Trailway Project: Segments 1-5, along the north side of County Road 10 from County Road H to Red Oak Drive. On November 13, 2007 the City Council reviewed the Feasibility Report for the County Road 10 Trailway Project: Segments 1-5 and held a Public Hearing on the project. The City Council chose not to proceed with the project at that time for two primary reasons. The first was the increased project cost relative to the estimated project cost included in the City Capital Improvement Plan (CIP). The second reason was the reduction in TIF funds available for the project. On June 9, 2008 the City Council adopted Resolution 7279 approving the Feasibility Report, ordering the project with reduced scope, authorizing the preparation of plans and specifications, and authorizing easement activities for the County Road 10 Trailway Project: Segments 1-5. On November 24, 2008 the City Council adopted Resolution 7362 approving the plans and authorizing the advertisement for bids for the County Road 10 Trailway Project: Segments 1-5. On December 17, 2008 the permit application documents for the County Road 10 Trailway Project: Segments 1-5 were submitted to the Department of the Army Corps of Engineers (COE) for wetland impacts. On December 19, 2008 the permit application documents for the County Road 10 Trailway Project: Segments 1-5 were submitted to the Rice Creek Watershed District (RCWD) for wetland impacts. On December 31, 2008 the COE provided written approval of the permit for the project, subject to mitigation of the wetland impacts. April 13, 2009 Item No. 7H Page 2 On January 28, 2009 the RCWD provided written approval of the permit for the project, subject to mitigation of the wetland impacts. Discussion: Wetland Impact The project to construct County Road 10 Trail Segments 1-5 will impact three separate regulated wetlands – one near the intersection at County Road H, and the other two near the intersection at Woodale Drive. The total impact of the wetland impacts is 1,097 square feet. The impacts to the wetlands requires two separate permits to be obtained – a Wetland Conservation Act permit from RCWD, and a General Permit from the COE. Applications for each permit were made in December 2008. Included with this Staff Report is the cover from the application materials submitted to the COE, along with Figure 3 from that submittal which shows the impacts to the regulated wetlands. Required Mitigation of Wetland Impact The wetland impacts must be mitigated at a ratio of 2.25-to-1. Therefore, for a total impact of 1,097 square feet, the required mitigation is 2,468 square feet, which is equal to 0.056 Acres. Wetland mitigation can be accomplished by either creation of new wetland as part of the project improvements, or by purchase of existing wetland “credits”. When development occurs, sometimes the projects create more wetland area than required. Those projects can then put those excess credits on file with the “Wetland Bank”. The Wetland Bank is managed and maintained by the Board of Water and Soil Resources (BWSR) at the State level. For the Trails 1-5 Project, with such a small wetland impact, the easiest and most cost effective way to perform the required mitigation is simply to purchase credits from the Wetland Bank. This was identified in the permit applications made for the project in December 2008, and a draft application for the Withdrawal of Wetland Credits from the Minnesota Wetland Bank was included in the materials submitted to RCWD and the COE. A copy of the draft Withdrawal form is included with this Staff Report for reference. The permit approvals granted for the project acknowledged that the wetland mitigation would be provided through the purchase of wetland credits. This is shown in both the approval letter from COE dated December 31, 2008, and the conditional approval report from RCWD, dated January 28, 2009. Copies of each of these documents are attached to this Staff Report for reference. April 13, 2009 Item No. 7H Page 3 Purchase Agreement for Wetland Credits The next step in the process is for both the buyer of the credits (Mounds View) and the seller to sign a Purchase Agreement for the transaction. The Purchase Agreement has been prepared, and has been reviewed and agreed to by both the City Attorney and the designated representative for the seller. A copy of the proposed Purchase Agreement is included with this Staff Report. The Purchase Agreement actually involves two sellers of the credits: Restoration Development LLC, and U.S. Home Corporation (dba Lennar). In addition to the payments made to each seller, an administrative fee is also charged by BWSR for the management of the bank and the execution of the transaction. The total of the three payments to be made by Mounds View under the Purchase Agreement is $3,896.87. A breakdown of the payments is shown in the following table: County Road 10 Trailway Project: Segments 1-5 Purchase of Credits for Wetland Impacts Item Amount Restoration Development, LLC $ 2,439.36 U.S. Home Corporation $ 1,219.68 Subtotal $ 3,659.04 BWSR – Administrative Fee (6.5%) $ 237.83 Total Payments $ 3,896.87 As noted in Paragraph 5 of the Purchase Agreement, the transaction is to be completed by April 30, 2009. Once the Purchase Agreement has been approved and executed, the City will prepare and submit a completed Withdrawal Form for the purchase of credits from each seller, along with the payment to each. The seller will certify the receipt of payment and sign the Withdrawal Form. The transaction will then be approved by BWSR, and the City account will be debited for the wetland credits. The City will receive signed copies of the approved Withdrawal Forms from BWSR, which will serve as both their receipt for the transaction, and also proof of the required mitigation for the project impacts. The Withdrawal Form for each credit purchase has been prepared, and will be provided for signature by City officials upon approval of the Purchase Agreement. April 13, 2009 Item No. 7H Page 4 Recommendation: Resolution 7437 has been prepared in accordance with the previous discussion. The Resolution is attached to this Staff Report for consideration by the City Council. Staff recommends that the City Council adopt Resolution 7437, approving the purchase agreement for wetland banking credits for the County Road 10 Trailway Project: Segments 1-5, and authorizing the payments identified in the agreement. Respectfully submitted, Joseph R. Rhein, Consulting Engineer Attachments: - Resolution 7437 - Purchase Agreement for Wetland Banking Credits - Wetland Permit Application Submittal – Cover Sheet and Figure 3 - Corps of Engineer Permit Approval Letter – December 31, 2008 - Rice Creek Watershed District Conditional Approval Report – January 28, 2009 - Draft Application - Withdrawal of Wetland Credits from the Minnesota Wetland Bank RESOLUTION 7437 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PURCHASE AGREEMENT FOR WETLAND BANKING CREDITS FOR THE COUNTY ROAD 10 TRAILWAY PROJECT: SEGMENTS 1-5 AND AUTHORIZING PAYMENT WHEREAS, on November 13, 2007 the City Council received the Feasibility Report and held a Public Improvement Hearing for the County Road 10 Trailway Project: Segments 1-5; and WHEREAS, pursuant to Resolution 7279 adopted by the City Council on June 9, 2008 the Feasibility Report for the County Road 10 Trailway Project: Segments 1-5 was approved, the project was ordered under a reduced scope, and preparation of the plans and specifications was authorized; and WHEREAS,pursuant to Resolution 7362 adopted by the City Council on November 24, 2008 the plans and specifications for the County Road 10 Trailway Project: Segments 1-5 were approved; and WHEREAS,the improvements to be performed under the County Road 10 Trailway Project: Segments 1-5 will impact three separate regulated wetlands; and WHEREAS, mitigation of the wetland impacts at a ratio of 2.25-to-1 is required by the permits necessary for the project; and WHEREAS,due to the small amount of wetland impact, the most efficient and cost effective way for Mounds View to provide mitigation is by the purchase of credits from the Minnesota Wetland Bank; and WHEREAS,a purchase agreement for the acquisition of the necessary wetland credits has been prepared. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1.The Purchase Agreement for Wetland Banking Credits from the Minnesota Wetland Bank administered by the Board of Water and Soil Resources is hereby approved. 2.The Mayor and Clerk-Administrator are authorized to execute said Agreement on behalf of the City. Resolution 7437 Page 2 3.Authorization is hereby given to make the payments as identified in the Agreement, totaling $3,896.87. Adopted this 13th day of April 2009. ____________________________________ Joe Flaherty, Mayor (ATTEST) ____________________________________ James Ericson, Clerk-Administrator (SEAL) Page 1 of 2 BWSR Form: revised for Restoration Devlopment.doc Revised 03/05/2009 PURCHASE AGREEMENT FOR WETLAND BANKING CREDITS THIS AGREEMENT is made this ___ day of ___________, 2009 between Restoration Development LLC/U.S. Home Corporation (Sellers) and City of Mounds View (Buyer). 1.Sellers agree to sell to Buyer, and Buyer agrees to buy from Sellers, the wetland banking credits (Credits) listed below: CREDITS TO BE SOLD Credit Sub- Group¹ NWC Acres or Sq. Ft. PVC Acres or Sq. Ft. Wetland Circ. 39 Type² Plant Community Type3 Cost per Acre or Sq. Foot State Fee 6.5%Fee Cost A.0.065 B.0.065 C.0.065 D.0.056 acres Type 5 65,340 acre 0.065 $237.83 E.0.065 Totals 0.056 acres $237.83 Check here if additional credit sub-groups are part of this account and are listed on an attachment to this document. ¹A separate credit sub-group shall be established for each wetland or wetland area that has different wetland characteristics. ²Circular 39 types: 1, 1L, 2, 3, 4, 5, 6, 7, 8, B, U. ³See Wetland Plants and Plant Communities of Minnesota and Wisconsin (Eggers and Reed, 1997)as modified by the Board of Water and Soil Resources, United States Army Corps of Engineers. 2.Sellers represent and warrant as follows: a)The Credits are deposited in an account in the Minnesota Wetland Bank administered by the Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minn. Rules Chapter 8420.0700-.0760. b)Sellers own the Credits and have the right to sell the Credits to Buyer. 3.Buyer will pay Sellers a total of $3,659.04 for the Credits, as follows: b)The sum of $1,219.68 to be paid to U.S. Home Corporation and $2,439.36 to be paid to Restoration Development LLC on or before the Closing Date listed below. Page 2 of 2 BWSR Form: revised for Restoration Devlopment.doc Revised 03/05/2009 4. Buyer agrees to pay to a withdrawal fee of $237.83 to the State of Minnesota based on 6.5% of the agreed to purchase price. At the Closing Date Buyer will execute a check made out for this amount, payable to the Board of Water and Soil Resources. 5.The closing of the purchase shall occur on or before April 30, 2009 (Closing Date) at 1521 94th Lane NE, Blaine MN 55449. The Closing Date and location may be changed by written consent of both parties. Upon payment of the balance of the purchase price, Sellers will sign a fully executed Application for Withdrawal of the Credits in the form specified BWSR, provide a copy of the Application for Withdrawal to the Buyer and forward the same to the BWSR along with the check for the withdrawal fee. 6.Buyer has applied or will apply to Rice Creek Watershed District for approval of a replacement plan utilizing the Credits as the means of replacing impacted wetlands. If the LGU has not approved the Buyer’s application for a replacement plan utilizing the Credits by the Closing Date, and no postponement of the Closing Date has been agreed to by Buyer and Sellers in writing, then Buyer may cancel this Agreement by giving written notice to Sellers or the Sellers may cancel this Agreement by giving written notice to Buyer. In this case neither Buyer nor Sellers shall have any further obligations under this Agreement. RESTORATION DEVELOPMENT LLC CITY OF MOUNDS VIEW By:___________________________________By:___________________________________ Dave Newman (Date)Joe Flaherty (Date) Its: Mayor U.S. HOME CORPORATION By:____________ Jim Ericson (Date) Its: City Clerk-Administrator By:___________________________________ (Date) ___________________________________ Printed Name DEPARTMENT OF THE ARMY ST. PAUL DISTRICT, CORPS OF ENGINEERS SIBLEY SQUARE AT MEARS PARK 190 FIFTH STREET EAST, SUITE 401 ST. PAUL MN 551011638 REPLY TO ATrENTION OF Operations December 3 1,2008 Regulatory (2006-07359-TJF) Mr. Daniel Tersteeg Bonestroo Associates 2335 Highway 36 West Saint Paul. Minnesota 55 1 13 Dear Mr. Tersteeg: We have reviewed the permit application of the City of Mounds View to construct a 1.3- mile long, 10-foot wide pedestrian trail along the north side of CSAH 10. The proposed project will result in a discharge of fill material into a total of 1,097 square feet of regulated wetlands - 1,071 square feet of fresh (wet) meadow and 26 square feet of shallow open water. The wetland impact areas are connected to Rice Creek, a tributary of the Mississippi River, a navigable water of the U.S. The project site is in Sections 6,7, and 8, T30N, R23W, Ramsey County, Minnesota. Department of the Army Regional General Permit-03-MN (RGP-03-MN) provides authorization under Section 404 of the Clean Water Act for certain categories of activities involving the discharge of dredged or fill material into waters of the U.S. We have determined that the described work is authorized by (RGP-03-MN), provided the attached Standard Conditions and the following special condition are followed: 1. Compensatory wetland mitigation for this project will be accomplished through the purchase of mitigation credits from Bank #I346 in Hennepin County, Minnesota. kpproximately 2,468 square feet of shallow open water &land credits will be debited from this bank. The permittee shall provide certification that the credits have been debited, within 60 days of the issuance date of this permit and prior to any authorized impacts to waters of the United States. This determination covers only the project as described above. If the design, location, or purpose of the project is changed, our office should be contacted to make sure the work would not result in a violation of Federal law. This General Permit is valid until August 2, 201 1, unless modified, reissued, or revoked. The time limit for completing the work described above ends on that day, OR two years from the date of this letter, whichever occurs later. It is the permittee's responsibility to remain informed of changes to the General Permit program. If this authorized work is not undertaken within the above time period, or the project specifications have changed, our office must be contacted to determine the need for further approval or re-verification. Permit Application Number: 08-073 Permit Applicant Name: County Road 10 - Trail Segments 1-5 Applicant: Consultant: Jim Ericson City of Mounds View 2401 Highway 10 Mounds View, MN 551 12 Ph: 763-717-4001 Fx: 763-717-4019 jim.ericson@ci.mounds-viewmnus Joe Rhein Bonestroo Inc. 2335 Highway 36 W St. Paul. MN 551 13 Ph: 651-604-4803 Fx: 651-636-1311 joe.rhein@bonestroo.com Project Name: County Road 10 -Trail Segments 1-5 Purpose: Construction of a 10 foot wide bituminous pedestrian trail, parallel to County Road 10 from Red Oak Drive to Edgewood Road and St. Stevens Street to County Road H. Site Size: 1.7 miles of trail will be constructed within the County Road 10 corridor increasing the impervious area by 1.56 acres from 56.35 acres of existing impervious surface to 57.91 acres of proposed impervious surface. Location: Project is located in the City of Mounds View, Ramsey County, MN. Trail construction is proposed to parallel County Road 10 from Red Oak Drive to Edgewood Road and St. Stevens Street to County Road H. m: Section 7, 8 and 18, T30N, R23W District Rule: C. D. F Recommendations: Conditional Approval Pending Receipt of Changes (CAPROC) It is recommended that this Permit Application 08-073 be given Conditional Approval Pending Receipt of Changes (CAPROC) and outstanding items related to the following items. Rule D - Erosion and Sediment Control 1. The applicant did not submit an NPDES permit. The applicant must submit a signed copy of the NPDES permit to the RCWD after a contractor is chosen for the project. (Rule D.4(9)) 2. Storm sewer inlet protection is required during construction activities at culvert crossing #I (Rule D.3) Administrative 3. The applicant must submit endorsed Application for the Withdrawal of Wetland Credits from the Minnesota Wetland Bank or endorsed Purchase Agreement for Wetland Banking Credits. Stipulations: The permit will be issued with the following stipulations as conditions of the permit. By accepting the permit, applicant agrees to these stipulations Houston Engineering Inc Page 1 of 4 Item No. 7I Meeting Date: April 13, 