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Agenda Packets - 1999/06/28
CITY OF MOUNDS VIEW REVISED COUNCIL AGENDA MONDAY, JUNE 28, 1999 7:00 PM CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. City Council Minutes, Monday June 14, 1999 5. SPECIAL ORDER OF BUSINESS: A. Presentation of 25 year Service Award to Jerry Johnson B. Presentation of 25 year Service Award to Gary Kardell C. Presentation of 20 year Service Award to Barb Benesch D. Presentation of 10 year Service Award to Steve Geringer E. Presentation of 10 year Service Award to Jeff Wienke F. Presentation of 5 year Service Award to Tim Fredburg 6. REPORTS 7. CONSENT AGENDA A. Approve Just and Correct Claims B. 1999-2000 Restaurant License Renewals C. 1999 Garbage Hauler License Renewals D. 1999/2000 License Renewals E. Contractor Licenses for Approval F. Set a Public Hearing for 7:05 pm, Monday, July 12, 1999 for the Introduction (First Reading) of Ordinance 632, an Ordinance Amending Chapter 1113 of the Zoning Code Pertaining to Permitted Uses within the B-2, Limited Business Zoning District G. Consideration of Resolution 5350, Authorizing Request for Variance to the Rules of the Municipal State Aid Division of the Minnesota Department of Transportation H. Consideration granting City authorization to Dave and Mary Peloquin to install a driveway surface at 8333 Groveland Road, two feet from City Property (Groveland Park). I. Set a Public Hearing and Second Reading of Ordinance 634, An Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations Within the City of Mounds View for July 12, 1999 at 7:25 p.m. 8. UNFINISHED BUSINESS 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. Please limit your comments to three minutes. 10. COUNCIL BUSINESS A. Public Hearing 7:05: for the second reading and consideration of Ordinance 628, an ordinance amending Chapter 1001 of the Mounds View Building Code pertaining to Contractors Licenses. C: VOANB\AGENDAS\CC\6-28-99.CC Page Two City Council Agenda June 28, 1999 11. 12. B. Public Hearing 7:10: for consideration of Resolution approving request of Merryville Farm Market to operate an outdoor produce sales stand at Moundsview Square. C. Public Hearing 7:15: for Second Reading of Ordinance 625 regarding a Limited Gas Franchise Agreement for Reliant Energy Minnegasco. D. First Reading of Ordinance 633, an Ordinance Implementing a Moratorium on Additional Franchise Agreements. E. First Reading of Ordinance 634, An Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations Within the City of Mounds View F. Public Hearing 7:30: for the second reading of Ordinance 630, Right of Way management G. Public Hearing 7:20: for Review of Streets Committee Report. H. Public Hearing 7:25: for Approval of Renewal intoxicating liquor licenses Consideration of Resolution 5344 approving a development review for a four-plex on vacant land at 7613-7619 Woodlawn Drive. Consider motion authorizing the Mayor and Clerk -Administrator to finalize the agreement with the YMCA for management of the Community Center, Parks and Recreation and to execute said agreement for and on behalf of the City. K. Consider motion approving insurance coverages for 1999-2000 (Insurance summary attached; Finance Director Kessel and Chuck and Matt Clysdale from the Maguire Agency to be in attendance). L. Consideration of Resolution 5347 approving the Ninth and Tenth rider to Agreement with St. Paul Water Utility to construct a bituminous path within the right-of-way on County Road I. Next Council Work Session: Next Council Meeting: ADJOURNMENT C AJOANB\AGENDAS\CC\6-28-99.CC Tuesday, July 6, 1999 - 7:00 PM Monday, July 12, 1999 - 7:00 PM June 24, 1999 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: June 28, 1999 City Council Meeting I regret I will miss the meeting on Monday, particularly since several employees will be acknowledged for service milestones. Some of these employees will receive their service awards at the golf outing on Friday, others may attend the meeting on Monday. If all can be recognized by the Council, that would be appreciated. The six listed here represent 95 years of experience with the city. As for the rest of the agenda, there are several public hearings, but most of them should be routine. Here's what we have: Item 10A - Public Hearing regarding Ordinance 628 Pertaining to Contractors Licenses: Council is familiar with this. Staff will be present to answer any questions. Item lOB - Public Hearing regarding Merryville Farm Market: This too has been reviewed by the Council and staff can respond to any questions. Item 10C - Public Hearing regarding Second Reading of Ordinance 625 Granting a Limited Gas Franchise Agreement to Reliant Energy Minnegasco: The Council discussed this at length at the work session and Bob Long was directed to pursue this as a limited agreement for this point in time. Bob can again explain all the details and nuances at the meeting Monday, but essentially this approach will limit Minnegasco to the Zepp and Realife properties. Expect NSP and Minnegasco reps to be at the meeting Monday, and you may begin to get phone calls from the Pioneer Press which is starting to more closely follow this item. Item 10D - First Reading of Ordinance 633 Placing a Moratorium on Additional Franchise Agreements: This was the second part of the discussion from Monday evening. This ordinance draft is not ready for the council packet, but Bob Long will bring copies to the meeting on Monday. Item IOE - First Reading of Franchise Fee Ordinance 634: This ordinance will allow the city to collect a franchise fee from the Minnegasco gas services allowed in ordinance 625. Currently, the NSP rate is at 2.5%, and the Minnegasco services should be the same. Item 1OF - Public Hearing regarding Second Reading of Right of Way Ordinance 630: Bob Long will present the issues regarding the right of way ordinance, and he may ask the Council to continue consideration of this ordinance into July in order to update some additional ordinances affected by this one. Item IOG - Public Hearing regarding Review of Streets Committee Policies: This is a public hearing for community reaction to the policies proposed by the Streets Committee last spring. Council members may want to bring their copies of the policies (reprinted as well in Mounds View Matters) for the discussion. Mary Malrick, Streets Committee Chair will be present, as will Mike Ulrich to respond to any questions. Mike also has done some work in anticipation of concerns about financing and construction. Since the Council has not spent its own time discussing the policies as of yet, I would suggest simply absorbing all the concerns expressed for your own debate and review at the July 6 work session, remembering the follow up public hearing on July 12. After the July 6 discussion, staff should be able to draft amendments to current ordinances and resolutions to reflect the consensus of the Council sometime thereafter. While an action approving any policy changes isn't needed immediately, it would be easiest to have them settled before we get too deep into the budget process, meaning September or so. Item lOH - Public Hearing regarding Renewal of Intoxicating Liquor Licenses: Some questions came up regarding problems with some liquor establishments. Cari Schmidt and Bob Long can address those issues Monday. Item 101- Resolution 5344 Regarding 7613-7619 Woodlawn Drive: Again another items discussed by the Council at the work session. Staff will present the issue. Item 10J - Approval of YMCA Management Agreement: Based on the discussion of last Monday, the proposed agreement is before the Council for its approval and authorization to the Mayor and administrator to sign the agreement. Item 1OK - Action Approving Insurance Coverages for 1999-2000: Bruce will review this item with the Council. Item IOL - Consideration of Resolution 5347 regarding St. Paul Water Utility and Path Construction: Mike will review this item with the Council. The bulls of the meeting work should end up being the gas franchise and streets policies items. Again sorry for being on vacation for this many agenda items, but staff should be up to speed on all items. I am appointing Mike Ulrich as Acting Administrator for the week and suspect everything will go swimmingly. Don't forget, the council is meeting at 6:30 with Brimeyer to review your choices for the police chief. I put my comments in your box regarding my preferences on this. Have a good week and Fourth of July weekend. Monday July 5 is the holiday, so our work session is on Tuesday night, July 6. See you then. CITY OF MOUNDS VIEW MEETING MINUTES MONDAY, JUNE 14,1999 7:00 P.M. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Quick, Stigney, and Thomason. NOT PRESENT: None. 3. APPROVAL OF AGENDA A. Monday, June 14, 1999 City Council Agenda Mayor Coughlin stated that, pursuant to discussion at the prior Council Work Session, Council had requested the addition of the item of Agenda Approval to the agenda, to provide the opportunity to amend the present agenda. Mayor Coughlin asked the Council if anyone would like to add items to the agenda. No additional items were considered. MOTION/SECOND: Marty/Stigney. To accept the June 14, 1999 City Council agenda as presented. Ayes - 5 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, May 24, 1999 City Council Minutes Council Member Marty requested that the word "a" be omitted from the first paragraph, last sentence of Item 9A. Council Member Marty requested that Item 12 be corrected to indicate "Acting Mayor Stigne adjourned the meeting at 9:35 P.M. Council Member Stigney requested the correction of the spelling of the word "resolve" in the first paragraph of Page 4. Council Member Stigney requested that the first and last sentence of paragraph 4, Page 4, be corrected to indicate Zee Manufacturing. Mayor Coughlin stated that, as he was not present at the May 24 Council Meeting, he would abstain from voting. C A\ADMIN\MINUTES\CC\6-14-99.CC MOTION/SECOND: Stigney/Thomason. To accept the May 24, 1999 City Council minutes as corrected. Ayes — 4 Nays — 0 5. SPECIAL ORDER OF BUSINESS None. 6. REPORTS Council Member Thomason had no report. Abstain — 1 (Coughlin) Motion carried. Mayor Coughlin reported that he attended the Ramsey County League of Local Government meeting. He noted several statistics which were