Loading...
HomeMy WebLinkAboutAgenda Packets - 2008/10/27CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, October 27, 2008 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 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. First Reading and Introduction of Ordinance 804, an Ordinance Amending Title 1300, Flood Control Regulations, by Adding a New Chapter 1303 Entitled Construction Site and Land Disturbance Runoff Controls B. Approvals for the Select Senior Living Development: 1. Consideration of Resolution 7347, Approving a Final Plat and Development Agreement 2. Second Reading and Adoption of Ordinance 813, Rezoning 2865 County Highway 10 and 7980 & 8020 Groveland Road C. Resolution 7348, Approving the Red Oak Drive Lane Configuration D. Resolution 7349, Approving the Intersection Design of Laport Drive and Edgewood Drive 8. CONSENT AGENDA A. Licenses for Approval 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Quarterly Report – Finance 2. Quarterly Report – Police C. Reports of City Attorney 12. Next Council Work Session: November 3, 2008 at 7:00 p.m. Next Council Meeting: November 10, 2008 at 7:00 p.m. DEVELOPERS AGREEMENT by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation, and MOUNDS VIEW SELECT PROPERTIES, L.L.C., a Minnesota Limited Liability Company This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 2 DEVELOPMENT AGREEMENT THIS AGREEMENT is made this ________ day of __________, 2008, by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the “City”), and MOUNDS VIEW SELECT PROPERTIES, L.L.C., a Minnesota Limited Liability Company, (the “Developer”). Recitals A. The Developer is the fee owner of certain real estate located in Ramsey County, Minnesota, legally described as 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 06-30-23-31-0030) 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 06-30-23-31-0029) 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 06-30-23-31-0028) (hereinafter referred to as the “Property”). B. The Developer shall construct on the Property improvements consistent with the final site plans date-stamped September 18, 2008, and approved by the City Council on September 22, 2008. C. The Developer has requested that the City approve a major subdivision for the property. D. As a prerequisite to the approval of the subdivision, the City Council requires the Developer to agree to the construction of certain improvements pursuant to this Agreement for the orderly development of the Property. E. The Developer is financially responsible for the construction and installation costs of certain utilities and roadway, as required by City ordinance, referred to as the “Improvements”. 3 Agreement In consideration of each party’s promises as set forth in this Agreement, it is mutually agreed as follows: ARTICLE ONE REPRESENTATIONS AND WARRANTIES 1.01. City Representations and Warranties. The City makes the following representations as the basis for the undertakings on its part contained herein: A. The City is a municipal corporation under the laws of Minnesota. B. The City has the right, power and authority to execute, deliver and perform its obligations under this Agreement. The City assures the Developer that the individuals who execute this Agreement on behalf of the City are duly authorized to sign the same on behalf of the City and to bind the City thereto. 1.02. Developer Representations and Warranties. The Developer makes the following representations as the basis for the undertakings on its part contained herein: A. The Developer is MOUNDS VIEW SELECT PROPERTIES, L.L.C., a Minnesota Limited Liability Company. B. The Developer has the right, power and authority to execute, deliver and perform its obligations under this Agreement. The Developer assures the City that the individuals who execute this Agreement on behalf of the Developer are duly authorized to sign on behalf of the Developer and to bind the Developer thereto. C. The Developer is not in default under any lease, contract, or agreement to which it is a party or by which it is bound which would affect its performance under this Agreement. The Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment, or decree which would prohibit the execution or performance of this Agreement by the Developer or prohibit any of the transactions provided for in this Agreement. D. The Developer has complied with and will continue to comply with all applicable federal, state and local statutes, laws, ordinances and regulations including, without limitation, any permits, licenses and applicable zoning, environmental, or other laws, ordinances, or regulations affecting the Property or the Improvements. The Developer is not aware of any pending or threatened claim of any such violation. Without limitation of the foregoing, the Developer expressly acknowledges and agrees that it has and shall at all times comply with each and every provision of the City’s subdivision, zoning, and other related municipal code regulations. E. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending or threatened against or affecting the Developer or Property. The Developer is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. F. None of the representations and warranties made by the Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by the 4 5 Developer or on its behalf contains or will contain any untrue statement of material fact or omits any material fact, the omission of which would be misleading. G. The Developer has sufficient funds or has obtained a commitment for financing in an amount adequate to finance construction of the Improvements. 1.03 Incorporation of Recitals and Exhibits. The Recitals set forth in the preamble to this Agreement and the Exhibits attached to this Agreement are incorporated into this Agreement as if fully set forth herein. ARTICLE TWO CONSTRUCTION OF IMPROVEMENTS 2.01. Agreement to Construct Improvements. The Developer agrees to the construction of the Improvements, including the grading, drainage, and other improvements required by City Ordinance for development of the Property. The Improvements are more fully described in the site plans, preliminary plat and specifications approved by the City, (the “Plans”). The Developer or contractor must file a final copy of the Plans with the City before starting the construction of the Improvements. All labor and work performed by the Developer in connection with construction of the Improvements will be done and performed in the best and most worker-like manner and in strict conformance with the Plans. Any deviation from the Plans must be approved in writing by the City. The Developer or contractor shall complete the construction of the Improvements no later than one year from the issuance of the Building Permits required herein. Before initiating construction of the Improvements, the Developer shall hold a pre-construction meeting with the City to review and resolve any issues involving the construction of the Improvements. 2.02 Designation of Improvements. Improvements to be installed at Developer’s expense by the Developer and to be owned and maintained by a property owner after development is completed, as hereinafter provided are hereinafter referred to as “Improvements”. The construction, installation, materials and equipment shall be according to the plans and specifications approved by the City. