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HomeMy WebLinkAboutAgenda Packets - 2019/02/05CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, February 25, 2019 6:30 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Mueller, Gunn, Hull, Meehlhause, Bergeron 4. APPROVAL OF AGENDA 5. CONSENT AGENDA A. Approval of Minutes: February 11, 2019 B. Just and Correct Claims C. Resolution 9085, Approving Revisions to the 2019 Fee Schedule D. Resolution 9078 Adopting Director Benefit Package 6. PUBLIC COMMENT 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. 7. SPECIAL ORDER OF BUSINESS A. Jerry Hromatka – Northeast Youth and Family Services 8. COUNCIL BUSINESS A. PUBLIC HEARING: Resolution 9084 Adopting a Special Assessments Levy for the 2018 Business Park North Street Project B. Ordinance 955, First Reading Chapter 900 City Code Update C. Resolution 9086 Approving the Feasibility Study for the 2019 Street Project and Authorizing Plans and Specifications 9. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 10. NEXT COUNCIL WORK SESSION: Monday, March 4, 2019 at 6:30 pm NEXT COUNCIL MEETING: Monday, March 11, 2019 at 6:30 pm 11. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 February 11, 2019 6 Mounds View City Hall 7 2401 Mounds View Boulevard, Mounds View, MN 55112 8 6:30 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Bergeron, Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, February 11, 2019, City Council Agenda. 21 22 MOTION/SECOND: Meehlhause/Bergeron. To Approve the Monday, February 11, 2019, 23 agenda as presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. CONSENT AGENDA 28 A. Approval of Minutes: January 28, 2019. 29 B. Just and Correct Claims. 30 C. Resolution 9077, Benefit Adjustments Quasabart and Peterson. 31 D. Resolution 9083, Approving the 2019 Public Works Seasonal Positions. 32 33 MOTION/SECOND: Gunn/Meehlhause. To Approve the Consent Agenda as presented. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 6. PUBLIC COMMENT 38 39 Bob King, Director of the Mounds View Police Foundation, discussed the tremendous success of 40 the Daddy Daughter Dance, which was held on Saturday, February 9th. He thanked the public for 41 their support and generous donations. He thanked Police Chief Harder for all of his efforts. 42 43 7. SPECIAL ORDER OF BUSINESS 44 A. State Representative Kelly Moller. 45 Mounds View City Council February 11, 2019 Regular Meeting Page 2 1 State Representative Kelly Moller thanked the Council for their time. She explained she was 2 newly elected and represented District 42A. She reviewed the committees she served on and 3 discussed several bills she was working on. She reported she holds monthly chats on the fourth 4 Sunday of every month at Shore 96 from 1:30 p.m. to 2:30 p.m. 5 6 Council Member Bergeron encouraged Representative Kelly to consider restoring LGA to the 7 2002 level. He explained this would be helpful to all cities in the metro area. 8 9 Council Member Meehlhause congratulated Representative Kelly and stated LGA would be a 10 number one priority for him as well. 11 12 Mayor Mueller encouraged Representative Kelly to meet with representatives from the League of 13 Minnesota Cities. She thanked Representative Kelly for representing the City of Mounds View. 14 She invited Representative Kelly to attend the City’s Town Hall Meeting on Monday, April 15th. 15 16 B. Swearing in of Officer Alexander Aase. 17 18 Police Chief Harder introduced Officer Alexander Aase to the City Council. He administered the 19 Oath of Office to Officer Alexander Aase and his badge was pinned on. 20 21 Police Officer Aase introduced his family to the City Council. A round of applause was offered 22 by all in attendance. 23 24 8. COUNCIL BUSINESS 25 A. Second Reading and Adoption, Ordinance 954, Amending City Code 26 Chapter 800, Motor Vehicle and Traffic – ROLL CALL VOTE. 27 28 City Administrator Zikmund requested the Council adopt Ordinance 954 which would amend 29 City Code Chapter 800 regarding motor vehicle and traffic. He reviewed the minor changes that 30 were made to this portion of City Code and recommended approval. 31 32 Council Member Gunn stated new residents in the City of Mounds View may not be aware of the 33 City’s No Parking rule. She read the language regarding the City’s No Parking regulations 34 within the Ordinance in full for the record. 35 36 MOTION/SECOND: Meehlhause/Hull. To Waive the Second Reading and Adopt Ordinance 37 954, Amending City Code Chapter 800, Motor Vehicle and Traffic. 38 39 ROLL CALL: Bergeron/Gunn/Hull/Meehlhause/Mueller. 40 41 Mayor Mueller asked if a copy of this portion of City Code was available on the City’s website. 42 City Administrator Zikmund reported this portion of code was posted on the City’s website when 43 the First Reading was held and has been posted since that time. 44 45 Mounds View City Council February 11, 2019 Regular Meeting Page 3 Ayes – 5 Nays – 0 Motion carried. 1 2 B. Resolution 9080, Approval of Minor Subdivision, 8465 Red Oak Drive. 3 4 Community Development Director Sevald requested the Council approve a Minor Subdivision 5 for the property at 8465 Red Oak Drive. He discussed how the lot would be split and noted the 6 request was in compliance with the City’s Comprehensive Plan. He explained the Planning 7 Commission reviewed this matter at their February 6th meeting and recommended approval. 8 9 Mayor Mueller asked what the width and depth of the two new lots would be. Community 10 Development Director Sevald reported each lot would be 75 feet wide and 231 feet deep. 11 12 Council Member Meehlhause questioned if the applicant would be constructing the homes. 13 Patrick Schmeichel, 17754 Aztec Street in Andover, stated he would be completing the 14 construction of the new homes. 15 16 Council Member Meehlhause inquired how large the new homes would be. Mr. Schmeichel 17 commented the first home would be approximately 2,800 square feet in size with a three-car 18 garage. He reported the plans for the second home were not yet finalized. 19 20 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9080, 21 Approval of Minor Subdivision, 8465 Red Oak Drive. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 C. Resolution 9075, Approving Transfers between Funds for 2018. 26 27 Finance Director Beer requested the Council approve transfers between funds for 2018. He 28 reported this action occurred each year to support activities or overhead support for the utility 29 funds. He explained these transfers are completed at the end of each year in order to see if the 30 City has a surplus or deficit. He provided further comment on the proposed budget transfers and 31 recommended approval. 32 33 MOTION/SECOND: Meehlhause/Gunn. To Waive the Reading and Adopt Resolution 9075, 34 Approving Transfers between Funds for 2018. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 D. Resolution 9076 Approving the Adoption of the Ramsey County Multi-39 Hazard Mitigation Plan. 40 41 Police Chief Harder requested the Council approve the Ramsey County Multi-Hazard Mitigation 42 Plan. He commented on the document further with the Council and noted this document would 43 make the City eligible to apply for grants. 44 45 Mounds View City Council February 11, 2019 Regular Meeting Page 4 MOTION/SECOND: Hull/Bergeron. To Waive the Reading and Adopt 9076 Approving the 1 Adoption of the Ramsey County Multi-Hazard Mitigation Plan. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 E. Resolution 9079 Approving the Amendment to Resolution 8969 for Peter 6 Szurek Advancing to Step 3 of Pay Plan Effective 12-18-2018 According to 7 Offer Letter. 8 9 City Administrator Zikmund requested the Council approve an amendment to Resolution 8969 10 for Peter Szurek advancing to Step 3 of the pay plan effective December 18, 2018 which was in 11 accordance in the offer letter. He reported Peter Szurek has far surpassed staff’s expectations as 12 an employee. 13 14 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 9079 15 Approving the Amendment to Resolution 8969 for Peter Szurek Advancing to Step 3 of Pay Plan 16 Effective 12-18-2018 According to Offer Letter. 17 18 Mayor Mueller requested staff express the Council’s apologies for the oversight. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 F. Resolution 9081, Approving a Construction Contract with Bergerson 23 Caswell, Inc. for 2019 Municipal Well No. 2 Rehabilitation Project. 24 25 Public Works Director Peterson requested the Council approve a construction contract with 26 Bergerson Caswell, Inc. for the 2019 Municipal Well No. 2 Rehabilitation Project. He explained 27 this well was last rehabilitated in 2010. He discussed the number of bids that were received for 28 this project and noted Bergerson Caswell was the low bidder. Staff recommended approval of the 29 construction contract. 