brought forward at the meeting, one being that the population of the state of North Dakota had decreased to the level of the frontier days. He stated that the topics of discussion were urban sprawl and demographics in the Metropolitan area and statewide. He stated that they had discussed the function of urban sprawl, and that stereo typically, the higher income, higher educated population tended to locate toward the outer rim of the cities, which left the older, less educated population in the inner rim suburbs and core cities. He stated that this created a strain on the intra -structure in that the higher earning population are moving out, leaving those who are expected to get beyond their maximum earning years to face the problems of deteriorating roads and schools. Mayor Coughlin stated that immigration levels in the Twin City Metro Area are at a high point, comparable to those of 1910 —1920, and that between 10 and 13 percent of the total population increase is in immigration. He stated that there are two groups of immigrants moving here in great numbers. One group, he noted, are the Southeast Asian, (Mung), and that fully one-third of the Mung population in the United States live in the Metropolitan area. He stated that one-half of all immigrants from Somalia who live in the United States reside in the Metropolitan area. Mayor Coughlin stated that he found the meeting fascinating and encouraged the Council Members and members of the public to attend in September, when they will be presented again. Mayor Coughlin reported that he had recently attended a round table session of the Suburban Chamber of Commerce, a multi -city chamber representing business interests, and that they had discussed the needs of the inner cities and first string suburbs. He stated that they had discussed the unique situations posed by some of the older developed areas, as opposed to areas where the tax base is increased, sometimes on a monthly basis, and dealing with a plateau of business interests in these suburbs that are focusing more on redevelopment issues. He stated that he found this to be an enjoyable and dynamic meeting, with some of the Mayors and business leaders of the area in attendance, and encouraged members of the Council to attend as well. Council Member Marty reported that he had attended the Parks and Recreation Committee meeting, which was an open meeting, with Mounds View residents surrounding Silverview Park, and the Parks and Recreation Commissioners in attendance. He stated that all of the residents C AADM1N\MINUTES\CC\6-14-99.CC who spoke regarding paving of the trail surrounding the pond were in favor of it, and that there was no negative input regarding the paving project. He stated that there were inquiries regarding the amount of time it would take to accomplish the paving project, and that he had offered to bring the issues forward at the Council meeting, and request that the project be added to the agenda, in an effort to expedite the process. He stated that 13 to 14 years ago, a task force had been created to gather information on the issues. He stated that there were questions regarding keeping the path above the water level, and the suggestion that a boardwalk be constructed in areas that are sensitive to flooding, noting that some areas along the southern edge of the park are at a lower elevation level. He stated that there were questions regarding keeping the path plowed in the winter, to allow use at that time. He stated that there was continuing discussion regarding the possible construction of a bridge across Silverview Pond, and the suggestion that the Army Corps of Engineers might construct the bridge as an exercise, to assist in offsetting the expense of the construction. He stated that there was interest regarding stocking the pond with fish, and noted that the pond was too shallow to support fish in the wintertime, and would have to be fished out. He stated that the On -Site Manager for Scotland Green was present and that her only comment was in regard to learning the time -line for completion of the project. He stated that they had also discussed landscape, the two half -court basketball courts, which should be completed soon, and gym amenities, noting that the children's lockers had arrived and would be installed in the near future. He stated that they were still pursuing the refrigerator, which was to be donated by Steve's Appliance. Marty stated that the four safety bases for softball were in place. He stated that some of the goals used for the disk (frisbee) golf had been stolen or vandalized, and that six of these would be replaced. Council Member Marty noted that the Council had decided to keep the Woodcrest playground equipment on-site, and shift it to higher ground at the northeast corner of the park. He stated that the Parks and Recreation Committee had commented to him that they should have been given the opportunity to make a recommendation and then forward it to the Council. Mayor Coughlin stated that the Council had not taken official action on the playground equipment, and that the Parks and Recreation Committee was not precluded from making the recommendation. He stated that he would prefer that the issue go before the Parks and Recreation Committee as they may be aware of aspects of the equipment that the Council is not aware of. Council Member Marty continued, stating that there were two options regarding the proposed changing rooms. He stated that the permanent option would be to install solid plastic stalls to match the restroom stalls, at the cost of $4,188, and the second, temporary option would be baked enamel metal stalls, at $2,660. He stated that he was not certain that a decision had been made, but believed the Committee was leaning toward the temporary option. He stated that a new item of consideration was to install showers at the Community Center, adding that the lack of showers would be a hindrance to scheduled tournaments and other activities. He stated that the sand volleyball lighting at City hall was discussed at the meeting, as well as the pathway connection from Silver Lake Road to the park. He stated that there was discussion regarding the replacement of the drinking fountains at Hillview Drive, Groveland Road, and City Hall. Council Member Marty stated that there was discussion of the possibility of a path next to Woodcrest Park, from Woodcrest Road to County Road I and running parallel to Silver Lake Road. He noted that the cost of constructing the path would be covered under the Park C AADMIN\MINUTES\CC\6-I 4-99.CC Dedication Plan. He stated that the Parks and Recreation Committee had asked him to revisit the possibility of a pedestrian bridge crossing Highway 10, and that they thought it would be necessary at that location in light of the pedestrian traffic surrounding the Community Center and Theater project. He stated that other items of less priority were also discussed at the meeting. Mayor Coughlin stated that he had expressed interest in the pedestrian bridge at Highway 10 at the previous Work Session, and noted that the item could be added to the agenda upon the agreement of three or more Council Members. He stated that he and Council Member Marty would agree to discuss the subject at the next Work Session, and asked the Council if anyone else would care to add the item to the next Work Session Agenda. Hearing no other Council Member in favor of discussion of the matter at that time, Mayor Coughlin stated that the item would not be added to the next Work Session Agenda. Mayor Coughlin expressed his thanks and appreciation to Council Member Stigney for chairing the City Council Meeting and assisting him with his official duties in his absence. Council Member Quick had no report. Council Member Stigney reported that he had attended a Charter Commission Meeting. He stated that the Charter Commission's by-laws were updated at the meeting, and that there was unanimous approval of the by-law changes. He added that the attendance at the meeting was very good. City Administrator Whiting reported that he had attended the annual Chamber lunch at the Mounds View Community Center on behalf of the Mayor and the City Council. He stated that one of the Business of the Year Awards had been presented to the Animal Clinic located at Mounds View Square, and extended his congratulations to them on this award. He stated that the following day he attended a session conducted by Kennedy and Graven in Brooklyn Park, which wrapped up numerous issues from the Legislative Session. He stated that a Bonding Bill was passed in regard to trail grants and funding, and that he had forwarded this information to the Community Center, and had provided copies to the Council Members and the Administrative Office which was available for review. Mayor Coughlin expressed his appreciation to City Administrator Whiting for his assistance during his absence. City Attorney Long reported that he had been communicating with Representative Haake's office, and a tentative meeting has been scheduled for July 13, at 3:30 p.m. at the State Office Building. He stated that they were attempting to arrange a meeting of all the representatives involved in the Reliever Airport discussion, including Speaker of the House Steve Sviggum, Majority Leader Tim Pawlenty, Ted Mondale and the new Chair of the Metropolitan Airport Commission. He stated that Representative Haake would be sending correspondence, co-signed by Representatives Peg Larson and Erik Paulsen, directly to Ted Mondale and the New Chair of the Metropolitan Airport Commission, asking those two bodies to refrain from taking any further action on any proposed updates of any plans to any of the airports until either the negotiations with the legislators conclude, or the end of the 2000 Session, since there are currently two bills C:\ADMIN\MINUTES\CC\6-14-99.CC pending before the two bodies. He stated that it is hoped this would result in the two newly appointed bodies deferring to the legislative discussion. He stated that if this was agreed to, it would provide for either successful negotiation, or an extension of time. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims B. Set a public hearing for 7:05 p.m., Monday, June 28, 1999, for the second reading of Ordinance 628, an ordinance amending Chapter 1001 of the Mounds View Building Code pertaining to Contractors Licenses C. Set a public hearing for 7:10 p.m., Monday, June 28, 1999, for consideration of resolution regarding request of Merryville Farm Market to operate an outdoor sales stand at Moundsview Square D. Set a public hearing for 7:15 p.m., June 28, 1999, for Second Reading of Ordinance 625 regarding the Reliant Energy Minnegasco Franchise E. Set a public hearing for 7:20 p.m., June 28, 1999, and 7:20 p.m., July 12, 1999 for Review of Streets Committee Report F. Set a public hearing for 7:25 p.m., June 28, 1999, for Approval of renewal intoxicating liquor licenses G. Set a public hearing for 7:30 p.m., June 28, 1999, for the second reading of Ordinance 630, Right of Way management Mayor Coughlin asked the Council if anyone would like to remove items for discussion. MOTION/SECOND: Marty/Quick. To approve the Consent Agenda for items A, B, C, D, E, F, and G as listed above. Ayes — 5 Nays — 0 Motion carried. 8. UNFINISHED BUSINESS None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Cam Obert, 8315 Greenwood Drive, stated that this was his first appearance before this Council. He spoke in regard to the passing of Bill Fritz, who, he stated, was a torch bearer of the community of Mounds View for many years and was a very knowledgeable man and a treasure to the community. He stated that Mr. Fritz had held the City to his own set of standards, and added that, in his absence, the City would require a replacement. He stated that, although he was not volunteering for the position, he hoped that someone from the community would step forward. He stated that, in regard to this Council, and particularly those newly elected, many platforms in the election had run on open government and open communication, and expressed that he had been disappointed. He stated that, at staff and the Council's convenience, he would C A\ADMIN\MINUTES\CC\6-14-99.CC like to know the background of events leading up to the "mess" surrounding Everest; the meetings that took place prior to that, and what led up to the confrontation in Council's Chambers. He also requested information on the background of the billboard issue, stating that they were entitled to know who was involved, and the times and dates of the meetings. He requested clarification as to "what makes things tick in the City." He stated that upon viewing the television broadcasts of the meetings, he wondered where the issues originated and why they were happening. He stated that the City needed someone to hold the Council accountable in regard to promises made last fall, and would like to be kept abreast of the issues. He added that they had a great staff, and that he knew that the City appreciated them. Mayor Coughlin stated that the flag had been flown at half-staff upon hearing of Mr. Fritz's passing, in honor and recognition of his contribution to the community. He stated that, in regard to the billboard issue, it had been suggested earlier in the year as a possible means to procure additional funding for City processes, and to assist in bolstering the financial standing of the golf course. He noted that although the golf course was "in the black" at this time, the City had assumed an accelerated loan whose amount was accruing and would require re -payment. He stated that the billboard issue was being explored as one possible means to provide a buffer for this loan. He added that the billboard issue was still in the process of being discussed by both the Planning Commission and the City Council, and that staff was continuing to explore the issue. Mayor Coughlin recommended that Mr. Obert continue to observe the meetings on television to ascertain the results of their investigation and discussion, and learn in tandem with the rest of the Council Members. Vicki Kluck, 5467 Adams Street, stated that she and her neighbors had been experiencing problems with a neighbor residing at 5464 Adams Street. She stated that Council Member Thomason, as well as several police officers, were aware of the situation, and that she and her neighbors would like to know if there were any legal processes available to help alleviate the problems of foul language, unlicensed vehicles, and others. She stated that the neighbor in question was the owner of a lawn service business. She stated that she and the other residents of the neighborhood could not have their doors open, or listen to their televisions because of the loud noise emanating from this neighbor's property. She stated that this neighbor had ground blades at times until 10-10:30 p.m. She stated that she and her neighbors had contacted the police regarding these problems, adding that, on one occasion, when the nuisance was occurring at 12:30 a.m. on a Sunday night, a resident who had contacted the police was threatened with a crowbar by this neighbor. She stated that the police were contacted again, and suggested they do not press charges, in consideration of possible reprisal from this neighbor. She stated that they had witnessed children under the age of 18 smoking and gathering in the front yard of the neighbor's property, and stated that she was concerned regarding the possibility of other illegal activities. She stated that she had contacted Planning Associate Ericson several times, and had left numerous messages with him regarding the situation. Ericson stated that there have been problems at that address, and that he was aware that various citations had been issued in regard to nuisance vehicles, and dog problems. He stated that staff and the Community Service Officer had been at the location several times. He stated that the property owner recently went to court on the citations, and since that time, the problems regarding nuisance vehicles had not reoccurred. He stated that, to his knowledge, there had been C:\ADMIN\MINUTES\CC\6-14-99.CC no further parking on the yard, and noted that the property owner was attempting to get the property in a better condition. Ericson stated that when problems regarding noise and questionable activities occur, staff encourages the residents to contact the Police Department, and has provided an after-hours phone number for that purpose. He stated that these problems should be addressed at the time of occurrence. He stated that staff is attempting to follow up on the situation, but recognizes that there are proper channels that need to be followed. He added that staff is trying to work with the residents and the property owner in an attempt to resolve the problems. Mayor Coughlin stated that if there are problems, the residents should not hesitate to contact Law Enforcement again, as this creates an official record, which assists in the Code Enforcement process. He stated that the police are a service to the community and residents should not feel that they are imposing upon the police. City Administrator Whiting stated that he would encourage Planning Associate Ericson to speak with Mrs. Kluck. He stated, however, that Ericson's presence would be required throughout a portion of the meeting, and suggested that Mrs. Kluck remain until Ericson could meet with her. There were no other requests or comments from the floor. 10. COUNCIL BUSINESS A. Introduction (First Reading) of Ordinance 628, an ordinance amending Chapter 1001 of the Mounds View building Code pertaining to Contractors Licenses and work requiring a City License Planning Associate Ericson gave a brief overview of the ordinance, which amends the Building Code to change the annual licensing period for building contractors to run from January 1 through December 31. The current licensing period runs from July 1 through June 30. He stated that the revision was intended to alleviate a potential hardship for contractors, who may presently be required to obtain two licenses to complete one project in one building season. He stated that the ordinance also changes the language in regard to what type of work requires a City license. Ericson stated that this was the First Reading of the proposed ordinance, adding that the Second Reading and public hearing were set for the next meeting of Council on June 28, 1999. Commissioner Marty stated that the issue had been the subject of previous discussion and that, in his opinion, was a logical solution. Mayor Coughlin stated that, as a building contractor himself, he would find it very annoying to be required to obtain two licenses to complete one job in one building season, and he thought the ordinance was good policy. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Introduce the First Reading of Ordinance 628, an Ordinance Amending Chapter 1001 of the Mounds View Municipal Code (Building Code) Pertaining to Contractors Licenses and Work Requiring a City License; Planning Case SP -070-99. C AADMIN\MINUTES\CC\6-14-99.CC Ayes — 5 Nays — 0 Motion carried. B. Resolution 5339 accepting Public Improvements at the Theater Project Planning Associate Ericson stated that the intention of Resolution 5339 was to accept the public improvements at the Theater Project. He stated that the developer had provided a check to the City in the amount of $187,500 to cover its share of the Highway 10 / Edgewood Drive redevelopment and re -alignment. He stated that the developer had completed all items with the exception of some minor landscape items, which would cost approximately $5,000 to complete, and added that the City had been provided with a performance bond in the amount of $100,000 to ensure that these improvements were completed. He recommended that the City approve Resolution No. 5339, accepting the public improvements. He added that Council also had the option of attaching stipulations to the Resolution, if they so desired. Council Member Marty asked if City Forester Rick Wriskey had gone to the site to examine the landscaping, and if the lighting intensities and directions had been verified. Ericson stated yes. Council Member Quick asked if there had been any complaints in regard to traffic at the Theater Project site. City Administrator Whiting stated that he had not heard anything major regarding the traffic, but that he had received positive comments from people who were glad to see the theater open, and the manner in which it was handled. Council Member Marty commended the Police Department and Department of Public Works for their assistance in the opening of the