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. A. The Developer will construct and install at the Developer's expense the following Improvements according to the following terms and conditions: 1. The Developer shall do all site grading including building sites, greenway and open spaces, storm water storage and surface drainage ways, and all private driveways and parking areas including sodding of boulevards, according to the approved grading, drainage, and site plan. The City must approve a grading plan with maximum two (2) foot contours and cross sections as necessary before the Developer or contractor starts site grading. 2. The Developer shall control soil erosion ensuring: 6 a. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures the Developer or contractor will implement during construction. The City shall approve said plan before the start of site grading or construction. b. Erosion and siltation control measures shall be coordinated and installed with the different stages of development. The contractor or Developer shall install appropriate control measures as required by the City before development when necessary to control erosion. c. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provide as construction progresses. The smallest practical area of land shall be exposed at any one period of time. d. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 3. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. The project surveyor shall place iron monuments after the contractor has completed all street and lawn grading in order to preserve the lot markers for future property owners. 4. The Developer or contractor shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading). 5. All yard and boulevard areas must be sodded and landscaped according to the submitted landscaping plans date stamped September 18, 2008. The Developer shall provide evidence that all landscaping is guaranteed for survivability, for two years from the time of planting. 6. The Developer shall remove all structures, dead and diseased trees and all other debris from the site before the City issues building permits, and before the City grants certificates of occupancy. 7. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. The Developer or contractor shall maintain all streets free of debris and soil until the subdivision and project is completed. The City may inspect the site on a periodic basis and determine whether it is necessary to take additional measures to clean dirt and debris from the streets. After 24 hours verbal notice to the Developer, as listed in this agreement, the City will complete or contract to complete the clean up at the Developer’s expense. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. If and when the street becomes impassible, such streets shall be 7 barricaded and closed. In the event residences are occupied before completing streets, driveways or parking areas, the Developer shall maintain a smooth driving surface and adequate drainage on all temporary drive areas. The Developer shall be responsible for any damage to the street incurred during construction. The Developer or contractor shall repair the street to City standards. 8. The Developer shall inspect and if necessary clean all catch basins, sumps, and ponding areas of erosion/siltation and restore them to the original condition at the end of construction within this development. All silt fence and other erosion control should be removed following the establishment of turf. 9. If applicable, the Developer shall work with Xcel Energy and furnish street lights according to the Mounds View City Code Chapter 904, Street Lighting. Street lights in public rights-of-way shall conform to City Code in all respects. 10. The Developer shall dedicate and survey the storm water infiltration area as required by the City. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City before completion of the development. 11. The Developer shall be responsible for securing all necessary approvals and permits from all appropriate Federal, State, Regional, County and local jurisdictions before starting site grading or construction and before the City awarding construction contracts for public utilities. Specifically, before obtaining any building permits or grading permits as required under this Article or otherwise, the Developer shall complete the following requirements: a. Rice Creek Watershed District (RCWD) final approval and permit is required. b. The Developer shall provide the City with a $50,000 form of financial guarantee, as described in section 2.05 to guarantee the construction of the Improvements. c. The Developer shall record with Ramsey County this Agreement and Resolution ________. The Developer shall provide proof to the City of such recordation within 10 days of the recording. d. The Developer shall submit the required park dedication payment of $32,150 and a County Highway 10 Trailway contribution payment of $8,040 to the City before the Mayor and City Clerk-Administrator affix their respective signatures to the approved Final Plat. The Developer further expressly acknowledges and agrees that the Improvements and all easements and other rights in the Property necessary and related to the City’s ownership of the Improvements (all of which shall be described in the plat required by the City’s subdivision regulations), shall inure to the City upon the Developer’s compliance with this Agreement, acceptance by the City of the Improvements, and approval and recording of a final plat as set forth in the City’s subdivision regulations. 8 12. Easements: Before approval of the final plat, and at anytime determined necessary by the City therefore, the Developer shall dedicate to the City, at no cost, all temporary easements necessary for the construction of the Improvements as determined by the City. All such easements required by the City shall be provided on City easement documents, containing such terms and conditions, as the City shall determine. All permanent easements necessary for the installation and maintenance of the Improvements shall be shown on the final plat and be granted to the City upon recordation of said plat. After recordation of said plat, the Developer shall provide on an amended final plat to the City additional easements necessitated by changes to utility or grading design and such easements shall be granted to the City upon recordation of said plat. 2.03. Time for Developer's Performance: General Provision. The Developer agrees that it will commence work on the Improvements no later than 30 days after the date of the City issuing the building permit and shall complete the Improvements no later than twelve (12) months after the date of permit issuance. In the event of a “phased” construction schedule, each phase shall be subject to its own timeline based upon the date of issuance of the building permit. The City may, at its discretion, extend the timeline specified in this Section 2.03 upon receipt of written notice from the Developer of the existence of causes that will delay the completion of the Improvements if such causes are ones over which the Developer has no control and which could not have been reasonably foreseen by the Developer. If the City grants an extension of the date of completion of the Improvements, the Developer must continue the performance bond required by this Agreement to cover the work during the extension of time. 2.04. Additional Work or Materials. Construction of the Improvements shall be done by the Developer. The Improvements shall be constructed at no expense to the City. The Developer shall not do any work or furnish any materials for which reimbursement is expected from the City, unless such work is first ordered and reimbursement is approved by the City. Any work or materials that is done or furnished by the Developer without prior written order is furnished at the Developer’s risk, cost and expense, and the Developer agrees that it will make no claim for compensation for work or materials so done or furnished. 