30 31 Council Member Meehlhause asked what work would be completed on this well. Public Works 32 Director Peterson explained the pump and the motor would be pulled, cleaned and inspected. He 33 reported Well No. 2 would be out of service for a short period of time. 34 35 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 9081, 36 Approving a Construction Contract with Bergerson Caswell, Inc. for 2019 Municipal Well No. 2 37 Rehabilitation Project. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 G. Resolution 9082 Approving the Purchase of a Utility Cart for the Public 42 Works Department. 43 44 Public Works Director Peterson requested the Council approve the purchase of a utility cart for 45 Mounds View City Council February 11, 2019 Regular Meeting Page 5 the Public Works Department. He reported the current cart has broken down several times and 1 was in need of replacement. He stated the new cart would be used to complete work in the City’s 2 parks and he described the work this cart could complete. He explained this was a budgeted 3 expense for 2019. 4 5 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 9082 6 Approving the Purchase of a Utility Cart for the Public Works Department. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 9. REPORTS 11 A. Reports of Mayor and Council. 12 13 Council Member Gunn thanked the Police Foundation and Police Chief Harder for all of their 14 efforts to put on the Daddy Daughter Dance. 15 16 Council Member Gunn reported the next Festival in the Park Committee meeting would be held 17 on Tuesday, February 19th at the Community Center at 7:00 p.m. 18 19 Council Member Gunn noted on Thursday, February 21st the I-35W Coalition would be meeting. 20 21 Council Member Meehlhause thanked all of the volunteers who assisted to make the Daddy 22 Daughter Dance an amazing event for the community. 23 24 Council Member Meehlhause stated last Thursday, he and Council Member Gunn attended the 25 Northeast Youth and Family Services Service to Youth Award Ceremony. He congratulated 26 Principal Penny Howard for receiving an award this year. 27 28 Council Member Meehlhause reported he would be attending an NYFS Executive Committee 29 meeting on Thursday, February 14th. 30 31 Council Member Hull thanked Welch’s on 10 for providing food at the Daddy Daughter Dance. 32 33 Council Member Hull thanked the Public Works Department for all of their great efforts to keep 34 the City’s streets free and clear of snow. 35 36 Council Member Bergeron also thanked the Public Works Department. 37 38 Mayor Mueller thanked Sherry Gunn for serving as the Acting Mayor last week while she was 39 out of town. 40 41 Mayor Mueller reported the Ramsey County Sheriff’s Office is holding a Scouting Day on 42 Saturday, February 23rd from 9:00 a.m. to 12:00 p.m. at their location on 1425 Paul Kirkwood 43 Drive in Arden Hills. 44 45 Mounds View City Council February 11, 2019 Regular Meeting Page 6 Mayor Mueller explained the next Five Cities Mayor’s Meeting will be held on Monday, March 1 11th at 3:30 p.m. at Shoreview City Hall. 2 3 Mayor Mueller reported Minnesota Women in Government met on Friday, February 8th at the 4 League of Minnesota Cities. 5 6 B. Reports of Staff. 7 8 Finance Director Beer stated the Finance Department was preparing for the final audit which 9 would be completed in two weeks. 10 11 Community Development Director Sevald reported on Monday, February 4th the Council 12 reviewed two different sketch plans. He commented further on these sketch plans which were 13 for Long Lake Woods and Crossroad Pointe. He requested the Council provide staff with 14 direction on Crossroad Pointe with respect to Greenfield Avenue. 15 16 Council Member Gunn stated the Council decided not take additional public comment regarding 17 this matter since only three members were in attendance at the February 4th worksession meeting. 18 19 Mayor Mueller asked how staff believed traffic would flow in and out of the Crossroad Pointe 20 property. Community Development Director Sevald stated this would be difficult to tell and 21 would be determined in the future based on driver behavior. 22 23 Council Member Meehlhause commented on the route he took to and from work for years. He 24 stated he believed the City would not be able to determine how traffic would flow in and out of 25 Crossroad Pointe but rather this would be determined by the future tenants based on where they 26 had to commute to work. 27 28 Council Member Bergeron stated he was in favor of the hammerhead cul-de-sac on Greenfield 29 Avenue. He commented further on the amount of traffic that would be flowing onto Greenfield 30 Avenue if this roadway were to remain open. He was of the opinion Greenfield Avenue was not 31 constructed to manage this high level of traffic. 32 33 Council Member Hull questioned if the City could plow a hammerhead cul-de-sac. Public 34 Works Director Peterson indicated if the roadway were to remain open, it would be difficult to 35 determine who was responsible for the plowing. He reported a normal cul-de-sac would be a 36 better option and noted the Public Works Department could successfully plow a hammerhead 37 cul-de-sac. He supported the Council pursuing a hammerhead cul-de-sac for Greenfield Avenue. 38 39 Council Member Hull stated he was leaning towards a connection. 40 41 Council Member Meehlhause commented he could go either way on this matter. He commented 42 further on how the developer had shifted the apartment building on the property. He noted staff 43 had provided the Council with a market study and reported there was a need for market rate 44 apartments in the community. 45 Mounds View City Council February 11, 2019 Regular Meeting Page 7 1 Mayor Mueller discussed the high-end apartments that would be built on this property. She 2 stated she was excited for this development because it suited multi-generations and not just 3 seniors. 4 5 Council Member Gunn explained originally, she was for the connection but noted now she was 6 leaning towards a hammerhead. 7 8 Mayor Mueller reported she lives on Groveland Road and she indicated she did not want the 9 residents living on Greenfield Avenue to have the same experience she had with high levels of 10 traffic. She noted she fully supported the hammerhead cul-de-sac in order to keep the apartment 11 complex traffic off of the small neighborhood roadway. She understood this would push traffic 12 into another neighborhood, but believed Edgewood could support the additional traffic. She 13 expressed frustration with the fact Ramsey County had not allowed Crossroad Pointe to have 14 access to Mounds View Boulevard. 15 16 Community Development Director Sevald thanked the Council for their feedback on this matter. 17 18 City Administrator Zikmund explained he was continuing his work to amend City Code. He 19 noted Chapter 900 was complete on his end and had been forwarded to the City Attorney. He 20 stated it was his goal to complete the City Code amendments sometime this fall. 21 22 City Administrator Zikmund updated the Council on the work being completed by the Charter 23 Commission. 24 25 City Administrator Zikmund reported Long Lake Woods would be addressed by the Council 26 again on Monday, March 4th. 27 28 City Administrator Zikmund commented staff would be attending a meeting next Wednesday 29 with attorneys for the Tires N More property. In addition, staff would be following up on the 30 Skyline property. 31 32 City Administrator Zikmund commented on the agreement the City had with Service Line 33 Warranties and reported a mailing would be sent out this week to residents regarding insurance 34 for lateral sewer and water lines. 35 36 C. Reports of City Attorney. 37 38 There was nothing additional to report. 39 40 10. Next Council Work Session: Monday, March 4, 2019, at 6:30 p.m. 41 Next Council Meeting: Monday, February 25, 2019, at 6:30 p.m. 42 Mounds View City Council February 11, 2019 Regular Meeting Page 8 1 11. ADJOURNMENT 2 3 The meeting was adjourned at 8:08 p.m. 4 5 Transcribed by: 6 7 Heidi Guenther 8 TimeSaver Off Site Secretarial, Inc. 9 The Mounds View Vision A Thriving Desirable Community Item No: 05C Meeting Date: February 25, 2019 Type of Business: Consent Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Resolution 8095 updating fee schedule Introduction: The city adopts a fee schedule every year that details various fees associated with services provided. Discussion: As part of the ongoing code update staff discovered a few inconsistencies between the code and the adopted fee schedule. This simply updates the fee schedule so the code and fee schedule are the same. Strategic Plan Strategy/Goal: Fees are an integral part of the Cities Strategic Plan to ensure financial stability, service delivery, and maintenance of infrastructure. Financial Impact: Fees are a revenue component of the adopted budget necessary to ensure adequate delivery of services. This adjustment will ensure budget estimates are more likely to be met. Recommendation: Adopt resolution 9085 Respectfully submitted, ________________________ Nyle Zikmund City Administrator The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. 