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HomeMy WebLinkAboutAgenda Packets - 2018/10/25CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, October 26, 2009 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:05pm Public Hearing for the Introduction and First Reading of Ordinance 837, a Code Amendment about Voting Requirements for Zoning Code Amendments. B. 7:10pm Public Hearing for the Introduction and First Reading of Ordinance 838, a Code Amendment to Chapter 1125.06 about Penalties. C. Resolution 7513, Approving a Revised Property Tax Payment Plan for Moe’s, located at 2400 Highway 10. D. Resolution 7510, Authorizing Hay Point Adjustments for the Part Time Account Clerk and Receptionist/Recycling Coordinator Positions, and Approving 2% Wage Adjustment for the Part Time Account Clerk Position in Accordance with the Salary Compensation Plan. E. Resolution 7505, Adopting a Special Assessment Levy for Street Reconstruction Costs Related to the Transfer of Private Streets of the Silver Lake Woods Development. F. Resolution 7514, Reapproving the Final Plat & Development Agreement for the Select Senior Living Development. G. Resolution 7516, Appointing Tom Kinney as Interim Police Chief. H. Resolution 7517, Approving “See for Yourself” as the New Tagline for the City of Mounds View. I. Resolution 7518, Authorizing Replacement Purchase of Chemical Scales and Chemical Switch-Over Units. J. Resolution 7519, Adopting Enhanced Design Options for Edgewood Drive Reconstruction. K. Resolution 7515, to Consider Special Assessments for Unpaid Administrative Offense Fines. 8. CONSENT AGENDA A. Licenses for Approval 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. September 28, 2009, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Finance Quarterly Report 2. Community Development Quarterly Report 3. Electronic Message Board Designs 4. Public Works Project Updates 5. Report from the Administrator C. Reports of City Attorney 12. Next Council Work Session: Monday, November 2, 2009. at 7 p.m. Next Council Meeting: Monday, November 9, 2009, at 7 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, October 26, 2009 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:05pm Public Hearing for the Introduction and First Reading of Ordinance 837, a Code Amendment about Voting Requirements for Zoning Code Amendments. B. 7:10pm Public Hearing for the Introduction and First Reading of Ordinance 838, a Code Amendment to Chapter 1125.06 about Penalties. C. Resolution 7513, Approving a Revised Property Tax Payment Plan for Moe’s, located at 2400 Highway 10. D. Resolution 7510, Authorizing Hay Point Adjustments for the Part Time Account Clerk and Receptionist/Recycling Coordinator Positions, and Approving 2% Wage Adjustment for the Part Time Account Clerk Position in Accordance with the Salary Compensation Plan. E. Resolution 7505, Adopting a Special Assessment Levy for Street Reconstruction Costs Related to the Transfer of Private Streets of the Silver Lake Woods Development. F. Resolution 7514, Reapproving the Final Plat & Development Agreement for the Select Senior Living Development. G. Resolution 7516, Appointing Tom Kinney as Interim Police Chief. H. Resolution 7517, Approving “See for Yourself” as the New Tagline for the City of Mounds View. I. Resolution 7518, Authorizing Replacement Purchase of Chemical Scales and Chemical Switch-Over Units. J. Resolution 7519, Adopting Enhanced Design Options for Edgewood Drive Reconstruction. K. Resolution 7515, to Consider Special Assessments for Unpaid Administrative Offense Fines. 8. CONSENT AGENDA A. Licenses for Approval City Council Meeting Agenda Monday, October 26, 2009 Page 2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. September 28, 2009, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Finance Quarterly Report 2. Community Development Quarterly Report 3. Electronic Message Board Designs 4. Public Works Project Updates 5. Report from the Administrator C. Reports of City Attorney 12. Next Council Work Session: Monday, November 2, 2009. at 7 p.m. Next Council Meeting: Monday, November 9, 2009, at 7 p.m. Item No: 7A Meeting Date: October 26, 2009 Type of Business: Public Hearing Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Ken Roberts, Community Development Director Item Title/Subject: Public Hearing – First Reading and Introduction of Ordinance 837, Code Amendment about Voting Requirements for Zoning Amendments Introduction: Community Development staff has a list of code amendments that the City should make. This report is about a proposed code amendment for the voting requirements for zoning amendments. Discussion: The City Attorney has advised staff that the City should amend Section 1125.01, Subd.1j of the City Code. (Please see the attached memo from 2004). This change is necessary because the current City Code language is inconsistent with State statutes. The City may not adopt code language that is more restrictive than or inconsistent with State statute. The current code language reads as follows: j. Four-Fifths Vote: Amendments of this Title, the Official Zoning map or for a conditional use permit shall require passage by four-fifths (4/5) vote of the full City Council. Simply put, this means that the City Code now requires at least four of the City Council members to vote in approval of any zoning change in the City. Unfortunately, State statutes (462.357, Subd. 2(b)) requires a simply majority vote (3/5) of the City Council to approve most zoning changes. However, the state statute does require the City Council to approve a zoning amendment that changes all or part of an existing residential zoning district to either commercial or industrial by a four-fifths (4/5) vote. Staff has prepared an amendment to the City Code to correct this conflict. Recommendation: Approve the introduction and first reading of Ordinance 837. Respectfully submitted, Ken Roberts – Community Development Director Attachments: 1. Memo from Scott Riggs 2. Planning Commission Resolution 911-09 3. Ordinance 837 MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 911-09 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1125 OF THE MOUNDS VIEW ZONING CODE ABOUT THE VOTING REQUIREMENTS FOR ZONING CHANGES WHEREAS, based on the recommendation of the City Attorney, City staff has recommended that the City change Section 1125.01, Subd. 1j. of the City Code about the voting requirements for zoning changes in Mounds View and, WHEREAS, City staff has amended Chapter 1125.01, Subd. 1j of the Mounds View Zoning Code by deleting the stricken language and adding the underlined text as follows: 1125.01 (1)(j): Four-Fifths Vote: Amendments of this Title, or to the Official Zoning Map that change all or part an existing residential zoning district to either commercial or industrial or for a conditional use permit shall require passage by a four-fifths (4/5) vote of the full City Council. All other amendments to this Title, to the Official Zoning Map or for a conditional use permit shall require passage by a three-fifths vote of the full City Council. WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the proposed amendment to Chapter 1125.01 of the Mounds View Zoning Code clarify the voting requirements for zoning changes. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council before approval of the minutes. Adopted this 7th day of October, 2009. _________________________________________ Gary Stevenson, Chairperson ATTEST: _________________________________________ Kenneth Roberts, Community Development Director (SEAL) ORDINANCE 837 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1125.01 OF THE MOUNDS VIEW ZONING CODE ABOUT THE VOTING REQUIREMENTS FOR ZONING CHANGES The City of Mounds View ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1100, Chapter 1125.01, Subd. 1j of the Mounds View Zoning Code pertaining to “Penalties” by deleting the stricken language and adding the underlined text as follows: 1125.01 (1)(j): Four-Fifths Vote: Amendments of this Title, or to the Official Zoning Map that change all or part an existing residential zoning district to either commercial or industrial or for a conditional use permit shall require passage by a four-fifths (4/5) vote of the full City Council. All other amendments to this Title, to the Official Zoning Map or for a conditional use permit shall require passage by a three-fifths vote of the full City Council. SECTION 2. This ordinance takes effect 30 days after its publication in the official City newspaper. PUBLIC HEARING, INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 26th day of October, 2009. SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 9th day of November, 2009. PUBLICATION DATE: November 19, 2009 ATTEST: _____________________________________ Mayor (seal) _____________________________________ City Clerk-Administrator Item No: 07C Meeting Date: Monday, October 26, 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 7513, Approving a Revised Property Tax Payment Plan for Moe’s, located at 2400 Highway 10. Background: Ramsey County property records continue to indicate that Moe’s property taxes are delinquent. At the June 8, 2009, City Council Meeting, the owner of Moe’s (Jeff Moritko), submitted a payment plan to the City. The payment plan stated that Mr. Moritko would “ear mark” $1,500 per week to property taxes, and would be paid in full (including 1st half of 2009) by October 1, 2009. Moe’s liquor license was approved at the June 8, 2009, City Council Meeting contingent on becoming current on property taxes by October 1, 2009. Discussion: Staff contacted Ramsey County Property Records Division on Thursday, October 22, 2009. Ramsey County indicated that Moe’s continues to owe property taxes, and are delinquent in the amount of $70,915.74 (this amount includes the second half of 2009 taxes, which were due on October 15, 2009). Staff sent a letter to Mr. Moritko reminding him of his payment agreement with the City Council. In this letter, Staff stated that if property taxes are not paid in full by the October 1, 2009, deadline, then the City Council may consider options to include suspension or revocation of his liquor license. At the September 28, 2009, City Council Meeting, Jeff Moritko submitted a letter to the City Council, which outlined a revised payment plan (attached). On September 28, 2009, it was the consensus of the City Council to invite Jeff Moritko to the next scheduled City Council Meeting to discuss the possibility of approving his revised payment plan. Mr. Moritko intended to appear before the City Council on October 12th, but was unable due to a sick family member. This item was postponed to this meeting to give Mr. Moritko