2.05. Financial Guarantee. Prior to commencement of construction of the Improvements, the Developer agrees to furnish the City a performance bond, certified check, certificate of deposit, irrevocable letter of credit from a bank or cash escrow in the amount of $50,000 to guarantee construction of the Improvements and satisfaction of this Agreement (the “Financial Guarantee”), as determined by the Public Works Director or designee. Upon failure of Developer to perform, the City may declare the Developer to be in default under this Agreement and, upon failure of the Developer to cure the default within 30 days of written notice, may demand the Financial Guarantee be paid over to the City. From the proceeds of the Financial Guarantee, the City shall be reimbursed for any attorneys’ fees, engineering fees or other technical, administrative or professional assistance, and the remainder thereof shall be used by the City to complete the Improvements. The Developer shall be liable to the City in the event that the Financial Guarantee is inadequate to reimburse the City for its costs and pay for the completion of the Improvements. The bank and form of Financial Guarantee shall be subject to the approval of the City. The Financial Guarantee shall be automatically renewable until the City releases the Developer from responsibility. The Financial Guarantee shall secure compliance with the terms of this Agreement 9 and all obligations of the Developer under it. The City may draw down on the Financial Guarantee without notice if the obligations of the Developer have not been completed as required by this Agreement. In the event of a default under this Agreement by the Developer, the City shall furnish the Developer with written notice by certified mail of Developer’s default(s) within thirty (30) days of receiving notice provided however if the Developer commences to cure within said thirty days, the time to cure shall be extended for a reasonable time not to exceed 60 days; the City may draw on the Financial Guarantee provided funds are used to complete the Improvements. With City approval, the Financial Guarantee may be reduced from time to time as financial obligations are paid and Developer-installed Improvements completed to the City’s requirements. Upon completion of the Improvements and passage of any required inspections and final acceptance of the Improvements by the City pursuant to this Agreement, absent any default of the Developer, the Financial Guarantee may be terminated. In the event the City does not recover its costs for completing the Improvements under the provisions of this paragraph, as an additional remedy, the City may, at its option, assess the Property in the manner provided by Minnesota Statutes, Chapter 429, and Developer hereby consents to the levy of such special assessments without notice or hearing and waives its rights to appeal such assessments pursuant to Minnesota Statutes, Section 429.081, provided the amount levied, together with the funds deposited with the City under this paragraph, does not exceed the expenses actually incurred by the City in the completion of the Improvements. 2.06. Insurance. The Developer shall furnish proof of liability insurance in an amount of at least $1,000,000, acceptable to the City, covering any public liability or property damage by reason of the operation of the Developer's equipment or laborers in connection with the Improvements. Developer agrees to keep the insurance in force at all times during construction of the Improvements and until acceptance thereof by the City. The insurance must name the City as an additional insured and must provide that the insurer will give the City not less than 30 days written notice prior to cancellation or termination of the insurance policy. 2.07. Unsatisfactory Labor or Material. In the event that the City rejects as defective or unsuitable any material or labor supplied by the Developer regarding the Improvements, the Developer or contractor shall remove and replace the rejected material with approved material. In addition, the rejected labor must be done again to the specifications and approval of the City and at the sole cost and expense of the Developer. 2.08. Final Inspection/Acceptance. Upon completion of the Improvements, representatives of the City and the Developer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City must be satisfied that all work is satisfactorily completed in accordance with the Plans, and the Developer’s engineer shall submit a written statement attesting to the same. The City shall have no obligation to accept the Improvements if they are not consistent with the Plans or not in compliance with all federal, state, local and City ordinances and standards related thereto. Final approval and acceptance of the Improvements shall be by a resolution duly adopted by the City Council of the City. 2.09. Warranty on Property Work and Materials. The Developer warrants all work required to be performed by it under this Agreement regarding the Improvements against defective material and faulty workership for a period of one (1) year after completion and acceptance by the City, except that the warranty period for the drainage and erosion control portions of the Improvements shall be 10 for two (2) years after completion and acceptance by the City. In addition, all trees, grass, sod or other landscaping installed in connection with the Improvements are warranted to be alive, of good quality, and disease free for a period of one (1) year after completion and acceptance by the City. Any replacements of same shall be similarly warranted. The Developer shall be solely responsible for all costs of performing repair and replacement work required by the City and shall perform such work within thirty (30) days of receiving demand for such work from the City, weather permitting. 2.10. Records and Plans. The Developer agrees to provide the City with copies of all bids and change orders, and the names of all suppliers and subcontractors, and other similar information relating to the Improvements to be constructed by the Developer. Upon completion of the Improvements, the Developer shall provide “as built” record plans. These will include two paper copies, one Mylar copy, and an electronic copy. 2.11. Maintenance Bond. Upon completion of the Improvements and prior to acceptance thereof by the City, the Developer shall furnish the City with a three-year maintenance bond to guarantee the Improvements. The maintenance bond shall be in an amount equal to twenty percent (20%) of the financial guarantee. 2.12. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be personally liable or responsible in any manner to the Developer, the Developer’s contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, action, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. The Developer agrees to hold the City, its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys’ fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, chapter 466, or otherwise. 2.13. Compliance with Existing Laws. The Developer warrants that all work performed pursuant to this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations, standards, specifications of regulatory agencies and specifications of the City, and is subject to approval of the City’s Building Official. 