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 7438 Approving Change Order No. 1 to the 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. On January 29, 2009 bids were opened for the 2009-2010 Street and Utility Improvement Project. On February 23, 2009 the City Council adopted Resolution 7414 awarding the construction contract for the 2009-2010 Street and Utility Improvement Project to the firm of North Valley, Inc. April 13, 2009 Item No. 7I Page 2 Discussion: Sanitary Sewer Repairs in the 2009-2010 Street and Utility Improvement Project The 2009-2010 Street and Utility Improvement Project includes a number of repairs to the existing sanitary sewer system. Included in these are three methods of non-intrusive repairs: - Chemical sealing of individual joints between pipes - Installation of short (5 to 10 feet long) liners in the pipe - Lining an entire segment of pipe from manhole to manhole The merits of each of these methods of repair were discussed in the original Feasibility Report for the 2007-2008 Street and Utility Improvement Project. The spot repairs are intended to address individual cracked pipe or leaking joints. They are not intended as a method for root control within the sewer mains. The lining of an entire segment of pipe from manhole to manhole, referred to as “slip lining”, is effective for cracked pipe, leaking joints, and root control. The liner essentially creates a new, seamless pipe inside the existing pipe. There are no joints in the liner, and therefore the liner is virtually unsusceptible to infiltration (leaking joints) and root intrusion. The non-intrusive sewer repairs included in the 2009-2010 Street and Utility Improvement Project were identified on the basis of cracked pipes or infiltration – not on root control. Therefore the majority of the non-intrusive repairs included in the project were spot repairs. Slip lining was proposed for only one segment of sanitary sewer that had several leaking joints, making it more cost effective to line the entire segment rather than install several short liners. Current Root Control Program Mounds View has been experiencing a wide spread maintenance issue of roots in the sanitary sewer. This is common for the type of sanitary sewer that exists in the City, due to the joint system of the older style of pipes. The current maintenance approach has been to treat the roots by chemical application. While effective, this is a short-term approach and is not a permanent solution for the problem. After treatment, the roots typically grow back in approximately 1 to 2 years, and the line requires treatment again. The treatment for roots results in a real expense to the City. The annual budget has typically included $15,000 to $20,000 for root control ($15,000 for 2009). The cycle for performing root control over the entire City is approximately 6 to 8 years. Looking at this from an overall perspective, through the course of one complete cycle of the current root control program, the City spends from $90,000 to $160,000, without making any real progress on the issue. April 13, 2009 Item No. 7I Page 3 Potential for Slip Lining for Permanent Root Control The permanent approach to root control would be to slip line the pipes. The permanent solution would require greater initial capital expenditure, but would save money in the long term. The City has not yet developed a comprehensive program for slip lining the sanitary sewer. However, the Public Works Department did include some amount of funds in the approved 2009 budget for slip lining and sanitary sewer main rehabilitation. The sewer lines to be slip lined for 2009 have not yet been determined. The Street and Utility Improvement Program provides an opportunity for the City to consider performing permanent root control on the sanitary sewer mains within the project areas, through slip lining. Slip lining could also be done after the streets have been reconstructed, but it would be preferred to perform the slip lining either as part of or in advance of each individual project in the Program. While slip lining is a non-intrusive operation, there is always a very small chance that an unforeseen condition encountered during the work could require the sewer main to be excavated. Public Works Staff has reviewed the sanitary sewer lines located within the 2009-2010 Street and Utility Improvement Project area, and have identified that 41 segments of sanitary sewer in the project area are currently being treated for roots. The total length of these segments is approximately 12,265 feet. For reference, there are 81 total segments of sanitary sewer in the project area. The 41 sewer segments identified in the 2009-2010 Street and Utility Improvement Project area would be the logical candidates towards which to apply the budgeted funds for slip lining in 2009. The sewer segment already identified for slip lining in the 2009-2010 Project is one of the 41 segments. Of the remaining 40 segments, there are 8 in which a spot repair is proposed under the 2009-2010 Project. These would be good choices for slip lining, since in addition to root control these segments also have either cracked pipes or leaking joints. If the slip lining were performed on these 8 segments, the spot repairs would not be necessary. For the remaining 32 segments of sewer in the 2009-2010 Project area that are being treated for roots, the Public Works Staff has ranked them in order of severity of the roots. April 13, 2009 Item No. 7I Page 4 Determining a 2009 Slip Lining Project Unfortunately, the amount included in the 2009 budget is not enough to slip line all 41 sewer segments identified in the 2009-2010 Street and Utility Improvement Project area. The number of segments that can be slip lined in 2009 is dependent upon the unit cost to perform the work. Since there was one segment of slip lining included in the original contract for the 2009-2010 Street and Utility Improvement Project, the City has a current unit price for the work with the contractor, as well as the bid unit prices of all 12 contractors who submitted bids on the 2009-2010 Project. The price in the contract is $34.00 per foot, while the range of all 12 bids received for the work was from $33.00 to $35.70 per foot. The options for the City to proceed with a 2009 Slip Lining Project for the sanitary sewer mains would be to either add the work to the contract for the 2009-2010 Street and Utility Improvement Project, or to hire a contractor under a separate contract. The benefits of adding the work to the 2009-2010 Street and Utility Improvement Project are: the City would have one contractor performing all the work, eliminating the potential for scheduling conflicts; the City would receive the same warranty on all work performed; and in the unforeseen event that there was a problem, the contractor has the capability of performing any needed excavation and repair, and the contract already has specified prices for such work. The primary benefit to pursuing the slip lining work under a separate contract would be the potential of getting a better price per foot than what is contained in the 2009-2010 Street and Utility Improvement Project. However, a separate project for slip lining would require separate construction documents, advertising, and receipt of bids. That would result in additional project costs, as well as a schedule delay of approximately 6 weeks. Given this information, the contractor for the 2009-2010 Street and Utility Improvement Project was approached to see if the price for slip lining could be lowered if the amount of work was increased. The contractor responded that the unit price for the work could be lowered from $34.00 per foot to $29.93 per foot due to the increased volume of work. This is a reduction of 12%. Based on investigation performed by the Public Works Staff, it is our opinion that the price received through a separate bid project for slip lining would not be appreciably lower than the $29.93 per foot price offered by the contractor. Adding the slip lining work to the 2009-2010 Street and Utility Improvement Project at the reduced price per foot would provide the primary benefit of a lower unit cost that would be expected from a separate contract, while maintaining all the benefits of keeping the work under a single contract. Therefore Staff is recommending that the 2009 slip lining work be added to the contract for the 2009-2010 Street and Utility Improvement Project. April 13, 2009 Item No. 7I Page 5 Proposed Change Order No. 1 to the 2009-2010 SUIP Change Order No. 1 to the 2009-2010 Street and Utility Improvement Project has been prepared to modify the contract to allow the additional slip lining work to be performed as part of the project. A copy of proposed Change Order No. 1 is attached to this Staff Report for reference. Since the slip lining work is proposed at a new, lower cost of $29.93 per foot, the line item for the work at the original price of $34.00 per foot would be deleted from the original contract. In addition, for the 8 segments of sewer where spot repairs were proposed but that would now be slip lined, the line items for the spot repairs would also be deleted from the original contract. The deletions from the original contract are shown in Part A of the proposed Change Order No. 1, and total a reduction of $30,680.50. Part B of proposed Change Order No. 1 would add the slip lining to the contract at the lower price of $29.93 per foot. The slip lining work would include the sewer segment proposed to be slip lined in the original contract, plus the 8 segments of sewer that had previously proposed for spot repairs. In addition, the funds available in the 2009 budget will allow for the top 6 ranked segments in terms of root problems to also be included in the work. This is a total of 15 segments that would be slip lined (out of the 41 segments identified by the Public Works Staff.) The total length of the sewer to be slip lined is 4,819 feet. A summary of the proposed Change Order No. 1 is shown below: Proposed Change Order No. 1 2009-2010 Street and Utility Improvement Project Part A – Deductions - Slip lining 1 segment of sewer at original price - Spot repairs in 8 segments of sewer Total deductions $30,680.50 Part B – Slip Lining Added - 1 segment to be slip lined in original contract - 8 segments where spot repairs had been proposed - 6 top ranked segments in terms of roots Total segments to be slip lined: 15 (out of 41) Total cost of slip lining $144,232.67 Net Addition due to Change Order No. 1 $113,552.17 April 13, 2009 Item No. 7I Page 6 It should be noted that Change Order No. 1 would not delete all spot repairs from the 2009-2010 Street and Utility Improvement Project. It would only delete the spot repairs from those sewer segments that are proposed to be slip lined, where root problems are experienced. There are other spot repairs included in the original contract for the 2009-2010 Project for sewer segments where the City does not experience root problems. The spot repairs in those sewer segments will still be performed as originally planned. Financing: Financing for all of the sanitary sewer work included in the original contract for the 2009-2010 Street and Utility Improvement Program was provided for in the approved 2009 budget, under Fund 730, Department 4823, Account 7050 – Construction. Therefore funding for the net addition due to Change Order No. 1 is the only amount that would need to be provided for under this consideration. There are two line items in the System Maintenance Account of the Wastewater Infrastructure portion of the approved 2009 budget (Account Number 730-4823- 5160) that could be applied to the work. A summary of the proposed funding is shown in the following table: Proposed Financing Change Order No. 1 2009-2010 Street and Utility Improvement Project Budget Account No.Item Amount 730-4823-5160 Sewer main & manhole rehabilitation $ 50,000.00 730-4823-5160 Sewer pipe relining program $ 75,000.00 Total Budget Funds Available $125,000.00 Net Amount of Change Order No. 1 $113,552.17 Amount below budget $ 11,447.83 From the table it can be seen that the slip lining proposed in Change Order No. 1 would be approximately 10% lower than the amount available in the budget. It should be noted that the amount shown in the table is construction cost only. Additional costs will be incurred for project work associated with the slip lining, including such things as engineering, inspection, and testing. The remaining 10% in the budget items should be sufficient to cover these associated costs. April 13, 2009 Item No. 7I Page 7 Schedule: Proposed Change Order No. 1 has been prepared by Bonestroo, and has been reviewed and approved by the contractor, North Valley Inc. The copy of the Change Order included with this Staff Report shows the signatures by both Bonestroo and North Valley Inc. The preconstruction meeting with North Valley Inc. for the 2009-2010 Project was held on April 7, 2009. The primary construction crews for the utility and street work will likely begin work either the first or second week of May. However, the non-intrusive sanitary sewer work is done in advance of the other utility and street work, and is likely to begin the week of April 20, 2009. Therefore, if the City Council is inclined to approve Change Order No. 1 to include the additional slip lining work in the project, it would be best to approve the Change Order at the City Council meeting of April 13, 2009. Recommendation: Resolution 7438 has been prepared in accordance with the preceding discussion, and is included with this Staff Report for consideration. Based on the information presented, Staff recommends that the City Council adopt Resolution 7438 approving Change Order No. 1 to the construction contract for the 2009- 2010 Street and Utility Improvement Project. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7438 x Change Order No. 1 to the 2009-2010 Street and Utility Improvement Project RESOLUTION 7438 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT FOR THE 2009-2010 STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, Mounds View experiences an ongoing maintenance problem in its sanitary sewer system due to the intrusion of roots; and WHEREAS, chemical treatment is currently used for control of the roots, which provides only a short-term and not a permanent solution; and WHEREAS, slip lining segments of the sanitary sewer main for their full length from manhole to manhole will provide a permanent solution for root control; and WHEREAS, the approved budget for 2009 includes funding for slip lining of sanitary sewer mains; and WHEREAS, the 2009-2010 Street and Utility Improvement Project provides an opportunity for performing the sanitary sewer slip lining in coordination with the improvements being made to the City utility and street infrastructure; and WHEREAS, the construction contract for the 2009-2010 Street and Utility Improvement Project includes non-intrusive sanitary sewer maintenance work, including spot repairs within several segments of sanitary sewer as well as slip lining for one full length segment of sanitary sewer; and WHEREAS, slip lining additional segments of sanitary sewer would eliminate the need for spot repairs in those segments, resulting in a cost savings; and WHEREAS, the unit price for the slip lining in the construction contract for the 2009-2010 Street and Utility Improvement Project can be lowered if the volume of the slip lining work in increased; and WHEREAS, Change Order No. 1 to the construction contract for the 2009-2010 Street Improvement Project has been successfully negotiated with the contractor, North Valley Inc., to allow for the increased slip lining work; and WHEREAS, including the slip lining work for additional segments of sanitary sewer to the 2009-2010 Street Improvement Project provides a cost effective, efficient, and coordinated method of performing the slip lining work. Resolution 7438 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1.Change Order No. 1 to the construction contract for the 2009-2010 Street and Utility Improvement Project in the amount of $113,552.17 is hereby approved. 2.The Mayor and City Administrator are hereby authorized and directed to execute said Change Order No. 1. 