the opportunity to present his revised payment plan to the Council. Mr. Moritko did contact Staff by email, and indicated that he would be attending this meeting. Moe’s Revised Property Tax Payment Plan October 26, 2009 Page 2 Attached is Resolution 7513, which would approve Mr. Moritko’s payment plan, if the Council wishes to approve the revised payment plan. It was the consensus of the City Council at the September 28th City Council Meeting to discuss a firm property tax payment deadline. This has been added as a blank line on the resolution. If the City Council wishes to deny Mr. Moritko’s revised payment plan, then the City Council does have the option to start the suspension/revocation of the liquor license. Recommendation: Staff recommends discussing the revised payment plan with Jeff Moritko. Attached is Resolution 7513, approving the new payment plan, if the City Council wishes to approve, with the option of a firm deadline. Respectfully submitted, _________________________ Desaree Crane Assistant City Clerk-Administrator RESOLUTION NO. 7513 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A REVISED PROPERTY TAX PAYMENT PLAN FOR MOE’S LOCATED AT 2400 HIGHWAY 10 WHEREAS, on the June 8, 2009, City Council Meeting, the owner of Moe’s (Jeff Moritko), submitted a payment plan to the City for delinquent property taxes; and WHEREAS, the payment plan submitted on June 8, 2009, stated that Mr. Moritko would “ear mark” $1,500 per week to property taxes, and would be paid in full (including 1st half of 2009) by October 1, 2009; and WHEREAS, Moe’s liquor license was approved at the June 8, 2009, City Council Meeting contingent on becoming current on property taxes by October 1, 2009; and WHEREAS, on the September 28, 2009, City Council Meeting, Jeff Moritko submitted a revised property tax payment plan for Moe’s; and WHEREAS, as of October 8, 2009, Ramsey County records indicate that Moe’s continues to be property tax delinquent; and WHEREAS, it is the consensus of the City Council to approve Moe’s attached revised payment plan, contingent on becoming current on delinquent property taxes by ___________________.; and WHEREAS, if full payment is not made by the deadline, then nonpayment may be grounds for Suspension or Revocation of Moe’s liquor license under §502.16 of the Mounds View City Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the attached revised payment plan for Moe’s, with property taxes paid in full by ___________________. Adopted this 26th day of October, 2009. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, Clerk-Administrator (seal) Item No: 07D Meeting Date: October 26, 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 7510, Authorizing HAY Point Adjustments for the Part Time Account Clerk and Receptionist/Recycling Coordinator Positions, and Approving a 2% Wage Adjustment for the Part Time Account Clerk Position in Accordance with the Salary Compensation Plan. Introduction: On June 9, 2008, the City Council approved Resolution 7281, which authorized Springsted to conduct a compensation study and market wage analysis. The work was completed, however, due to reliability issues with the HAY points assigned to each position and limited responses for other positions, staff was unable to prepare a comprehensive pay plan for Council consideration. The City Council expressed a strong desire to complete the compensation study and market wage analysis with a reliable pay plan, thus a comprehensive analysis of the HAY points was needed. The Council authorized this work on November 24, 2008 via Resolution 7365. This work was completed, and the City Council authorized a maximum 2% wage adjustment, effective January 1, 2009, for positions that were deemed under compensated, with the exception of the part time Account Clerk position. This 2% wage adjustment was approved by the City Council via Resolution 7380 at the December 22, 2008, City Council meeting. Discussion: At the December 22, 2008 City Council Meeting, Staff indicated that the Part Time Account Clerk position would require a “job audit.” The audit would determine the relevant job duties for purposes of establishing appropriate HAY points for the position as well as an appropriate wage or verifying that the existing wage is appropriate. In order to verify that the existing wage is accurate, job audits would also need to be conducted for the Payroll/Utility Billing Specialist and the Receptionist/Recycling Coordinator as well. Various duties of the Account Clerk overlap between the Payroll/Utility Billing Specialist and the Receptionist/Recycling Coordinator positions. Staff and Springsted wanted to ensure that the City had an accurate assessment of the Part Time Account Clerk duties, as well as the Payroll Utility Billing Specialist and the Receptionist/Recycling Coordinator. HAY Point and Wage Adjustment Report October 26, 2009 Page 2 It was determined that the Payroll/Utility Billing Specialist HAY Points and wage compensation was accurate, and therefore no revisions were necessary. However, the Account Clerk and Receptionist/Recycling Coordinator were pointed too high, according to the Springsted study. The Account Clerk was originally pointed at 173 HAY Points, and was recommended to be lowered to 120 HAY Points. The Receptionist/Recycling Coordinator was originally pointed at 169 HAY Points, and has been lowered to 123 HAY Points. Although the HAY Points have been lowered, the market data indicates that both the Receptionist/Recycling Coordinator and the Account Clerk were undercompensated according to the Salary Compensation Plan. The Receptionist/Recycling Coordinator did receive a 2% wage adjustment on January 1, 2009, however the Part Time Account Clerk did not receive this adjustment due to the pending job audit. Staff is requesting authorization to approve a 2% wage adjustment for the Account Clerk, effective January 1, 2009, as authorized for the other under compensated employees as approved in Resolution 7380 (passed by the City Council on December 22, 2008). Recommendation: Staff recommends approval of Resolution 7510, a resolution authorizing HAY point adjustments for the Part Time Account Clerk and Receptionist/Recycling Coordinator Positions, and approving a 2% wage adjustment for the Part Time Account Clerk Position in accordance with the salary compensation plan. Respectfully submitted, ________________________ Desaree Crane Assistant City Clerk-Administrator RESOLUTION 7510 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING HAY POINT ADJUSTMENTS FOR THE PART TIME ACCOUNT CLERK AND RECEPTIONIST/RECYCLING COORDINAOTR POSITION AND APPROVING A 2% WAGE ADJUSTMENT FOR THE PART TIME ACCOUNT CLERK POSITION IN ACCORDANCE WITH THE 2009 SALARY COMPENSATION PLAN WHEREAS, on January 9, 2008, the City Council approved Resolution 7281 authorizing a work plan submitted by Springsted to conduct a compensation study and market analysis; and WHEREAS, On November 24, 2008, the City Council approved Resolution 7365 authorizing a supplemental work plan with Springsted to review job descriptions and conduct a HAY Point analysis; and, WHEREAS, on December 22, 2008, the City Council approved Resolution 7380 authorizing the implementation of the comprehensive 2009 Pay Plan which approved HAY point adjustments, and incorporated a maximum 2% wage adjustment for undercompensated positions as indicated in the compensation study prepared by Springsted, effective January 1, 2009; and WHEREAS, on December 22, 2008, the City Council authorized a job audit analysis on the Part Time Account Clerk; and WHEREAS, in order to verify that the existing wage was accurate on the Part Time Account Clerk position, job audits were also conducted for the Payroll/Utility Billing Specialist and the Receptionist/Recycling Coordinator; and WHEREAS, Springsted determined that the Payroll/Utility Billing Specialist HAY Points and wage compensation was accurate, and therefore no revisions were necessary; and WHEREAS, Springsted determined that the Part Time Account Clerk and the Full Time Receptionist/Recycling Coordinator was pointed incorrectly, and HAY point adjustments are recommended for these positions; and WHEREAS, according to the Springsted Proposed 2009 Wage Schedule, the Part Time Account Clerk position remains under compensated as corroborated by the job audit; and Resolution 7510 Page 2 WHEREAS, a 2% wage adjustment for the Part Time Account Clerk position would be warranted, consistent with Resolution 7380. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approves the following: 1, Approve a 2% wage adjustment for the Part Time Account Clerk, effective January 1, 2009. 2. Approve a HAY point adjustment for the Part Time Account Clerk from 173 HAY points to 120 HAY points. 3. Approve a HAY point adjustment for the Full Time Receptionist/Recycling Coordinator from 169 HAY points to 123 HAY points. Adopted this 26th day of October, 2009 __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No: 7F Meeting Date: October 26, 2009 Type of Business: Action City Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Ken Roberts, Community Development Director Item Title/Subject: Resolution 7514, Reapproving the Final Plat and Development Agreement for the “Select Senior Living” Development; Introduction: On October 27, 2008, the City Council passed Resolution 7347, which approved the final plat and development agreement for the Select Senior Living development. This was the last of the Council actions required in order for the project to move forward. Per city code, an applicant has 120 days to record the plat with Ramsey County, and if the recording does not happen within this timeframe, the plat approval is void. The code also states that the plat can be reapproved and the applicant given up to another 120 days. Due to the shakeup within the banking industry, Select Senior Living was not able to start the project within the allowed 120 days and their final plat and development agreement approval became void. On July 13, 2009, the City Council re-approved the final plat and development agreement for this project for another 120 days. This re-approval will expire on November 10, 2009. The applicant is hopeful that they will soon have another bank willing to partner with them and they can move forward with this development. Select Senior Living is once again asking for a 120 day re-approval of the final plat and development agreement which would expire on February 23, 2010. Chapter 1202.07: Final Plat Approval Procedure Subd. 4. Recording of Final Plat: If the final plat is approved, the subdivider shall, within one hundred twenty (120) days, record it with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the