theater. MOTION/SECOND: Quick/Thomason. To adopt Resolution 5339, a Resolution Accepting the Public Improvements at the Theater Project. Ayes — 5 Nays — 0 Motion carried. C. Resolution Requesting Extension of Comprehensive Plan Submittal Date Planning Associate Ericson stated that, as the Council was aware, all communities in the Twin Cities Metropolitan area are required to submit an updated comprehensive plan to the Metropolitan Council. He stated that, originally, this was to be done by December 31, 1998, and that Mounds View had been granted an extension to this deadline to allow submittal by June 30, 1999. Ericson stated that, while progress had been made, the update of the comprehensive plan was not complete, and explained that an additional extension would be necessary. He noted the information from the Metropolitan Council indicated how the resolution should be worded. He stated that this resolution is under consideration, and replaces the resolution contained in the staff report. MOTION/SECOND: Stigney/Thomason. To adopt Resolution 5343, a Resolution Requesting a Six Month Extension of the Due Date for Review of the City of Mounds View Comprehensive Plan for Consistency with Amended Metropolitan Council Policy Plans. C A\ADMIN\MINUTES\CC\6-14-99.CC Ayes — 5 Nays — 0 Motion carried. D. Consideration of Resolution No. 5430 approving a development review for a four-plex on vacant land at 7623-7629 Woodlawn Drive Planning Associate Ericson stated that the applicant, Mike Juaire, representing PMJ Group, had requested approval of a development review for the four-plex to be located at 7623 — 7629 Woodlawn Drive, currently vacant property. He stated that the applicant had purchased this lot and the adjoining formerly tax -forfeit property to the east, and plans on developing both with four -unit dwellings. Ericson stated that the Planning Commission reviewed this request at their June 2 meeting, voting to recommend approval of the development review with several stipulations and modifications requested concerning the overall site, parking, landscape and drainage plans. He stated that all of the requested modifications had been accomplished by the applicant. He added that the applicant had submitted a drainage plan in two different forms. One plan would take the form of a storm sewer that would release some storm water onto County Road I. He stated that it would pass through two properties to the north. He stated that the applicant was working on gaining access to those properties to install the storm sewer. He stated that, in the event that this was not possible, the second plan would be to utilize simple grading principles to divert the runoff around the buildings onto Woodlawn Drive. He noted that both plans were functional, and had been reviewed by the City Engineer, who found both to be acceptable. He added that the City's preferred alternative would be the plan to divert the storm water onto the County Road I storm sewer, and that the applicant was attempting to work toward that end. Ericson stated that there was an issue in regard to encroachments of a parking lot and garbage dumpster enclosure on the Woodlawn Terrace Apartment Complex. He stated that they had discussed the options with the owner of Woodlawn Terrace, and that those would be moved in conjunction with the development. He stated that the applicant would be requested to provide additional easements to accommodate some of the storm water, and they are awaiting the completion of title work to ensure that the easement documents are in the proper form. He stated that they have contacted the City Attorney to ensure that when they obtain the legal descriptions and title work, the easements can be drafted. He stated that the applicant has stated that he is willing to sign a statement indicating that he would agree to dedicate the easement areas as shown on the site plan. Ericson stated that the stipulations to be considered were that the landscape plan be revised to include a row of plantings or decorative fencing, and this had been accomplished in the form the Planning Commission had desired, and was acceptable to staff. He stated that the second and third stipulations were in regard to the drainage and utility easements, and the encroachments from Woodlawn Terrace, all of which were in the process of being resolved. He recommended that the City approve Resolution 5430, a resolution approving a development review for a four - unit multi -family structure at 7623 — 7629 Woodlawn Drive, with stipulations. Council Member Marty stated that in regard to the landscaping issue, the Planning Commission had requested a line of plantings, decorative fencing, or both, and asked what they had approved. C A\ADMIN\MINUTES\CC\6-14-99.CC He noted that the Planning Commission had indicated that the Council may wish to make a specific recommendation, or let staff and the applicant agree to the details. Ericson stated that the Planning Commission's primary concern was that a visual separation exist between the applicant's property and Woodlawn Terrace, as there had been problems in the past with traffic driving through that area of the property. He stated that the reason there was nothing more specific at this time was that it was dependent on whether a portion of the landscaped area may be utilized for the drainage plan. He added that the Council could make a specific recommendation, or could allow staff and the applicant to work out the details. Council Member Marty stated that he would be comfortable with that, and noted that the four- plex development presently under consideration was depicted on the left side of the site -plan. Ericson stated that the Planning Commission would be reviewing the second four-plex development at their next meeting, and that the Development Review for that project would go before Council on June 28. MOTION/SECOND: Marty/Thomason. To adopt Resolution No. 5430, a Resolution Approving a Development Review for a Four -Unit Multiple Family Residential Dwelling to be located at 7623 — 7629 Woodlawn Drive, as Requested by Applicant, Mike Juaire, Representing PMJ Group, Inc.; Planning Case No. 555-99, with Stipulations. Ayes — 5 Nays — 0 Motion carried. E. Introduction (First Reading) of Ordinance 630, Right of Way Management City Administrator Whiting stated that Council had reviewed the Right of Way Management Ordinance at the previous Work Session. He stated that the ordinance had been part of the discussion regarding the possibility of granting a second gas franchise in the community. He noted that passage of this type of ordinance required two readings, and that a public hearing for the second reading had been approved for the next Council Meeting on June 28. He stated that the Council had agreed to discuss this item, along with discussion regarding the Franchise Agreement, at the next Work Session on June 21. He stated this was the first reading of the ordinance, and noted that changes could come at either of the next two meetings. Council Member Marty requested that Page 2, first sentence last paragraph, be corrected to indicate "a crowded condition in the subsurface," and the omission of one of the redundant phrases "without using hand digging to expose the existing lateral facilities" in the last sentence. He requested clarification regarding the meaning of the acronym LGU as indicated in Items D and E of the third page. City Administrator Whiting stated the meaning was "Local Government Unit." Council Member Marty requested clarification to Page 9, Subdivision 3, which indicates "The Delay Penalty shall be established from time to time by City Council resolution," and asked if this referred to individual, specific projects. City Attorney Long stated that this was in regard to establishing penalties for any delayed projects during a specific time frame. He explained that if a penalty were set for the calendar year of 1999, that would be the penalty for the entire year, and that this statement grants the right to update that penalty as needed. C A\ADMIN\MINUTES\CC\6-14-99.CC Mayor Coughlin stated that the Council would address the issue at the next Work Session and another Council Meeting, and would have would have ample time to discuss the matter further. MOTION/SECOND: Thomason/Stigney. To Waive the Reading and Approve the First Reading of Ordinance No. 630, an Ordinance to Enact a New Chapter of the Mounds View Code of Ordinances to Administer and Regulate the Public Right of Way in the Public Interest, and to Provide for the Issuance and Regulation of Right -of Way Permits Ayes — 4 11. Next Council Work Session: Next Council Meeting Nays —1 (Quick) Motion carried. Monday, June 21, 1999 — 7:00 PM Monday, June 28,1999 — 7:00 PM City Administrator Whiting requested that, to accommodate the interviews for Police Chief, the next Work Session be scheduled for 7:00 p.m. Mayor Coughlin stated that the June 21 Work Session would be held at 7:00 at City Hall. 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 8:00 P.M. Transcribed and recorded by: Trish Pearson TimeSaver Off Site Secretarial, Inc. C A\ADMIN\MINUTES\CC\6-14-99.CC 1714 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City of Mounds View, pursuant to Minnesota Statute 412.141, has full authority over the financial affairs of the City and; WHEREAS, the City Council has reviewed the claim numbers: 13633 through 13665 in the amount of $ 47.097.69 100415 through 100523 in the amount of $ 363,568.36 TOTAL AMOUNT OF CLAIMS PRESENTED: $ 410,666.05 and has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approved the attached list of claims dated 06/29/99 by the vote ayes nayes Mayor Clerk -Administrator Date: 06/24/1999 Time: 10:42:41 City of Mounds View Operator: Marge Norquist Page: 1 FM Entry - Invoice - Check Register Ranges: Bank #: (A) Check Date: (A) Check #: (R) 13633 - 13633 Options: Check # Sort Only: N Format: 1 # of copies: 1 Bank # Check Date Vendor # Vendor Name Check # Type Amount 1 06/10/1999 W5260 Western Bank -Shannon Roepke 13633 R 135.83 Total Regular: 135.83 Total Manual: .00 Total Regular & Manual: 135.83 Total Voided: .00 Bank Total: 135.83 Grand Total: 135.83 Date: 06/24/1999 Time: 10:05:28 Operator: Marge Norquist Page: 1 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (A) Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Options: Print: A Sort: C Report Format: 1 Print Ranges/Options: Y # of copies: 1 Process Payroll: N Total By Account: Y Page on Sort: N Check # Vendor Alpha Name Description All Amount 10634 Blimpie Subs & Salads Police Chief Interviews 4200 41.00 Total for Chk 10634 41.00* 10635 Northern States Power 7545 Groveland Road 4823 3,342.13 Total for Chk 10635 3,342.13* 10636 Cross Nurseries, Inc. Trees 4380 388.91 Total for Chk 10636 388.91* 10637 Freeway Towing Towing 4200 73.51 Total for Chk 10637 73.51* 10638 Tricia Haynes Family Concert -Lakeside 4700 750.00 Total for Chk 10638 750.00* 10639 U. S. Postal Service Postage Machine-Acct.