2.13. City’s Access. The Developer hereby grants the city, its agents, employees, officers and contractors a non-revocable license to enter the Property to perform all work and inspections deemed appropriate by the City related to said development. 11 ARTICLE THREE ADDITIONAL PROVISIONS 3.01. Property Monumentation. The Developer agrees to provide sufficient property monumentation (temporary), installed by or under the direction of a registered land surveyor, before and during the course of the Improvements to ensure proper layout. The Developer further agrees to install all subdivision monumentation (permanent) within one year from recording of the plat, or the monumentation shall be installed on a per-lot basis at the time a building permit for the subject lot is issued, whichever occurs first. At the end of the one-year period, the Developer shall submit to the City written verification by a registered land surveyor that the surveyor has installed the required monuments throughout the plat or subdivision. 3.02. Payment of City Costs. The Developer agrees to reimburse the City its actual costs for preparing and administering this Agreement, processing the plat and preparing and reviewing an environmental assessment worksheet (EAW) and environmental impact statement (EIS), if required. The costs to be paid shall include, but not be limited to, attorneys’ fees, engineering fees, and other technical or professional assistance, including the work of the City staff. 3.03. Attorney’s Fees. The Developer agrees to pay the City’s costs and expenses, including attorneys’ fees, in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement, and the City is the prevailing party in the suit or action brought by the City against the Developer. 3.04. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties shall constitute the entire agreement between the City and Developer, and supersedes any other written or oral agreements between City and Developer. This Agreement can only be modified in writing signed by City and Developer. The parties acknowledge that amendments or modifications to this Agreement that, in the opinion of the City’s Community Development Director, substantially deviate from the approved site and construction plans or the overall intent or design of the approved senior housing project, shall require approval by the City Council. 3.05. Assignment. The Developer may not assign any of its obligations under this Agreement with- out the prior written consent of the City. 3.06. Agreement to Run with Land. This Agreement shall be recorded among the land records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and its assigns or successors in interest. Notwithstanding the foregoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. 3.07. Representatives Not Individually Liable. No officer, agent or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 12 3.08. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally: (a) as to the Developer: Select Companies Mounds View Select Properties, L.L.C. 12415 – 55th Street North Lake Elmo, MN 55042 (b) as to the City: City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 Attn: City Clerk-Administrator or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section 3.08. 3.09. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Developer. 3.10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 3.11. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 3.12. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be liable or responsible in any manner to the Developer, Developer’s successors or assigns, the Developer’s contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. The Developer, and the Developer’s successors or assigns, agree to protect, defend and save the City, and its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorneys fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the City is entitled under Minnesota Statutes, Chapter 466, or otherwise. 13 3.13. Occupancy Permits. The City will not issue occupancy permits for this project until: A. The Developer or contractor has completed the site grading and it is approved by the City. B. All public utilities are tested, approved by the City, and in service. C. The Developer has paid in full all building permit fees. D. The Developer has installed all required landscaping. The Developer, in executing this Agreement, assumes all liability and costs for damage or delays, incurred by the City, in the construction of public improvements, caused by the Developer, its employees, contractors, subcontractors, materialmen or agents. The City shall not issue occupancy permits until the utilities are in and approved by the City, unless otherwise authorized in writing by the City. 3.14. Miscellaneous Provisions. A. The Developer represents to the City that the development of the Property, the subdivision and the plat comply with all city, county, metropolitan, state and federal laws and regulations including, but not limited to: subdivision ordinances, zoning ordinances and environmental regulations. If the City determines that the subdivision or the plat or the development of the Property does not comply, the City may, at its option, refuse to allow construction or development work on the Property until the Developer does comply. Upon the City’s demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. Wherever possible, each provision of this Agreement and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Agreement or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement or any other related document. E. If building permits are issued prior to the completion and acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. 14 F. No failure by any party to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof, shall constitute a waiver of any such breach of any other covenant, agreement, term, or condition, nor does it imply that such covenant, agreement, term or condition may be waived again. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing and signed by the parties. The City’s failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to the City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so exciting may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. H. This Agreement, together with the exhibits hereto, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, pertaining to the subject matter of this Agreement. I. No officer, agent or employee of the City shall be personally liable to Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. J. Data provided to the Developer or received from the Developer under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. 15 IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUNDS VIEW By ______________________________________ Mayor By ______________________________________ City Clerk MOUNDS VIEW SELECT PROPERTIES, L.L.C. _________________________________________ STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _____ day of ________________, 2008, by Rob Marty and James Ericson, the Mayor and City Clerk/Administrator, respectively, of the City of Mounds View, a Minnesota municipal corporation, on behalf of the corporation. ______________________________ Notary Public STATE OF MINNESOTA ) ) SS. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2008, by ___________________________, Chief Manager, Select Companies. ______________________________ Notary Public This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 Item No:7B Meeting Date: October 27, 2008 Type of Business: Action City Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of Resolution 7347 for the Final Plat and Development Agreement, and Second Reading and Adoption of Ordinance 813, Rezoning for the “Select Senior Living” Development; Planning Case MA2008-003 Introduction: Select Senior Living, represented by Joel Larson, has submitted a final plat, that would combine the properties at 2865 County Highway 10, and 7980 and 8020 Groveland Road into one parcel for a 95-unit senior housing development. With this final major subdivision approval, the City Council should also hear the second reading and adopt Ordinance 813, which rezones the three parcels from R-O, Residential/Office and R-1, Single Family Residential, to R-4, High Density Residential. Discussion: On September 8, 2008, the City Council passed Resolution 7321, which approved the preliminary plat, development review and conditional use permit for the Select Senior Living development. The Council also held the first reading and introduction of Ordinance 813 to rezone three properties to R-4, high density residential. With the exception of an easement width change, the final plat is essentially the same as the preliminary plat. Resolution 7347, which would approve the final plat and development agreement, stipulates that before City signatures are placed on the final plat, the developer shall have paid the $32,150 park dedication fee and $8,040 County Highway 10 Trail Contribution. These fees were set by the Council on September 8, 2008. In addition, the resolution includes several other conditions for approval. Joe Rhein, from Bonestroo, reviewed the final plat and had a comment regarding the easement width along Groveland Road. This change is reflected in the final plat that is attached to this report. Deadline for Action: The application for the rezoning was accepted on July 17, 2008 and in accordance with MN Statute 15.99, a decision by the City shall be made within 60 days of application acceptance. The City exercised its option to extend the deadline for City action for another 60 days to November 14, 2008. Select Senior Living Report October 27, 2008 Page 2 Alternatives: After hearing from staff and the applicant, the Council may take one of the following actions related to the request: 1. Approve Resolution 7347 for a Final Plat and Development Agreement as requested, and hold the second reading and adopt Ordinance 813 which rezones the three parcels. 2. Deny the final plat and/or development agreement. The Council should direct staff to draft a resolution of denial with findings appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be made or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Action must be taken by November 14, 2008. Recommendations: Staff recommends that the Council, 1. Pass Resolution 7347, that approves the final plat and development agreement for the Select Senior Living development, and, 2. Adopt Ordinance 813, to rezone the properties at 2865 County Highway 10 and 7980 & 8020 Groveland Road to R-4, High Density Residential. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Resolution 7347 2. Ordinance 813 3. Development Agreement 4. Final Plat date-stamped 10-23-08 RESOLUTION NO. 7347 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 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 applicant has requested to rezone the above-described lands to R-4, High Density Residential which are currently designated as Mixed-Use PUD in the Comprehensive Plan; and, WHEREAS, Select Senior Living has 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 7347 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 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, the Mounds View City Council has reviewed the proposed final plat for the “Select Senior Living” subdivision, and finds it to be consistent with the preliminary plat and in conformance with Resolution 7321, and with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having already approved the preliminary plat, 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. 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. Resolution 7347 Page 3 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 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 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 27th day of October, 2008. _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ James Ericson, Clerk - Administrator (SEAL) ORDINANCE 813 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE APPROVING A REZONING OF 2.38 ACRES OF LAND AT 2865 COUNTY HIGHWAY 10 AND 7980 & 8020 GROVELAND ROAD TO R-4, HIGH DENSITY RESIDENTIAL THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Appendix A of the Mounds View Municipal Code entitled “Specific Rezonings” is hereby amended to include reference to the following Ordinance 813. Subdivision 1. Purpose. The Mounds View City Council has determined that to further economic development and organized land use controls that the present zoning classification of certain parcels should be reclassified to allow for a comprehensive redevelopment of the identified parcels consistent with the Mounds View Comprehensive Plan. Subdivision 2. The Mounds View City Council has determined that there would be no adverse effects to adjoining properties resulting from the rezoning and that the rezoning would not be detrimental to the community at large. Subdivision 3. Accordingly, the Mounds View City Council approves the rezoning and directs that the City’s official Zoning Map and the zoning classification for the following described parcel be amended as follows: Parcel Address Existing Zoning Designation New Zoning Designation 2865 County Highway 10 R-O R-4 7980 Groveland Road R-1 R-4 8020 Groveland Road R-1 R-4 and as shown on the map attached Exhibit A. Ordinance 813 Page 2 SECTION 2. This ordinance takes effect 30 days after its publication in the official City newspaper. PUBLIC HEARING, INTRODUCTION AND FIRST READING by the Mounds View City Council, on the 8th day of September, 2008. SECOND READING AND ADOPTION by the Mounds View City Council on the 27th day of October, 2008. PUBLICATION DATE: November 5, 2008 _______________________________________ Rob Marty, Mayor ATTEST _______________________________________ James Ericson, Clerk - Administrator (SEAL) Exhibit A. Area to be rezoned to R-4, High Density Residential ORDINANCE SUMMARY ORDINANCE NO. 813 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE REZONING THE PROPERTIES AT 2865 COUNTY HIGHWAY 10 AND 7980 & 8020 GROVELAND ROAD TO R-4, HIGH DENSITY RESIDENTIAL On October 27, 2008, the Mounds View City Council adopted an ordinance that rezones the properties at 2865 County Highway 10 and 7980 & 8020 Groveland Road from R-O, Residential/Office and R-1, Single Family Residential, to R-4, High Density Residential. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us James Ericson Clerk-Administrator Item No. 7C Meeting Date: October 27, 2008 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7348 Approving Lane Configuration Of Red Oak Drive South Of Hillview Road In The 2009 – 2010 Street And Utility Improvement Project Background: On February 11, 2008 the City Council approved Resolution 7223 creating the Streets and Utilities Committee. On June 14, 2008 the Streets and Utilities Committee held the Public Meeting to review several specific design issues on the 2009 – 2010 Street and Utility Improvement Project and to get feedback from the public. On June 16, 2008 the Streets and Utilities Committee adopted recommendations on a number of specific design issues, for forwarding to the City Council. On July 28, 2008 the City Council adopted Resolution 7307 concerning the recommendations brought forth from the Streets and Utilities Committee on June 16, 2008. On July 21, 2008 the Streets and Utilities Committee adopted additional recommendations on two specific design issues for forwarding to the City Council. Those recommendations concerned Red Oak Drive and Hillview Road and followed up on the previous Committee recommendations of June 16, 2008. On August 25, 2008 the City Council adopted Resolution 7327 concerning the recommendations brought forth from the Streets and Utilities Committee on July 21, 2008. On September 15, 2008 the Streets and Utilities Committee adopted an additional recommendation on a specific design issue for forwarding to the City Council. This recommendation concerns the lane configuration of Red Oak Drive, south of Hillview Road. On October 6, 2008 the City Council reviewed and discussed the September 15, 2008 recommendation of the Streets and Utilities Committee as an agenda item of their Work Session. Members of the Streets and Utilities Committee were present to participate in the discussion with the City Council. A copy of the Staff Report prepared for the October 6, 2008 City Council Work Session is attached to this Staff Report for reference. Discussion: Based on the actions of the Streets and Utilities Committee and the discussion of the October 6, 2008 City Council Work Session, the recommendation on the lane configuration of Red Oak Drive, south of Hillview Road is being presented to the City Council for consideration of formal adoption via resolution. Given the information provided in the attached Staff Report from October 6, 2008, only a brief review of the design issue is stated below. Red Oak Drive, South of Hillview Road – Lane Configuration The previous recommendations that came forth from the Streets and Utilities Committee and were adopted by City Council under Resolution 7307 and 7327 concern the lane configuration of Red Oak Drive north of Hillview Road, which shall consist of two 11-foot wide driving lanes, a 2-foot wide curb reaction on the east side and an 8-foot wide dual use parking and pedestrian/bicycle lane on the west side, for a total width of 32 feet from face of curb to face of curb. As noted in the Staff Report for the October 6, 2008 Council Work Session, the Committee discussed the proposed lane configuration of Red Oak Drive, south of Hillview Road, at their August 18 and September 15, 2008 meetings and subsequently made the recommendation to the City Council that the lane configuration consist of three lanes, a 14-foot wide northbound lane (i.e. 12-foot wide lane with 2-foot wide curb reaction), a 12-foot wide southbound left turn only lane, and a 14-foot wide southbound thru-right turn lane for a total width of 40 feet from face of curb to face of curb. Proposed Resolution 7348 included with this Staff Report would adopt this recommendation of the Streets and Utilities Committee. It should be noted that a separate resolution to establish a pedestrian/bicycle corridor along this segment of Red Oak Drive will be brought to the Council at a future date. At their October 22, 2008 meeting, the Committee discussed the corridor and subsequently passed a motion recommending that a 6.5-foot wide sidewalk be constructed adjacent to the back of curb on the east side of Red Oak Drive, south of Hillview Road. This recommendation will brought to the November 3, 2008 Council Work Session for review and discussion. Reference Materials Numerous background documents on the design issues regarding Red Oak Drive have been prepared, and have been included in the meeting packets of both the Streets and Utilities Committee and City Council. Please refer to those documents as necessary if additional background information on these issues is desired. The only document included with this Staff Report for reference is: o The Staff Report from the October 6, 2008 City Council Work Session, upon which this Staff Report was based. The October 6, 2008 Staff Report includes additional discussion of the lane configuration issue being considered at this time. Recommendation: Resolution 7348 has been prepared in accordance with the above discussion and the recommendation adopted by the Streets and Utilities Committee. The Resolution is attached to this Staff Report for consideration by the City Council. Staff recommends that the City Council adopt the attached Resolution 7348 approving the lane configuration of Red Oak Drive, south of Hillview Road, in the 2009-2010 Street and Utility Improvement Project. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7348 x Staff Report from October 6, 2008 City Council Work Session RESOLUTION 7348 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING LANE CONFIGURATION OF RED OAK DRIVE SOUTH OF HILLVIEW ROAD IN THE 2009 – 2010 STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to Resolution No. 7223 adopted by the City Council on Feb. 11, 2008, the Streets and Utilities Committee was created; and WHEREAS, pursuant to Resolution No. 7245 adopted by the City Council on March 24, 2008, the members of the Streets and Utilities Committee were appointed; and WHEREAS, the City Council has previously adopted a number of resolutions approving various preliminary design issues for the 2009 – 2010 Street and Utility Improvement Project; and WHEREAS, on September 15, 2008 the Streets and Utilities Committee adopted an additional recommendation regarding the lane configuration of Red Oak Drive south of Hillview Road; and WHEREAS, on October 6, 2008 the City Council discussed the recommendation of the Streets and Utilities Committee for the lane configuration of Red Oak Drive south of Hillview Road. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: Red Oak Drive from Hillview Road to County Road 10 as reconstructed under the 2009–2010 Street and Utility Improvement Project shall include the following: 1.Width shall be 40 feet from face of curb to face of curb. 2.Lane configuration shall be: a.One 14-foot wide northbound lane b.One 12-foot wide southbound left turn only lane c.One 14-foot wide southbound combined through-right turn lane Resolution 7348 Page 2 Adopted this 27th day of October 2008. ____________________________________ Rob Marty, Mayor (ATTEST) ____________________________________ James Ericson, City Administrator (SEAL) Item No. 4 Meeting Date: October 6, 2008 Type of Business: WS City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Streets and Utilities Committee: 2009-2010 Street and Utility Project Design Issue Update – Red Oak Drive Lane Configuration South of Hillview Road Background: On February 11, 2008 the City Council approved Resolution 7223 creating the Streets and Utilities Committee. On March 24, 2008 the City Council approved Resolution 7245 appointing the members to the Streets and Utilities Committee. The Streets and Utilities Committee held their first meeting on April 21, 2008, and has also met on May 19, 2008, June 16, 2008, and June 30, 2008, July 21, 2008, August 18, 2008 and September 15, 2008. Discussion: During their August 18, 2008 meeting, the Streets and Utilities Committee discussed the lane configuration of Red Oak Drive south of Hillview Road. Staff presented a memo entitled Red Oak Drive South of Hillview Road (Non-Standard Width), dated August 12, 2008. Due to its