Clerk-Administrator shall so notify the County Register of Deeds or Registrar of Titles. Subd. 5. Re-Approval: In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed one hundred twenty (120) days. (1988 Code §42.05; 1993 Code). Select Senior Living Report October 26, 2009 Page 2 Discussion: Select Senior Living, represented by Joel Larson, has submitted a letter requesting the final plat and development agreement be re-approved for a second time. They still plan to construct this project but unfortunately continue running into problems beyond their control. A contractor has been chosen, and the building permit application and plans were submitted to the City and reviewed in February. Select Senior Living has indicated that they are hopeful that they will soon have all of their financing completed and hope to move forward with the project soon. Recommendations: Staff requests that the City Council pass Resolution 7514, reapproving the Select Senior Living final plat and development agreement. Respectfully submitted, Ken Roberts Community Development Director Attachments: 1. Letter from Joel Larson, Select Companies 2. Resolution 7514 RESOLUTION NO. 7514 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE “SELECT SENIOR LIVING” FINAL PLAT AND DEVELOPMENT AGREEMENT; MOUNDS VIEW PLANNING CASE NO. MA2008-002 WHEREAS, Joel Larson, representing Select Senior Living has requested re- approval of the final plat and the Development Agreement for the “Select Senior Living” project on three properties legally-described as follows: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 063023310030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 063023310029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street of alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 063023310028) WHEREAS, The above-described lands are zoned R-4, High Density Residential; and, WHEREAS, Select Senior Living submitted a Final Plat, date stamped October 23, 2008, for the major subdivision which combines three lots into one parcel; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project area and a County Highway 10 Trail Contribution; and, WHEREAS, the grading and drainage plan has been reviewed and approved by the City Engineering consultant and the Rice Creek Watershed District has given conditional approval; and, Resolution 7514 Page 2 WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Preliminary Plat 2. Zoning Map 3. Site Plan, dated September 4, 2008 4. Grading, Utility & Landscape Plans, dated September 18, 2008 5. Planning Commission Resolutions 891-08, 892-08 and 893-08 6. Resolution 7321, Approved September 8, 2008 7. Ordinance 813, First Reading on September 8, 2008 8. Development Agreement 9. Final Plat, dated October 23, 2008 10. Resolution 7347, Approved October 27, 2008 WHEREAS, on August 25, 2008 and September 8, 2008, the Mounds View City Council held a duly noticed public hearing about this development and major subdivision and approved Resolution 7321 that approved the “Select Senior Living” preliminary plat; and, WHEREAS, the City attorney and City engineering consultant have reviewed the final plat and finds it to be in conformance with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution; and, WHEREAS, on October 27, 2008, the Mounds View City Council approved Resolution 7347 which approved the final plat and development agreement for the “Select Senior Living” subdivision; and, WHEREAS, the applicant was not able to record the plat within the required 120 days due to issues beyond their control, which caused the final plat and development agreement approval to become null and void; and, WHEREAS, on July 13, 2009, the Mounds View City Council approved Resolution 7476, which re-approved the final plat and development agreement for the project for 120 days. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having already approved the Preliminary Plat and Final Plat, re-approves the Final Plat and Development Agreement for the “Select Senior Living” subdivision, subject to stipulations as follows: 1. Prior to the Final Plat execution, Select Senior Living shall pay to the City a park dedication fee in the amount of $32,150.00, and a County Highway 10 Trail Contribution in the amount of $8,040. 2. Select Senior Living shall enter into the Development Agreement with the City and said document shall be recorded with Ramsey County. Resolution 7514 Page 3 3. Select Senior Living shall obtain final approval from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity begins. 4. No demolition, grading or construction activity may proceed without the contractor obtaining all necessary permits. 5. All utilities within the development area shall be located underground. 6. The developer or contractor shall obtain the necessary permits for any and all work occurring within the City and County right of way. 7. Select Senior Living shall successfully complete any and all requirements after final review of the final plat by the City Attorney. 8. The approval contemplated herein is subject to the condition that Select Senior Living must pay for all costs concerning this subdivision incurred by the City Attorney, city consultants, and any other costs of a similar nature. NOW, THEREFORE, BE IT FINALLY RESOLVED that re-approval of this final plat and Development Agreement is subject to recordation with Ramsey County, which shall occur within one hundred twenty (120) days of City Council approval. Within 10 days of the recording, Select Senior Living shall furnish the City with proof of the recording; otherwise, the approval of the final plat shall be void. Adopted this 26th day of October, 2009. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, Clerk - Administrator (SEAL) Item No: 07G Meeting Date: Monday, October 26, 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 7516, Appointing Tom Kinney as Interim Police Chief. Background: On Friday, October 16, 2009, Police Chief Sommer submitted his letter of resignation to the Clerk-Administrator. Chief Sommer’s last day of employment is Friday, October 30, 2009. Discussion: Resolution 5626 (attached), allows for additional compensation to be paid to employees performing higher classification duties, so long as the duration of work exceeds two months and that the employee is assuming 75% or more of the higher classification duties. In this case, both of these requirements are satisfied. Deputy Police Chief Kinney will be taking on the duties of the Police Chief on an interim basis while the City Council and Staff start the hiring process of a new Police Chief. The hiring process and schedule will be discussed at the November Work Session. Recommendation: Staff recommends that Deputy Chief Kinney be appointed as Interim Police Chief and be compensated at 10% in accordance with Resolution 5626, effective October 31, 2009. Staff and the City Council will be discussing the hiring process of the Police Chief position at the November Work Session. Respectfully submitted, _________________________ Desaree Crane Assistant City Clerk-Administrator RESOLUTION NO. 7516 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING TOM KINNEY AS INTERIM POLICE CHIEF WHEREAS, on October 16, 2009, Police Chief Sommer submitted his letter of resignation to the Clerk-Administrator; and WHEREAS, Chief Sommer’s last day of employment is October 30, 2009; and WHEREAS, Staff is recommending that the City Council appoint Deputy Police Chief Tom Kinney to serve as the Interim Police Chief, effective October 31, 2009, until the City Council fills the vacancy; and WHEREAS, Staff is recommending that the City Council compensate Deputy Police Chief Kinney at his normal rate of pay plus an additional 10% per Resolution 5626. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby appoint Tom Kinney to serve as Interim Police Chief. NOW, THEREFORE BE IT FURTHER RESOLVED, that for this interim period, Tom Kinney will be compensated at his normal rate of pay plus an additional 10% per Resolution 5626. Adopted this 26th day of October, 2009. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, Clerk-Administrator (seal) Item No: 7I Meeting Date: October 26, 2009 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, PW Director / Mike Schnur, Lead Utility Operator Item Title/Subject: Resolution 7518 Authorizing Replacement Purchase of Chemical Scales and Chemical Switch-Over Units Introduction: Water Treatment Plant No. 1 (WTP#1) was constructed in 1992 and has the original chemical tank switch-over units still in use. The chemicals used to treat the raw ground water to drinking water standards rely are fed through these units as part of the treatment process. Currently, the switch-over units do not switch-over automatically to a secondary tank. When the tank becomes empty, the switch over is done manually by hand. This can lead to either not feeding chemicals into the water for a short period of time that it goes unnoticed (at nights or weekends), or switching over the tank before it’s completely empty. WTP#1 had a Sulpher Dioxide scale replaced in 1998 and that scale is showing signs of failure. In addition, the chemical scales at WTP No. 2 and 3 are also failing. The digital display won’t display from time to time, and although it has always come back, eventually it won’t. These scales are how we verify our chemical feed dose in the water in accordance with Minnesota Department of Health Standards. Discussion: Public Works has received verbal quotes to replace the three scales and two switch over units. The following are the three quotes received: 1. Larsco: $5,985 ($1,575 each for the scales, and $630 each for the switch-over units) 2. Vesco: $7,110 ($2,370 each for the scales, and no quote given for the switch-over units) 3. Hawkins: $6,600 ($2,200 each for the scales, and no quote given for the switch-over units) No quotes were obtained for the switch-over units from Vesco or Hawkins since they would not provide them as part of the scale price. However, the quote from Larsco with the unit prices for switch-over units was still less than Vesco and Hawkins. This equipment replacement was not expected. This was not included in the adopted 2009 budget. However, monies are available in the designated account for this type of purchase. Account 700-4823- 7030, Water Infrastructure & Equipment Maintenance-Capital Equipment has $10,000 budgeted for the water tower assessment. There is also $5,000 for the water tower evaluation in this fund under 700- 4823-3030 - other professional services that the contracted study is being paid from. Therefore, staff recommends funding the purchase of the chemical scales and switch-over units from account 700-4823- 7030. Recommendation: Staff recommends adopting Resolution 7518, which would authorize the purchase of three chemical scales and two chemical switch over units from Larsco Inc. for the total price of $5,985 plus tax and shipping. Respectfully submitted, Nick DeBar - Public Works Director RESOLUTION 7518 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING REPLACEMENT PURCHASE OF CHEMICAL SCALES AND CHEMICAL SWITCH-OVER UNITS WHEREAS, the City of Mounds View produces drinking water and is obligated to meet or exceed Minnesota Department of Health Standards; and WHEREAS, the chemical switch-over units in Water Treatment Plant No. 1 are aging and newer technology allows for more efficient operation and use of water treatment chemicals; and WHEREAS, chemical scales in Water Treatment Plants No. 1, 2, and 3 are showing signs of failure and need replacement; and WHEREAS, City staff has obtained three estimates for replacing three chemical scales and two chemical switch-over units with the low estimate submitted by Larsco in the amount of $5,985 plus tax and shipping costs; and WHEREAS, monies are available in the adopted 2009 City budget under account 700-4823-7030 that can be utilized for purchase of the chemical scales and switch-over units without increasing the adopted budget amounts of that account. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. City staff is hereby authorized to purchase three chemical scales and two chemical switch-over units from Larsco in the amount of $5,985 plus tax and shipping for use in Water Treatment Plants No. 1, 2 , and 3. 2. Monies for the chemical equipment replacement costs will be funded from account 700-4823-7030 – Water Infrastructure and Equipment Maintenance, Capital Equipment. Adopted this 12th day of October, 2009. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (SEAL) Item No: 7J Meeting Date: October 26, 2009 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 7519 Adopting Enhanced Design Options for Edgewood Drive Reconstruction Background: Edgewood Drive (between County Road H and H2) is a Municipal State Aid System (MSAS) roadway in Area C of the Streets and Utilities Program (Program) and is scheduled for construction next year. The City Council adopted a design configuration for Edgewood Drive at their September 28, 2009 regular meeting. The adopted configuration is as follows: • Edgewood Drive will be reconstructed with a total street width of 40 feet, measured from face- to-face of vertical curbing, with 8-foot dual-use, parking/bicycle lanes on each side of the 12- foot travel lanes. • A 6-1/2 foot wide, off-street, concrete sidewalk will be constructed immediately behind the back of curb on the east side of Edgewood Drive between County Roads H and H2. Discussion: Since Edgewood is a unique street in next year’s project, City staff and Bonestroo have investigated several design enhancements to better serve the varied users of the street. The following design enhancements were presented to the Streets and Utilities Committee at their October 19, 2009 regular meeting. The Committee recommendations follow each item. Chokers/Bump-outs: One potential design enhancement would be the use of chokers, which were utilized in Area A on Red Oak Drive. Advantages: • Slows traffic by funneling it through a narrower street opening (minimal reductions of 1-2 mph) • Slows vehicles making a right turn by reducing the curb radius • Protects parked vehicles • Prevents illegal parking close to intersections • Improves pedestrian visibility • Minimizes pedestrian crossing distances • Provide a safe refuge for pedestrians when crossing the road Resolution 7519 Adopting Enhanced Design Options for Edgewood Drive Reconstruction October 26, 2009 Page 2 Disadvantages: • Additional cost due to sidewalk construction (estimated at $3,000-$4,000 per choker) • Additional maintenance (nuisance for snowplows) • Most effective when used in conjunction with sharp vertical deflection elements (i.e. trees) • Experienced bicyclists may merge with traffic rather than use sidewalk • Drainage may become an issue • Turning movements for large vehicles may be hindered • Significant speed reduction doesn’t occur until significant narrowing occurs (18 to 20-foot widths), which we can’t do and still meet State Aid requirements Chokers do not work in all situations at reducing speed and/or volume of traffic. For chokers to be the most effective, the following is recommended: • Spaced 200 to 300 feet apart • The width between the curbs is 18 to 20 feet • Used in conjunction with other methods of traffic calming • Accompanied with a sharp vertical element • Used at midblock instead of at intersections Excessive speed has not been a major concern from residents on Edgewood Drive. Pedestrian safety has been a concern due to the amount of children walking or biking to Edgewood Middle School. A choker was recommended only at the mid-block school crossing (directly across from the paved easement) to improve pedestrian visibility and reduce the width of the road that pedestrians need to cross from 40 feet wide to 28 feet wide. It would also provide a safe refuge for pedestrians waiting to cross the street and promote the use of the existing crosswalk across the bus lanes within the parking lot. The choker may create a hazard for passing bicyclist without the use of in-line pedestrian ramps similar to those installed on Red Oak Drive. The proposed choker in front of Edgewood MS would not be large enough to situate these in-line ramps and instead could become a major hazard to bicyclists, especially at night. The Committee recommended the following: Committee Recommendation: Construct small choker (crosswalk bump-out) only at mid- block crossing in front of Edgewood MS lined up with 10 foot paved easement if curb height can be mitigated to prevent hazard to bicyclists (6-0 vote). City Staff Recommendation: Curbing hazard cannot be mitigated and choker is not recommended. Crosswalks Striped crosswalks are another tool that can be used to enhance the safety of pedestrians. Due to the amount of pedestrian traffic to and from Edgewood Middle School, staff recommends placing crosswalks at the following locations to alert motorists of potential pedestrian activity: • Across County Road H and County Road H2 (City and County staff are discussing potential enhancements to these crosswalks) • Across Edgewood Drive at the school entrance, at Woodale Drive, at Ridge Lane, and at Clearview Avenue In addition to the striped crosswalks, pedestrian crossing signs would be installed. The proposed crosswalks and signing are shown on the attached plan sheets. It is estimated that the signing and striping required for each crosswalk would add approximately $1,250 to the project costs. Resolution 7519 Adopting Enhanced Design Options for Edgewood Drive Reconstruction October 26, 2009 Page 3 Committee/Staff Recommendation: Construct crosswalks with signage on County Roads H and H2 and across Edgewood Drive at Edgewood MS mid-block choker crossing and at Woodale Drive, Ridge Lane, and Clearview Avenue intersections (6-0 vote). School Zone Signing As mentioned previously, Edgewood Middle School is adjacent to the east side of Edgewood Drive, between County Road H and Woodale Drive. There is a relatively steep hill in front of the main entrance to the school that limits visibility. For this reason, Staff recommends adding school zone signing that reduces the speed limit to 20 M.P.H. when children are present. The proposed signing is shown on the attached plan sheets and would add approximately $750 to the project costs. City staff is looking into a Safe Routes to School plan with Ramsey County and Edgewood MS to facilitate the school zone speed and to designate pedestrian and bicycle patterns to be used by school children. Committee/Staff Recommendation: Pursue the construction of 20 mph school zone signing (6-0 vote). Turn Lanes Right and left turn lanes currently exist on southbound Edgewood Drive at County Road H. Staff recommends maintaining the turn lanes. The turn lanes are proposed for the following reasons: • The cross traffic on County Road H does not stop at the intersection, making it an inconvenience for motorists wanting to turn right, especially during school drop-off and pick- up timeframes. • Cost is minimal (approximately $2500). Right and left turn lanes do not currently exist for northbound Edgewood Drive at County Road H2. Although cross traffic does not stop at this intersection either, there generally is less congestion and traffic. In addition, inadequate right-of-way and grading issues exists that prohibit constructing designated left and right turn lanes at this intersection without significant cost and land impacts. For this reason, separate turn lanes are not recommended at County Road H2. Committee/Staff Recommendation: Construct separate designated left and right turn lanes on southbound Edgewood Drive at County Road H only (6-0 vote). Concrete Sidewalk/Grass Boulevard Resolution 7501 for the Non-Standard Design Configuration for Edgewood Drive as adopted by the City Council states that a 6.5-foot wide concrete sidewalk will be constructed along Edgewood Road, adjacent to the back of curb, from County Road H to County Road H2. During the detailed design process, some issues have come up. For instance, because the sidewalk is adjacent to the back of curb, there is no room for mailboxes, which are currently on the east side of the road, north of Woodale Drive. In addition, the sidewalk would undulate (move up and down) at each residential driveway (at least 10 spots) to match the curb depression required for the concrete driveway apron. The undulating sidewalk would most likely require steeper cross-slopes that would exceed the 2% ADA maximum and would not be compliant with these regulations. Resolution 7519 Adopting Enhanced Design Options for Edgewood Drive Reconstruction October 26, 2009 Page 4 For these reasons, Staff recommends constructing the sidewalk 5 feet behind the curb adjacent to the residential properties between Woodale Drive and County Road H. The exception to this would be adjacent to the Robert’s property, where steeper grades and trees would be significantly impacted with a 5 foot boulevard. In this location we recommend placing the sidewalk directly behind the back of curb. Some benefits to moving the sidewalk away from the curb and creating a turf boulevard are: • Provides space for mailboxes, garbage/recycling containers, traffic signs, snow storage, and future street lighting and/or future boulevard trees. • Prevents undulating sidewalk and non-compliant cross-slopes at driveways and crosswalk pedestrian curb ramps, whereby