#14 4160 2,000.00 Total for Chk 10639 2,000.00* 13640 ICMA Retirement Trust ICMA for 06/17/99 3,848.28 Total for Chk 13640 3,848.28* 13641 Minnesota Benefit Asso MN Benefit for June 418.22 Total for Chk 13641 418.22* 13642 Minnesota Child Suppor Child Support for 06/17/ 690.90 Total for Chk 13642 690.90* 13643 Minnesota Mutual MN Mutual for 06/17/99 307.69 Total for Chk 13643 307.69* 13644 MINNESOTA STATE RETIRE MN Retirement for 06/17/ 125.00 Total for Chk 13644 125.00* 13645 Public Employees Insur Health Ins. for July 4200 14,735.06 Total for Chk 13645 14,735.06* Date: 06/24/1999 Time: 10:05:28 Operator: Marge Norquist Page: 2 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13646 Public Employees Retir Defined Contribution for 112.50 Total for Chk 13646 112.50* 13647 Public Employees Retir PERA for 06/17/99 11,327.91 Total for Chk 13647 11,327.91- 13648 Sunrise United Methodi Sunrise for June 14.00 Total for Chk 13648 14.00* 13649 United Way of the St. 2nd Qtr United Way Contr 319.00 Total for Chk 13649 319.00* 13650 Western Bank Savings for 06/17/99 120.00 Total for Chk 13650 120.00* 13651 Alton Ahlstrom Utility Bill Overpayment 96.00 Total for Chk 13651 96.00* 13654 Bankcard Center Beisswengers 4360 3,217.09 Total for Chk 13654 3,217.09* 13655 Brinkman Russell, Inc. Phone Call Reimbursement 4100 81.20 Total for Chk 13655 81.20* 13656 Elegant Thymes Caterin Osseo Awards Dinner 3,742.49 Total for Chk 13656 3,742.49* 13657 W. W. Grainger Flexgu.Assy. 4900 23.27 Total for Chk 13657 23.27* 13658 Jim Hatch Sales Compan Brush Brooms,Heavy Duty 4417 690.55 Total for Chk 13658 690.55* 13659 Hydraulic Specialty Co Hose 4465 25.56 Total for Chk 13659 25.56- 13660 Michael Juaire Permit Overpayment 100.00 Total for Chk 13660 100.00* 13661 Minnesota Building Per Seminar 4180 15.00 Total for Chk 13661 15.00* 13662 Sam's Club Groceries for P.W.Kids T 4460 62.82 Total for Chk 13662 62.82* 13663 Blimpie Subs & Salads For Council Meeting 4200 35.15 Total for Chk 13663 35.15* 13664 Frank Hegner Plaques 4100 141.48 Total for Chk 13664 141.48* Date: 06/24/1999 Time: 10:05:28 Operator: Marge Norquist Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13665 Frank Hegner Plaques 4100 117.14 Total for Chk 13665 117.14* 100415 Action Systems Phone System Additions 4160 1,331.06 Total for Chk 100415 1,331.06* 100416 American Building Cont Permit refund 89.09 Total for Chk 100416 89.09* 100417 AICPA Membership 4150 120.00 Total for Chk 100417 120.00* 100418 American Office Produc Calculator 4160 637.42 Total for Chk 100418 637.42* 100419 American Public Works Public Works Week Poster 4823 25.00 Total for Chk 100419 25.00* 100420 Bacon's Electric Repair Well #1 4823 1,233.82 Total for Chk 100420 1,233.82* 100421 Batteries Plus Battery 4462 181.01 Total for Chk 100421 181.01* 100422 Beisswengers PVC Nipples 4823 256.58 Total for Chk 100422 256.58* 100423 City of Blaine Fire Bond Levy Collectio 4750 40,075.50 Total for Chk 100423 40,075.50* 100424 City of Blaine 8290 Coral Sea St. N.E. 4901 236.32 Total for Chk 100424 236.32* 100425 Bob's Personal Coffee Coffee 4160 51.19 Total for Chk 100425 51.19* 100426 Braun Intertec Corpora Compaction Testing 4470 105.00 Total for Chk 100426 105.00* 100427 Teresa W. Bridges Park Permit Refund 20.00 Total for Chk 100427 20.00* 100428 Brock White Company Crafco Rental 4470 1,332.21 Total for Chk 100428 1,332.21* 100429 Capitol Beverage Sales Beverages 4901 388.80 Total for Chk 100429 388.80* 100430 Carlson Tractor & Equi Switch Oil 4465 254.93 Total for Chk 100430 254.93* Date: 06/24/1999 Time: 10:05:28 Operator: Marge Norquist Page: 4 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # ------- Vendor Alpha Name ---------------------- Description ------------------------ All -------- Amount ------------ 100431 Cintas - 748 Floor Mats 4350 597.46 Total for Chk 100431 597.46* 100432 Construction Bulletin Cracksealer Ad 4475 31.90 Total for Chk 100432 31.90* 100433 Cottens, Inc. Hose 4823 5.21 Total for Chk 100433 5.21* 100434 David -Geoffrey & Assoc Golf Merchandise 4901 1,763.89 Total for Chk 100434 1,763.89* 100435 Department of Commerce Notary Comm.Renewal-Hick 4160 80.00 Total for Chk 100435 80.00* 100436 East Side Beverage Co. Beverages 4901 413.10 Total for Chk 100436 413.10* 100437 Elegant Thymes Caterin Liberty Check Awards Din 1,306.92 Total for Chk 100437 1,306.92* 100438 Ess Brothers & Sons, I Rings, Sealant, Super Gl 4823 501.35 Total for Chk 100438 501.35* 100439 Five D Limited Gasoline 4200 798.13 Total for Chk 100439 798.13* 100440 Focus News Legal Notice-Ord.#628 4160 38.25 Total for Chk 100440 38.25* 100441 Fricke & Sons Sod 4823 59.12 Total for Chk 100441 59.12* 100442 General Sports Corp. T Shirts 4351 1,328.05 Total for Chk 100442 1,328.05* 100443 Gerten Greenhouses, In Landscaping Flowers 4900 579.26 Total for Chk 100443 579.26* 100444 Golf Car Midwest 3 Month Lease 4900 560.00 Total for Chk 100444 560.00* 100445 Goodin Company Check Valve 4823 53.10 Total for Chk 100445 53.10* 100446 Gopher State One -Call, 91 Calls 4825 159.25 Total for Chk 100446 159.25* 100447 W. W. Grainger Blower Motor, Capacitor 4460 178.03 Total for Chk 100447 178.03* Date: 06/24/1999 Time: 10:05:28 Operator: Marge Norquist Page: 5 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100448 Griggs, Cooper & Compa Wine Coolers 4901 176.00 Total for Chk 100448 176.00* 100449 Hawkins Water Treatmen Chlorine 4825 2,077.49 Total for Chk 100449 2,077.49* 100450 Hennepin Technical Col Vehicle Inspector Recert 4465 45.00 Total for Chk 100450 45.00* 100451 Roberta Hinton Class Refund 32.00 Total for Chk 100451 32.00* 100452 Hornungs Pro Golf Sale Ball Markers 4901 255.79 Total for Chk 100452 255.79* 100453 Hydraulic Specialty Co Swivel 4465 3.98 Total for Chk 100453 3.98* 100454 Independent School Dis School B1dg.Supervision 4350 8,504.72 Total for Chk 100454 8,504.72* 100455 Intl. City/County Mgmt Joint Training II:CPM Fe 4160 1,700.00 Total for Chk 100455 1,700.00* 100456 Kennedy & Graven MacRannolds CUP 4180 21,019.60 Total for Chk 100456 21,019.60* 100457 Kern, DeWenter, Viere, Audit of Financial State 4150 2,400.00 Total for Chk 100457 2,400.00* 100458 KI - Minncor Furniture -Community Cent 4650 239.54 Total for Chk 100458 239.54* 100459 Knox Commercial Credit Misc.Hardware for Lakesi 4350 95.53 Total for Chk 100459 95.53* 100460 Larsco, Inc. Program Change-Filtronic 4823 230.00 Total for Chk 100460 230.00* 100461 Lesco, Inc. Seed, Mulch 4900 241.77 Total for Chk 100461 241.77* 100462 League of Minnesota Ci Medical Ins.-Michna 4200 196.45 Total for Chk 100462 196.45* 100463 M.T.I. Distributing Co Thermostat, Gasket 4900 163.55 Total for Chk 100463 163.55* 100464 Med-Compass, Inc. Hearing Tests 4475 304.50 Total for Chk 100464 304.50* Date: 06/24/1999 Time: 10:05:28 Operator: Marge Norquist Page: 6 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100465 Menards Supplies for Mower Shed 4900 547.35 Total for Chk 100465 547.35* 100466 Metro Council Environm Wastewater Service Bill 4823 53,594.42 Total for Chk 100466 53,594.42* 100467 Metro Council Environm Service Availability Cha 68,607.00 Total for Chk 100467 68,607.00- 100468 Metro Legal Services, Del. to B. Long 4100 16.00 Total for Chk 100468 16.00* 100469 Midwest Asphalt Corpor Asphalt 4470 247.64 Total for Chk 100469 247.64* 100470 Midwest Coca/Cola Beverages 4901 1,075.65 Total for Chk 100470 1,075.65- 100471 Minnesota Department o Water Supply Operator Li 4823 32.00 Total for Chk 100471 32.00* 100472 Minnesota Golf Assn., MGA Handicaps 4901 435.00 Total for Chk 100472 435.00* 100473 Mita Financial Service Copier Payment 4200 102.99 Total for Chk 100473 102.99* 100474 New Brighton -Mounds Vi Membership 4650 275.00 Total for Chk 100474 275.00* 100475 New Mech Companies, In Booster Station Improvem 4823 93,406.00 Total for Chk 100475 93,406.00* 100476 Nike USA, Inc. Golf Merchandise 4901 206.10 Total for Chk 100476 206.10* 100477 North Star Turf, Inc. Yellow Turn Signal Assy. 4900 24.47 Total for Chk 100477 24.47* 100478 Northern Sanitary Supp Glass Cleaner 4350 32.59 Total for Chk 100478 32.59* 100479 Northern States Power 2764 Ardan Ave. 4360 992.54 Total for Chk 100479 992.54* 100480 Northern Tool & Equipm Screw Pin, Wire Brush, S 4900 34.02 Total for Chk 100480 34.02* 100481 Northwest Family YMCA Prof. Services-M.V.Commu 4350 10,150.00 Total for Chk 100481 10,150.00* Date: 06/24/1999 Time: 10:05:28 Operator: Marge Norquist Page: 7 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # ------- Vendor Alpha Name ---------------------- Description ------------------------ All -------- Amount ------------ 100482 Nott Company Swivel, Fitting, Push -Lo 4465 8.76 Total for Chk 100482 8.76* 100483 Office Depot Cash Register Rolls 4901 11.02 Total for Chk 100483 11.02* 100484 Doris Olson Meter Refund 30.00 Total for Chk 100484 30.00* 100485 P.G.A. of America Membership Dues-Manthis 4901 614.00 Total for Chk 100485 614.00* 100486 Pace Analytical Bacteria Testing 4823 77.00 Total for Chk 100486 77.00* 100487 Park Auto Body Repair of damaged Squad 4160 10,027.10 Total for Chk 100487 10,027.10* 100488 Peterson Environmental Well Monitoring Charges 4900 2,996.42 Total for Chk 100488 2,996.42* 100489 Phillips 66 Company Gasoline 4200 738.74 Total for Chk 100489 738.74* 100490 Plaisted Companies, In Topdressing Sand 4900 292.75 Total for Chk 100490 292.75* 100491 Pletschers' Greenhouse City Hall Flower Sale 1,136.70 Total for Chk 100491 1,136.70* 100492 Pomp's Tire Service, I Tire Repair 4900 122.67 Total for Chk 100492 122.67* 100493 Positive Promotions Bicycle Safety Books, St 4351 161.05 Total for Chk 100493 161.05* 100494 Printmaster Printing Building Permit Forms 4180 311.75 Total for Chk 100494 311.75* 100495 Ramsey County