3.The funds for the work performed under Change Order No. 1 will be derived from the System Maintenance Account of the Wastewater Infrastructure & Equipment Maintenance fund of the approved 2009 budget (Account No. 730-4823-5160). Adopted this 13th day of April 2009. ____________________________________ Joe Flaherty, Mayor (ATTEST) ____________________________________ James Ericson, Clerk-Administrator (SEAL) Date April 3, 2009 Bond No: Description of Work Contract Unit Total No.Item Unit Quantity Price Amount CHANGE ORDER NO. 1, PART A (DEDUCT) 1 5' CIPP, 8" VCP EA 8 ($1,673.75) ($13,390.00) 2 10' CIPP, 8" VCP EA 1 ($2,575.00) ($2,575.00) 3 INLINE CIPP, 8" VCP LF 377 ($34.00) ($12,818.00) 4 TEST 8" SEWER JOINT EA 6 ($211.15) ($1,266.90) 5 SEAL 8" SEWER JOINT EA 6 ($72.10) ($432.60) 6 CHEMICAL GROUT GL 20 ($9.90) ($198.00) TOTAL CHANGE ORDER NO. 1, PART A (DEDUCT)($30,680.50) CHANGE ORDER NO. 1, PART B (ADD) 7 INLINE CIPP, 8" VCP LF 4819 $29.93 $144,232.67 TOTAL CHANGE ORDER NO. 1, PART B (ADD)$144,232.67 TOTAL CHANGE ORDER NO. 1, PART A (DEDUCT)($30,680.50) TOTAL CHANGE ORDER NO. 1, PART B (ADD)$144,232.67 TOTAL CHANGE ORDER NO. 1:$113,552.17 Part A: Part A of this Change Order deletes from the contract those bid items and quantities for the sanitary sewer spot repairs that are no longer necessary. It also deletes the original contract quantity and unit price for the slip lining bid item. Part B: Part B of this Change Order adds the total quantity of slip lining to be performed to the contract, and also identifies the revised unit price for the slip lining item. Owner: City of Mounds View, 2401 Hwy. 10, Mounds View, MN 55112 Contractor: North Valley, Inc., 20015 Iguana St. NW, Nowthen, MN 55330 Bond Company: This Change Order modifies the non-intrusive sanitary sewer repairs to be performed as part of the project. The original contract included several spot repairs of the sanitary sewer system, including chemical sealing of individual pipe joints, and installation of short length (5 to 10 feet) cured in place liners. In addition to the spot repairs the original contract also included cured in place slip lining of one complete segment of sanitary sewer main from manhole to manhole. This Change Order will provide for performing cured in place slip lining for several additional segments of the sanitary sewer from manhole to manhole. For those segments of sanitary sewer where a spot repair was originally included in the contract but that will now be slip lined for their entire length, the work for individual spot repairs is no longer necessary. Due to the increased amount of slip lining to be performed, a new unit price for the work was negotiated. The segments of sanitary sewer to be slip lined are shown on the revised sheets of the construction documents. CHANGE ORDER NO. 1 2009-2010 STREET AND UTILITY IMPROVEMENT PROJECT CLIENT PROJECT NO.2008-003 BONESTROO FILE NO. 000435-07129-0 435-07129CHO1.xls Item 7J Meeting Date: April 13, 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 7439 Authorizing Preparation of the Required Municipal Separate Storm Sewer System Mapping Components Background: On May 6, 2008 the Minnesota Pollution Control Agency (MPCA) extended the coverage of Mounds View’s Municipal Separate Storm Sewer System (MS4) permit under the National Pollutant Discharge Elimination Program (NPDES). On June 23, 2008 the City Council adopted Resolution 7299 authorizing Bonestroo to prepare the Local Surface Water Management Plan (LSWMP) for the City. On February 2, 2009 the City Council reviewed the Revised City Review Draft of the LSWMP, along with the possibility of combining the LSWMP map with the City’s required MS4 mapping components, and directed that a scope of work and cost to complete the required MS4 mapping components be prepared. On February 9, 2009 the City Council adopted Resolution 7408 Granting Preliminary Approval to the Agency Review Draft of the LSWMP and Authorizing Distribution to Review Agencies. Discussion: One of Mounds View’s stormwater obligations as a holder of an MS4 permit under the NPDES program is the development of a storm sewer system map by June 30, 2008. This map must identify stormwater features (e.g. stormwater ponds, infiltration basins, structural pollution control devices, outfalls, etc.) in the City that are regulated under the City’s MS4 permit. The City currently has a storm sewer system map; however, the map doesn’t include all of the components required by the City’s MS4 permit. April 13, 2009 Item No. 7J Page 2 While the preparation of the storm sewer system map as required by the MS4 permit is outside the scope of the mapping needs of the LSWMP, the basic MS4 map framework coincides with the framework for the LSWMP map. This provides an opportunity for the City to take advantage of the work being performed for the LSWMP and leverage it to complete the required work for the MS4 permit in a cost effective manner. The MS4 regulated stormwater features can be added to the drainage area map prepared for the LSWMP to create one map that serves two purposes: a drainage area map for the LSWMP and the storm sewer system map for MS4 permit compliance. The benefits to creating a single map for two purposes include cost savings in creating, printing, and updating the map, as well more efficient map management, eliminating the possibility of creating contradictory information if multiple maps are maintained. The concept for combining the LSWMP and MS4 requirements onto a single map has been reviewed by both City Staff and the City Council, and both support the idea. At their Work Session on February 2, 2009 the City Council requested that a scope and cost estimate be prepared for the work necessary to accomplish it. Bonestroo is the consulting engineering firm who is currently preparing the LSWMP for Mounds View, and who also has historically provided assistance to the City regarding its MS4 stormwater permit. Bonestroo has submitted a written proposal for the preparation of the combined LSWMP and MS4 map. The written proposal is in the form of a letter agreement that outlines the project understanding, scope of services, and proposed compensation for the work. Upon execution, the letter agreement would become a supplement to the existing Professional Services Agreement between Mounds View and Bonestroo for this specific work. A copy of the letter agreement, dated April 9, 2009, is included with this Staff Report. Ongoing Map Upkeep Once the MS4 map has been created, it will be necessary to update the MS4 map annually to identify new or revised stormwater features. One specific item that will need to be included will be the infiltration features constructed with each project in the Street and Utility Improvement Program. The City will receive the electronic files for the MS4 map created now, and will also receive the electronic files for new stormwater features as they are constructed. Provided that City Staff has the available resources and time, future MS4 map updates could be completed by City Staff, saving the City the cost of having a consultant perform the work. April 13, 2009 Item No. 7J Page 3 Cost Estimate: The letter agreement from Bonestroo identifies three Tasks for completing the City’s required MS4 mapping components. The work for each Task is proposed on an hourly basis. A breakdown of the fee by Task is provided in the letter agreement. Direct reimbursables associated with the preparation of the MS4 mapping, (i.e. printing costs) are also identified in the letter agreement. The total cost for the Tasks 1-3 and the associated reimbursable costs as stated in the letter agreement is $3,100. It should be noted that combining the MS4 mapping requirements with the map created for the LSWMP map results in only one set of maps. The elimination of creating a second set of separate maps results in a savings for the City of approximately $200 in printing costs. Budget / Financing: Funding for the required MS4 mapping components would come from the Storm Water Fund (245-4415-3030). Sufficient funds exist in the adopted 2009 budget for the proposed work. Schedule: Once authorized to proceed, work for the MS4 map can be completed in approximately 2 weeks. The intent is to complete the MS4 map at the same time as the completion of the LSWMP, so that the final combined LSWMP / MS4 map can be printed and submitted with the final version of the LSWMP, due to the Metropolitan Council by May 1, 2009. A schedule of the MS4 map and remaining items for the LSWMP are shown below: April 13, 2009 Authorize MS4 Mapping Work April 15, 2009 Final LSWMP to RCWD (w/o MS4 map) April 22, 2009 RCWD Approves LSWMP April 27, 2009 City Council Adopts LSWMP April 30, 2009 MS4 map completed, combined map printed May 1, 2009 LSWMP (w/ combined map) submitted to Metropolitan Council April 13, 2009 Item No. 7J Page 4 It should be noted that since the MS4 permit is under the jurisdiction of the MPCA and not Rice Creek Watershed District (RCWD), the final LSWMP submittal for approval of RCWD does not need to include the MS4 information on the map. For the submittal to RCWD on April 15th, only those specific pages of the Agency Review Draft LSWMP on which they had comments need to be revised and submitted. Therefore there will not be an extra printing cost for the large LSWMP map for that submittal. A hard copy of the bound, final approved LSWMP including the combined LSWMP / MS4 map will be provided to RCWD for their file once the plan has been printed and submitted to the Metropolitan Council. Recommendation: Resolution 7439 has been prepared to authorize Bonestroo to proceed with the MS4 mapping work based on their proposal. The Resolution is included with this Staff Report for consideration by the City Council. Staff recommends the City Council adopt Resolution 7439. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7439 x Letter Agreement Proposal from Bonestroo – April 9, 2009 RESOLUTION 7439 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING PREPARATION OF THE REQUIRED MUNICIPAL SEPARATE STORM SEWER SYSTEM MAPPING COMPONENTS WHEREAS, Mounds View holds a Municipal Separate Storm Sewer System (MS4) permit under the National Pollutant Discharge Elimination System (NPDES) as administered by the Minnesota Pollution Control Agency (MPCA); and WHEREAS, Part V.G.3.a of the MS4 permit requires the City to develop a storm sewer system map; and WHEREAS, the current City storm sewer system map does not include all of the necessary components identified in the MS4 permit; and WHEREAS, Bonestroo is the consulting engineer for the City on the Local Surface Water Management Plan (LSWMP); and WHEREAS, the drainage area map being prepared for the LSWMP would provide the framework for the MS4 mapping requirements as well, allowing a combined map to be prepared in a cost effective manner; and WHEREAS, a combined LSWMP and MS4 map provides additional benefit to the City in terms of updating and management of the information; and WHEREAS, Mounds View requested Bonestroo to provide a written proposal for the required MS4 mapping services; and WHEREAS, Bonestroo has provided a written proposal for the work in the form of a Letter Agreement dated April 9, 2009; and WHEREAS, the aspects of the proposal including scope, schedule, and cost are acceptable. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1.Authorization is hereby given to proceed with the MS4 mapping to meet the requirements of the MS4 permit. Resolution 7439 Page 2 2.The services of Bonestroo shall be retained for the purpose of performing said mapping. 3.The scope of work is hereby approved in the form of the letter agreement prepared by Bonestroo dated April 9, 2009. 4.Funds for the work are to be derived from the Storm Water Fund (245-4415-3030). Adopted this 13th day of April 2009. ____________________________________ Joe Flaherty, Mayor (ATTEST) ____________________________________ James Ericson, Clerk-Administrator (SEAL) City of Mounds View Page 2 MS4 Mapping Proposal April 9, 2009 We discussed the need to prepare a complete MS4 map with City Staff on December 16, 2008. The consensus was that Mounds View’s current stormwater map doesn’t include all of the necessary components as described in the City’s MS4 permit. City Staff supports the idea of combining Mounds View’s MS4 mapping with the drainage area map in the LSWMP and recommended that this idea be presented to the City Council at their February 2, 2009 City Council Work Session. Following some discussion at the February 2nd Work Session, the City Council was in favor of combining the mapping and directed that a scope of work and cost to perform the necessary mapping work be prepared. In addition, the City Council directed us to work closely with City staff in developing the scope of work to maximize City Staff resources in researching and collecting data to minimize the project costs. We met with City Staff on February 13, 2009 to review the data needs for the MS4 map. Following the City Council’s direction, City Staff was responsible for researching and collecting the available data and recently provided us with hard copy maps identifying the necessary stormwater features. We propose to review and verify the data provided by City Staff for compliance with the MS4 mapping requirements, digitize and label this information, and prepare the necessary maps according to the Tasks identified in the attached letter agreement. II. Scope of Services The following presents our understanding of the scope of work to complete Mounds View’s MS4 mapping, as required by their MS4 permit. We have identified 3 main tasks necessary to perform this update. These tasks are listed below, followed by a brief description of each, which includes task deliverables and City staff responsibilities. List of Main Tasks Task 1: Digitize available data Task 2: Meet with City Staff Task 3: Finalize 2009 MS4 Map Task 1: Digitize Available Data City Staff has provided us with a hard copy map identifying all known MS4 regulated storm water features (storm water ponds, storm sewer, outfalls, infiltration features, etc.) in Mounds View. Task 1 will first review and verify the information provided by City Staff for compliance with the MS4 mapping requirements, and then proceed to digitize the locations and shapes of these storm water features as Geographic Information Systems (GIS) shapefiles. We will also create a unique identification number for all digitized features. City of Mounds View Page 3 MS4 Mapping Proposal April 9, 2009 If in the process of digitizing the data we identify the need for additional data, we will direct all requests for additional data to City Staff. We will not proceed with gathering the necessary additional data unless specifically directed by City Staff to proceed. The gathering of any such additional data will be billed in accordance with the process identified in Section III of this proposal. Deliverables: Digitized GIS shapefiles of MS4 regulated storm water features per the information received from the City. Preliminary MS4 maps to present to City Staff. City Staff Responsibilities: Provide a hard copy map identifying all known MS4 regulated storm water structures and respond to requests for additional data. Task 2: Meet with City Staff Task 2 includes one meeting with City Staff to review the preliminary digitized maps created from information provided by City Staff. The intent of this meeting is to verify that the locations and designations of existing regulated storm water features are accurate. City Staff Responsibilities: Provide feedback on the MS4 maps presented Task 3: Finalize 2009 MS4 Map After meeting with City Staff, we will finalize the digitized MS4 mapping information. We will prepare two maps for the City’s use: o A large 22” x 34” color map at a 1” = 1000’ scale of the entire City identifying the MS4 regulated features at a broad level resolution. o An 11” x 17” color map book at a higher resolution to better view the locations and shapes of small features and identify feature numbers. Deliverables:One large color map included with each copy of the City adopted LSWMP (we estimate 7 copies of the LSWMP), and four copies of the 11”x 17” map book. We will also provide the City with a CD containing these maps as PDF files. III. Modifications to the Scope of Services Additions to Scope If the City wishes to add to the Scope of Services beyond those identified above, written direction and authorization shall be provided by the City prior to proceeding with the work. All such additional work would be performed on an hourly basis, in accordance with the current Professional Services Agreement between Bonestroo and the City. City of Mounds View Page 4 MS4 Mapping Proposal April 9, 2009 Bonestroo will provide an estimated cost of any such additional work to the City for consideration of whether or not to proceed with the additional work. No costs beyond those stated in the compensation section will be charged to the City without prior written authorization from the City for such work. Reductions in Scope If the City wishes to reduce the Scope of Services from those identified above, written direction for such reduction shall be provided by the City prior to beginning work on the item or items to be deleted. The estimated compensation amount will be reduced accordingly for any specific Task included above that is affected by the reduction in Scope. The amount the reduction in cost will be identified to the City upon receipt of the written direction. IV. Compensation Estimated Compensation for Tasks Tasks 1-3 will be charged on an hourly basis in accordance with our ongoing Professional Services Agreement with the City. An estimated compensation amount for these tasks is outlined in the following