decreasing tripping hazards and City liability. • Provides better separation between pedestrians from traffic = better safety. In the areas with a boulevard, the east edge of the sidewalk would be placed approximately 1 to 2 feet west of the property lines. The outer edge of the sidewalk would be approximately 5 to 6 feet further east than the existing edge of pavement; however, no additional impervious would be created. Temporary construction easements for grading purposes may be needed in several locations and there would be no tree impacts. In addition, additional costs with the boulevard option are insignificant. The sidewalk between County Road H and Woodale would be placed directly behind the back of curb. This will facilitate the drop-off and pick-up of students at Edgewood MS, allowing school children to step out of/into vehicles from the sidewalk. Committee/Staff Recommendation: Construct concrete sidewalk on east side of Edgewood Drive directly behind back of curb between County Road H and Woodale Drive and adjacent to the Robert’s property (County Road H2 to approximately 350 feet south of County Road H2). Concrete sidewalk edge to be placed 5 feet away from back of curb adjacent to residential properties between Woodale Drive and 350 feet south of County Road H2 (house numbers 5200 to 5292). (6-0 vote). A notice was delivered to the Edgewood Drive property owners adjacent to the proposed sidewalk with grass boulevard (house numbers 5200 to 5290) informing them of the City Council consideration of the grass boulevard on October 26, 2009. That notice is attached to this report. Recommendation: Staff recommends that the City Council approve Resolution 7519, which will adopt enhanced design options for reconstructing Edgewood Drive. Respectfully submitted, Nick DeBar Public Works Director Attachments: Resolution 7519 Notice of Boulevard Option sent to affected homeowners on Edgewood Drive RESOLUTION 7519 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ADOPTING ENHANCED DESIGN OPTIONS FOR EDGEWOOD DRIVE RECONSTRUCTION WHEREAS, a Streets and Utilities Committee was established through Resolution 7223 on February 11, 2008 to oversee the implementation of the Street and Utility Improvement Program, including advising and providing recommendations to the City Council on design issues encountered during the Program; and WHEREAS, the City Council has adopted a non-standard street design configuration for Edgewood Drive located in Area C of the Street and Utility Improvement Program through Resolution 7501; and WHEREAS, the Streets and Utility Committee has reviewed and recommended enhanced design options relating to chokers/bump-outs, crosswalks, turn lanes, school zone signing, and concrete sidewalk placement for Edgewood Drive in Area C of the Street and Utility Improvement Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. A 6.5-foot concrete sidewalk will be constructed on the east side of Edgewood Drive between County Road H and H2. A 5-foot wide turf/grass boulevard will be constructed between the easterly back of curb and nearest edge of sidewalk in front of house numbers 5200 to 5292 between Woodale Drive north to approximately 350 feet south of County Road H2. The concrete sidewalk will be located directly behind the back of curb in all other locations on Edgewood Drive in Area C between County Roads H and H2. 2. Crosswalks with signage will be constructed across County Roads H and H2 and across Edgewood Drive at Edgewood MS mid-block crossing (aligned with 10-foot easement) and at Woodale Drive, Ridge Lane, and Clearview Avenue intersections. 3. Separate designated left and right turn lanes will be constructed on southbound Edgewood Drive at its intersection with County Road H. 4. Staff is directed to pursue the construction of a 20 mph school zone signing on Edgewood Drive between County Road H and Woodale Drive. 5. No chokers will be constructed as part of the Street and Utility Project – Area B/C on Edgewood Drive. Adopted this 26th day of October, 2009. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (SEAL) N O T I C E T O P R O P E R T Y O W N E R S REGARDING PROPOSED SIDEWALK LOCATION ON EDGEWOOD DRIVE The Mounds View City Council will be discussing the location for constructing a concrete sidewalk in front of your property at their regular meeting at 7:00 p.m. on Monday - October 26, 2009 in the Council Chambers at City Hall (2401 Highway 10). A 6-1/2 foot concrete sidewalk will be constructed on the east side of Edgewood Drive as part of the Streets and Utilities Improvement Project scheduled for next year. The Streets and Utilities Committee has made a recommendation to have a 5-foot wide grass boulevard between the back of curb and sidewalk edge from Woodale Drive to County Road H2 (house numbers 5200-5292). An example of a 5-foot wide grass boulevard is shown below (Bronson Drive). This grass boulevard option is being considered for the following reasons: • Provides room for mailboxes, traffic signs, garbage/recycling containers, snow storage, and future streetlights and/or boulevard trees. • Prevents sidewalk from undulating (rising and falling) at driveway crossings, whereby decreasing tripping hazards and City liability with ADA regulations. • Safety - provides more separation between moving vehicles and pedestrians. Example of grass boulevard (Bronson Dr.) If a grass boulevard option is approved, the sidewalk will be moved approximately 4 to 5 feet closer to your house than the non-boulevard option. However, with the grass boulevard option, the proposed street will be shifted approximately 1 to 2 feet further away from your house than with the non-boulevard option. In either case, all sidewalk will be located entirely within City right-of-way (property) and no trees will be removed. **For further information or questions, please contact the Mounds View Public Works Department at (763) 717-4050 or e-mail at public.works@ci.mounds-view.mn.us City of Mounds View Certify 2009 Payable 2010 Resolution 7515 59201008 One year assessments Originally Admin.Amt. Due Name Address PID# Due Fee w/Admin fee TIFFANY KARG 2512 COUNTY ROAD H2 08-30-23-32-0061 150.00 35.00 185.00 Item No: 7.K Meeting Date: October 26, 2009 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7515 Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines A public hearing is not required by charter for administrative offense fines, notice must be sent 30 days prior to certification by first class mail. Notice was mailed to the affected property owner on September 25th. The property owner may pay the amount due by 4:30 P.M. on Monday, October 26, 2009 in order to avoid the $35.00 administrative fee. The owner may prepay the assessment between October 27, 2009 and November 26, 2009 without paying additional interest. After that, interest at the rate of 5.50% will accrue from October 26, 2009 through the payment date. This interest rate and administrative fee were set by the City Council in Resolution 7135. On or after November 26, 2009, we will forward the assessment roll to Ramsey County for collection with the 2010 property taxes. Respectfully submitted, ___________________________ Mark Beer RESOLUTION NO. 7515 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines WHEREAS, pursuant to proper notice given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for unpaid administrative offense fines. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that: 1. Such proposed assessment roll, a copy of which is attached hereto and made a part hereof, is accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefited by the unpaid administrative offense fine in the amount of the assessment levied against it. 2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 2010, in one annual installment with interest thereon at five and one half (5.5) percent per annum, and shall bear interest on the entire assessment from October 26, 2009 through December 31, 2010. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment, with interest from the date of adoption of this resolution through the date of payment, such payment must be made before November 26th, or interest will be charged through December of the succeeding year. 4. The City Clerk-Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted this 26th Day of October 2009. ______________________________ Joe Flaherty, Mayor (ATTEST) ______________________________ Jim Ericson, City Clerk - Administrator (SEAL) Item No: 7H Meeting Date: October 26, 2009 Type of Business: Council Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Steinmetz, Economic Development Specialist Item Title/Subject: Resolution 7517, Approving “See for Yourself” as the New Tagline for the City of Mounds View Background In May 2009, after the Mounds View Economic Development Authority (EDA) reviewed 35 tagline ideas created by Risdall Marketing Group and City staff, the City decided to solicit more tagline ideas from the public. From July to September 2009, community members submitted 82 ideas to the City. Of the 117 total tagline ideas, the EDA chose "See for Yourself" at the October 12, 2009 EDA meeting as the new tagline for Mounds View. Discussion The City Council formally unveiled the new City logo to the public at the April 25, 2009 Town Hall Meeting. As such, the City Council may wish to unveil the new City tagline to the public per the attached resolution. The selection of the tagline "See for Yourself" by the EDA on October 12, 2009 was the culmination of many months of coordinated effort to find a slogan or catchphrase that would capture the essence of the City in just a few words. Subsequent to the EDA's tagline selection, staff conducted an Internet search to ascertain whether anyone else is using the tagline "See for Yourself.” While it was not an exhaustive search, staff did find that the State of New Jersey has a very similar tagline, "Come See for Yourself.” The attached article describes New Jersey's process in selecting their tagline, which they did in 2006. Last Wednesday, the Star Tribune ran the attached article highlighting Mounds View’s process and revealing the "See for Yourself" tagline as supported by the EDA. Subsequent to the Star Tribune article, staff has fielded phone calls and e-mails from residents who have expressed a less-than-positive reaction to the tagline. Attached are three of those e-mails. Some have argued the tagline does not represent Mounds View and does nothing to describe Mounds View or its values. The Council may want to consider the public’s comments before formally adopting the new tagline. Recommendation The City Council should make their tagline decision per resolution. As such, I have attached