length, the memo has not been included with this Staff Report. Council should refer to their copy of the Committee meeting packet from August 2008 to review the previous memo. The memo recommended that this segment of Red Oak Drive be reconstructed to its existing width of 42 feet and be striped with a double yellow center line only, as it exists today. This would be the least expensive option and would allow Red Oak Drive to function as it currently does. It could also be easily re-striped to the ultimate 3-lane configuration in the future at the time the County Road 10 / Red Oak Drive / Silver Lake Road intersection and signal is upgraded. The City and Ramsey County are attempting to obtain federal funding to assist with the signal replacement and associated improvements at the intersection. However, it is estimated that it will be at least 5 years before this funding is available. The memo also discussed whether a right turn only lane for southbound Red Oak Drive is necessary. The right turn lane was not recommended by Staff due to the minimal amount or right turns made during the morning and evening peak traffic hours and the additional costs to relocate the signal pole in the northwest corner of the intersection, which would be needed in order to construct the turn lane. Streets and Utilities Committee Recommendations October 6, 2008 Page 2 After a lengthy discussion of the memo, the Committee asked what would be required in order to re-stripe Red Oak Drive to three lanes (i.e. 1 northbound thru lane, 1 southbound left turn lane, and 1 southbound thru-right turn lane), which is the proposed ultimate configuration based on the CSAH 10 Corridor Study performed in 2005. Discussion on the lane configuration was postponed so Staff could review the possibility of constructing the ultimate 3-lane configuration as part of the Project. Staff prepared an updated memo entitled Red Oak Drive South of Hillview Road (Non-Standard Width), dated September 10, 2008, which was discussed by the Streets and Utilities Committee at their meeting on September 15, 2008. Again, due to its length the memo is not included here. The memo described the additional issues and costs associated with constructing the segment of Red Oak Drive south of Hillview Road to a three lane configuration as described above, in lieu of constructing it to the existing configuration of one northbound and one southbound lane. Because this segment of Red Oak Drive intersects with County Road 10, Ramsey County would need to review and approve the proposed improvements. Based on discussions with Ramsey County, they would approve of the re-striping contingent on the City performing and paying for the following items: x Remove the 7 existing signal loop detectors and replace with 6 new signal loop detectors on Red Oak Drive between County Road 10 and Hillview Road x Extend the signal mast arm at the SW corner of County Road 10 and Silver Lake Road so the signal head is centered between the southbound lanes on Red Oak Drive x Restripe and add signage to northbound Silver Lake Road. x Restripe and add signage to southbound Red Oak Drive Attached Figure 1 shows the required improvements in order to restripe Red Oak Drive to the desired 3 lane configuration discussed above. These additional requirements will add approximately $13,500 to the overall project costs. A summary of the costs are shown in the following table. Remove and Replace Loop Detectors $6,500 1.5" Mill and Overlay $1,500 Extend Signal Mast Arm $2,500 Restripe and Add Signage on Silver Lake Road $2,000 Restripe and Add Signage on Red Oak Drive $1,000 Total $13,500 Streets and Utilities Committee Recommendations October 6, 2008 Page 3 The estimated cost of $13,500 would be above and beyond the cost to simply reconstruct this portion of Red Oak Drive to the two-lane configuration with the double-yellow striped center line, as originally discussed at the August 2008 Streets and Utilities Committee meeting. The Committee felt it was important to minimize the width of the northbound lane. Their opinion was that the current width of 21 feet gives the appearance of a 2-lane major roadway. By narrowing it to 14 feet, it would give the appearance of a more local residential street, and may deter vehicles from using it. Based on this information and their discussion,the Committee recommends (by a unanimous 7-0 vote) that the 3-lane configuration be constructed, consisting of a 14-foot wide northbound lane (i.e. 12-foot wide lane with 2-foot wide curb reaction), a 12-foot wide southbound left turn only lane, and a 14-foot wide southbound thru-right turn lane for a total width of 40 feet from face of curb to face of curb. This recommendation is coming forward to the City Council from the Streets and Utilities Committee for review and discussion. Pedestrian / Bicycle Corridor It should be noted that this recommendation does not address the fact that Red Oak Drive has been designated as a pedestrian/bicycle corridor. The layout of the pedestrian corridor for this portion of Red Oak Drive is still being developed and will be brought forward to the City Council for review and consideration at a future date. The recommendation coming forward at this time from the Streets and Utilities Committee addresses only the lane configuration of Red Oak Drive south of Hillview Road for vehicular traffic. Recommendation: Staff is looking for direction from Council with regard to this recommendation from the Streets and Utilities Committee, so the design of the 2009 – 2010 Street and Utility Improvement Project can proceed accordingly. The direction from the Council on this issue will be prepared as a Resolution to be brought back to the Council for formal approval at a future City Council meeting. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Figure 1 DATE:COMM:REDOAK-HILLVIEW LAYOUT 3.DWG RED OAK DRIVE/ COUNTY ROAD 10 LAYOUT CITY OF MOUNDS VIEW, MINNESOTA 2009-2010 STREET AND UTILITY IMPROVEMENT PROJECT 9/9/08 000435-07129-0 1FIGURE 40 80 Item No. 7D Meeting Date: October 27, 2008 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To:Honorable Mayor and City Council From:Joe Rhein, Consulting Engineer Item Title/Subject:Resolution 7349 Approving Configuration For Intersection Of Laport Drive and Edgewood Drive In the 2009 – 2010 Street and Utility Improvement Project Background: On February 11, 2008 the City Council approved Resolution 7223 creating the Streets and Utilities Committee. On April 21, 2008 the Streets and Utilities Committee held their first meeting. The Committee has met monthly since that time. The Streets and Utilities Committee has previously adopted recommendations on a number of specific design issues for the 2009-2010 Street and Utility Improvement Project for forwarding to the City Council. The City Council has reviewed the Committee recommendations and have adopted appropriate resolutions in response. On September 15, 2008 the Streets and Utilities Committee adopted an additional recommendation concerning the intersection of Laport Drive and Edgewood Drive for forwarding to the City Council. On October 6, 2008 the City Council reviewed and discussed the September 15, 2008 recommendation of the Streets and Utilities Committee as an agenda item of their Work Session. Members of the Streets and Utilities Committee were present to participate in the discussion with the City Council. Discussion: Based on the actions of the Streets and Utilities Committee and the discussion at the October 6, 2008 City Council Work Session, the recommendation