table: Task Cost Task 1: Digitize Available Data $2,300 Task 2: Meet with City Staff $320 Task 3: Finalize 2009 MS4 Map $400 Task 1-3 Total $3,020 The total compensation for the Task work described in this proposal is estimated at $3,020. This amount is based on the data provided by the City to date. Any additional data required for the completion of the work would be addressed as stated in Section II, Task 1, with associated compensation as described in Section III of this proposal. Reimbursables Bonestroo will invoice the City directly for reimbursables in accordance with the current Professional Services Agreement between the parties. It is anticipated that reimbursables associated with the project will include printing costs. Printing Costs will be invoices as they are incurred, charged on a unit price basis as follows: City of Mounds View Page 5 MS4 Mapping Proposal April 9, 2009 o 22” x 34” Map = $26 per copy – however, the map cost is already included in the LSWMP printing cost. The estimated cost savings by combining the LSWMP map with the MS4 map is approximately $200. o 11”x 17” Map Book = $20 per copy Once we have completed the mapping, we will provide the City with not only hard copy and PDF versions of the MS4 map and map book, but also the GIS shapefiles for all of the stormwater features identified on the map at no additional charge. It will be necessary to update the City’s MS4 map annually to identify new or revised stormwater features; in particular the constructed stormwater features associated with the previous years street project(s). Provided that City Staff has the available resources and time, future MS4 map updates could be completed by City Staff as a cost savings to the City. Compensation Summary Item Cost Labor:Tasks 1-3 (Hourly Work – Estimate)$3,020 Expenses:Printing – 4 copies of the Map Book $80 Total $3,100 V. Schedule Once authorized to proceed, we can complete Tasks 1 through 3 in approximately 2 weeks. We plan to time the completion of Mounds View’s MS4 map with the City Council adoption of the City’s LSWMP and subsequent submittal to the Metropolitan Council by May 1, 2009. VI. Conclusion We are pleased to have this opportunity to offer our services to the City of Mounds View to prepare the necessary MS4 mapping requirements. We are prepared to begin work on this project upon authorization, and look forward to continuing and expanding our working relationship with City Staff through this effort. The Project would be prepared under the supervision and coordination of Brad Schleeter, who is responsible for providing surface water management services to the City. Joe Rhein, as our representative to the City of Mounds View, will be involved to maintain continuity and coordination with other City projects and initiatives. Item No: 7K Meeting Date: April 13, 2009 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Steve Dazenski , Public Works/Parks Supervisor Item Title/Subject: Resolution Number 7428 Authorizing the Purchase of Mailboxes for the 2009-10 SUIP Introduction: Council awarded the 2009-10 Street and Utility Improvement Project contract at the February 23, 2009 meeting. As part of the street improvement project, the City has authorized the purchase of lumber for Staff to construct the mailbox posts. The condition of existing mailbox’s and the time that would be spent rectifying their condition has prompted Staff to recommend that we purchase new mailboxes for the project. This will reflect in a time/cost savings to the City by having new and uniform boxes for the contractor to install. (The contractor will install the posts and mailboxes.) The following is in the City Code, Chapter 202, Public Improvements: j. In projects involving new street construction, and mill and overlays, mailboxes will be grouped on gang posts in numbers logical to the spacing required. This practice will insure the proper placement of the mailboxes, reduce potential roadside hazards, and generally clean up the edge of the street. The cost of the new posts and installation will be added to the project. Residents of overlays and mill and overlays may request the new posts and installation, which will be added to the cost of the project. (Ord. 654, 2-14-00) Discussion: Staff received quotes for (200) Classic Steel Black Mailbox’s from three vendors and they are as follows: Lowes $ 2,982.00 Menards $ 2,684.00 Spring Lake Park Lumber $ 1,810.00 Spring Lake Park Lumber was able to supply a Mail Box that requires the installation of the flag and latch. This operation takes approximately 2.5 minutes per box and would be performed by Seasonal Workers or Community Service workers. The other vendors could not offer this option. This eight hours of labor would save the City approximately $800.00 Staff recommends the purchase of the Classic Steel Black Mailboxes for the 2009-10 SUIP from Spring Lake Park Lumber in the amount of $ 1,810.00 to be funded from account number 285- 4470-7050-311. Respectfully submitted, Steve Dazenski, Public Works/Parks Supervisor RESOLUTION NO. 7428 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PURCHASE OF BASIC BLACK MAILBOX’S FOR THE 2009-10 STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, the Mounds View City Council awarded the 2009-10 Street and Utility Improvement Project on February 23, 2009, and; WHEREAS, as part of a street improvement project mailbox posts will be constructed and install, and; WHEREAS, Staff has received 3 quotes for Mailboxes to attach to the new posts; WHEREAS, Spring Lake Park Lumber quoted an amount of $1,810.00 and; NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve the purchase of lumber to construct the necessary mailbox posts from Spring Lake Park Lumber in the amount of $ 1,810.00 to be funded from account number 285-4470- 7050-311. Adopted this 13th day of April 2009 ________________________________ Joe Flaherty, Mayor ATTEST: _________________________________ James Ericson, Clerk-Administrator (SEAL) Item Number: 07L Meeting Date: April 13, 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: Resolution 7434, Designating the 2008 Mounds View 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: 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 challenges that affect the City of Mounds View. The award seeks to honor highly effective community leaders who have invested a significant amount of time improving their community. 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. The City received three nomination forms (two of the nomination forms are for one resident) for the Mounds View Citizenship Award. Nominations were reviewed by the City Council at the April Work Session. The City Council made a decision to designate the 2008 Mounds View Citizenship Award to Barbara Haake. The Mounds View Citizenship Award is scheduled to be presented at the April 25th Town Hall Meeting. Barbara Haake has been notified and will be attending. Staff has attached a draft of the plaque that will be presented on April 25th. Recommendation: It is recommended that the City Council approve the attached Resolution 7434, Designating the 2008 Mounds View Citizenship Award to Barbara Haake. Respectfully submitted, Desaree Crane RESOLUTION NO. 7434 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DESIGNATING THE 2008 MOUNDS VIEW CITIZENSHIP AWARD WHEREAS, the Mounds View Citizenship Award recognizes ordinary citizens who have demonstrated outstanding dedication to improving their communities; and WHEREAS, the 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 challenges that affect the City; and WHEREAS, nominations were solicited from the public and were reviewed by the City Council; and WHEREAS, Barbara Haake, 3024 County Road I, was selected from the nominations and meets the criteria outlined in the policy; and WHEREAS, Barbara Haake, as a citizen of Mounds View, has exemplified the courage and determination to follow her values; and WHEREAS, Barbara Haake has demonstrated drive and initiative in her approach to citizenship and has worked steadfastly with various community groups and organizations; and WHEREAS, Barbara Haake has volunteered a significant amount of time and energy to further community causes and issues; and WHEREAS, her efforts have generated positive results for the community; and WHEREAS, she has contributed her efforts unselfishly, not expecting anything in return. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby present the 2008 Mounds View Citizenship Award to Barbara Haake, in sincere gratitude and appreciation for efforts as a Mounds View citizen. Adopted this 13th day of April, 2009 ______________________________ Joe Flaherty, Mayor ATTEST: ______________________________ James Ericson, Clerk-Administrator (seal) (AWARD TO BE PRESENTED AT THE TOWN HALL MEETING) 2008 MOUNDS VIEW CITIZENSHIP AWARD Presented to BARBARA HAAKE In recognition of many years of community participation and dedicated service as a citizen of Mounds View WHEREAS, Barbara Haake, as a citizen of Mounds View, has exemplified the courage, initiative, and determination to follow his values; and WHEREAS, she has demonstrated drive and initiative in her approach to leadership, and has worked consistently with various community groups and organizations; and WHEREAS, she has volunteered a significant amount of time, passion, and energy to further community causes and issues; and WHEREAS, she unselfishly gave her efforts, not expecting anything in return; and WHEREAS, her efforts have generated positive results for the community. NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby present the 2008 Mounds View Citizenship Award to Barbara Haake, in sincere gratitude and appreciation for efforts as a Mounds View citizen. Presented by the MOUNDS VIEW CITY COUNCIL April 25, 2009 Item No: 07M Meeting Date: April 13, 2009 Type of Business: CB 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 7441, Adding Fees to the 2009 Fee Schedule Background: On September 22, 2008, the Mounds View City Council adopted Ordinance 808, an Ordinance adding a chapter to the City Code relating to Outdoor Special Events. At this meeting, the City Council decided on a fee in the amount of $150.00 for an Outdoor Special Event permit. However, the City Council did not discuss a deposit amount to charge applicants for cleanup of an outdoor special event. This deposit amount will need to be adopted by the City Council and placed in the 2009 Fee Schedule. On March 23, 2009, the Mounds View City Council adopted a policy to provide residents the opportunity to request an Administrative Hearing for Administrative Offenses. The City Council decided on a filing of $50.00 for this hearing. This fee will need to be also need to be adopted by the City Council and placed in the 2009 Fee Schedule. Discussion: According to attached Ordinance 808, a cleanup deposit is required to ensure that all areas are cleaned and restored to the same condition as it existed prior to the event. 611.10: CLEANUP DEPOSIT: The applicant or sponsor of the Special Event involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals or another activity likely to create a substantial need for cleanup may be required by the City to provide a cleanup deposit prior to issuance of the Special Event permit. The cleanup deposit shall be in an amount set by the City Council. The cleanup deposit will be returned to the applicant/sponsor if the area used for the Special Event has been cleaned and restored to the same condition as it existed prior to the event. If the property used for the event has not been properly cleaned or restored within 24 hours of the event completion, the applicant/sponsor will be billed for the actual cost by the City for the cleanup and restoration. The cleanup deposit will be applied toward payment of the bill. Staff did ask cities, with Special Outdoor Event policies, on what they charge for cleanup, but received no responses. However, Staff recommends a refundable cleanup deposit of $250.00, and feels that this will cover most of the amount for cleanup. If the amount for the cleanup exceeds $250.00, then the city is authorized to bill for the actual cost of cleanup, minus the deposit. Recommendation: Staff recommends revising the 2009 Fee Schedule to add a $250.00 deposit for Outdoor Special Events and adding the $50.00 fee for filing an Administrative Hearing. Respectfully submitted, Desaree Crane REVISED AS OF MONDAY, APRIL 13, 2009 AT 5:30PM RESOLUTION 7441 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA REVISING THE 2009 FEE SCHEDULE WHEREAS, revisions and updates to the Fee Schedule are necessary; and WHEREAS, the 2009 Fee Schedule needs to be revised to reflect a Cleanup Deposit of $250.00 for anyone applying for an Outdoor Special Event; and WHEREAS, the 2009 Fee Schedule needs to be revised to reflect an Administrative Hearing Filing Fee of $50.00 for property based nuisance code violations; and WHEREAS, all revisions to the Fee Schedule must be adopted by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby approve the revisions to add a $250.00 Cleanup Refundable Deposit for anyone applying for an Outdoor Special Event, and a $50.00 Filing Fee for residents filing for an Administrative Hearing for property based nuisance code violations, to the 2009 Fee Schedule. . Adopted this 13th day of April, 2009. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (seal) Item No: 07N Meeting Date: April 13, 2009 Type of Business: CB 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 7435, Approving a Step Increase for James Ericson, Clerk-Administrator Background: Clerk -Administrator James Ericson is a current employee with the City of Mounds View. His supervisors, the Mounds View City Council, have reviewed his performance as it relates to his responsibilities outlined in the job description at the March 23, 2009, Executive Session. Discussion: It was determined that Clerk-Administrator James Ericson has satisfactorily performed in the capacity of his position, and therefore, a step wage adjustment is consistent with the Employment Agreement on file. Respectfully Submitted, Desaree Crane RESOLUTION 7435 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP WAGE ADJUSTMENT WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has satisfactorily performed in the capacity of his position documented in his performance reviews on file; and WHEREAS, a wage adjustment is consistent with the Employment Agreement on file. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT James Ericson Clerk- Administrator February 11, 2008 Step 2: $44.67/hr Step 3: $47.30/hr February 11, 2009 Adopted this 13th day of April, 2009. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) To: Board of Directors From: David Looby, Executive Director Date: March 12, 2009 Re: Executive Committee Recommendation to Allow Cities Early Opt Out of Agreements VMN began in 1986 as the North Metro Visitors and Convention Bureau representing the cities of Brooklyn Center, Brooklyn Park and Fridley. Since that time, VMN partnered with the NSC and grew to an eleven city organization. VMN is unique in that it represents the north metro suburbs with many different venues. Some of these venues include the NSC in Blaine, Arbor Lakes in Maple Grove, Bunker Hills and Riverdale Shopping Center in Coon Rapids, Downtown Anoka, and the Earle Brown Heritage Center in Brooklyn Center. There are many more unique areas or events within the eleven city organization. VMN’s sole purpose is not to market the NSC nor Arbor Lakes Shopping Center, but to market all eleven cities as a tourism center. Its Mission exists to implement promotions and attract visitor spending to contribute to the economic growth of its eleven Member Cities. It’s mission is specifically targeted towards making prospective visitors aware of the communities and attractions, promoting the communities as a good place to stay when visiting the Twin Cities, promoting the meeting and convention facilities available within the organization, actively solicit meetings, conferences and convention business, and attracting and promoting sporting events at the NSC and other regional facilities. In addition, it strives to work with other Metro and State Convention and Visitors Bureaus, the Minnesota Office of Tourism and other private and public organizations to generate a positive impact in the area for tourism, meetings and sports. Within the past several years there has been some dissention within the organization with some cities thinking the NSC is receiving far too much funding, while other cities thinking Maple Grove is receiving too much funding. The goal of VMN is to market the eleven member cities as a tourism destination, not the NSC nor Arbor Lakes in particular. During discussions in 2008, when preparing and reviewing the 2009 budget, questions began to emerge about the funding between VMN and the NSC. An agreement was made for 2009 and a task force was formed to begin reviewing the funding for future years. Negotiations appeared to have broken down in December with the NSC providing letters to some of the lodging properties requesting them to write to their local community requesting the cities opt out of their agreements with VMN. While the VMN Board voted to keep the eleven city organization together at their Board meeting in December, the City Councils of the Cities of Coon Rapids, Shoreview, and Blaine all moved to opt out of VMN ending their agreement by the end of 2009. March 12, 2009 Page 2 During the VMN Task Force meeting in January it appeared unlikely the organization would stay united. The NSC moved forward with a coalition of lodging properties to recommend creating a new convention and visitor’s bureau for the four cities that had opted out in 2008. The Cities on the East Side of the Mississippi River have met and determined it is in the best interest of the communities to support the lodging properties requests to form a new convention and visitor’s bureau using the Mississippi River as the geographical boundary. There has been some discussion and support from Task Force members to allow those cities on the east side that have not opted out to opt out early allowing their agreements to end effective December 31, 2009. Recommendation: Based on the information above, it may be time to restructure Visit Minneapolis North. The Executive Committee of Visit Minneapolis North met March 12th and unanimously recommended the following motion for approval by the Board: Director _______ moves and Director ___________ seconds a motion allowing the cities of Anoka, Fridley, Ham Lake and Mounds View to provide a letter or resolution to Visit Minneapolis North by April 30, 2009, of their intent to opt out of their agreement with VMN; and, If that letter is received by the above date, VMN would not enforce the terms of their agreements to continue until December 31, 2010, but would end their agreement(s) with the receipt of all lodging taxes collected through December 31. 