Resolution 7517 for the Council's consideration. If the Council believes the EDA's proposed tagline does in fact adequately succeed in capturing the essence and character of the City, then the Council should adopt the resolution. Because adopting a new tagline is not a time-sensitive action, the Council is under no obligation to move immediately forward with an approval. This is especially true if the Council desires to receive additional feedback from the public about the proposed tagline. Oct. 26, 2009 City Council Meeting Item 7H – Tagline Page 2 of 2 Respectfully submitted, ____________________________ Heidi Steinmetz, Economic Development Specialist Attachments 1. Resolution 7517 2. “New N.J. slogan: ‘Come see for yourself’, USA Today, January 13, 2006 3. “Mounds View ready to reveal renewed identity ‘See for yourself’ is the odds-on favorite to become the city's new slogan”, Star Tribune, October 21, 2009 4. Three e-mails from community members providing feedback on “See for Yourself” Item No: 08A Meeting Date: October 26, 2009 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Community Development Technician Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. Both contractor licenses will expire on December 31, 2009. Both applicants have submitted appropriate fees and proof of insurance. These companies are “renewals”, which means they were licensed last year. The type of license they are applying for follows the company name. NFS Mechanical dba Aabbott Ferraro HVAC Renewal St. Marie Sheet Metal, Inc. HVAC Renewal Recommendation: Approve license applications as requested. Corrections made by Councilmember Stigeny, Councilmember Mueller, Clerk -Administrator Ericson, Community Development Director Roberts, Finance Director Beer, and Assistant City Clerk -Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 September 28, 2009 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:07 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE LED BY PINEWOOD ELEMENTARY STUDENTS 14 15 At the request of Mayor Flaherty, several Pinewood Elementary students introduced themselves. 16 17 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 18 19 NOT PRESENT: None. 20 21 4. APPROVAL OF AGENDA 22 A. Monday, September 28, 2009, City Council Agenda. 23 24 MOTION/SECOND: Gunn/Mueller. To Approve the Monday, September 28, 2009, agenda as 25 presented. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 5. PUBLIC INPUT 30 31 None. 32 33 6. SPECIAL ORDER OF BUSINESS 34 A. Rick Wriskey – Resolution of Appreciation and Outstanding Service Award. 35 36 Mayor Flaherty read in full a Resolution of Appreciation and presented Rick Wriskey with an 37 Outstanding Service Award recognizing his 28 years of service to the City of Mounds View as 38 the City Forester. 39 40 Pinewood Elementary School students presented statements thanking Mr. Wriskey for his work 41 to plant trees at their School and commitment to conservation programs. 42 43 Mounds View City Council September 28, 2009 Regular Meeting Page 2 Cindy Palm, representing the Park, Recreation, and Forestry Commission, thanked Mr. Wriskey 1 for his service and advised that a tree will be planted in a park of Mr. Wriskey’s choice in his 2 honor. 3 4 Mr. Wriskey stated his thanks to Arbor Day volunteers and the many Mounds View residents and 5 community groups who have volunteered. 6 7 Mayor Flaherty and the Council extended their best wishes to Mr. Wriskey on his retirement. 8 9 7. COUNCIL BUSINESS 10 A. 7:05 p.m. Public Hearing for the Second Reading and Adoption of Ordinance 11 828, Amending the Zoning Code about Accessory Buildings. 12 13 Planning Associate Heller reviewed revisions made and presented staff’s recommendation to 14 approve second reading and adopt Ordinance 828 that amends the Zoning Code related to the 15 definition of building height, roof pitch, accessory building separation distance, materials, and 16 exterior design. 17 18 Mayor Flaherty opened the public hearing at 7:18 p.m. Hearing no public input, Mayor Flaherty 19 closed the public hearing at 7:18 p.m. 20 21 Council Member Muller asked about the measurement of the building height. Planning 22 Associate Heller explained how the building height would now be measured to the peak of the 23 building, which is easier for residents to understand. 24 25 MOTION/SECOND: Mueller/Stigney. To Waive the Second Reading and Adopt Ordinance 26 828, Amending Chapters 1102, 1104, and 1106 of the Mounds View Zoning Code about the 27 definition of building height and about various code provisions about accessory buildings 28 including height, required accessory building separation distance, materials, and exterior design, 29 and authorize publication of an ordinance summary in the official City newspaper in accordance 30 with City Charter Section 3.07. 31 32 ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 B. 7:10 p.m. Public Hearing for the Second Reading and Adoption of Ordinance 37 832, Amending the Zoning Code by Adding Daycares as an Allowed 38 Accessory Use in Public and Semi-Public Buildings. 39 40 Planning Associate Heller presented staff’s recommendation to approve second reading and 41 adopt Ordinance 832 that amends Chapters 1102 and 1106 of the Zoning Code to allow child and 42 adult day care centers as accessory or secondary use in R-1 zoning districts. 43 44 45 Mounds View City Council September 28, 2009 Regular Meeting Page 3 Mayor Flaherty opened the public hearing at 7:22 p.m. Hearing no public input, Mayor Flaherty 1 closed the public hearing at 7:22 p.m. 2 3 MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 832, 4 Amending Chapters 1102 and 1106 of the Mounds View Zoning Code to allow child and adult 5 daycare centers as an accessory or secondary use in R-1 zoning districts in public or semi-public 6 recreational buildings and neighborhood or community centers, public and private educational 7 institutions limited to elementary, junior high, and senior high schools and religious institutions, 8 such as churches, temples, and synagogues, and authorize publication of an ordinance summary 9 in the official City newspaper in accordance with City Charter Section 3.07. 10 11 ROLL CALL: Gunn/Mueller/Hull/Stigney/Flaherty 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 C. Second Reading of Ordinance 834, Amending Chapter 504 of the City Code 16 about Transient Merchants, Peddlers and Solicitors. 17 18 Clerk-Administrator Ericson presented the revisions made to the draft ordinance to be consistent 19 with Minnesota Statutes and court rulings pertaining to constitutional “free speech” issues. Staff 20 recommends approval of second reading, adoption of Ordinance 834, and publication by 21 ordinance summary. 22 23 Mayor Flaherty opened the public hearing at 7:26 p.m. Hearing no public input, Mayor Flaherty 24 closed the public hearing at 7:26 p.m. 25 26 Council Member Muller referenced Page 7, Subdivision 4, and noted that if a permit is revoked, 27 application cannot be made for a replacement permit for six months. In addition, an appeal 28 process is available. 29 30 MOTION/SECOND: Stigney/Mueller. To Waive the Second Reading and Adopt Ordinance 31 834, Amending Title 500, Chapter 504, of the Mounds View City Code regulating peddlers, 32 solicitors, transient merchants, non-commercial door to door advocates, and similarly situated 33 persons, and authorize publication of an ordinance summary in the official City newspaper in 34 accordance with City Charter Section 3.07. 35 36 Mayor Flaherty asked if a permit is needed for a high school football player to sell raffle tickets 37 door-to-door. Clerk-Administrator Ericson stated the school would contact and inform the City 38 if students will be going door-to-door. However, in the case of a solicitor, a peddler’s permit is 39 needed and the solicitor must have the permit in his/her possession when soliciting. In the case 40 of a politician going door-to-door, a permit and registration are not needed. 41 42 Council Member Gunn asked about the delivery of Avon catalogues. Attorney Riggs stated the 43 ordinance is as comprehensive as possible but there may be situations where something does not 44 fit. Dropping off catalogs and soliciting sales, such as with Avon, would require registration and 45 Mounds View City Council September 28, 2009 Regular Meeting Page 4 permit. In the case of a Schwan’s truck and sales, registration and permit are not required. 1 2 Council Member Stigney asked if distributing a flyer or door hanger is not allowed without a 3 permit. Attorney Riggs stated that is allowed; however, a catalogue for sales requires a permit. 4 Council Member Stigney asked about a pre-solicitor who is scheduling sales/quote appointments. 5 Attorney Riggs stated if that activity fits the definition that it leads to a sale, registration and 6 permit are required. 7 8 ROLL CALL: Hull/Gunn/Stigney/Mueller/Flaherty 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 D. Resolution 7493, Adopting a Special Assessment Levy for Private 13 Improvements in Area A of the Street and Utility Improvement Program. 14 15 Finance Director Beer explained that property owners were offered the opportunity to have 16 private improvements completed as part of the Area A street project. Amounts not paid by 17 October 28, 2009, will be forwarded to Ramsey County for collection with the 2010 property 18 taxes, along with a $35 administrative fee and interest at a rate of 5.50% accrued from September 19 28, 2009. It was noted that these improvements were within the property right-of-way. 20 21 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7493, 22 Adopting a Special Assessment Levy for Private Improvements in Area A of the Street and 23 Utility Improvement Program. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 E. Introduction and First Reading of Ordinance 836, Vacating a Sanitary Sewer 28 Easement at 2200 County Highway 10. 29 30 Planning Associate Heller presented the application of Dan Hall for the vacation of a sanitary 31 sewer easement that has never been used and staff’s recommendation for approval. She advised 32 the hotel has been sold and the buyer’s attorney has requested vacation of this easement. 33 34 MOTION/SECOND: Gunn/Mueller. To Waive the First Reading and Introduce Ordinance 836, 35 Authorizing a Vacation of a Sanitary Sewer Easement on the Mermaid property, located at 2200 36 County Highway 10. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 F. Resolution 7501, Adopting Non-Standard Street Design for Edgewood Drive. 