9085 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING REVISIONS TO THE 2019 FEE SCHEDULE WHEREAS, revisions and updates to the Mounds View Fee Schedule are necessary from time to time; and WHEREAS, there have been some recent ordinance revisions which have affected City fees; and WHEREAS, the fees in Attachment A have been either revised, deleted, or added to the 2019 fee schedule; WHEREAS, in Attachment A, wording proposed to be deleted is in red with a one line strike-through and wording proposed to be added is in dark blue and underlined. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby approve the revisions to the 2019 fee schedule as shown in Attachment A. Adopted this 25th day of February, 2019. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (SEAL) Resolution 9085 ATTACHMENT A Item No: 5D Meeting Date: February 11, 2019 Type of Business: Consent Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Resolution 9078 Director Benefit Package Introduction: As discussed at workshop, human resources are the single greatest asset the city has to achieve the goals established by council. Retention of employees is critical, especially in the ultra-competitive environment we are currently in. Discussion: As part of the focus on HR it became apparent that we had significant diversity in our benefit package as it related to director positions. There are numerous explanations on why this happened but development and adoption of a director level benefit package will remedy current and future conflicts. At the core of the issue is the typical depth of experience they bring that combined with the hiring process, has not always resulted in consistency. This proposal will provide a level of consistency and fairness amongst a similar employee group. Summary of changes from current policy; establishes a base vacation accrual rate at 3 3 weeks versus 2, increases carryover of flex time from 40 hours to 100 hours, increases carryover of vacation time from accrual plus 2 weeks to accrual plus 3 weeks. Recommendation: Adopt resolution 9078 that amends the Employee Policy Manual specific to the benefits for director level employees. Strategic Plan Strategy/Goal: One of the 5 adopted strategies in the Strategic Plan is specific to recruitment and retention of staff. In the last 4.5 years, all but one of the seven division directors (including City Administrator) have turned over. Benefit packages are powerful tools that can help to retain. Financial Impact: There is no fiscal impact to the budget. Respectfully submitted, ________________________ Nyle Zikmund City Administrator RESOLUTION NO. 9078 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A DIRECTOR LEVEL BENEFIT PACKAGE WHEREAS, the City Council has prioritized employee retention; and, WHEREAS, in the past 4.5 years has experienced turnover of 6 of their 7 director positions (Public Works, Police Chief, Community Development, Business Development, Assistant/HR, and Administrator; and, WHEREAS, benefits and consistency in those benefits are a proven method of employee retention. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council approves the Director Benefit Package as detailed in Attachment A Adopted this11th day of February, 2019. _______________________________ Carol A. Mueller, Mayor ATTEST: _______________________________ Nyle Zikmund, City Administrator (seal) ATTACHMENT A Department Head Base Benefits (PW Director, Police Chief, Community Development Director, Finance Director, HR Coordinator/Director, Assistant City Administrator) Department Heads will be subject to the City Personnel Manual unless otherwise noted. Subject to 6 month probationary period unless otherwise noted. Salary and step advancement is based on the salary grid adopted by the City Council for the position and will be eligible for future market adjustments and cost-of-living adjustments consistent with other non-union employees and at the discretion of the City Council. Vacation accrual for Department Heads is as follows unless previously negotiated: Years 1 thru 5 120 hours per year or 4.62 hours per pay period Year 6 128 hours per year or 4.92 hours per pay period Year 7 136 hours per year or 5.23 hours per pay period Year 8 144 hours per year or 5.54 hours per pay period Year 9 152 hours per year or 5.85 hours per pay period Years 10 thru 15 160 hours per year or 6.15 hours per pay period Year 16 200 hours per year or 7.69 hours per pay period A cell phone will be provided at City expense or the employee may elect to use their personal phone and be reimbursed up to $50/month. Use of a personal phone can subject the employee’s phone to discovery in the event of a public data request. Tuition/Training Allocation Increased Flex/Vacation Time Carryover to 100 hours for Flex and 3 weeks plus your accrual on vacation. Pay for/provide Professional Membership Dues to those associations with a direct relationship to your job and job duties. The Mounds View Vision A Thriving Desirable Community Item No: 8A Meeting Date: February 25, 2019 Type of Business: Council Business Reviewed by City Administrator: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Public Hearing to receive Public Input and pass upon Resolution 9084 Adopting a Special Assessment Levy for the 2018 Business Park North Street Improvement Project A public hearing is scheduled for 6:30 P.M. to receive public input regarding the proposed assessment of the 2018 Business Park North Street Improvement Project. A legal notice of this public hearing was published in the February 6 and 13, 2019 editions of the New Brighton Bulletin. Individual notices of the meeting were sent by first class mail to the affected property owners on February 5, 2019. Attached is the full roll of assessment notices that were sent out. Some of the property owners may have paid, or will pay, the amount due by 4:30 P.M. on Monday, February 25, 2019. Others will pay after the roll is certified Monday night, but before the roll is forwarded to Ramsey County. Owners may prepay the assessment between February 26 and March 25, 2019 without paying additional interest. After that, interest at a rate of 5.5% will accrue from February 25, 2019 through the payment date. This interest rate was set by the City Council in Resolution 7135. On or about April 15, 2019, we will forward the assessment roll, minus any prepayments, to Ramsey County for collection with the 2020 property taxes. Strategic Plan Strategy/Goal: Maintain and Plan for Infrastructure Improvements. Financial Impact: The assessments to be certified are 12.5% or $93,277.48 which off-set the street improvement costs of $746,220. The remainder was paid out of the Street Improvement Capital Projects fund 485-4470-7050-320 the budget was $800,000 for the project. Respectfully submitted, ___________________________ Mark Beer The Mounds View Vision A Thriving Desirable Community RESOLUTION NO. 9084 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ADOPTING A SPECIAL ASSESSMENT LEVY FOR THE 2018 BUSINESS PARK NORTH STREET PROJECT 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 the 2018 Business Park North and Street Improvements. NOW, THEREFORE, BE IT RESOLVED by 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 2018 Business Park North Street Improvement in the amount of the assessment levied against it. 2. The assessments as adopted and confirmed shall be payable in equal annual installments over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January 2020, and shall bear interest at the rate of five and one half (5.5) percent per annum from February 25, 2019. To the first installment shall be added interest on the entire assessment from February 25, 2019 through December 31, 2019. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessments 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 April 15th, or interest will be charged through December of the succeeding year. 4. The City 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 25th day of February, 2019. ______________________________ Carol A. Mueller, Mayor (ATTEST) ______________________________ Nyle Zikmund, City Administrator (SEAL) Adjusted Front Footage MAP #Parcial ID Owner Assessment Categorical Type Adjusted Front Footage Rounded Adjusted Front Footage Adjusted Frontage Assess per parcel% Adjusted Frontage Assess per owner% Assessment Amount per Front Foot Assessment Amount Per Parcel Assessment per Owner 1 5275 Quincy St 083023420010 Gijv Mn 3 LLC Standard 330.52 330.5 3.35%3.35%9.44$ 3,121.47$ 3,121.47$ 2 2205 Woodale Dr 083023420016 Multi Tech Systems Inc Standard 1107.62 1107.5 11.21%11.21%9.44$ 10,459.99$ 10,459.99$ 3 2222 Woodale Dr 083023420009 Icon Owner Pool 3 Midwest/Southeast LLC Standard 1414.66 1414.5 14.32%14.32%9.44$ 13,359.51$ 13,359.51$ 4 5230 Quincy St 083023410008 Gijv MN 5 LLC Standard 2492.14 2492 25.23%25.23%9.44$ 23,536.17$ 23,536.17$ 5 2100 Woodale Dr 083023410005 Gijv MN 4 LLC Standard 1785.99 1785.5 18.08%18.08%9.44$ 16,863.49$ 16,863.49$ 6 5150 Quincy St 083023410011 C G Hill And Sons Inc Standard 226.25 226 2.29%2.29%9.44$ 2,134.50$ 2,134.50$ 7 0 Quincy St 083023440015 C G Hill And Sons Inc Standard 0 0 0.00%9.44$ -$ -$ 8 2219 Mounds View Blvd 083023430024 Marvin Development III LLC Standard 106.825 106.5 1.08%1.08%9.44$ 1,005.86$ 1,005.86$ 9 2213 Mounds View Blvd 083023430025 Bridge Capital LLC Standard 106.825 106.5 1.08%1.08%9.44$ 1,005.86$ 1,005.86$ 10 2201 Mounds View Blvd 083023440004 Franchise Reality Intse Corp Standard 185.52 185.5 1.88%1.88%9.44$ 1,751.99$ 1,751.99$ 11 2149 Program Ave 083023440011 Shivam Inc Flag 75 75 0.76%0.76%9.44$ 708.35$ 708.35$ 12 5151 Program Ave 083023440017 Bethlehem Baptist Church Mpls Standard 837.66 837.5 8.48%10.97%9.44$ 7,909.93$ 10,228.60$ 13 5151 Program Ave 083023410013 Bethlehem Baptist Church Mpls Standard 245.7 245.5 2.49%9.44$ 2,318.67$ -$ 14 2155 County Road H 083023440007 Wolfson Commercial Properties LLC Standard 370.31 370 3.75%3.75%9.44$ 3,494.54$ 3,494.54$ 15 2145 County Road H 083023440008 Loizos N Loizou Standard 423.91 423.5 4.29%4.29%9.44$ 3,999.83$ 3,999.83$ 16 2135 Program Ave 083023440009 Jason D & Renee D Studer Standard 170.64 170.5 1.73%1.73%9.44$ 1,610.32$ 1,610.32$ Address 12.5% Street Improvement Assessments Item No 8B Meeting Date: February 25, 2019 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nyle Zikmund, City Administrator Item Title/Subject: Ordinance 955 Chapter 900 Code Update, First Reading Introduction: This is a continuation of the City Code update with Chapters 100 thru 700 updated last year and Chapter 800 passed earlier this month. The proposed Ordinance was posted on our web page on Thursday February 14, 2019. Second reading is scheduled for the March 11, 2019 meeting with summary publication occurring on March 22nd and the Ordinance taking effect 30 days after. Discussion: Chapter 900 of the code deals with Public Right of Way and Property. All changes are either technical, statutory updates, or best practices based on historical activities. An example is we have replaced the words Building Inspector with Public Works Director/City Engineer or its designee where appropriate as that individual is more responsible for the duties. Another more substantive technical/best practices change is section 906.6 – Leak in Service Line which clarifies property owner’s responsibility with respect to their water service line. Similarly, we have eliminated the entire subdivision on Golf as we no longer have a course. Strategic Plan/Goal: Maintain Good Infrastructure The City Code is the base document specific to how the city conducts their business. Chapter 900 addresses the critical area of public right of ways and property where the vast majority of our underground utilities/infrastructure is located. To date the Cities investment in this infrastructure exceeds $12.5 million. Ordinance 955 ensures our continued ability to maintain that investment. Financial Impact: Legal review and publication costs fall within 2019 adopted budget. Recommendation: Conduct First Reading of Ordinance 954 to update Chapter 900 of the City Code. Respectfully submitted, ________________________ Nyle Zikmund City Administrator Ordinance 955 Chapter 900 City Code 1 ORDINANCE NO. 955 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 900, CHAPTERS 906 AND 909 OF THE MOUNDS VIEW CITY CODE RELATING TO PUBLIC WAYS AND PROPERTY THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.01 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.01: CONNECTION REQUIRED; EXCEPTIONS: Subd. 1. Connection Required: a. Existing Buildings: Any existing building designed for human habitation or in which plumbing facilities have been installed to provide domestic water for human consumption shall be connected to the Municipal water system. Existing buildings have until September 15, 1992, to comply with this Section. b. New Buildings: All new buildings constructed in Mounds View designed for human habitation or occupancy shall be connected to the Municipal water system for provision of domestic water supply. Subd. 2. Exceptions; Regulatory Provisions: a. Exceptions: Any existing building which is required to connect to the Municipal water system under Subdivision 1 hereof but which does not have access to a Municipal water main adjacent to the property on which such building is built shall not be required to connect to the Municipal water system until such time as a Municipal water main is constructed adjacent to such property. b. Testing Required; Water Quality: The owner of any property exempted under Subdivision 2a above shall be required to submit copies of certified test results to the City showing sample and test the well serving the property to have ensure that it has coliform organisms (mpn) of less than one and one-tenth (1.1) per one hundred (100) ml and to have less than one one-hundredth (0.01) mg/liter of nitrate nitrogen. Testing shall be required once each year, during the month of June, and performed by a qualified testing company. Owner of property where test results do not meet the above requirements shall notify the Building Official within 72 hours of discovery. c. Treatment Equipment: Any well which cannot meet the requirements listed in Ordinance 955 Chapter 900 City Code 2 Subdivision 2b above shall be required to have equipment attached which is capable of reducing the contaminants listed to acceptable levels for all faucets used for human consumption. This equipment may be a central unit or separate units located at each faucet used for consumption. Copies of equipment specifications and certified test of the units shall be submitted to the City Building Official for approval. SECTION 2. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.02 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.02: APPLICATION FOR CONNECTION; FEES: Subd. 1. Application for Connection: No person shall make any type of connection to the Municipal water system, except upon making an application therefor on a form provided by the Municipality and receiving a permit issued by the Municipality for such purposes. The application shall include the legal description of the property to be served, the uses for which the connection is requested, and the size, type, and alignment of the service line to be used, and any other pertinent data, as requested by the Building Official. The person might also have to make application for a right-of-way permit if any work is located within the public right-of-way. Subd. 2. Implied Consent: Every person applying for water service and every owner of property for which any such application is made shall be deemed, upon making such application, to consent to all rules, regulations and rates set forth in this Chapter and such further rules, regulations and rates as may thereafter be set forth and adopted by the Council pursuant to resolution or ordinance. Subd. 3. Fees 1: At the time of making such application, there shall be paid to the Finance Director/Treasurer the following fees for the following purposes: a. No connection shall be made to the Municipal water system by any person until that person has paid their full and proportionate share of said system, which share shall be payable as follows: (1) For service to property to which service lines have not been previously run from the street laterals to the property line, the user shall supply obtain a corporate shut- off and curb stop of a type approved by the Municipality from the Director of Public Works/City Engineer, or its designee, upon payment of the associated fees and costs. (2) For service to property to which service lines have been previously run to the property line but which have not been paid for, the user shall pay in cash or agree to pay charges in the form of special assessments to be levied against the property to be spread over a number of years coincident with the maturity requirements of any special improvement bonds sold for the purpose of financing the construction of the 1 See subdivision 906.03(2) of this Chapter for additional fees and permits. Ordinance 955 Chapter 900 City Code 3 Municipal water system serving the property. Said cash payment or assessment charge shall be in the principal amount of not less than the payments made by or charges placed against comparable properties for like services in an amount as may be established by the Council. Payment to the Treasury in the form of a special assessment charge shall be in the form of equal annual installments together with interest on the unpaid balance, from year to year, which interest shall be computed at a rate specified by the Council. b. Buildings that were in existence at the time of the water main installation and that have not hooked up to the water system must also pay a late hook up charge of one hundred dollars ($100.00). SECTION 3. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.03 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.03: CONNECTION CONSTRUCTION REQUIREMENTS: Subd. 1. Performance of Work: All connections to the Municipal water system shall be performed by a plumber licensed to do plumbing in the Municipality or by a pipelayer licensed to perform utility site installation in the Municipality; except, that nothing in this Chapter shall be construed as to prohibit an individual owner from obtaining a permit and installing such connection from the property line to the building by their own labor; provided, however, that said construction is conducted under the regulations of this Chapter and requirements of the Director of Public Works/City Engineer and Building Inspector Official. Subd. 2. Excavations 1: a. No street or other excavation shall be undertaken except by permission of the Municipality and in accordance with the Chapter 910 of the Mounds View City Code. b. All service line installation work or repair or connections to the Municipal water system, including grades, bends and backfilling, shall be performed under the direction and supervision of the Building Inspector to the requirements and satisfaction of the Director of Public Works/City Engineer, or its designee. No work shall be covered or backfilled until directed approved by said Inspector the Director of Public Works/City Engineer, or its designee. c. All work and excavating activities shall be protected by barricades, and warning markers and lights, and other traffic control devices reasonable and suitable to the purpose of protecting public safety. d. The Municipality and its employees shall be held harmless for any claim or loss as 1 See also Chapter 902 of this Title. Ordinance 955 Chapter 900 City Code 4 might otherwise arise for damage, loss or injury caused by or arising by reason of such work being performed. Subd. 3. Construction of Connections: Before proceeding with the construction, enlargement, alteration or repair of any water line connecting the Municipal water system to any house or building, the owner or an agent shall fulfill the following requirements: a. Obtain from the Municipality a water connection permit, the fee for which shall be established by resolution of the City Council. The Building Inspector Director of Public Works/City Engineer, or its designee, shall examine all applications for water connections before construction. b. Whenever a new water connection is constructed, the owner shall pay to the Municipality a trunk, source and storage contribution as established, from time to time, by resolution of the City Council. Such contributions shall be reserved solely for the purpose of funding construction, replacement, modification or major maintenance of water trunk lines, wells, towers or reservoirs and the debt service thereon as specifically authorized by the City Council. Subd. 4. Requirements: There shall be installed in every connection to the Municipal water system one (1) stop and waste valve which shall be installed at a point between the curb stop and on both sides of the water meter so that the water may be turned off and the meter and house plumbing entirely drained. There shall be installed another stop and waste cock in the pipe on the house side of the meter. All service pipes connected to the Municipal system shall meet material and installation standards set forth by the Director of Public Works/City Engineer and Building Officialbe of a Type K (3E) copper tube and 3D fittings a minimum of three-fourths inch (3/4”) inside the diameter of its approved equal and shall be laid at a depth not less than six and five-tenths feet (6.5’) below the established grade or as low as the street mains. Subd. 5. Final Inspection: After the construction, enlargement or alteration is complete, the Building Inspector Director of Public Works/City Engineer, or its designee, shall be notified for the final inspection. It shall be unlawful to cover any connecting line until an inspection has been made and such connection and the work incident thereto has been approved by the Municipality. SECTION 4. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.04 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.04: WATER METERS: Subd. 1. Water Meter Installation; Responsibility for Costs: Before any water conveyed through the Municipal water system shall be used or utilized on the land or premises of any Municipal hydrant by any person, there shall first be installed a water meter with remote reader that will accurately measure the water consumed on the premises, except and unless Ordinance 955 Chapter 900 City Code 5 such installation shall, be exempt by the Municipality. The applicant for a new water service shall pay to the Municipality, at the time of the application, the amount to be established by resolution of the City Council equal to the cost of a water meter with remote reader. Subd. 2. Installation Specifications: a. All water meters and remote readers installed in residences under the provisions of this Chapter shall be five-eighths inch (5/8ths”) in size and shall be purchased from the Municipality in the size and type approved by the Director of Public Works/City Engineer, or its designee. All commercial and industrial meters shall be furnished by the owners of said properties and shall be of a type approved by the Municipality Director of Public Works/City Engineer, or its designee. b. All water meters shall hereafter be installed at the point the water service enters the structure and, if possible, this location shall be next to a floor drain. All remote readers shall be installed on the exterior of the structure at a point approved by the Building Inspector Director of Public Works/City Engineer, or its designee. c. Every water meter hereafter installed shall be sealed by or under the direction of the City Administrator Director of Public Works/City Engineer, or its designee, and no person shall break or remove such seal; provided, however, that a plumber licensed by the Municipality may break such seal or remove such meter for necessary repairs 21. d. All water meters hereafter installed shall be accessible to the City Administrator or a designee Director of Public Works/City Engineer, or its designee, at any reasonable hour of any business day, and the refusal of admission by any owner or occupant of any premises wherein a water meter is installed after notice shall constitute a violation of this Chapter. Individual property owners may request the opportunity to hire a private licensed plumber to install the water meter or otherwise perform work to the water meter required by the Municipality. Any property owner requesting this option must do so in writing to the City Administrator or a designee Director of Public Works/City Engineer, or its designee, at least forty eight (48) hours prior to the scheduled installation or maintenance of the water meter. The private plumber must be duly licensed prior to performing any work on the water meter. After installation or maintenance of the water meter, the licensed private plumber must submit a report to the Municipality showing compliance with all applicable codes. In an emergency the Municipality may require immediate entry onto the property by Municipal designees employees or agents. Subd. 3. Testing and Repairs: a. All applications for the maintenance and repair of water meters shall be made to the City Administrator or a designee Director of Public Works/City Engineer, or its designee. 