2009. Item No. 7C Meeting Date: April 13, 2009 Type of Business: Council Business 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: Resolution 7430, Approving Intent to Exercise the Opt Out Clause of the Contract with Visit Minneapolis North effective December 31, 2009 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. 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 per 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. Some cities (such as Minneapolis, St. Paul, Bloomington, Brooklyn Center, St. Cloud, Rochester and Duluth) have legislative approval to impose a higher tax. State Law requires that 95% of the funds raised be used by the city to fund a local convention or tourism bureau for the purpose of marketing and promoting the city as a tourist or convention center. Discussion As detailed in the attached memo dated March 12, 2009, from VMN’s Executive Director to VMN’s Board of Directors, 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 City Council Item 7C – Opt Out of CVB April 13, 2009 Page 2 of 2 the Twin Cities North Chamber) and four cities (Arden Hills, Blaine, Coon Rapids and Shoreview) have opted out of VMN. These groups are discussing the formation of a new CVB. The potential new CVB would represent cities east of the Mississippi River. VMN would continue to represent the cities west of the Mississippi River (Brooklyn Center, Brooklyn Park and Maple Grove). On March 18, 2009, the VMN Board of Directors voted to allow cities that have not yet opted out of their agreements with VMN to opt out no later than April 30, 2009. The Executive Director of VMN alerted City staff last week that if the Mounds View City Council does not opt out, Brooklyn Center, Brooklyn Park and Maple Grove will probably ask Mounds View to opt out of VMN. Next Steps The National Sports Center and the Metro North Chamber are working on bylaws and creating a budget for the potential new CVB. The City Managers and Administrators of the cities east of the river also are discussing a budget and a potential governance structure. The cities impose the lodging tax; therefore, the City Managers and Administrators agree that the cities should govern the new CVB. Mounds View’s involvement with a CVB is crucial since the City itself has limited funds to spend on tourism marketing and the potential new CVB should be a better fit geographically for Mounds View. In addition, staff invited representatives from the Mounds View Days Inn and AmericInn to the April 13, 2009 City Council meeting to provide input on this matter. Recommendation Staff recommends that the City Council consider approving Resolution 7430 Approving Intent to Exercise the Opt Out Clause of the Contract with Visit Minneapolis North effective December 31, 2009. Respectfully submitted, ____________________________ Heidi Steinmetz Economic Development Specialist Attachments • Memo to VMN Board of Directors Re: the VMN Executive Committee’s Recommendation to Allow Cities Early Opt Out of Agreements (2 pages) • Mounds View City Council Resolution 7430 (1 page) Item No: 08A Meeting Date: April 13, 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 license for approval. This contractor license will expire on December 31, 2009. Applicant has submitted appropriate fees and proof of insurance. This license application is considered “new” because they were not licensed in 2008. They have been licensed with Mounds View, however, in previous years. All-Brite Sign, Inc. Sign Renewal Arbuckle Construction, Inc. General (commercial) New AT Plumbing & Heating HVAC New CenterPoint Energy Minnesota Gas HVAC Renewal Living Water Tree Service Tree Trimming/Removal New Staff Recommendation: Approve license application as requested. Item No: 8B Meeting Date: April 13, 2009 Type of Business: Consent Agenda City of Mounds View Staff Report To: Honorable Mayor and City Council From: Ken Roberts, Community Development Director Item Title/Subject: Set Public Hearing - Conditional Use Permit Request and a Variance for Outside Seasonal Sales in the Parking Lot at Robert’s Sports Bar (2400 County Road H2); Planning Case No. CU2009-001 Introduction: The applicant, Kevin Halverson with Robert’s Sports Bar, is requesting city approval of a conditional use permit and a variance to have outside seasonal sales in the parking lot of Robert’s. He is proposing to have flea markets, farmers markets and auctions in the parking lot of Robert’s from about April 2 – September 30 each year. The City Council needs to hold a public hearing as part of the process to consider this request. As such, city staff is asking the City Council to set a public hearing for this matter for April 27, 2009. Background: On April 1, 2009, the planning commission discussed the proposed conditional use permit for Robert’s to have seasonal outside sales and auctions on the property. During the meeting, the commission asked the applicant and staff several questions about the request. Mr. Halverson also indicated during this meeting that he would need a variance to have more outside sales area than the City Code usually allows. After much review and discussion, the planning commission tabled action on the requests and asked for more information about the proposal at their next meeting. On April 15, 2009, the planning commission is again scheduled to consider the requests of Mr. Halverson for holding outside sales at Robert’s. Recommendation: Staff recommends that the City Council set a public hearing for April 27, 2009 to consider the conditional use permit application for outside seasonal Sales in the Parking Lot at Robert’s Sports Bar (2400 County Road H2). Respectfully submitted, Ken Roberts – Community Development Director Item No: 08C Meeting Date: April 13, 2009 Type of Business: CA Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7436, Authorizing the Purchase of Employee Gift Certificates for the June 17, 2009, Employee Appreciation Day. Introduction: As stated in Resolution 5617 (attached as Exhibit A), the City will provide eligible employees gift certificates for a Five-Year Employment Milestone. In the past, the City has also provided a luncheon to appreciate the hard work and dedication of city employees. These gift certificates have been awarded to the eligible employees during the annual employee appreciation luncheon. Discussion: One of the clauses in Resolution 5617 is that the City would provide to employees “gift certificates in the amount of $5 per year of service at five-year increments.” Currently there are 10 city employees that fall under these criteria. Both the Employee Lunch and Gift Certificates are currently budgeted for 2009 (Budget # 100-4100-1600). The employees below qualify under the criteria set in Resolution 5617: Employee Name Department Years of Service as of 2009 Gift Certificate Amount Benesch, Barbara Community Development 30 years $150.00 Geringer, Steve Police 20 years $100.00 Wienke, Jeffrey Public Works 20 years $100.00 Fredberg, Timothy Public Works 15 years $75.00 Anderson, Jeremiah Community Development 10 years $50.00 Hughes, John Public Works 10 years $50.00 Jasper, Debbie Finance 10 years $50.00 Demarest, Keith Police 5 years $25.00 Hellpap, Jeremy Police 5 years $25.00 Wolf, Timothy Police 5 years $25.00 Zender, Benjamin Police 5 years $25.00 The City has $950 in the budget for gift certificates, and an additional $950 for the employee luncheon. In years past, the luncheon has been catered, and held at the Mounds View Community Center. However, it was decided at the April Work Session to have a barbeque event instead of a catered event. The Employee Appreciation Day is scheduled for Wednesday, June 17, 2009, at City Hall Park (Big Pavilion) from 11am to 1pm. Recommendation: Staff recommends approval of Resolution 7436, Authorizing the Purchase of Employee Gift Certificates for the June 17, 2009, Employee Appreciation Day. Respectfully submitted, Desaree Crane EXHIBIT A ATTACHMENT RESOLUTION NO. 5617 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING CERTAIN EMPLOYEE AND VOLUNTEER APPRECIATION EVENTS WHEREAS, the Mounds View City Council wishes to show its appreciation to employees and volunteers for dedicated and committed service; and WHEREAS, the City Council is committed to responsibly expending public funds; and WHEREAS, the City Council believes that showing appreciation to employees and volunteers benefits the City. NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View will annually (when funds are available) contribute $1000 toward an annual employee appreciation event to be held at the Mounds View Banquet and Conference Center; and NOW, THEREFORE, BE IT FURTHER RESOLVED the City of Mounds View will issue to employees gift certificates in the amount of $5 per year of service at five-year increments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Mounds View will annually (when funds are available) contribute $1000 toward an annual volunteer appreciation event to be held at the Mounds View Banquet and Conference Center; and NOW, THEREFORE, BE IT FURTHER RESOLVED that the City of Mounds View will present plaques ($60 max.) to retirees with 10 years of service at regularly scheduled City Council meetings. Adopted this 8th day of October, 2001. ATTEST: Richard Sonterre, Mayor SEAL Kathleen Miller, City Administrator Motion by: Quick Second by: Thomas Sonterre Aye Quick Aye Stigney Nay Marty Aye Thomas Aye RESOLUTION NO. 7436 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING DISTRIBUTION OF SERVICE APPRECIATION CERTIFICATES TO EMPLOYEES HAVING REACHED FIVE-YEAR EMPLOYMENT MILESTONES WHEREAS, Resolution 5617 was adopted by the City Council on October 8, 2001; and, WHEREAS, one of the clauses in Resolution 5617 indicates that the City will provide to employees certificates in the amount of $5 per year of service at five-yea r increments; and, WHEREAS, the following individuals have achieved an employment milestone with the City of Mounds View. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does hereby appreciate and recognize the four employees listed above for their years of dedicated service and, pursuant to Resolution 5617, does hereby authorize the distribution of Service Appreciation Gift Certificates to each herein identified employee in amounts equal to five times their years of service. Adopted this 13th day of April, 2009 ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, Clerk-Administrator (seal) Employee Name Department Years of Service as of 2009 Gift Certificate Amount Benesch, Barbara Community Development 30 years $150.00 Geringer, Steve Police 20 years $100.00 Wienke, Jeffrey Public Works 20 years $100.00 Fredberg, Timothy Public Works 15 years $75.00 Anderson, Jeremiah Community Development 10 years $50.00 Hughes, John Public Works 10 years $50.00 Jasper, Debbie Finance 10 years $50.00 Demarest, Keith Police 5 years $25.00 Hellpap, Jeremy Police 5 years $25.00 Wolf, Timothy Police 5 years $25.00 Zender, Benjamin Police 5 years $25.00 Item No: 8D Meeting Date: April 13, 2009 Type of Business: Consent Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Subject: Resolution 7431 Renumbering Resolution 8006 (originally adopted June 27, 2007) to Resolution 7134b. Introduction: In June of 2007, five resolutions were presented to the Council for consideration which were incorrectly numbered due to a glitch in the tracking spreadsheet. The City Attorney advised that the City Council should adopt a resolution to renumber the affected resolutions rather than have the five resolutions from 2007 inexplicably appear in an index with other resolutions from 2012 or 2013. Four of the five resolutions were renumbered by action of the Council in August of 2007, the fifth resolution for whatever reason was not renumbered and remains “out of order.” Discussion: The resolutions which will need to be changed are listed in the table below: The official resolution index will include a reference to these two resolutions indicating the resolution numbers as originally adopted for sake of tracking and minutes. The resolutions themselves will also be footnoted to indicate the original approved resolution number. Recommendation: Adopt Resolution 7431 approving the renumbering of 7134 and 8006 to 7134a and 7134b, respectively. Respectfully submitted, ________________________ James Ericson, Clerk - Administrator Original Number Revised Number Resolution Description Adoption Date 7134 7134a Approving a Conditional Use Permit for Merryville Farms to operate a seasonal produce stand in the Mermaid parking lot 2200 County Road 10 from approx June 20-Sept 3 every year; Planning Case CU2007-003 6-11-07 8006 7134b Approving a revision to code enforcement standard operating guideline 05-08 6-25-07 RESOLUTION NO. 7431 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE RENUMBERING OF TWO RESOLUTIONS ORIGINALLY ADOPTED IN 2007 WHEREAS, the City Council adopted resolution 8006 at their June 25, 2007 City Council meeting which was incorrectly numbered; and, WHEREAS, the City Attorney recommends adopting a resolution to officially renumber the affected resolution; and, WHEREAS , the official resolution index as well as the original resolution will bear a footnote indicating the resolution number as originally adopted. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize renumbering the incorrectly numbered resolution as well as another resolution to be alphabetically footnoted, as identified below: Adopted this 13th day of April, 2009. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, Clerk - Administrator (seal) Original Number Revised Number Resolution Description Adoption Date 7134 7134a Approving a Conditional Use Permit for Merryville Farms to operate a seasonal produce stand in the Mermaid parking lot 2200 County Road 10 from approx June 20-Sept 3 every year; Planning Case CU2007-003 6-11-07 8006 7134b Approving a revision to code enforcement standard operating guideline 05-08 6-25-07 Item No: 8E Meeting Date: April 13, 2009 Type of Business: Consent Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Resolution 7429 Accepting a Donation from Bethlehem Baptist Church Background Bethlehem Baptist Church purchased the building located at 5151 Program Avenue in 2004 and received City zoning approval to renovate the former office / warehouse space for church usage. At this same time, the Church expressed its desire to sponsor and support worthy community endeavors and thus created the Mounds View Service Project Fund pledging annual donations totaling $25,000. According to the Church, they envisioned the fund to be used to help meet certain community needs jointly identified by the city and the Church that would be “in harmony” with their mission and values. Previous donations have funded Mounds View park improvements, the YMCA’s Y Partners program, the Mounds View Festival in the Park, the Mounds View School District’s SAIL and STAND programs, the DARE program, Irondale High School athletics and CEAP—the Community Emergency Assistance Program—among others. Discussion Representatives from the City, the Community Center and the Park & Rec Commission met with representatives from Bethlehem Baptist Church facility on January 30, 2009 to discuss potential funding opportunities for the first half 2009 service project fund donation which totaled $13,801. A number of programs and improvements were highlighted for Bethlehem’s consideration. Subsequent to the meeting, staff put together various cost estimates associated with the projects and programs discussed, forwarding this information to the Church on March 11, 2009. The Church responded with a letter dated April 1, 2009, recommending the following disbursement schedule: 1. Trailway project (benches, lighting, landscaping) $2,000 2. Backstop & Fence at Silverview Park $1,800 3. Landscaping around the Co. Rd 10 gateway signs $1,000 4. YMCA’s Y-Partners program $1,000 5. YMCA’s Club Mid program $7,000 6. MVCC Audio / Video needs $1,001 In addition, Bethlehem provided a donation in the amount of $2,760 to be deposited into the EDA account to be used for activities that continue to support the economic climate of the City of Mounds View. BBC Report April 13, 2009 Page 2 Recommendation: Attached for your consideration is Resolution 7429, a resolution which accepts the donation from Bethlehem Baptist Church in the amount of $16,561 and authorizes the distribution of the donation according to the Church’s recommendations. Respectfully submitted, James Ericson Clerk-Administrator Attachments: 1. BBC Letter dated April 1, 2009 2. Resolution 7429 RESOLUTION 7429 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLTUION ACCEPTING A DONATION FROM BETHLEHEM BAPTIST CHURCH WHEREAS, Bethlehem Baptist Church has generously supported activities that have benefited the residents of Mounds View; and WHEREAS, Bethlehem Baptist Church would like to continue that support by making a contribution to the City of Mounds View of $16,561 to support the following programs and activities: 1. Trailway project (benches, lighting, landscaping) $2,000 2. Backstop & Fence at Silverview Park $1,800 3. Landscaping around the Co. Rd 10 gateway signs $1,000 4. YMCA’s Y-Partners program $1,000 5. YMCA’s Club Mid program $7,000 6. MVCC Audio / Video needs $1,001 7. EDA Fund $2,760 NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council gratefully acknowledges and accepts the donation of $16,561 from Bethlehem Baptist Church and amends the 2009 Budget accordingly. Adopted this 13th day of April, 2009 _____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (seal) Item No: 10 A&B Meeting Date: April 13, 2009 Type of Business: Approval of Minutes Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant City Clerk-Administrator Item Title/Subject: March 9th and March 23rd City Council Meeting Minutes Staff has not received any changes for the March 9th City Council Meeting Minutes. However, it has come to Staff’s attention that the email requesting corrections may have not gone through. Please give me your corrections just before the EDA Meeting on Monday. I can make the corrections during the meeting, and have them ready prior to adoption. Staff received the March 23, 2009, City Council Meeting Minutes last week. Since the City Council is taking a look at the March 9th City Council Meeting Minutes, Staff thought it would be a good idea to adopt the March 23, 2009, City Council Meeting Minutes at this meeting as well. Please give me your corrections prior to the EDA Meeting. Respectfully submitted, Desaree Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 March 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: Flaherty, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, March 9, 2009 City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, March 9, 2009 agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Cindy Palm, 2266 Terrace Drive, commented on the number of trips made by garbage and 30 recycling trucks every Thursday and asked about the option of negotiating a City-wide hauler to 31 lower rates and prolong the life of City streets. 32 33 Mayor Flaherty explained that about four years ago, the City had decided to go to a Thursday-34 only hauling day to cut down traffic from occurring every day. However, the Council left it open 35 for residents to select their own hauler. 36 37 Joe Rhein, Consulting Engineer, advised that the estimated 1,200 trips per year for garbage, 38 recycling, and yard waste trucks is considered to be a low volume and would not result in a huge 39 detrimental impact over the next eight years. Clerk-Administrator Ericson noted, however, that 40 reducing trips from 1,200 to 300 trips per year would result in substantially less wear. 41 42 Mayor Flaherty stated this topic will be discussed at an upcoming Work Session meeting. 43 44 Mounds View City Council March 9, 2009 Regular Meeting Page 2 6. SPECIAL ORDER OF BUSINESS 1 2 None. 3 4 7. COUNCIL BUSINESS 5 A. Resolution 7413, Denial of a Residential Kennel License located at 2273 6 Pinewood Drive. 7 8 Assistant Clerk-Administrator Crane presented the past consideration of a residential kennel 9 license for John Munsterman of 2273 Pinewood Drive, noting that the Council had tabled 10 consideration to allow more time to obtain the needed petition signatures. However, 16 names 11 have now been withdrawn so the petition is invalid. She noted that the Weinmaraner had been 12 involved in a second incident and the March 3, 2009 police report was provided for Council 13 review. Assistant Clerk-Administrator Crane stated if the license is denied, staff will continue to 14 monitor the home to assure there are only two dogs at that address. 15 16 Police Chief Sommer explained the civil process for the victim of a dog bite and that the City can 17 charge criminal violation under City Code or State Statute, both of which have provisions that 18 apply to dangerous dogs. He read the pertinent section of City Code related to dangerous animals 19 and vicious animals. A dog would be deemed to be a vicious animal if involved in two or more 20 unprovoked bites in one year. Upon conviction of this provision, the court can direct an animal 21 control officer to dispose of the animal in a humane manner. Police Chief Sommer stated the 22 City will notify Mr. Munsterman in writing that he is in possession of potentially dangerous dog 23 as defined under State Statute. 24 25 Mayor Flaherty stated a public hearing has been held but offered to take short public comment. 26 27 Steve Jenworth, 2236 Pinewood Drive, described the incident that occurred on March 3, 2009, 28 while he was walking to his truck, carrying his small Pug, and the Weinmaraner lunged at him. 29 He stated he evaded the dog’s lunge by quickly turning away. Mr. Jenworth stated he reported 30 this to the Police Department and a report was written. He expressed concern for the 31 neighborhood children and elderly neighbor Milly Smith. Mr. Jenworth stated that on March 5, 32 2009, while helping Ms. Smith drag a trash can up an icy driveway, they could hear the 33 Weinmaraner “going nuts” inside the Munsterman house, charging the walls. In addition, the 34 Weinmaraner was running loose two nights ago. 35 36 Mayor Flaherty stated the City’s ordinance prohibits dog from running loose and encouraged 37 residents to call the Police Department and file a report if they see a dog running loose. 38 39 Cindy Palm, 2266 Terrace Drive, referenced the City Code definition of “dangerous dog” and 40 asked why the Weinmaraner cannot be so deemed since there have been four unprovoked attacks, 41 one resulting in a bite. She stated she had notified Pinewood School about the incidents and they 42 will alert the crossing guard supervisors of this danger. Ms. Palm stated she will now be calling 43 the Police Department whenever this dog is running at large, barking, defecating, or lunging at 44 the fence. 45 Mounds View City Council March 9, 2009 Regular Meeting Page 3 1 Police Chief Sommer referenced the two subdivisions under Statute Sub. 13 and stated his 2 understanding both would apply. Mayor Flaherty suggested a legal opinion be obtained 3 pertaining to Ms. Palm’s question whether the Weinmaraner could immediately be classified as a 4 dangerous dog. 5 6 Raymond Ramirez, 5273 Irondale Road, reported on a problem with his neighbor’s white poodle 7 that barks constantly so he is unable to enjoy use of his back porch. He stated this has been 8 going on for five years but it is difficult to get a police report because the dog is back inside by 9 the time the officer arrives. Mr. Ramirez stated the last time he called the police dispatcher, he 10 also complained about the time for response and that time it only took five minutes so the Police 11 Officer heard the dog barking. Mr. Ramirez stated the dog starts barking at 11:15 p.m. every 12 night, sometimes for a long as an hour and a half, and asked the City to control nuisance animals. 13 14 Police Chief Sommer stated when residents call through the Ramsey County Dispatch Center 15 they need to make it clear that they want the Police Officer to stop and see the resident. 16 17 Mayor Flaherty stated the City can institute a fine so the dog owner is aware this is a Code 18 violation and encouraged pet owners to be conscientious when their pets are causing a nuisance. 19 20 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7413, 21 Denying a Residential Kennel License Located at 2273 Pinewood Drive for John Munsterman. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 Mayor Flaherty stated when this matter was addressed two weeks ago, Mr. Munsterman said he 26 had and used bark collars on his dogs. However, the picture provided shows the Weinmaraner is 27 not wearing a bark collar. He urged Mr. Munsterman to take the dog to obedience school and 28 keep it under control so another resident is not bitten. 29 30 B. Resolution 7418, Authorizing the Hire of Nicholas DeBar to the Position of 31 Public Works Director. 32 33 Assistant Clerk-Administrator Crane presented the recommendation to hire Nicholas DeBar to 34 the position of Public Works Director, at Step 3 of the City’s pay plan at $41.09 per hour with an 35 increase to Step 4 after one year of employment and Step 5 after two years of employment 36 subject to satisfactory performance evaluation, Council consideration, and pending a satisfactory 37 criminal background check and reference checks. 38 39 MOTION/SECOND: Gunn/Stigney. To Adopt Resolution 7418, Authorizing the Hire of 40 Nicholas DeBar to the Position of Public Works Director. 41 42 Councilmember Gunn read the resolution in full. 43 44 Nicholas DeBar introduced himself and thanked staff and Council for selecting him to this 45 Mounds View City Council March 9, 2009 Regular Meeting Page 4 position, which he excited to begin. 1 2 Ayes – 5 Nays – 0 Motion carried. 3 4 The Council and staff welcomed Mr. DeBar with a round of applause. 5 6 C. Resolution 7419, Approving a Longevity Water Increase for Office Kasey 7 Keckeisen. 8 9 Assistant Clerk-Administrator Crane presented the finding of Deputy Chief Tom Kinney that 10 Officer Kasey Keckeisen has satisfactorily performed in the capacity of his position. Therefore, 11 Deputy Chief Kinney recommends a longevity wage adjustment, which is consistent with the 12 Police Officer Labor Agreement. She advised that Officer Keckeisen will go from longevity of 13 3% at $33.42 per hour to longevity of 5% at $34.07 per hour, effective March 17, 2009. 14 15 MOTION/SECOND: Mueller/Stigney. To Adopt Resolution 7419, Approving Longevity 16 Adjustment. 17 18 Councilmember Mueller read the resolution in full and thanked Officer Keckeisen for providing 19 a Crime Prevention Tip of the Week. 20 21 Ayes – 5 Nays – 0 Motion carried. 22 23 D. Resolution 7420, Authorizing the Preparation of a Preliminary Feasibility 24 Report and Consultant Selection for Area C of the Street and Utility 25 Improvement Program. 26 27 Joe Rhein, Consulting Engineering, presented the staff report and recommendation to accelerate 28 the schedule by combining Area B (scheduled for 2010 of 1.4 miles) and Area C (scheduled for 29 2011 of 2.7 miles) to create a larger sized project, hopefully resulting in favorable bids in this 30 time when the economic is depressed. Mr. Rhein stated to consider this option the City needs 31 adequate cash flow, to determine if it makes sense to combine the Areas, and the project 32 schedules need to be compatible. He reviewed staff’s findings that accelerating the program by 33 one year will result in a negative cash flow so a one year break would be needed at some point, it 34 does make sense to combine Area B and Area C, and the project schedules are compatible. He 35 reviewed the potential savings equaling $75,000 to $100,000 due to economy of scale, one less 36 year of maintenance costs in Area C, and need for only one combined engineering document 37 resulting in lower engineering, legal review, and advertisement. Mr. Rhein reviewed the 38 anticipated project schedule and recommendation that Bonestroo Engineering be used since it 39 had completed the survey and Area B feasibility report. He noted the draft resolution would only 40 commit to doing the Area C report, not moving forward with construction or a combined report. 41 42 Jim Battin, 2332 LaPort Drive, Street and Utility Commissioner, noted the Area A bid was 43 $700,000 under the estimated cost due to the depressed economy so the combined bid for Areas 44 B and C could be $500,000 lower than the estimate if bid one year earlier. 45 Mounds View City Council March 9, 2009 Regular Meeting Page 5 1 Tom Lemke, _______, asked if the City will continue to maintain roads before construction 2 starts. Mayor Flaherty answered in the affirmative. 3 4 Council Member Mueller stated her support for combining Areas B and C even if a one-year 5 schedule delay is needed in the future to correct a negative cash flow. Finance Beer stated he had 6 assumed the levy limit would be in place until 2011. He advised that with the additional levy in 7 2012, a shortfall would occur in 2015 unless a one-year break is scheduled. 8 9 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7420, 10 Authorizing the Preparation of a Preliminary Feasibility Report and Consultant Selection for 11 Area C of the Street and Utility Improvement Program. 12 13 Mayor Flaherty stated he has no issue using Bonestroo because they are well versed in this 14 project. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 E. Resolution 7422, Authorizing the Purchase of Lumber for Mailbox Posts for 19 the 2009-10 SUIP. 20 21 Clerk-Administrator Ericson presented the recommendation to purchase lumber for the mailbox 22 posts, which will be grouped according to City Code, from the low bidder, Spring Lake Park 23 Lumber. This would be funded from account number 285-4470-7050-311. 24 25 Jim Battin, 2332 LaPort Drive, asked if this was part of the contractor’s bid. Mr. Rhein 26 explained the City is providing the materials, the shop will construct the main post and 27 crossmembers, and the contractor will install the posts. 28 29 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7422, 30 Authorizing the Purchase of Lumber for Mailbox Posts for the 2009-10 Street and Utility 31 Improvement Project. 32 33 Councilmember Stigney noted the low bid from Spring Lake Park Lumber is for $10,080.17. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 F. Resolution 7423, Authorizing the Purchase of New Chemical Feed Rate 38 Equipment for Treatment Plant 1. 39 40 Clerk-Administrator Ericson presented staff’s recommendation to purchase chemical feed rate 41 equipment for Treatment Plant 1 (because it no longer operates efficiently) from the low bidder, 42 Larsco. This purchase would be funded from the Enterprise Fund. 43 44 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7423, 45 Mounds View City Council March 9, 2009 Regular Meeting Page 6 Authorizing the Purchase of New Chemical Feed Rate Equipment for Treatment Plant 1. 1 2 Councilmember Mueller stated the bid is for $3,750 plus tax each, for a total of $11,250 plus tax 3 for three units. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 8. CONSENT AGENDA 8 A. Licenses for Approval. 9 B. Set Public Hearing for March 23, 2009 at 7:05 p.m. for Proposed Code 10 Amendment for Conditional Use Permits for Dynamic Display Signs. 11 C. Resolution 7421, Authorizing a Cigarette and Tobacco Business License for 12 Tobacco View located at 2539 County Highway 10. 13 14 MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as Presented. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 9. JUST AND CORRECT CLAIMS 19 20 Council Member Mueller advised of a comment made about the cleanliness of City Hall and 21 thanked Clean Tech South Metro for their service. 22 23 Council Member Hull referenced Page 12 and questioned the claim from Short Elliot 24 Hendrickson (SEH). Finance Director Beer stated the work was to complete paperwork to un-25 encumbered $26,000 of MSA funds. 