on the Laport Drive and Edgewood Drive intersection is being presented to the City Council for consideration of formal adoption via resolution. A review of the relevant issues is given below. Due to its length, the Staff Report from October 6, 2008 is not included with this document. Please refer to that previous Staff Report as necessary for additional background information. Laport Drive and Edgewood Drive Intersection The existing intersection has a non-standard configuration. Staff prepared information on this issue for review by the Streets and Utilities Committee at their September 15, 2008 meeting. The Committee discussed the intersection and subsequently made the recommendation to the City Council that it be reconfigured to a more standard layout. The recommended configuration would make the primary movement be from the southern leg of Edgewood Drive to Laport Drive. The northern leg of Edgewood Drive would “tee” into Laport Drive at a 90-degree angle. The existing stop sign would be removed for westbound Laport Drive, and a new stop sign would be placed for southbound Edgewood Drive at Laport Drive. Figures showing the existing and proposed configurations of the intersection are included with this Staff Report. Recommendation: Resolution 7349 has been prepared in accordance with the above discussion and the recommendation adopted by the Streets and Utilities Committee. The Resolution is attached to this Staff Report for consideration by the City Council. Staff recommends that the City Council adopt the attached Resolution 7349 approving the proposed configuration of the Laport Drive and Edgewood Drive intersection in the 2009-2010 Street and Utility Improvement Project. Respectfully Submitted, Joseph R. Rhein, Consulting Engineer Attachments: x Resolution 7349 x Figure 1 – Laport Drive and Edgewood Drive Intersection – Existing x Figure 2 – Laport Drive and Edgewood Drive Intersection – Proposed RESOLUTION 7349 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING CONFIGURATION FOR INTERSECTION OF LAPORT DRIVE AND EDGEWOOD DRIVE IN THE 2009 – 2010 STREET AND UTILITY IMPROVEMENT PROJECT WHEREAS, pursuant to Resolution No. 7223 adopted by the City Council on Feb. 11, 2008, the Streets and Utilities Committee was created; and WHEREAS, pursuant to Resolution No. 7245 adopted by the City Council on March 24, 2008, the members of the Streets and Utilities Committee were appointed; and WHEREAS, the City Council has previously adopted a number of resolutions approving various preliminary design issues for the 2009 – 2010 Street and Utility Improvement Project; and WHEREAS, on September 15, 2008 the Streets and Utilities Committee adopted a recommendation regarding the configuration of the intersection of Laport Drive and Edgewood Drive; and WHEREAS, on October 6, 2008 the City Council discussed the recommendation of the Streets and Utilities Committee for the configuration of the intersection of Laport Drive and Edgewood Drive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: The intersection of Laport Drive and Edgewood Drive as reconstructed under the 2009-2010 Street and Utility Improvement Project shall include the following components: 1.The southern leg of Edgewood Drive and Laport Drive shall be connected by a smooth curve to form a continuous route. 2.The northern leg of Edgewood Drive shall “tee” into Laport Drive at a 90-degree angle. 3.Traffic movement between the southern leg of Edgewood Drive and Laport Drive shall be free flow condition. 4.Southbound traffic on the northern leg of Edgewood Drive shall be a stop condition at Laport Drive. A stop sign shall be installed. Resolution 7349 Page 2 Adopted this 27th day of October 2008. ____________________________________ Rob Marty, Mayor (ATTEST) ____________________________________ James Ericson, City Administrator (SEAL) DATE:COMM:LAPORT-EDGEWOOD ALT1.DWG LAPORT DRIVE AND EDGEWOOD DRIVE INTERSECTION - EXISTING CONDITIONS MOUNDS VIEW, MINNESOTA 2009-2010 STREET AND UTILITY IMPROVEMENT PROJECT 9/5/08 435-07129-0 1FIGURE 20 40 DATE:COMM:LAPORT-EDGEWOOD ALT1.DWG LAPORT DRIVE AND EDGEWOOD DRIVE INTERSECTION - PROPOSED IMPROVEMENTS MOUNDS VIEW, MINNESOTA 2009-2010 STREET AND UTILITY IMPROVEMENT PROJECT 9/5/08 435-07129-0 2FIGURE 20 40 Item No: Meeting Date: October 27, 2008 Type of Business: CA City 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. All contractor licenses will expire on December 31, 2008. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2007. The majority of the licenses are renewals, so at a minimum, they were licensed in 2007. The type of license they are applying for follows the company name. Aabbott Ferraro, Inc. HVAC Renewal Air America Heating & Cooling HVAC New Fireplace Gallery HVAC Renewal GR Mechanical, Inc. HVAC New Royalton Heating and Cooling HVAC Renewal Staff Recommendation: Approve license applications as requested. 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 23, 2008 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, elections issues, etc. MU210-4: Charter Commission. Consult with City staff regarding Charter issues, amendments and ordinance implementation. Continue work on ordinance concerning certification of administrative fees and penalties. Forward same to City staff. Matter is presently pending. MU210-26: The Mermaid. Review plat amendment and PUD amendment. Work on draft of plat opinion. Review correspondence from owner. Consult with City staff regarding preliminary plat and changes to platted lot, etc. Discussions with City staff, applicant and applicant’s attorney as to subdivision and TIF issues, etc. Matter is presently pending. MU210-35: Community Center Project. Review and consult with City staff regarding rental agreement. Matter is presently pending. MU210-43: Silver Lake Woods Condominium Association. Work with City staff and City engineer to determine requirements that SLWCA needs to undertake regarding Mr. Jim Ericson October 23, 2008 Page 2 roads. Work with attorney Pat Brinkman regarding matter. Update Petition and Waiver Agreement and Street Transfer Agreement. Work with SLWCA attorney regarding Agreements. Matter is presenting pending. MU210-54: Code Update/Revisions. Work with City staff regarding City Code updates. Matter is presently pending. MU210-107: Telecommunications. Consult with City staff regarding lease amendment issues and negotiations. Matter is presently complete. MU210-147: County Road 10 Trail Segments. Review information re IRS lien levied against Jay Brothers (contractor in this matter). Consult with City staff. Matter is presently pending. MU210-156: Neil David Colles. This matter has been tendered to the League of MN Cities. K&G is monitoring the status of case. Matter is presently pending. MU210-163: Xcel Easement, Etc. Consult with City staff re same. Review additional information received from Xcel and advise City staff regarding Xcel’s correspondence. Matter is presently pending. MU210-175: Senior Housing Project. Review submitted planning materials and work on matter. Consult with City staff. Review draft Developers Agreement. Matter is presently pending. MU210-177: GAF G-1 Holdings Bankruptcy Matter. Review bankruptcy materials and information and consult with City staff. Matter is presently pending. MU210-178: 2008 Trail Easements Project. Consult with City staff regarding easement project. Waiting to receive information from the City Engineer; will begin reviewing and revising easements once that information is received. Matter is presently pending. EDA MATTERS: None pending.