1 See subdivision 906.04(3)b of this Chapter for removal and repairs. Ordinance 955 Chapter 900 City Code 6 b. Said meters shall be tested and repaired, from time to time, as is necessary to insure accurate measuring of the flow of water; except, that whenever a meter has been damaged due to negligence on the part of persons other than the Municipal employees of the City Water Department, the owner, occupant or user of the premises or such other persons desiring the use of the water shall reimburse the Water Department Municipality for the expense of testing, repairing, or replacing any such meter and for the cost of testing any meter exceeding five-eighths inch (5/8”) in size. Upon failure to reimburse the Municipality within a reasonable time and upon demand therefor, the water service and supply to said premises may be shut off or discontinued as determined to be in the best interest of the Municipality. c. In all cases where a seal is broken or a meter is removed by a licensed plumber, such plumber shall notify the City Administrator Director of Public Works/City Engineer, or its designee, of the fact within twenty four (24) hours after the seal is broken or the meter is removed. Whenever any seal attached to a water meter by or under the direction of the City Administrator Director of Public Works/City Engineer is found broken, the broken condition of such seal shall be prima facie evidence that such seal was broken contrary to the terms and provisions and in violation of this Chapter. Subd. 4. Liability for Repairs: After the initial connection has been made to the water main, the applicant or the occupant or other user of such premises shall be liable for, but the City may perform, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, all leak-associated repairs between the water main and the structure located on the premises. It shall be in the sole discretion of the City to repair or replace the leaking water service line. The City may, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, also repair or replacement of any broken, leaking or malfunctioning curb stop boxes. This policy permitting City repair between the water main and structure located on the premises shall be funded by an additional utility fee. The City Council shall establish and adopt this utility fee by resolution annually and shall set forth any eligibility requirements and opt-out provisions therein. This service shall be provided to all single family, duplexes, fourplexes and townhouses. Large apartment complexes and commercial properties are not included in this policy. For any repairs performed by the City, the City shall not be responsible for the restoration of the excavation site, including, but not limited to seeding or placement of sod, trees, shrubs, flowers, underground irrigation or any other improvements not specifically mentioned herein which may be disturbed, destroyed or removed during the repair or replacement of the water service. The Municipality shall provide, in its sole discretion, only the initial repair or replacement of any impervious surface, should it be necessary in the performance of the repair of a leak or break of the property’s service. Responsibility for maintenance and protection of the curb stop box shall be that of the applicant, owner or occupant or other user of the premises, and it shall be the responsibility of said party to maintain the curb stop box at such height as will ensure that it will remain above the finished grade of the land or property. Nothing herein will prevent the Municipality from recovering the cost of repairs from the applicant, owner or other occupant or other user of such premises or any other party in the event it can be Ordinance 955 Chapter 900 City Code 7 established that said parties were the cause of the damages requiring the repairs. Subd. 54. Tampering with Meter Prohibited: It shall be unlawful for any person to tamper with, by-pass or in any manner whatsoever interfere with the proper use and functioning of any water meter within the Municipality. Subd. 6. Meter Testing on Request of Owner; Fees: Whenever a water user questions the accuracy of a meter not exceeding five-eighths inch (5/8ths”) in size and desires that the meter be tested, they shall pay a fee of twenty five dollars ($25.00) if the meter tests accurately within a range of minus three percent to plus one and one-half percent (-3% - +1-1/2%). The testing of water meters exceeding five-eighths inch (5/8ths”) in size shall be regulated by Subdivision 3b hereof. If it is not accurate within this range, no charge will be made for testing, and an adjustment on the water bill will be made for testing and an adjustment on the water bill will be made for the period of time that the meter is assumed to be inaccurate as determined by the Municipality. SECTION 5. The City Council of the City of Mounds View hereby amends Title 900, Chapter 906, Section 906.06 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 906.06: LEAK IN SERVICE LINE: Subd. 1. After the initial connection has been made to the water main, the owner, occupant or other user of such premises shall be liable for, but the City may perform, in its sole discretion and subject to the receipt of permission and a right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, all leak-associated repairs between the water main and the structure located on the premises. It shall be in the sole discretion of the City to repair or replace the leaking water service line. The City may, in its sole discretion and subject to the receipt of permission and any right of entry agreement, except in cases of emergency affecting the public health, safety and welfare, also repair or replacement of any broken, leaking or malfunctioning curb stop boxes. Said repairs by the City shall be funded by an additional utility fee. The City Council shall establish and adopt this utility fee by resolution annually and may set forth any eligibility requirements and opt-out provisions therein. This service shall be provided to all single family, duplexes, triplexes, fourplexes, and townhouses. Large apartment complexes and commercial properties are not included in this policy. For any repairs performed by the City, the City shall not be responsible for the restoration of the excavation site, including, but not limited to seeding or placement of sod, trees, shrubs, flowers, underground irrigation or any other improvements not specifically mentioned herein which may be disturbed, destroyed or removed during the repair or replacement of the water service. The Municipality shall provide, in its sole discretion, only the initial repair or replacement of any impervious surface, should it be necessary in the performance of the repair of a leak or break of the property’s service. Responsibility for maintenance and protection of the curb stop box shall be that of the owner, occupant or other user of the premises, and it shall be the responsibility of said party to maintain the curb stop box at such height as will ensure that it will remain above the finished grade of the land or property. Nothing herein shall Ordinance 955 Chapter 900 City Code 8 prevent the Municipality from recovering the cost of repairs from the owner, occupant, or other user of such premises or any other party in the event it can be established that said parties were the cause of the damages requiring the repairs. Subd. 2. Any owner, occupant or user of a premises who shall discover a leak in a service line to the premises shall notify the Municipality within twenty four (24) hours. Any water wasted due to failure of such person to comply with this regulation shallmay be estimated by the City Administrator, or its designee, and be charged for against the user at such premises at the established rate. SECTION 6. The City Council of the City of Mounds View hereby amends Title 900, Chapter 909, Section 909.06 of the Mounds View Municipal Code by adding the double-underlined material and deleting the stricken material as follows: 909.06: SPECIAL ACTIVITIES: Subd. 1. Swimming: a. No person may bathe, wade or swim in any open space waters or at any Mounds View beach except in such areas specifically designated for such use, and only at such times when a “beach open” sign is posted and an authorized lifeguard is on duty. b. No person may bathe, wade or swim at any beach except when dressed in bathing attire which is socially acceptable and conducive to water safety. c. No person may use at any beach any inner tube, water wings, raft, U.S. Coast Guard- approved life jackets when properly attached or other inflatable or buoyant object except if parents or a guardian adult is in the water with the child and is within arms reach. d. No person may possess, carry