41 42 Public Works Director DeBar reviewed the past meetings held to discuss the design for 43 Edgewood Drive and described the current configuration and traffic volumes. He presented the 44 three viable options considered, discussions held with residents and school staff, and Streets and 45 Mounds View City Council September 28, 2009 Regular Meeting Page 5 Utilities Committee’s recommendation for a non-standard street design configuration for 1 Edgewood Drive between County Road H and H2 identified as Option 3. 2 3 Ken Glidden, 5240 Edgewood Drive, thanked staff and the Streets and Utilities Committee for 4 the time taken to discuss this matter and encouraged the Council to approve recommended 5 Option 3. 6 7 Dave Warwick, 5081 Edgewood Drive, stated his property is impacted by increased school traffic 8 and he believes Option 3 is the best option for the residents, school, and student safety. 9 10 Mayor Flaherty asked residents about parking on Edgewood Drive and sight lines when backing 11 out of their driveway. 12 13 Mr. Warwick stated he does not recall there ever being a safety issue with backing out of 14 driveways. However, there were past parking issues related to no parking on the west side when 15 Edgewood School was used as a Community Center, and residents wanted to force parking to the 16 other side. More recently, the school felt there was a safety issue and requested parking on the 17 east side of the street during school hours. Residents are allowed to park on the east side during 18 the summer and when school is not in session. 19 20 Mr. Glidden stated there is a parking issue at the school and residual area of no parking north of 21 the school in the area that he lives. He explained this area is posted with “No Parking” signs and 22 if the signs are not needed, he would prefer the signs be removed. 23 24 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7501, Non-25 Standard Street Design Configuration for Edgewood Drive, utilizing recommended Option 3. 26 27 Council Member Muller thanked the Streets and Utilities Committee and residents for their work 28 on this matter. She noted that Option 3 is the most expensive but felt to be the safest design. 29 Council Member Muller stated she has faith this is the correct decision for Edgewood Drive. 30 31 Mayor Flaherty congratulated the Streets and Utilities Committee for working with residents 32 while formulating its recommendation. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 G. Resolution 7504, Authorizing Preliminary Surveying Services for Area D of 37 the Street and Utility Improvement Program. 38 39 Joe Rhein, Consulting Engineer, described the Street and Utility Improvement Program and 40 improvements made to Areas A, B, and C. He presented staff’s recommendation to authorize 41 preliminary surveying for Area D, which is to be constructed in 2011. Mr. Rhein advised the 42 preliminary survey is estimated to cost $30,000 and if approved, would take place in October, 43 2009. He used a map to describe the location of Area D that contained 2.3 miles of streets and 44 recommended the City proceed with this single area. 45 Mounds View City Council September 28, 2009 Regular Meeting Page 6 1 Council Member Muller asked if there would be a savings to combine the survey for Areas D and 2 F. Mr. Rhein advised that survey work is billed by the hour so there is no economy of scale. 3 Finance Director Beer advised against accelerating Area F due to financing; however, towards 4 the end of the program the Council may consider blending Areas G and H into one project. 5 6 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7504, 7 Authorizing Preliminary Surveying Services for Area D of the Street and Utility Improvement 8 Program. 9 10 Mayor Flaherty reviewed the streets included in Area D and encouraged residents to become 11 involved. Mr. Rhein advised of the work that would be conducted to complete the survey and 12 that a neighborhood meeting will be scheduled in March or early spring of 2010. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 H. Set an Executive Session of the City Council to Review Labor Contract 17 Negotiations Upon Conclusion of the Regular Council Meeting. 18 19 Mayor Flaherty announced that at the conclusion of the agenda, the Council would recess into 20 Closed Executive Session to discuss labor contract negotiations. At the end of the Closed 21 Executive Session, the Council would be reconvened and adjourn. 22 23 Council Member Stigney left the Chambers at 8:16 p.m. 24 25 8. CONSENT AGENDA 26 A. Licenses for Approval. 27 B. Set a Public Hearing for 7:05 p.m., Monday, October 12, 2009, to Consider 28 Special Assessments for Delinquent Utility Payments. 29 C. Set a Public Hearing for 7:10 p.m., Monday, October 12, 2009, to Consider 30 Special Assessments for Unpaid Administrative Offense Fines, Diseased 31 Trees, and unpaid Property Abatement Charges. 32 D. Set a Public Hearing for 7:15 p.m., Monday, October 12, 2009, for the 33 Second Reading and Adoption of Ordinance 836, Vacating a Sanitary Sewer 34 Easement at County Highway 10 and County Road H. 35 E. Resolution 7502, Authorizing a Transfer of Ownership for a Cigarette and 36 Tobacco License for Tobacco View, located at 2539 County Highway 10. 37 38 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as Presented. 39 40 Ayes – 4 Nays – 0 Motion carried. 41 42 Council Member Stigney returned to the Chambers at 8:18 p.m. 43 44 9. JUST AND CORRECT CLAIMS 45 Mounds View City Council September 28, 2009 Regular Meeting Page 7 1 Council Member Muller referenced Page 4, NW Family YMCA, and asked about the period of 2 time it covered. Finance Director Beer advised it was for the fourth quarter. 3 4 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 10. APPROVAL OF MINUTES 9 10 None. 11 12 11. REPORTS 13 A. Reports of Mayor and Council. 14 15 Council Member Stigney suggested staff investigate the opportunity to include a tag line on the 16 Community Sign. The Council concurred. 17 18 Council Member Muller reported on her attendance at “Music of the Knight” at Irondale High 19 School, a marching band competition that showcased bands from the midwest. She commented 20 on the retirement party of Mr. Wriskey and thanked him for his 28 years of service to Mounds 21 View that also resulted in being designated a Tree City USA. 22 23 Clerk-Administrator Ericson reported on the topics discussed at the five cities Mayor’s meeting. 24 25 Clerk-Administrator Ericson commented on the retirement party of Mr. Wriskey and how 26 fortunate Mounds View was to have this incredible employee for 28 years. 27 28 B. Reports of Staff. 29 1. Liquor License Update – Moe’s 30 31 Assistant Clerk-Administrator Crane reviewed that on June 8, 2009, during consideration of 32 Moe’s liquor license, the Council accepted the property tax payment plan submitted by Jeff 33 Moritko, owner of Moe’s. However, Mr. Moritko has not fulfilled that plan to pay property taxes 34 in full by October 1, 2009. Mr. Moritko has submitted a new payment plan indicating that 35 payments would be made to bring taxes current by May 1, 2010. In addition, Moe’s is delinquent 36 in its liquor sales taxes with the Minnesota Department of Revenue. Assistant Clerk-37 Administrator Crane reviewed the options available for the Council’s consideration and Code 38 requirements that clearly state no intoxicating liquor license shall be issued on any premises on 39 which taxes, assessments, utility bills, or other financial claims of the municipality are delinquent 40 or unpaid. 41 42 Council Member Muller referenced the seven-page listing of properties delinquent in payment of 43 State liquor sales tax that included two other properties in Mounds View. She asked if Ramsey 44 County had approved this payment plan. Assistant Clerk-Administrator Crane stated Ramsey 45 Mounds View City Council September 28, 2009 Regular Meeting Page 8 County had not seen the payment plan. Council Member Muller stated her concern about the 1 ability of Moe’s to make tax payments without the ability to sell liquor. 2 3 Council Member Gunn concurred and noted the Council had approved time extensions for 4 another Mounds View business to allow them a chance. She stated she is willing to consider one 5 more extension for Moe’s but it would be the last chance she would consider. 6 7 Council Member Stigney stated he felt an extension should only be allowed to January 1, 2010, 8 to see if payments had been made as identified in the payment plan. 9 10 Council Member Hull stated that given the difficult economic times, he is willing to consider an 11 extension. He noted Mr. Moritko has indicated he would submit records showing payments 12 made to May 1, 2010 so the City can be assured money is being set aside. 13 14 Mayor Flaherty stated he assumed Mr. Moritko would follow the first payment plan but that did 15 not happen. He indicated an extension to February 1 or March 1, 2010, may be appropriate. 16 17 Clerk-Administrator Ericson stated staff is requesting direction for Council action on October 12, 18 2009. 19 20 Council Member Muller requested a legal opinion. Attorney Riggs advised the State’s Statutes 21 and the City’s Code are clear and it is not precedence setting in itself since the Council had given 22 similar considerations in the past to other businesses. Council Member Muller asked whether 23 Mr. Moritko had been responsive to letters sent. Clerk-Administrator Crane stated she did not 24 receive follow-up telephone calls but received an e-mail today. 25 26 Council consensus was reached to consider only one more extension and to invite Mr. Moritko to 27 the October 12, 2009, meeting. Council consensus was also reached to direct staff to send 28 notification to The Mermaid about liquor sales tax and utility delinquencies and the amount to be 29 certified for collection with the 2010 taxes. 30 31 C. Reports of City Attorney. 32 33 Noted. 34 35 12. Next Council Work Session: Monday, October 5, 2009, at 7:00 p.m. 36 Next Council Meeting: Monday, October 12, 2009, at 7:00 p.m. 37 38 13. RECESS TO EXECUTIVE SESSION 39 40 MOTION/SECOND: Mueller/Stigney. To Recess to Executive Session to review labor contract 41 negotiations. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council September 28, 2009 Regular Meeting Page 9 The Mayor recessed the meeting at 8:48 p.m. 1 2 The City Council Meeting adjourned from the Executive Session at 11:12 p.m. 3 4 Transcribed by: Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5 Item No: 11B3 Meeting Date: Oct. 26, 2009 Type of Business: Reports of Staff Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Steinmetz, Economic Development Specialist Item Title/Subject: Electronic Message Sign Designs Background In Mounds View, one of the most visible signs is City Hall’s electronic message sign on County Highway 10 (about 21,600 cars a day travel past the sign on County Highway 10). On October 12, 2009, the Mounds View EDA approved the attached Resolution (09-EDA- 253) Authorizing JDI Signs & Graphics to Replace the Panels on the Electronic Message Sign Located at City Hall. The purpose of replacing the panels is to update the sign with Mounds View’s new logo. Discussion On October 12th, the EDA asked to review additional design renderings for updating the sign. The EDA discussed replacing the words “Community Center” with “Police” on the sign because the Police Department is located in City Hall whereas the Community Center is located across the street from City Hall on Edgewood Drive. Attached are nine new renderings of the sign (three images each of the sign painted tan, off-white/cream and green). The images contain the logo either centered or left aligned. City staff prefers the below pictured rendering (#6), which is off-white/cream in color with the full-color logo left aligned and the words “City Hall & Police” right aligned. If the Council chooses this rendering, staff would suggest that JDI Signs & Graphics increase the right- hand margin. 10-26-09 City Council Meeting Item 11B3 – Electronic Message Sign Designs Page 2 of 2 Recommendation Staff recommends that the City Council chose design #6 for the electronic message sign located on County Highway 10. JDI Signs & Graphics will update the sign this fall if there are enough 50 degree days to complete the work. If not, JDI will update the sign in spring 2010. Respectfully submitted, ___________________________ Heidi Steinmetz, Economic Development Specialist Attachments 1. Resolution 09-EDA-253 2. Nine Design Renderings from JDI Signs & Graphics Item No: 11B4 Meeting Date: October 26, 2009 Type of Business: Reports Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Public Works Project Updates 2009/2010 Street and Utility Improvement Project – Area A: Although the weather the last couple of weeks has deterred any meaningful construction, the summer of 2009 will be remembered as a tremendously good year for weather, and good weather is a catalyst for road construction. Work in all phased areas is mostly complete with exception to Red Oak Drive. This is the last remaining road in the project that needs a final wearing course of asphalt. Restoration is substantially complete on all streets (except Red Oak Drive north of Sherwood) including resuming of mail service. Overall, the work is approximately 90% complete. Keep in mind that Area A was planned to have major construction over two summers. There will be some miscellaneous restoration and repair on Area A next year, and the City has a 2-year warranty/guarantee on all work. We’ve learned a lot from Area A that will be useful in design and construction of future areas. 2010 Street and Utility Improvement Project – Area B/C: Final design and preparation of plans/specifications for streets in Area B and C are currently in high gear. Bonestroo expects to have bidding documents (plans/specs) ready in the next couple of months and we are still on track for a February bid opening. Plans will be sent to Rice Creek Watershed District in December for review and approval at their January meeting. City staff is coordinating Edgewood Drive design elements with Edgewood Middle School (EWMS), including the possibility of including their bus turnaround/visitor parking improvements as part of our project. This would be similar to the agreement with Silver Lake Woods in Area A and EWMS would be responsible for all costs associated with their improvements. EWMS has also asked the City to assist them with several rain gardens. City staff will be meeting with EWMS staff in the next couple of weeks to coordinate. Street and Utility Improvement Project – Area D: The City Council authorized Bonestroo to perform the preliminary survey in Area D. Bonestroo is anticipating beginning the survey work the week of October 19, 2009. Notices were sent to property owners in Area D to notify them of the activities that will be taking place in their neighborhoods with the survey. Construction for Area D is anticipated to occur in 2011. County Road 10 Trail Segments 1-5: Work for the bike trail along the north boulevard of County Road 10 has also been hampered by lousy weather the last couple of weeks. Currently, most utility work and pavement excavation and base construction is complete. Work for lighting is advancing and should be operational before winter kicks in. Paving operations will depend upon weather; however, the contractors (and City) are hopeful that the trail will be paved by early November. Backstop Fencing Improvements for Ball Fields at Groveland, Hillview, Silver View, and CH Parks: Fencing improvements as approved and authorized for construction by the City Council will begin construction in the next week or two. Public Works is finalizing the construction agreement with the successful bidder, Century Fence Company of Forest Lake. Work is anticipated to be completed before winter, or at worst, early next spring before the baseball season begins. Public Works Project Updates October 26, 2009 Page 2 Parking Lot Lighting Improvements at Silver View Park: The construction of two additional parking lot light fixtures at Silver View Park is currently being coordinated with Xcel Energy. Xcel will furnish, install, and maintain the light fixtures and in return, the City pays for energy usage associated with those lights (estimated around $66 per month). Most street lights in Mounds View are operating under these agreements with Xcel. The City is required to cover any costs associated with supplying power to those light fixtures, which totals $2,064 for the pair of lights being installed at Silver View Park. These costs will be covered by Bethlehem Baptist Church from their donation in August 2009 tagged for this use. Parking Lot Lighting Improvements at Random Park: Public Works staff is evaluating the best way to provide lighting for the parking lot at Random Park. Staff is scheduled to meet with an electrician to investigate adding a fixture on the building to address the lighting needs of the parking lot. If lighting from the building is inadequate, staff will pursue a pole mounted light fixture in the lot (by Xcel or City-owned). The Parks and Recreation and Forestry Commission recommended that construction for this lighting not exceed $2,000 and be funded by the Park Dedication Fund. New Maintenance Standards for Traffic Sign Reflectivity: New mandates from the Federal Highway Administration (FHWA) are been adopted relating to new traffic sign reflectivity standards. The City is required by Federal law to establish and implement a sign assessment or management method to maintain minimum levels of sign reflectivity by January 2012. Compliance for regulatory, warning, and ground-mounted guide signs is January 2015 and compliance for overhead guide signs and street name signs is January 2018. City staff has been evaluating all traffic signs in areas included in the Streets and Utilities Improvement Program. However, a more formal sign management plan will be developed to inventory and assess all City-owned traffic and street signs, including the systematic on-going periodic assessment, maintenance, and replacement of these signs. City Forestry Update: Rick Whiskey’s last day as City Forester was September 30, 2009. This position was a shared expense between New Brighton and Mounds View through a Joint Powers Agreement established in 1981. Staff from both cities have expressed interest in continuing the agreement and have placed the agreement “on-hold” until a new City Forester is hired or six months from Rick’s departure, whichever occurs first. Under the current agreement, the City Forester spends 1-1/2 days, or 30% of his time, on Mounds View’s forestry needs. Mounds View’s cost for this position is pro-rated to this amount. If the City Forester is to be rehired by New Brighton, it’s expected that this position will be filled by April 2010. In the interim, each city has been on their own with any forestry needs. The Public Works Department has taken on the city forestry services on behalf of Mounds View during this time. Some of these tasks have/will include the following: • Re-inspecting diseased oaks marked for removal (deadline is November 1); • Trimming trees in parks and right-of-way; • Contracting for trimming services (bucket truck and chipper); • Applying for Tree City USA Recertification; • Coordination for the spring tree sale; and • Initiating plans to deal with Emerald Ash Borer. Respectfully submitted, Nick DeBar - Public Works Director 359163v2 SJR MU125-11 Kennedy 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: October 22, 2009 To: Jim Ericson, City Clerk-Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters, etc. Review flag law questions. Consult with City staff. MU125-65: Licensing Matters. Review and prepare revisions to the peddlers, solicitors, transient merchant ordinance. Consult with City staff regarding same and adoption of peddler ordinance. Review and research questions regarding the liquor ordinance. Consult with City staff regarding same. Consult with City staff regarding peddler issues. Legal research regarding temporary intoxicating liquor licenses and caterer's permits. Review City Code regarding same. Consult with City staff regarding revisions to City Code. Legal research regarding revocation of liquor license for nonpayment of fees and taxes. Consult with City staff regarding same. Matters are presently pending. MU210-26: The Mermaid. The closing for this matter was held Wednesday, July 22, 2009. Waiting to receive fully-executed and recorded documents from the Closer. Matter is presently pending. MU210-35: Mounds View Community Center. Legal research regarding dram shop/liquor liability issues at the Event Center. Consult with City staff regarding same. Review and revise Lease Agreement and Management Agreement.. Consult with City staff. Matter is presently pending. Mr. Jim Ericson October 22, 2009 Page 2 359163v2 SJR MU125-11 MU210-43: Silver Lake Woods Association. Review Street Transfer Agreement and Petition and Waiver Agreement regarding property to be assessed. Consult with attorney for Association and City staff regarding apportionment of assessment issue. Matter is presently pending. MU210-161: 5117 Rainbow. Review recent correspondence concerning matter. Matter has been tendered to the League. Matter is presently pending. MU210-185: GM/Saturn Bankruptcy. Review bankruptcy documents. Consult with City staff. Matter is presently pending. MU210-186: 7405 Spring Lake Road. Review documents. Consult with City staff. Matter is presently pending. SJR:jms