26 27 MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as Presented. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 10. APPROVAL OF MINUTES 32 A. February 23, 2009 Executive Session Minutes. 33 34 Council Member Gunn requested a correction on Page 1 to change “a.m.” to “p.m.” 35 36 MOTION/SECOND: Mueller/Stigney. To Approve the February 23, 2009 Executive Session 37 Meeting Minutes as Revised. 38 39 Mayor Flaherty read the February 23, 2009 Executive Session meeting minutes. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 Mounds View City Council March 9, 2009 Regular Meeting Page 7 11. REPORTS 1 A. Reports of Mayor and Council. 2 3 Council Member Mueller announced the Thursday, March 26, 2009, Ramsey County League of 4 Local Government Meeting and encouraged attendance. She stated she will be attending the 5 upcoming League of Minnesota Cities Ethics Advisory Panel, reminded residents that the City is 6 seeking nominations for the Citizenship Award, and announced that the Festival in the Park has 7 been scheduled for Saturday, August 22, 2009. 8 9 Mayor Flaherty reported on the BioLife grand opening and announced the Street Utilities 10 Neighborhood Meeting that will be held at the Community Center on Thursday, March 19, 2009. 11 12 Council Member Gunn provided an update on athletic accomplishments of high schoolers. 13 Congratulations were extended to the athletes and the Irondale Girls Hockey team that received 14 the State consolidation trophy. 15 16 B. Reports of Staff. 17 18 Clerk-Administrator Ericson updated the Council regarding the meeting held in Vadnais Heights 19 with Senator Klobuchar and Congresswoman McCollum about the federal stimulus program and 20 advised that not many transportation dollars will be available to cities. However, there may be 21 some opportunity for dollars for the 2009-2010 Street Improvement Project/Stormwater 22 Improvement Project to cover costs for rain gardens. 23 24 1. Consideration of Green Project Reserve Grant. 25 26 Joe Rhein, Consulting Engineer, stated they have watched for opportunities to apply for stimulus 27 package dollars; however, the qualifications are so narrow that no project qualified. He advised 28 of the PFA Green Project Reserve Program that will award up to $100,000 (25% grant / 75% low 29 interest loan), for projects that involve stormwater. Eligible costs are for construction and project 30 costs, which would include engineering work. Mr. Rhein described the application process for 31 this first-come/first-served funding grant and advised that the City’s Street Project has already 32 been advertised and bid so the application could be completed by the deadline. He estimated the 33 cost to create the documentation required for application would be about $7,500. 34 35 Mayor Flaherty asked if the application cost would be TIF eligible. Clerk-Administrator Ericson 36 stated he does not think so. Finance Director Beer stated it could be paid from the Street Fund. 37 38 Council Members Gunn and Mueller indicated support to make application for this grant. 39 40 Clerk-Administrator Ericson noted staff may be able to complete some application tasks to lower 41 the cost. Mr. Rhein reviewed tasks the City could handle. 42 43 Mounds View City Council March 9, 2009 Regular Meeting Page 8 Council Member Stigney asked about the probability to receive the grant. Mr. Rhein noted it 1 would be a 3 to 1 return on the money and estimated a 50/50 chance for Mounds View to receive 2 this grant. 3 4 Council Member Stigney asked how much of the grant criteria fits this project. Mr. Rhein stated 5 this grant is for projects with environmental impacts, a perfect fit for the City’s project. He 6 explained that each application will be ranked and funded as received and the program will be 7 done when the funding has been allocated. 8 9 Mayor Flaherty stated it is a risk but such a grant would greatly benefit the City’s financing for 10 this project. 11 12 MOTION/SECOND: Stigney/Gunn. To Authorize Staff to work with Bonestroo to Prepare a 13 Grant Application through PFA for a Green Project Reserve Grant at a cost not to exceed $7,500. 14 15 Mr. DeBar stated he has worked with the PFA in the past, they are a great agency to work with 16 and low-interest loans are a benefit to the City. Mr. DeBar stated that he will be able to assist 17 with the application process. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 Clerk-Administrator Ericson announced the Chamber of Commerce breakfast meeting with 22 Governor Pawlenty at The Mermaid on March 26, 2009. 23 24 Mr. Rhein advised that last Friday, Mounds View received the State Aid disbursement of $1.1 25 million for the Red Oak Drive and Hillview Road street project. 26 27 C. Reports of City Attorney. 28 29 Noted. 30 31 12. Next Council Work Session: Monday, April 6, 2009, at 7 p.m. 32 Next Council Meeting: Monday, March 23, 2009, at 7 p.m. 33 34 13. ADJOURNMENT 35 36 The meeting was adjourned at 8:47 p.m. 37 38 Transcribed by: 39 40 Carla Wirth 41 TimeSaver Off Site Secretarial, Inc. 42 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 March 23, 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 A. Monday, March 23, 2009 City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, March 23, 2009 agenda as 23 presented. 24 25 Mayor Flaherty advised the Council would recess from the regular Council meeting to hold an 26 Executive Session to conduct an evaluation of an individual subject to the Council’s Authority. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 5. PUBLIC INPUT 31 32 Don __ asked about the cost to install cable television to watch the Community Access channel. 33 The Council advised there is no cost as indicated in the Mounds View Matters and City’s 34 website. 35 36 6. SPECIAL ORDER OF BUSINESS 37 38 None. 39 40 7. COUNCIL BUSINESS 41 A. First Reading of Ordinance 818 - Code Amendment for Chapter 1106 42 (Conditional Use Permits for Dynamic Display Signs). 43 44 Community Development Director Roberts presented the Code amendment to add language to 45 Mounds View City Council March 23, 2009 Regular Meeting Page 2 address dynamic display signs as a conditional use permit and suggested a revision to provide 1 better clarity: “Whereas, the City Council finds that dynamic display should be allowed on signs 2 but only with significant control.” 3 4 MOTION/SECOND: Gunn/Mueller. To Waive the First Reading of Ordinance 818, Code 5 Amendment for Chapter 1106 (Conditional Use Permits for Dynamic Display Signs), as 6 amended above. 7 8 Council Member Stigney asked if language addressed if a dynamic sign caused an annoyance. 9 Community Development Director Roberts advised that the Sign Code indicates that such signs 10 shall not cause disturbance to residents. In addition, the CUP Code has performance criteria. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 B. Second Reading of Ordinance 817, an Ordinance Amending Title 500 of the 15 Mounds View City Code about Therapeutic Massage. 16 17 Assistant Clerk-Administrator Crane presented the Code amendment to address eligibility, 18 suspension/revocation, and training requirements for therapeutic massage therapy. Staff 19 recommends adoption and publication by summary. 20 21 Council Member Stigney felt there was some ambiguity with the training requirement and asked 22 if insurance is required as part of the application process. City Attorney Riggs stated the 23 individual being licensed is required to have insurance so it would be redundant to require the 24 applying entity to also have insurance. 25 26 Community Development Director Roberts asked if an individual could collect against both sets 27 of insurance if both are required. City Attorney Riggs stated it would depend on the claim but 28 could be possible depending on the entity relationship. 29 30 City Attorney Riggs read the training requirement wording referenced by Council Member 31 Stigney, and suggested the commas be deleted so it is clear that the 70 hours of resident course 32 study are required as part of earning the diploma or certification. 33 34 Council Member Mueller suggested the sentence be restructured to provide the clarity needed. 35 36 Council Member Stigney asked what is “certified therapeutic massage training.” City Attorney 37 Riggs agreed that the word “certified” should be eliminated. 38 39 Council Member Mueller asked if the 400 hours needs to be completed within one calendar year. 40 Clerk-Administrator Ericson stated at least 400 hours would be required, even if it takes longer 41 than 12 months to accomplish. 42 43 Council Member Stigney noted the language indicates “recognized school” and asked if that also 44 requires the school to be accredited. City Attorney Riggs explained there is not a State Board to 45 Mounds View City Council March 23, 2009 Regular Meeting Page 3 regulate massage therapy or institute standardized regulation. 1 2 Council Member Mueller asked if there is a time limit to acquire the training. City Attorney 3 Riggs noted that most professions require continuing education but Minnesota does not have 4 such regulations. He noted the proposed ordinance addressed the issues raised by the Council 5 but may need future amendments. 6 7 Council Member Stigney stated he would like the regulations to be consistent and asked if 8 Mounds View has a requirement for malpractice insurance for attorneys or doctors. Clerk-9 Administrator Ericson clarified that Mounds View does not issue licenses for most professions. 10 11 MOTION/SECOND: Mueller/Stigney. To Waive the Second Reading and Adopt Ordinance 12 817, an Ordinance Amending Title 500 of the Mounds View City Code about Therapeutic 13 Massage with changes discussed and to publish by summary. 14 15 ROLL CALL: Gunn/Mueller/Hull/Stigney/Flaherty. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 C. Resolution 7426, Approving The Mermaid 2nd Addition Final Plat. 20 21 Community Development Director Roberts presented the Second Addition Final Plat for The 22 Mermaid, noting the final plat approved by the Council on February 9, 2009 was subject to eight 23 conditions. He stated the lot divisions have not changed since the preliminary plat approval 24 except to meet the requirement of Ramsey County to dedicate a 15-foot wide roadway and utility 25 easement along the north side of County Road H. One condition requires the applicant to pay the 26 City’s legal costs including document creation and revisions. Another condition requires the 27 outstanding TIF bond debt (about $409,000) to be paid if the hotel property is sold. 28 29 Mayor Flaherty opened the public hearing at 7:37 p.m. 30 31 Daniel Hall, 2200 Highway 10, stated he understands the City would call the TIF bond if they 32 sold the entire property. He noted that the majority of the TIF was used to buy out the rental, 33 remove contaminated soils, get rid of the tanks, and the blighted building. He advised that two-34 thirds of their taxes are for Mound Vista, not the hotel, and the City has received the benefit of 35 the TIF expenditure. Mr. Hall advised that the potential buyer is thinking about an addition, 36 which would add tax value. However, requiring the payment of $409,000 would kill the deal. 37 38 Robert Heycheck, 3433 Broadway Place, attorney representing the Halls, commented on their 39 purchase of The Mermaid and that the hotel is too small for economic viability and needs to be 40 enlarged. The Halls cannot get financing to do it themselves but have talked with a buyer who 41 has sufficient finances to handle an addition, which would double the value of the hotel from a 42 tax standpoint when the agreement comes off in 2013. In addition, Ramsey County will be 43 making improvements to create a nicer entrance. However, none of this will occur if the City 44 does not allow the TIF to continue. Mr. Heycheck stated the plat under consideration will not be 45 Mounds View City Council March 23, 2009 Regular Meeting Page 4 submitted to the County for filing unless there is a purchase agreement since it also addresses 1 parking for a hotel and addition. He advised that the local bond holder indicated it wants to 2 continue with the TIF note paying 7.5% and will likely take the entire note since the out of state 3 bank wants to get paid off. The Halls have also personally guaranteed the TIF note. 4 5 Mayor Flaherty closed the public hearing at 7:46 p.m. 6 7 Council Member Mueller asked if the project meets the Fire Code or the City has seen the hold 8 harmless agreement. Community Development Director Roberts stated the City had not. 9 10 City Attorney Riggs stated the Council considers the resolution; however, the EDA has to make 11 the decision on the TIF bond question. Currently, the TIF agreement contains a due on sale 12 clause. 13 14 Council Member Mueller asked if resolution approval would force the Planning Commission or 15 EDA to accept an expansion of the property. City Attorney Riggs stated it would not. 16 17 Council Member Mueller asked if it is normal to ask to renegotiate bond terms due to the 18 economy. City Attorney Riggs advised this is not a novel request. 19 20 Daniel Hall stated the local bank has already indicated they would keep their TIF bond and be 21 willing to pick up the other TIF since it was at 7.5% interest. Council Member Gunn stated that 22 written correspondence would need to be obtained from the current TIF bondholders. 23 24 City Attorney Riggs stated the City has not reviewed the bond documents and the EDA can 25 consider the TIF issue but the bondholders would also need to be a participant. 26 27 The Council discussed scheduling an EDA meeting on April 6, 2009, to consider the TIF issues. 28 29 Council Member Stigney stated the EDA needs to receive information and recommendations 30 from staff on the options that can be considered at the meeting. City Attorney Riggs explained 31 that the language of the bonds may drive the timing since some require 30 days notification. 32 33 Mr. Heycheck asked the Council to approve the plat with conditions so they can work towards 34 meeting those conditions. He also requested direction on what the applicant needs to provide. 35 36 City Attorney Riggs recommended postponement and direction to staff to work with the 37 applicant. He also recommended the TIF and plat issues be considered at the same time. 38 39 Council Member Gunn stated that due to the economic downturn, she thinks the Council should 40 look at these issues. 41 42 Council Member Stigney stated he wants a staff recommendation on what, if any, 43 accommodation the Council should consider at this point. Community Development Director 44 Robert stated it is a policy consideration whether the TIF payment should be required now or the 45 Mounds View City Council March 23, 2009 Regular Meeting Page 5 bond agreements renegotiated. 1 2 Mayor Flaherty stated the Halls have been good neighbors in Mounds View but the Council has 3 to consider what is best for the City. 4 5 MOTION/SECOND: Flaherty/Stigney. To Postpone Consideration of Resolution 7426, 6 Approving The Mermaid 2nd Addition Final Plat for the Property at 2200 County Highway 10 7 (The Mermaid). 8 9 Ayes – 5 Nays – 0 Motion carried. 10 11 D. Resolution 7427, Approving a Longevity Increase for Investigator Kirk 12 Leitch of the Mounds View Police Department. 13 14 Assistant Clerk-Administrator Crane presented the report of Deputy Chief Kinney that 15 Investigator Kirk Leitch has performed satisfactorily and recommends a longevity wage 16 adjustment from $33.49 per hour to $35.16 per hour effective April 7, 2009. 17 18 MOTION/SECOND: Mueller/Hull. To Adopt Resolution 7427, Approving Longevity 19 Adjustment. 20 21 Assistant Clerk-Administrator Crane read the Resolution in full. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 E. Schedule an Executive Session of the Council Immediately Following the 26 Conclusion of the Regular Council Meeting to Conduct an Evaluation of an 27 Individual Subject to the Council’s Authority. 28 29 MOTION/SECOND: Mueller/Hull. To Schedule an Executive Session of the Council 30 immediately following the conclusion of the regular Council meeting to conduct an evaluation of 31 an individual subject to the Council’s authority. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 8. CONSENT AGENDA 36 37 Mayor Flaherty asked to remove Items B and C. 38 39 A. Licenses for Approval. 40 B. Standard Operating Guidelines – Administrative Hearing Process. 41 C. Resolution 7424 Approving Tree Removal Contracts for the 2009. 42 D. Resolution 7425 Approving Fourteenth Rider to the Agreement with the St. 43 Paul Board of Water Commissioners. 44 E. Schedule a Public Hearing for Monday, April 13, 2009, at 7:05 p.m., for a 45 Mounds View City Council March 23, 2009 Regular Meeting Page 6 First Reading of Ordinance 819, an Ordinance to Approve an Amendment to 1 Chapter 7, Section 7.03, of the City Charter Relating to Taxation and 2 Finances. 