onto or scatter on any beach, any glass container, broken glass, metal can, or other debris which could be a safety hazard. e. No person having custody of any animal may permit the animal to enter any beach area during the swimming season so established by the Director. f. No person may launch, dock or operate any watercraft in any designated swimming area. g. No person may violate rules of Lakeside Park. Subd. 2. Bicycling: a. No person may ride or operate a bicycle in any open space site except on designated bikeways or surfaces normally provided for vehicular traffic. b. No person may ride or operate a bicycle in violation of Chapter 169, Minnesota Ordinance 955 Chapter 900 City Code 9 Statutes. Persons riding a bicycle must observe and obey all traffic and directional signs. c. No person may ride or operate a bicycle in any open space site except in a prudent and careful manner, and unless such person shall be capable of effective control and operation of said vehicle. Pedestrians and motorized vehicles shall have the right of way where a bikeway intersects pedestrian trails or roadways. d. No person may ride or operate a bicycle in any open space site faster than is reasonable and safe, with regard to the safety of the operator and other persons in the immediate area. e. No person may ride or operate a bicycle in any open space site thirty (30) minutes after sunset and thirty (30) minutes before sunrise without appropriate front and rear lighting. f. All bicycle riders must remain in single file and proceed in the extreme right hand lane of a drive or bikeway at all times except when passing another vehicle or bicyclist parked or traveling in the same direction. g. Bicycles must be parked in locations, wherever provided, set aside specifically for their storage. Subd. 3. Golf: a. No person or group of persons or organization may play golf or hold a tournament or use any golf course or practice range under the jurisdiction of the City without having procured a permit or green fee receipt from the Director or Director’s representative. b. No person may drive, putt or, in any other manner, play or practice golf except in areas specifically designed for such use. c. Valid permits or green fee receipts issued by the Department must be carried on the player, or group representative, and must be exhibited upon demand by the Director or Director’s representative. d. Golfers must be attired in accordance with the rules posted at the golf course. e. No person may tamper with any irrigation system, tee marker, green flag, or maintenance equipment. f. No person may sell any merchandise on any golf course except those concessionaires authorized by the Director. g. Entrance to or exit from any golf course must only be through designated access points. Ordinance 955 Chapter 900 City Code 10 Subd. 43. Boating: a. No person may on any lake, pond or stream within the City use any mechanically propelled watercraft unless being used for emergency rescue or the maintenance of the lake, pond or stream. b. No person may operate any watercraft on any open space waters contrary to or in violation of State law. c. No person may operate, row or paddle a boat, canoe or other watercraft on any open space waters unless able to handle the same with safety to themselves, other occupants, or in such manner as not to annoy or endanger the occupants of other boats. d. No person may leave any watercraft unattended except in areas specifically designated for mooring, anchoring or beaching. e. No person may operate watercraft within an area which has been designated as a swimming area. f. No person may drop or throw from any watercraft garbage, litter or other debris. g. All watercraft launched from a system facility or operating on open space waters must have a Coast Guard-approved life preserver for each occupant. h. No person may operate any watercraft in a careless or reckless manner. Subd. 54. Motorized Recreation Vehicle: a. No person shall operate a motorized recreation vehicle within any open space site except in such areas specifically designated for such use. b. No person may operate a nonlicensed vehicle on any parkway or other roadway within an open space site. c. No person may place any vehicle for sale or exchange on park property. d. No person may wash, grease, repair, change oil or maintain in any way a vehicle except as necessary in an emergency. Subd. 65. Camping: No person may establish or maintain any camp or other temporary lodging or sleeping place in any open space site. SECTION 7. The City Council of the City of Mounds View hereby amends Title 900, Chapter 909, Section 909.07, subdivision 10 of the Mounds View Municipal Code by deleting the stricken material as follows: Subd. 10. Loitering: Ordinance 955 Chapter 900 City Code 11 a. No person over the age of six (6) may enter any comfort station or restroom, washroom or toilet facility set apart or designated for the opposite sex. b. No person may lurk or loiter in or around any toilet facility or other system structure except to use such facility for the purpose of which it is intended. SECTION 8. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On March 11, 2019, the City Council adopted Ordinance 955 that amends Title 900, Chapters 906 and 909 of the Mounds View City Code. The purpose of the amendment was to modify certain city regulations related to public ways and property, including parks and the municipal water system, remove outdated and unnecessary code language, and update the code to conform to current practices. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.moundsviewmn.org. SECTION 9. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on February 25, 2019. Second Reading and Adoption by the Mounds View City Council on March 11, 2019. Publication Date: March 22, 2019. Carol A. Mueller, Mayor Attest: ______________________________ Nyle Zikmund City Administrator (SEAL) Item No: 8C Meeting Date: February 25, 2019 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Don Peterson, Public Works Director Item Title/Subject: Resolution 9086 Approving the Feasibility Study for the 2019 Street Project and Authorizing Plans and Specifications Background/Discussion: The City is in the process of rehabilitating streets throughout the City that were not included in the 2007 Street Rehabilitation Plan. The 2019 proposed project includes Woodale Drive from Mound View Boulevard to Edgewood Drive, along with Silver View Park parking lot and the SBM Station #1 parking lot. (NOTE: The Silver View Parking lot will be completed before the 2019 Festival in the Park.) The Spring Lake Park, Blaine and Mounds View Fire Department (SBM) has also asked if the City would assist with coordinating the rehabilitation of the parking lot at Fire Station #1 located at 1710 County Highway 10 in Spring Lake Park in conjunction with the 2019 Street Project. This will be a bid alternate on the documents and should SBM agree to the cost, they will be funding this portion. A joint powers agreement has been submitted to the attorney for review. Woodale Drive from Mounds View Blvd. to Edgewood Drive is approximately 1,800 feet in length. The street segment has concrete curb and gutter (MN/DOT Design B618) with a bituminous pavement surface measuring 33-feet wide average back - to - back of curb. Woodale was constructed in 1968. This street segment serves several companies ranging from industrial, light commercial, along with the Allina Ambulance Service. There are also seven residential properties on the South side of Woodale Drive, along with Edgewood Middle School on the North. Maintenance has included seal coating, pothole patching and skim coating as needed. The current pavement is in poor condition with significant surface patching, potholes, and moderate to high severity traverse cracking; curb and gutter is in fair to good condition. American Engineering Testing, Inc. (AET) performed geotechnical and pavement evaluation services on behalf of the City for Woodale Dr. and the Silver View Park- parking lot. AET provided recommendations for pavement rehabilitation and design. Stantec Consulting Services has reviewed and made further recommendations for the rehabilitation of Woodale Drive, Silver View Parking Lot and SBM Fire Department Station #1 parking lot. The City Council has taken the following steps for the 2019 Street Project: • November 13, 2018 City Council Authorize Feasibility Further Discussion: At the February 4, 2019 Council Work Session a proposal was received for an additional sidewalk on the South side of Woodale Drive. Edgewood Middle School will also be performing a remodeling project and approached the City regarding the extension of the sidewalk from Edgewood Drive to a new driveway off of Woodale Drive. A notice was mailed to the property owners indicating that the City Council will be discussing this and that property owners would have input on the proposed street design. The proposed street design would have a 13’ drive lane in each direction and a 6’ sidewalk on the South side of the street, directly behind the curb. This proposed design would eliminate parking on the North Side of Woodale Drive. Strategic Plan Strategy/Goal: Maintain and Plan for Infrastructure Improvements. Financial Impact: 2019 CIP-budgeted estimate of $800,000 for Woodale Drive and $100,000 for the Silver View Park parking lot was placed in the budget. No additional transfer of funds is necessary. The following dates would be followed for the street project: • February 25, 2019 - Approve the Feasibility Study. Approve the Plans and Specifications and authorize bidding. • March 27, 2019 - Receive the Bids. • April 8, 2019 - Award Contract for the Construction. • Construction to begin in the Spring of 2019. Stantec’s design will be based on the Feasibility Report accepted February 25, 2019, and the AETs geotechnical and pavement evaluation. Improvement costs for Woodale Drive, Silver View Park parking lot and the SBM Fire Dept. Station #1 parking lot. Recommendation: Staff recommends the City Council receive any comments from residents that are present at the Council meeting. Staff further recommends the City Council adopt the attached Resolution approving the feasibility study and authorizing Stantec Consulting Services, Inc. to complete plans and specifications for the 2019 Street Project which includes Woodale Drive from Mounds View Boulevard to Edgewood Drive, the Silver View Park - parking lot and SBM Fire Dept. Station #1 parking lot. Staff also recommends going out to bid with the completed plans and specifications for this project. Respectfully submitted, Don Peterson Public Works Director RESOLUTION NO. 9086 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE FEASIBILITY STUDY FOR THE 2019 STREET PROJECT AND AUTHORIZING PLANS AND SPECIFICATIONS WHEREAS, the City of Mounds View is considering the 2019 Street Project to include Woodale Drive, from Mounds View Boulevard to Edgewood Drive, along with the Silver View Park – parking lot and the SBM Fire Department, Station 1- parking lot; and WHEREAS, the Spring Lake Park, Blaine and Mounds View Fire Department (SBM) has also asked if the City would assist with coordinating the rehabilitation of the parking lot at Fire Station #1 located at 1710 County Highway 10 in Spring Lake Park in conjunction with the 2019 Street Project. This will be a bid alternate on the documents and should SBM agree to the cost, they will be funding this portion. A joint powers agreement has been submitted to the attorney for review; and WHEREAS, this project will include pavement rehabilitation, and necessary concrete improvements; and WHEREAS, at the February 4, 2019 Council Work Session a proposal was received for an additional sidewalk on the South side of Woodale Drive. Edgewood Middle School will also be performing a remodeling project and approached the City regarding the extension of the existing sidewalk; and WHEREAS, the City Council has approved the feasibility study and authorized plans and specifications; and WHEREAS, the estimated total cost of the improvement derived from the feasibility study is $900,000; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View approves the feasibility study and authorizes plans and specifications for the 2019 Street Project from Stantec Consulting Services, Inc. The City Council further approves going out to bid with the plans and specifications. Adopted this 25th day of February, 2019 Carol A. Mueller, Mayor ATTEST: Nyle Zikmund, City Administrator (SEAL) 556015v2 SJR MU125-11 Kennedy 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis MN 55402-1458 (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com Affirmative Action, Equal Opportunity Employer Graven C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: February 20, 2019 To: Nyle Zikmund, City Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report CITY: MU125-11: Administration. General discussions with City staff regarding various City matters and various questions. Research regarding records retention matters. Consult with City staff regarding same. Consult with City staff regarding possible notice of claim. Legal research regarding data request. Consult with City staff regarding data request. Matters are presently pending. MU125-32: Police Department Matters. Review and revise Police Department policies. Forward same to City staff. Consult with City staff regarding same. Matter is presently pending. MU125-68: Waste Hauler Matters. Review and consult with City staff regarding refuse hauler. Consult with City staff regarding same. Matter is presently pending. MU210-4: Charter Commission Matters. Research regarding finance issues and appointments. Consult with City staff. Attend meeting with City staff and Charter Commission Chair. Matter is presently pending. MU210-54: Code Update/Revisions. Consult with City staff regarding project. Review and revise City Code Chapters and forward proposed ordinances to City staff. Consult with City staff regarding questions about the Code. Matter is presently pending. & Nyle Zikmund February 20, 2019 Page 2 556015v2 SJR MU125-11 MU210-106: General Labor Matters. Consult with City staff regarding employee. Consult with City regarding Public Works policy annual and chain of command issues. Matter is presently pending. MU210-221: LMCIT/DVS General. Pursuant to a recent phone call from the League Attorney, the Kampschroer matter has been settled and awaiting final paperwork from the judge. The appeal period will start once the paperwork has been filed. Matter is presently pending. MU210-224: Tires N’More Matter. Review reports, etc. Research regarding options. Draft memorandum regarding matter and forward to City staff. Consult with City staff regarding matter. Participate in conference call. Matter is presently pending. MU210-258: K.D. Matter. Consult with City staff regarding benefits. Attend meeting regarding matter. Draft letter brief and submit to OAH. Order regarding matter has been received. Work with staff regarding strategy, etc. Matter is presently pending. MU210-259: Gray v. City of Mounds View, et al. Review pleadings. Consult with City staff regarding same. This matter has been tendered to the League of Minnesota Cities Insurance Trust. Matter is presently pending. MU210-262: Greenwood Drive Infill Development. Review documentation and consult with City staff regarding matter. Draft memorandum and forward to City staff. Consult with developer regarding matter. Attend Council Work Session. Matter is presently pending. MU210-263: Rain Gardens Matter. Review reports and consult with City staff regarding rain gardens. Legal research regarding matter. Draft memorandum and forward to City staff. Matter is presently pending. MU210-265: Minor Subdivision of 8456 Red Oak Drive. Review documentation, etc. Consult with City staff regarding same. Matter is presently pending. MU210-266: City Hall/Police Department Remodel. Draft professional services agreement and forward to City staff. Consult with City staff regarding matter. Matter is presently pending. MU210-268: 2832 Sherwood Road Variance Application. Review documentation. Consult with City staff regarding matter. Matter is presently pending. MU210-269: State of Minnesota, et al. v. Nelson Auto Center, Inc. Review documentation. Legal research regarding same. Consult with City staff regarding matter. Matter is presently pending. Nyle Zikmund February 20, 2019 Page 2 556015v2 SJR MU125-11 EDA: MU205-13: General Matters. Review policy, staff report and draft resolution approving strategic plan. Consult with City staff regarding matter. Matter is presently pending. MU205-46: Crossroad Pointe Redevelopment. Consult with City staff regarding project issues. Draft and revise purchase and development agreement and distribute to parties. Consult with City staff and developer and prepare for meeting. Matter is presently pending. MU205-47: MWF Housing Project. Consult with City staff and Developer regarding project matters. Review, revise and finalize LHIA grant documents. Compile documents for finance closing. Matter is presently pending. MU205-49: Skyline Motel. Review project proposal and documentation. Consult with City staff and various parties regarding project. Draft and finalize assignment agreement. Consult with consultant regarding relocation matters. Matter is presently pending. SJR:jms