3 4 MOTION/SECOND: Mueller/Stigney. To Approve the Consent Agenda Items A, D, and E. 5 6 Ayes – 4 Nays – 0 Motion carried. 7 8 Council Member Gunn was absent at the time of the vote. 9 10 B. Standard Operating Guidelines – Administrative Hearing Process. 11 12 Mayor Flaherty suggested a $50 filing fee for an administrative hearing, asked that the cited Code 13 be identified as “Section 702-02, Subdivision 2,” and that wording be added to indicate the 14 written report would be issued to “all interested parties.” 15 16 Clerk-Administrator Ericson advised staff will amend the Fee Schedule to include a $50 17 administrative hearing fee for the Council’s future consideration. 18 19 MOTION/SECOND: Flaherty/Gunn. To Approve Standard Operating Guideline 09-12, 20 Administrative Hearing Process, as amended above. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 C. Resolution 7424 Approving Tree Removal Contracts for the 2009. 25 26 Mayor Flaherty read the company names and costs for no access tree removal and with access 27 tree removal, noting they are reasonable prices. 28 29 MOTION/SECOND: Flaherty/Mueller. To Approve Resolution 7424, Approving the Contract 30 Associated with the 2009 Tree Removal Program. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 Council Member Mueller commended staff for its recommendations resulting in the City’s 35 leading-edge efforts to lower expenditures by sharing costs through Joint Powers Agreements 36 with other communities. 37 38 9. JUST AND CORRECT CLAIMS 39 40 Council Member Gunn referenced Page 4, Broadway Heating and Air Conditioning. Finance 41 Director Beer stated it is for a coil repair in the Police Department. 42 43 Mayor Flaherty referenced Page 15, North American Salt Company. Finance Director Beer 44 advised the salt was purchased on February 19, 2009, and the invoice was just received. 45 Mounds View City Council March 23, 2009 Regular Meeting Page 7 1 MOTION/SECOND: Mueller/Flaherty. To Approve the Just and Correct Claims as Presented. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 10. APPROVAL OF MINUTES 6 A. February 23, 2009 City Council Meeting. 7 8 Mayor Flaherty requested a correction on Page 2, Line 18, to indicate that Mr. Munsterman did 9 not install a new gate, but installed a different lock on the old gate. 10 11 Council Member Mueller requested a correction on Page 2, Line 7, to insert the address of 2273 12 Pinewood Drive. 13 14 MOTION/SECOND: Flaherty/Gunn. To Approve the February 23, 2009 City Council Meeting 15 Minutes as Corrected. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 11. REPORTS 20 A. Reports of Mayor and Council. 21 22 Council Member Mueller announced that the Festival in the Park is seeking volunteers and 23 advised of their contacts and meeting schedule. 24 25 Mayor Flaherty thanked the Police Department and Officer Kasey Keckeisen who gave a 26 presentation at a Neighborhood Watch Group. He encouraged neighborhoods to contact Police 27 Chief Sommer should they want to organize a Watch Group. 28 29 B. Reports of Staff. 30 1. Metropolitan Council Federal Stimulus Grant Application. 31 32 Joe Rhein, Consulting Engineering with Bonestroo, explained why the City’s street project was 33 not eligible for the Green Project Reserve grant opportunity, which was learned prior to making 34 application. He advised the Metropolitan Council was appropriated $7.5 million under the 35 stimulus package and is taking grant applications for transportation enhancement projects. Mr. 36 Rhein explained that eligible projects would be Trails 6, 7, 8 and 11, gateway monument signs, 37 or the landscaping (estimated at $400,000) for Trails 1-5, which was eliminated when the project 38 scope was reduced. He estimated the cost for application preparation would be $1,000 to $1,500. 39 40 Council Member Gunn stated support to make application and include the gateway monuments, 41 noting the new City logo can be incorporated. 42 43 Mounds View City Council March 23, 2009 Regular Meeting Page 8 Council Member Mueller asked if the other trails could be included in the application. Mr. 1 Rhein stated those projects would not be ready by November of 2009 since easements are 2 required for those trail sections. 3 4 Council Member Hull asked how the landscaping can be funded for the other trail segments. Mr. 5 Rhein stated that has not been determined. Council Member Hull noted the rest of the trail 6 segments may then look different because the City may not be able to fund landscaping. Mr. 7 Rhein stated that is correct, but noted they do not currently appear the same. 8 9 Council Member Mueller stated support to make application since the trail landscaping meets the 10 grant criteria and the cost to make application is minimal. 11 12 Mayor Flaherty concurred and indicated support to include the gateway monuments since the 13 logos could be included, as mentioned by Council Member Gunn. 14 15 Council Member Stigney asked if it would be a disadvantage to submit a larger application. Mr. 16 Rhein stated the information does not indicate whether they prefer large or small-scale projects. 17 He suggested they ask that question of the Metropolitan Council. 18 19 Council Member Mueller recommended the grant application stress that Mounds View is divided 20 by a major highway and the need for pedestrian crossing to assure safety. 21 22 Council consensus was reached to direct Mr. Rhein to move forward with the application and 23 work with staff on the scope to be included. 24 25 2. Other. 26 27 Mr. Rhein reported on the high attendance and positive outcome of the 2009-2010 Street Project 28 informational meeting. 29 30 Clerk-Administrator Ericson updated the Council on meetings attended, and that the County 31 project for the intersection of Silver Lake Road and County Road H is moving forward. 32 33 Clerk-Administrator Ericson stated the Visit Minneapolis North Visitors and Convention Bureau 34 is allowing member cities east of the Mississippi River the ability to opt out one year early and 35 potentially create a new Bureau focused around the National Sports Center. Staff will continue 36 to monitor that activity and keep the Council informed. 37 38 Clerk-Administrator Ericson reminded the Council of the upcoming community meetings and 39 ribbon cutting for the New Brighton Post Office. 40 41 Clerk-Administrator Ericson distributed the updated goals discussed at the February 28, 2009, 42 staff and Council Retreat and the draft April 6, 2009, Council Work Session agenda. 43 44 Mayor Flaherty stated the goals will be presented at the April 25, 2009, Town Hall meeting. 45 Mounds View City Council March 23, 2009 Regular Meeting Page 9 1 Community Development Director Roberts announced the May 12, 2009, Housing Expo, and 2 advised of topics that will be presented. 3 4 Finance Officer Beer updated the Council on the annual financial audit and preparation of the 5 financial statement. 6 7 Clerk-Administrator Ericson noted Public Works Director DeBar will start March 30, 2009. 8 9 C. Reports of City Attorney. 10 11 Mayor Flaherty noted the title change from Clerk-Administrator to City Administrator remains 12 pending. Clerk-Administrator Ericson stated that issue is before the Charter Commission. 13 14 Council Member Mueller commented on the Highway 610 expansion project and asked staff to 15 remain vigilant about the need for the sound wall because once fully completed, it will greatly 16 increase traffic on County Road 10. 17 18 12. Next Council Work Session: Monday, April 6, 2009, at 6 p.m. 19 Next Council Meeting: Monday, April 13, 2009, at 7 p.m. 20 21 13. RECESS TO EXECUTIVE SESSION 22 23 MOTION/SECOND: Mueller/Hull. To Recess to Executive Session to conduct an evaluation of 24 an individual, Clerk-Administrator Ericson, subject to the Council’s authority. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 The meeting was recessed at 9:07 p.m. 29 30 Transcribed by: 31 32 Carla Wirth 33 TimeSaver Off Site Secretarial, Inc. 34 Item No: 11B3 Meeting Date: April 13, 2009 Type of Business: Reports Administrator Review : ___ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Administrator Reports 1. YMCA Advisory Committee Meeting The committee got together Monday, April 6, to review operations, programs, facility maintenance and other issues. Public Works Director Nick DeBar joined us so that he could meet the MVCC – YMCA staff such as Pat Prindle, Kirk Erickson and Matt Baumann. Also attending were Pat Riemersma, Steve Dazenski and Council member Hull. Matt Baumann provided an update on events in the banquet center, almost every Saturday for the rest of the year is booked and they are working on Fridays and Sundays. We will be replacing the four older non-commercial ceiling fans in the banquet center with six commercial fans and we are researching furniture options to replace the chairs in the banquet center and the upholstered furniture in the lobby, all of which is in poor condition. Pat P. reports that registrations for the summer parks programs are lagging behind last year’s rate, probably due to the hefty fee increase this year. We are learning that despite the increase, the MVCC summer parks programs are still priced better than other options. There will be a Pitch, Hit and Run event at Silverview on May 16th. Kirk reports that they have been coordinating some programs with the Mounds View Library. The MVCC will be holding a 5k fun run again this summer in conjunction with the Festival. Medtronic will be providing a number of volunteers. Many new programs, some geared toward our senior residents, are being added. There have been some complaints about the work being done by the people contracted to clean the MVCC so we will monitor that and follow up as needed. Steve and Matt discussed painting options for the walls around the banquet center, which seem to always be in need of touch-ups. The next Advisory Committee meeting date is May 4, 2009. 2. Public Works Director Nick Debar will have completed his second week of work by the time you read this report. While being sensitive to not overwhelming him with too much information, we have kept him fairly busy with in an effort to get him up to speed on the various projects in the works. Joe Rhein has been very helpful during this time, however as Nick becomes more familiar with the projects at hand, Joe’s role will gradually diminish. The key, naturally, is to ensure as smooth a transition as possible. Nick has been very eager to learn the ropes, get to know his crew, assess individuals’ function and become more familiar with the operations. Nick attended the pre-construction meeting for the 2009-2010 street and utility improvement project on and reports that everything is on track with the exception of Xcel, who had been planning on replacing the natural gas distribution lines in the project area. Apparently Xcel will not be starting right away which could adversely impact the timing of the rest of the project. Nick will work with Bonestroo to ensure the project moves forward on schedule. Administrator Report April 13, 2009 Page 2 3. Visit Minneapolis North Convention and Visitor’s Bureau As you will have already noted, Item 7C of the agenda relates to Mounds View “opting out” of its agreement with Visit Minneapolis North. Three other cities were provided an early out opportunity—Fridley, Ham Lake and Anoka. (Four cities have already opted out.) We need to provide VMN with a response by the end of April to take advantage of the opt out opportunity. The ultimate goal, as Heidi reports, is to create a new convention and visitor’s bureau representing cities east of the Mississippi River. The new CVB would be initiated by the member cities for the purpose of marketing our local region, focusing the lodging tax dollars on our north metro area, rather than supporting marketing activities for destinations in Maple Grove, Brooklyn Park and Brooklyn Center. I have been attending meetings with other city managers and administrators and we continue to refine draft bylaws for the new organization. The key tenets of the new CVB would be to minimize overhead costs, to be nimble, to maximize the effectiveness of regional marketing efforts and to acknowledge the importance and draw of the National Sports Center. As many as eight cities could become a part of the new CVB, which would necessitate the creation of a joint powers agreement in addition to the adoption of the CVB organizational structure and bylaws. I will continue to attend meetings relating to the new organization and will keep the Council informed on its progress. Finally, as Heidi states in her report, our participation is essential as it is one of the few tourism and marketing vehicles available to the City and allows the city to leverage its contribution with the surrounding north metro communities resulting in a more geographically relevant marketing impact. 4. Anoka County / Blaine Airport Advisory Commission Meeting The Anoka County / Blaine Airport Advisory Commission will be meeting on Wednesday, April 15th at the Blaine City Hall. This will likely be a well-attended meeting given the extent of the information and communication in circulation. I will be attending the meeting directly after attending a full-day loss control seminar sponsored by the League of MN Cities. If any Council members are interested in attending, I can provide you with additional information. Barbara Haake will be available at a subsequent Council meeting to provide the Council members with an update. 5. PSO Position Tyler Martin, the City’s new Public Service Officer, started on March 2, 2009. By all accounts, Tyler seems to be doing well and immediately began assisting Jeremiah with code enforcement responsibilities. Tyler has done code enforcement at his previous job and is quite familiar with the process. 6. Comcate Tracking Software The City Council authorized the purchase of new code enforcement software and equipment to be used by the code enforcement and housing code official Jeremiah Anderson. Jeremiah reports that the software and hardware have significantly simplified the tracking process. Jeremiah indicates that the average number of case opened in the first quarter the last three years has been 23. This year, 58 new cases were opened in the first quarter. Administrator Report April 13, 2009 Page 3 7. Public Works Seasonals The City Council authorized the hire of eight seasonals for public works at their meeting on February 23, 2009. After the notice was posted in the newspaper, 80 applications were received, seven of which were submitted by seasonal workers from last year. Interviews were conducted this week and the seasonals should be starting between mid-May and the the end of May. Bill Hanggi has also accepted another tour of duty as a seasonal worker for the City, bringing with him decades of experience. 8. I-35W Corridor Coalition I have not yet paid the 2009 membership statement for the I-35W Corridor Coalition and given the City’s budgetary position, I would like some direction from the Council as to its desire to continue our involvement with the organization. The Coalition originated as a sub- group to the North Metro Mayors Association (an organization with which we remain involved) and in speaking with Joseph Strauss, it could be the case as its membership dwindles, that the coalition could be brought back under the umbrella of NMMA. In my opinion, while there is a value in having such an organization work with the state and federal government in an effort to improve the function and operation of I-35W north of Minneapolis, the City’s present budgetary situation is cause alone to re-examine our involvement. By dropping out of the coalition, the City would save $6,000. If the Council would like, I can invite Joseph Strauss to attend an upcoming Council meeting to give you an overview of the Coalition and its goals before you make such a decision. I have alerted Mr. Strauss of this possibility and he asks that the Council not make a decision until after such a meeting occurs. 9. Police Officer Hire Process As the Council is aware, the police department is going through a hiring process as outlined by the Police Civil Service Commission (PCSC). One hundred and twenty-two applications were received for the one opening, and ninety-one applicants took the written test. Fourteen oral interviews have been completed and the physical agility test will occur on April 18th. After all of the testing and background checks have been completed, the Council will be presented the top three candidates (the eligibility list) as reviewed and approved by the PCSC. This will likely occur in May. 10. New Brighton Area Historical Society As the Mayor reported last week, the New Brighton Area Historical Society will be featuring Mounds View’s 50th anniversary history video at their annual meeting on April 23, 2009, at the New Brighton Family Service Center. The meeting will start at 6:30 pm with the video to begin at 7:00 pm. Respectfully submitted, ________________________ James Ericson Clerk - Administrator