Attorney County's portion of Case 166.20 Total for Chk 100495 166.20* 100496 Harry W. Reese Duplicate Permit Refund 84.30 Total for Chk 100496 84.30* 100497 Edith Reiman Park Deposit 100.00 Total for Chk 100497 100.00* 100498 E. H. Renner & Sons Repair Well #1 Motor 4823 439.00 Total for Chk 100498 439.00* Date: 06/24/1999 Time: 10:05:28 Operator: Marge Norquist Page: 8 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # ------- Vendor Alpha Name Description All ------------------------------------------------------ Amount ------------ 100499 Deb Rielley Reimbursement for City H 4380 65.00 Total for Chk 100499 65.00* 100500 Scantron Service Group Maintenance Agreement 4820 241.31 Total for Chk 100500 241.31* 100501 Cari Schmidt Mileage Reimbursement 4130 54.00 Total for Chk 100501 54.00* 100502 Short -Elliott & Hendri Misc.Water Resources Ser 4650 1,319.14 Total for Chk 100502 1,319.14* 100503 Sign -A -Rama, U.S.A. Signs for Putting Green 4900 224.10 Total for Chk 100503 224.10* 100504 Snyders Film, Developing, Batter 4180 15.24 Total for Chk 100504 15.24* 100505 Spring Lake Park Fire Fire Inspection Services 4210 8,934.63 Total for Chk 100505 8,934.63* 100506 St. Paul Pioneer Press Community Center Ad 4730 96.60 Total for Chk 100506 96.60* 100507 City of St. Paul Field Training Officer c 4200 441.67 Total for Chk 100507 441.67* 100508 State Chemical Manufac Auto Flush 4901 294.93 Total for Chk 100508 294.93* 100509 State Treasurer's Offi State's portion - Case # 83.10 Total for Chk 100509 83.10* 100510 Stringer Business Syst Copier Maintenance 4350 5,733.50 Total for Chk 100510 5,733.50* 100511 Sysco Food Services of Chips,Candy,Hot Dogs,Cle 4901 491.41 Total for Chk 100511 491.41* 100512 T.S.E., Inc. Janitorial Service -Comm. 4350 800.00 Total for Chk 100512 800.00* 100513 Time Saver Planning Comm. Mtg. 6/2/ 4180 166.50 Total for Chk 100513 166.50* 100514 Transportation Compone Maxi -Brake II 4465 54.00 Total for Chk 100514 54.00* 100515 U. S. Filter Distribut T/Pad Mounts, Meters 4823 1,696.77 Total for Chk 100515 1,696.77* Date: 06/24/1999 Time: 10:05:28 Operator: Marge Norquist Page: 9 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # ------- Vendor Alpha Name ---------------------- Description ------------------------ All -------- Amount ------------ 100516 U. S. Kids Golf Golf Merchandise 4901 201.77 Total for Chk 100516 201.77* 100517 U. S. West Communicati 784-1305 4360 60.38 Total for Chk 100517 60.38* 100518 U. S. West Communicati Listen Only Voice Mail C 4200 43.75 Total for Chk 100518 43.75* 100519 U. S. West 784-3055 4160 1,510.37 Total for Chk 100519 1,510.37* 100520 Wager's, Inc Maintenance Contract 4823 27.00 Total for Chk 100520 27.00* 100521 H. T. Wakefield Replaced Volute Case 4901 1,003.00 Total for Chk 100521 1,003.00* 100522 Walters Recycling & Re 3 Yd. Container Service 4350 76.05 Total for Chk 100522 76.05* 100523 Warning Lites of Minne Windmaster Stand, Crossb 4823 361.04 Total for Chk 100523 361.04* Grand Total 410,530.22* Item No. —B— Type of Business: CA City of Mounds View Staff Re WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business art To: Mayor and City Council From: Cari Schmidt Item Title/Subject: 1999-2000 Restaurant License Renewals Date of Report: June 22, 1999 The following restaurant licenses expire on June 30, 1999, and are eligible for renewal for 1999/2000. Blimpies Pink Flower Burger King RJ Riches Donatelles Roberts Off Ten Donut Connection Subway Hardees Taco Bell KFC McDonalds Mermaid Mounds View Best Steak House Perkins Staff Recommendation: Approve license renewals upon receipt of check, application and insurance information. Item No. Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: 1999 Garbage Hauler License Renewals Date of Report: June 22, 1999 The following garbage/hauler licenses expire on June 30, and are eligible for renewal for 1999/2000: Ace BFI Keith Kruppeny and Sons Larry's Sanitation Materials Recovery Randy's Ray Anderson Twin City Sanitation Twin City Refuse UWS Gallaghers Vasko Rubbish Veit Walter's Rubbish Waste Management of Blaine Staff Recommendation: Approve renewal license upon receipt of check, application and insurance information. Item No. / 48 Type of Business: CA, City of Mounds View Staff To: Mayor and City Council From: Cari Schmidt Item Title/Subject: 1999-2000 License Renewals Date of Report: June 23, 1999 The following licenses expire on June 30, 1999: WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business :port Amusement American Amusement Arcades for -- Mermaid, Donatelles and Roberts off 10 Carmike Cinemas - Wynnsong 15 Automobile Sales Saturn of St. Paul Bowling Mermaid- 2200 Highway 10 Cigarettes ABC Liquor - Holiday Stores - 5d Limited Gas N' Splash Fedor Market Snyder's Drug Tom Thumb Oasis Market Super America American Amusement - Mermaid (2200 Hwy 10), Donatelles Budget Liquor Network Liquor Fina Amoco Gasoline Holiday Gas N' Splash Oasis Market Super America Fina Amoco Malt Liquor - Off Sale Amoco Holiday Super America Tom Thumb Bridges Golf Course Staff Recommendation: Approve the licenses pursuant to Municipal Code, pending appropriate application materials and license fees are received by the City. of Mounds View Staff Re Item No._2 4e Type of Business: CA WK. Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business rt To: Mayor and City Council From: Barb Benesch Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: June 28, 1999 Please consider the following contractor licenses for approval. The majority of the licenses listed are renewals since contractor licenses expire on June 30, 1999. Because of the new expiration date of December 30, the following licenses are for six months instead of one year and, therefore, will expire on December 30, 1999. All applicants have submitted appropriate fees and proof of insurance. All licenses are renewals unless noted "NEW' after the company name. Those licenses defined as "new" include all applicants that have never been licensed with the City or have not been licensed within the past two years. Those defined as "renewal" were licensed last year. General (Commercial) Adolfson & Peterson, Inc. FedTech, Inc. McGough Construction MSP Construction, Inc. Everest Construction Co. Flannery Construction, Inc. Frana & Sons, Inc. Owens Services Corporation Petroleum Maintenance Co. Watson -Forsberg Co. Sign Arrow Sign & Awning Co., Inc. Lawrence Sign Acquisition LLC Outdoor Systems Nordquist Sign Co. Suburban Lighting, Inc. Top Line Advertising, Inc. HVAC (Heating, Ventilation, Air Conditioning) Albers Sheetmetal and Ventilating Alliance Mechanical Services, Inc. Allied Fireside dba Fireside Corner B.A. Dorweiler Services - NEW Blaine Heating, Air Cond. & Electric, Inc. Comfort Plus Heating - NEW Condor Fireplace & Stone Dependable Indoor Air Quality, Inc. Guyer's Builders Express Horwitz, Inc. Kath Heating & Air Conditioning Metropolitan Mechanical Contractors Mobile Maintenance, Inc. Northgate Homes, Inc. Riccar Corporation River City Sheetmetal Spriggs Plumbing & Heating Co. Standard Heating and Air Conditioning Statewide Homes Supply & Service The Snelling Company Ray N. Welter Heating Co. Woodlund Homes Yale Incorporated Water/Sewer Beaver Plumbing Glenn Rehbein Excavating, Inc. Sandd Excavating, Inc. Valley -Rich Co., Inc. City of Mounds View Staff Report Contractor Licenses for Approval Page Two of Two Asphalt Asphalt Driveway Co. Bituminous Roadways, Inc. Blacktop Driveway Co. Lino Lakes Blacktop, Inc. Fence D'Fence Company, Inc. D.W. Fence Company Modern Fence - NEW Masonry/Cement Metro Chimney & Masonry - NEW Serice Construction, Inc. Staff Recommendation: Approve license applications as requested. Item No. Staff Report No. Meeting Date: June 28, 1999 Type of Business: C. A. WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Consideration of Resolution No. 5350, Authorizing Request for Variance to the Rules of the Municipal State Aid Division of the Minnesota Department of Transportation Date of Report: June 24, 1999 This resolution is necessary for the City of Mounds View to request a variance to the State Aid Rules for the bidding process which was followed in the TH 10 and Edgewood Realignment Project and the related rule amendment adopted by MnDot in the process. The project was approved for construction by an administrative variance. This variance request will be presented to the Variance Committee in July, which will explain the circumstances surrounding this project and request MSA funding for the project. This procedure is also being performed by a few other communities which are in the same or similar condition. ichael Ulrich, Director of Public Works RESOLUTION NO. 5350 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING REQUEST FOR VARIANCE TO THE RULES OF THE MUNICIPAL STATE AID DIVISION OF THE MINNESOTA DEPARTMENT OF TRANSPORTATION WHEREAS, the rules of the Municipal State Aid Division of the Minnesota Department of Transportation require that a proposed project receive District State Aid approval before bids for the project are opened; and WHEREAS, a violation of said rule could make a proposed project ineligible for Municipal State Aid (MSA) funding; and WHEREAS, a Grand opening for a business set the schedule for completion of construction, and also the Bid Opening date; and WHEREAS, Mounds View staff, trying to meet this pre -determined schedule, and while waiting for additional comments from State Aid reviews, opened bids for State Aid Projects 146-010-02, 146-232-02 and State Project 6204-48 for the construction of turn lanes along Trunk Highway 10, the realignment of Edgewood Drive and the construction of a traffic control system at the intersection of TH 10 and Edgewood Drive, and WHEREAS, Mounds View staff recommended award of a contract to W.B. Miller, Inc. for construction of the above projects, contingent on State Aid approvals, and WHEREAS, the only way for Mounds View to overcome this error without incurring significant additional expense, is to request and be granted a variance from the rules. Said variance would allow Mounds View to use MSA construction funds for said project despite the bid opening prior to MSA District Approval. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Mounds View does hereby request that the Minnesota Department of Transportation, Division of State Aid, grant a variance to the rules for State Aid Operations 8820.2800 subpart 2. The variance is for the construction of State Aid Projects 146-010-02, 146-232-02 and State Project 6204-48, the construction of turn lanes along Trunk Highway 10, the realignment of Edgewood Drive and the construction of a traffic control system at the intersection of TH 10 and Edgewood Drive. ATTEST: (SEAL) Adopted this 28th day of June, 1999. MAYOR CITY ADMINISTRATOR Item No. Staff Report No. Meeting Date: June 28, 1999 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: ConsentAgenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Consideration of City authorization to allow Dave and Mary Peloquin to install a driveway surface at 8333 Groveland Road, two feet from City Property (Groveland Park). Date of Report: June 24, 1999 Background: The applicants, Dave and Mary Peloquin of 8333 Groveland Road, have submitted a building permit to construct a gravel parking surface alongside their garage, as shown on the attached plot plan. The surface will be located two feet from their property line. Discussion: According to Section 1104.01 of the Zoning Code pertaining to driveway setbacks, revised by Ordinance 620 which was adopted July 27, 1999, driveway and parking surfaces within an R-1 and R-2 zoning district shall be setback five feet from the side yard lot line, unless the neighboring property owner gives its permission to be closer, in which case the surface may be located as close as one -foot from the property line. The applicants are proposing that the parking surface be located two -feet from the property line. The site is adjacent to City -owned property therefore City approval is required. Recommendation: Approve by simple motion the Peloquins' request to construct a driveway surface two -feet from their southern property line, adjacent to Groveland Park. James Ericson, Planning Associate N:\DATA\USERS\JIME\SHARE\PELOQUIN.RPT Address_ ` <�� 'C t% �cyt C _�.f Date 6 f 2'�A?q Builder 5--x.11 Owner ' - l Brief Description of Proposed Construction Building Permit No. Show all existing buildings/structures located on the property. Show all proposed construction and label "proposed" Indicated distance from proposed structures to all property lines. Indicated distance of proposed structure(s) to existing structures. Show street location(s) and name(s). Show directional symbols (north, south, east west). Qo 0 1c; W M CC C� N *)In in- City of Mounds View Community Development Department * 2401 Highway 10, Mounds View, MN 55112 (612) 717-4020, Fax (612) 784-3462 Permit No. C 977 OF HOUNDS W91E 1Mli o U L OWR Applicant to complete numbered spaces only. SITE ADDRESS oaf2d5 Vidt.—O &/2 792 —4&m Z D OWNER MAILADDRESS 2M ,, �ci /1 r / (� f rra ZIP PHONE M :0 v p N CONTRACTOR J{ MAILADDRESS ZIP PHONE 3 ARCHI CT/DESIGNER/ENGINEER MAILADDRESS ZIP PHONE USE OF 214169ING 4 Pajvav DESCRIBE WOAK 51� VALUATION OF WORK 6h 9':3d Q NOTICEType of Const. Occupancy Group Use Zone THE PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS, OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT Size of Bldg. (Total) Sq. Ft. No. of Stories Fire Sprinklers Required O Yes t2 No OFF STREET PARKING SPACES ANYTIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL No. of Dwelling Units Gww.d Uncovwed PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT, THE GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO Legal Description TRACT BLOCK LOT NO. VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION Special Approvals Required Received Not Required ZONING FLOOD PLAIN SIGNATURE OF CONTRACTOR OR A ORIZED AGENT (D_A/T9`) WETLAND r%C DRAINAGE REPORT SIGNA U OF #WNA (IF OWNER BUILDO) (DATE) OTHER (Specify) IMPORTANT TO APPLICANT - PLEASE READ EASEMENTS U Yes O No (9 yes. pfwid. copy of secmn map) SPECIAL CONDITIONS SEPARATE PERMITS REQUIRED FOR: PLUMBING # HEATING, VENTILATING OR AIR CONDITIONING # APPLICATION ACCEPTED BY Lo --4 A� PUNS CHECKED BY APPROVED FOR ISSUANCE BY ELECTRICAL # BLACKTOPPING # CONTRACTORS LICENSE N SEWER # & WATER # THIS IS AN APPLICATION ONLY THE PERMIT WILL BE ISSUED AFTER STATE J NOTREOUIRED J YES .I PENDING PERMIT FEE $ PLAN CHECK FEE SURCHARGE REVIEWAL OF THE APPLICATION. SWM CHARGE -- LICENSE CHECK $ TOTAL FEE $ RECEIPT N a Sa3 Item No. Staff Report No. Meeting Date: June 28, 1999 Type of Business: PH &CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Public Hearing and Second Reading of Ordinance 628, an ordinance amending Chapter 1001 of the Mounds View Building Code pertaining to Contractors Licenses and work requiring a City license. Date of Report: June 24, 1999 Background: The Council introduced this ordinance at its last regular meeting on June 14, 1999, approving the first reading. The public hearing for this ordinance will be in conjunction with the second reading. Analysis: There are no changes to this ordinance from the first reading. The ordinance changes the licensing period to run from January 1 to December 31 annually instead of July 1 through June 30. This change will allow contractors doing work in the City to get a contractors license that will cover the entire building season rather than requiring a contractor to get two licenses (the initial license and a renewal) for one building season. The other change accomplished by this ordinance is to remove references to "Fire Protection" and "Roofing" under Section 1001.03, Subd 2, Work Requiring License. These types of work are now licensed through the state and as such should not be listed with other work requiring a City license. If the contractor has a state license to do general residential or general commercial work, a city license is also not required. Recommendation: Approve the second reading of Ordinance 628, an ordinance amending Chapter 1001 of the Mounds View Building Code pertaining to Contractors Licenses and work requiring a City license. James Ericson, Planning Associate N:\data\groups\comdev\specproj\sp07O-99\ord3.memd ORDINANCE NO. 628 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1001 OF THE MOUNDS VIEW MUNICIPAL CODE (BUILDING CODE) PERTAINING TO CONTRACTORS LICENSES AND WORK REQUIRING A CITY LICENSE; PLANNING CASE SP -070-99 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 1001.02 of the Mounds View Municipal Code is hereby amended with the proposed additions underlined and deletions struck out mid itaficize, respectively, to read as follows: 1001.02: LICENSING PROVISIONS 3: Subd. 1. License Required: Before any person shall engage in the business of doing or performing any of the work set forth in subdivision 2 hereof in the Municipality, said person shall first obtain a City license to do so as more fully provided for in this Chapter. A City license shall not be required if said person is licensed with the State and if said license is valid for the work being performed in Mounds View. A fee for checking the status of the State -issued license may be charged and will be set by resolution. (Ord. 500, 1-13-92) Subd. 2. Work Requiring City License: Asphalt Excavating and filling Fence installing Fire pr-eteetion t Gas line installer General construction; commercial contractors and those residential general contractors who do not require have a State license Heating, air conditioning, ventilation or refrigeration Masonry Plaster, stucco or lathing Roafmg Sewer and water (working in street only, State plumbing license covers any work to the property line)'-' Sheetrock Ordinance 628 Page 2 Sign and billboard 12 - Siding 2 Siding (Ord. 521, 11-23-92) Tree trimming and removal (Ord. 558, 4-24-95) [Subdivisions 3 through 6 remain unaltered] Subd. 7. Expiration And Renewal: All licenses shall expire on Jtrly-l- December 31 following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration, then all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Persons renewing their licenses after the expiration date shall be charged a full annual license fee. No prorated license fees shall be allowed for renewals. [Subdivision 8 remains unaltered] SECTION 2. This Ordinance goes into effect thirty (30) days after its publication in the official City newspaper. First reading by the City Council of the City of Mounds View on the 14th day of June, 1999. Second reading and adoption by the City Council of the City of Mounds View on the 28th day of June, 1999. ATTEST: (SEAL) APPROVED AS TO FORM: City Attorney Dan Coughlin, Mayor Charles S. Whiting, City Clerk/Administrator N:\DATA\GROUPS\COMDEV\SPECPROASP070-99\628.ORD Item No. f0 Staff Report No. Meeting Date: June 28, 1999 Type of Business: PH & CB WK: Work Session; PH: Public Hearing; CA: ConsentAgenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Public Hearing and Consideration of Resolution 5342, a Resolution Approving a Request of Merryville Farm Market to Operate an Outdoor Produce Sales Stand at Moundsview Square; Planning Case No. 554-99 Date of Report: June 24, 1999 Background: Craig Gilb, representing Merryville Farm Market, is requesting a conditional use permit to operate an outdoor produce stand in the parking lot of Moundsview Square Shopping Center from July 1, 1999 to September 30, 1999. The produce stand would be open seven days a week from 10:00 am to 7:00 pm. and would be selling produce home-grown from Waverly, Minnesota. The stand is a five -sided gazebo -like structure with a canvas roof, and is 14 feet wide at its widest point and 9 feet high at the peak. The stand requires no utility hook-ups. The produce stand was granted a CUP the last three years at this same location. Staff is not aware of any problems associated with this operation. The Planning Commission, at its meeting on June 16, 1999, recommended approval of this conditional use permit request with stipulations. Those stipulations are repeated in the Council's resolution of approval. Analysis: Mr. Gilb has stated that this will be the same operation that was approved last year for this location. No changes have been proposed. The dates of operation for the farm market, if approved as requested, would overlap by 15 days with Linder's Greenhouses, which was granted an outdoor sales CUP through July 15, 1999. Linder's will be dismantling its greenhouse sometime in between June 30 and July 15, so the overlap of operations could be less than the possible 15 days. In the occurrence of an overlap of uses, there should be little impact to parking, as the produce stand would occupy only 110 square feet of the parking lot. Signage for the produce stand will be accomplished with small banners affixed to the gazebo base and lettering on the canvas roof. As was done for the Linder's Greenhouses, the conditional use permit for Merryville is drafted in such a way so that future appearances before the Planning Commission and City Council are not required. The CUP will remain in effect indefinitely so long as there are no changes to the operation and there have been no problems or reasons which would warrant the City Council to re- examine the CUP. Menyville Farm Market CUP Planning Case No. 554-99 June 28, 19.99 Page 2 CUP Requirements: The criteria for approval of a conditional use permit appear in Section 1115.04, Subd. 2 of the Mounds View Municipal Code. They are as follows: a. Outdoor service, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. The shopping center contains 102,035 square feet of building area. The applicant proposes to occupy 110 square feet of the parking lot, which is less than I% of the building square footage on the site. This criterion has been met. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Subdivisions 1103.08(1) through (5) of this Title. The parking lot fronting Highway 10 does not abut any residential properties. The nearest residential property is Wildwood Manor, an apartment building for senior citizens, which would be well screened from the proposed use by a stand of trees. C. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.09 of the Code. The applicant will not have any lighting associated with the produce stand as it will be operating during daylight hours. d. Sales area is grassed or surfaced to control dust. The applicant is proposing to use an existing parking lot which is surfaced with asphalt. This criterion is met. Staff believes the criteria for granting a CUP have been met. The Planning Commission shall also consider any possible adverse effects of the proposed use as required by Section 1125.01(1)e of the Municipal Code, which are as follows: (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. The proposal is for a temporary produce stand in the parking lot of an existing shopping center. The Comprehensive Plan designates this site as HC --Highway Commercial. The produce stand is an appropriate use within this designation. The shopping center is surrounded by roadways and the Merryville Farm Market CUP Planning Case No. 554-99 June 28, 1999 Page 3 area where the use is to be located is 1,000 feet from the nearest residential property. The sale of produce is a typical seasonal business in a community such as Mounds View and it serves a community need. The short duration of the use will result in little, if any, adverse effect upon the surrounding area. Recommendation: The Planning Commission and Staff recommends approval of Resolution 5342, a resolution approving this conditional use permit request for Merryville Farm Market to annually operate an outdoor produce stand at Moundsview Square Shopping Center from July 1 to September 15, with stipulations. James Ericson, Planning Associate N:\DATA\GROUPS\COMDE V\DE VCASES\554-99\MERRYCC2.RPT ` OF A� ul::a :47Ji 0 8ntf ' Partners'�a4' Applicant Information Name of Applicant Address Please COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT APPLICATION 2401 Highway 10, Mounds View MN 55112 or Print Information - Complete Both Sides of This Form L LY -7,57o L S f ti Sf, 114111 5-�-'390 612-717-4020 612-784-3462 - FAX Telephone _ le Fax Interest in Property heck appropriate box) ❑ Owner of Pr erty ❑ Contract for Deed Owner Lessee, Op ator; Manager ❑ Agreement to Purchase ❑ Other (expl ) Applicants must vide evidence P p r of interest in property at the time of application, and if you are not the owner of the property, you must provide a letter of permission from the owner giving consent to the filing of this application. The property owner must sign this application for it to be accepted. Property Description/Proposal Address or General Location j/ 5'a �� a. S Legal Description Property Identification # (PIN #) 0 - a _ 1) # of Acres Current Zo g 16 Type of Application ❑ Comprehensive Plan Amendment ❑ Rezoning ❑ Major Subdivision ❑ Minor Subdivision ❑ Planned Unit Development (PUD) ❑ PUD Amendment Conditional Use Permit ❑ Variance ❑ Code Appeal ❑ Develop Review/Site Plan ❑ Wetland Alteration Permit ❑ Wetland Buffer Permit ❑ Floodplain Permit ❑ Other $250 $250/acre; min $250 max $1500 $250 + $250 deposit* $200 Refer to rezoning fees $350 R-1, R-2 $75; all others $250 R-1, R-2 $100 all others $250 $100 $125/acre; min $125 max $750 R-1, R-2 $150; all others $200 R-1, R-2 $25; all others $100 $200 *Deposits shall be paid to cover all costs of public notices, materials and staff or consultant time spent in the review, research or preparation of materials associated with this application. The applicant shall be responsible for all reasonable incurred costs in excess of the initial deposit amount. Any portion of the deposit not spent or encumbered shall be refunded to the applicant within thirty (30) days after consideration of the application is completed. Please complete the reverse side of this application. City of Mounds View, MN Development Application Page 2 Present Use of Property ❑ Undeveloped/Vacant ❑ Single Family Dwelling ❑ Duplex/Two Family Dwelling ❑ Multi -family Dwelling Business/Commercial Establishment ❑ Industrial Establishment ❑ Other (explain) Property Classification ❑ Abstract ❑ Torrens BY MY (OUR) SIGNATURE ON THIS APPLICATION, I HEREBY DECLARE THAT, TO THE BEST OF MY KNOWLEDGE_ THE INFORMATTON PROVIDED IS TRUE AND ACCURATE Signature of Applicant Name of Applicant (typed/printed) Signature of Property Owner Name of Property Owner (typed/printed) Address of Owner Phone Number of Owner ************************************************************************************************ Date of Submittal Date of Acceptance Planning Case No. Application: .Park Dedication: Deposits: Other: Total: FOR OFFICE USE ONLY 2.6 - q ' Assigned to: S +- 9 '�60-day Limit "7 - 2 5 -0-,9 120 -day limit I [ - 2 S -9 9 Fees Paid: Account # Check # Receipt # �5"0•0� )4d,3�-7 °� 3030 1 X039—. C �G{ rr GI N:DATA\GROUPS\COMDEV\FORMS\DEVAPP.FOR 1/98 802 p 8025 8018 8011 8000 8022 8019 8030 �"�� 6U24 dull dulb 801 8009 8006 8021 8000 8001 8010 8011 8004 7981 7990 a 7981 7990 C7989 7996 7993 7990 8000 8005 801 7970 7979 7980 7969 Gll� 7980 0: 7979 7980 7985 7970 7977 7984 7989 7988 7960 G 7959 7970 7965 79601 7961 7964 7975 7949 7956 W 7954 7959 7966 7969 7950 7951 7984 7980 7971 7968 7950 7940 7945 7946 7927 HILLVIEW 7955 7944 7953 7948 7930 7933 7930 7917 7940 n (a O1 7901 PARK 7945 793 7931 7930 n 7900 7901 7900 (0• N 0 e N N 7900 7901 .0 N N 7900 P' _ 901 r '. a HILLVIEW ROAD N .•! N 7900 N N N w N M N y�I N 788 ' p 7891 N N 788 7895 N �,, 7890 7885 o 7884 86 `�' 0 0 7876 2MS 7886 7867 7870 N '•�; NN87689 8 766 8-2 7869 7858 7870 N 7877 7854 7881 7860 7865 7852 3 787 7875 786 784 78417850 7855 7846 7841 787087863 Z7861 785 Q,7851 RM 30 7840 7833 7840 7829 7847 7847815 15 10 7815 7790 7800 7817 7ao>�J 782 0 7833 783 O r� 781 <n 7803 7780 781 3 7815 7827 782 X11 7800 7770 2 7801 7760 7809 780 781 7817 —2 7800 7797 7797 7800 7801 780 R-4 '1 7801 1W 7731 7750 7777 7778 7749 775 7807 1 7767 7760 0: 7741 C7 7740 7768 tidy 7767 7739 77 7751 — 7761 1 7750 7731 1 7730 7753 7748 7729 773 774177 13-2 17755 1 7730 7721 1 7720 7726 7745 7711 7719 772 C 7731773 6tih ti 7710 7709 771 0 7721772 771 N in 7700 o 0 o m C ............... .........:...::.:... ...... ............ ::•.':.::: N N N h u] N %701 7700 770 r• fi......... .... co PUD o : M B-3 — n n a � o 4M^ U. N in Ln N 2553 0 0 O °° 46 in , N N N N N N N N N 2551 O 7695 N N N N N 2549 N N N OZ 2547 0 7687 766 —3 768 B-4 25541 — R- R-4 B-3 ti�°p 2 2541 66 N 2539 — 3 8-2 2537 66 761 7835 76 ty —; 7 7655 762 I SILVER VIEW 7 7645 ONN 'n N B-2 ti —2 PARK N n= m ;0 n n t. n 783 761 N P, o N N N b n WR— N B-3 a •..lir Oin N M .r N "0,00 N ti et5ry N t0 O N PF N ... N „O, " Cato N N NMaw — N O N t0 N � N O +ai n N N tm0 N Oto OWN p N Oto = a� �..N H N �� N to M O PF `:.•::..to O� N _N .� N '° `� N N N N R-4 CITY HALL N ................... ... ............._ .... ...�:... N CN OO t0 ...� • ..::� ••: N ......-.. yy01 N - 2 - O N bto oO - O .2 ^ n n n 7401 733 ? PF ,....... Zoning Map Case No. 554-99 Highway 10 -- Moundsview Square Applicant: Menyville Farms NPI MAY -26-1999 16:26 41 May 26, 1999 PASTER ENTERPRISES 612 646 1389 P.02i02 MERRYVILLE FARMS are entitled to run their produce market from July 1, 1999 - September 30, 1999. Permission is granted by Paster Enterprises, owners of Moundsview Square Shopping Center and the merchants of Moundsview Square. MERRYVILLE FARMS will place their market/stand in the area highlighted on the enclosed site plan. Sincerely, 4�itQ1lj-� , i�t-wtour�. Stephanie A. Kirchmaier Director of Marketing Paster Enterprises 2227 University Ave. + St Paul, MN . 55114.1677 651.646.7901 + F)(651.646.1389 peaduertising@paster-enterprises.com www.pasterenterprises.com TOTAL P.02 �•••�, •Q•,, ••••. avoa inn 'JIIQi ---------------- -- - - -- . I - � ' mmrwwr j— LL Cw GmG7 �•• s {j {p h e 3� e t - Z a a a W �y m m w a I<wU, O > �� W Ew> m m C�4cJ 0 0 LU SaW5== � y ° . �'a:zzzM zoZ►-I"0 < 2 U � ' O O ° waLu =j .1W Hca F -W J = *Wmwwo 2- Lt. .-.0-^�NQOO L'c`O+:a-^J�.... x•000 ^!7 .:J OOOOt0001�P. CDOO '70N rf�00pOt0 OOQOPO hI?I �O CDN Otn C7 l7 <ppOrMtp C CD Q.�Qlr rrp N'NN NrN'r NN be>:M r r r N W t - Z a a W �y m m w a I<wU, 0 w W Ew> m m C�4cJ 0 0 LU SaW5== O _� sy �'a:zzzM zoZ►-I"0 Y=zaWW WYawr-3o Q O Oy000W waLu =j .1W Hca F -W a. *Wmwwo 2- Lt. WW uj2 Qaa��..ta,w mz vVam x rNNNClA t0�d0 QlOrCV t��'llf lD hC00)C ACV r r r r r r r r r r N N N RESOLUTION NO. 5342 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR PRODUCE SALES AT MOUNDSVIEW SQUARE, REQUESTED BY MERRYVILLE FARM MARKET; PLANNING CASE NO. 554-99 WHEREAS, Craig Gilb, representing Merryville Farm Market, has applied for a conditional use permit to conduct open and outdoor sales at Moundsview Square Shopping Center; property zoned B-4, legally described as follows: That Part Lying Northeasterly of the Centerline of State Trunk Highway 10 of NE'/ of NE'/ (Subject to Roads and Highways) in Section 7, Township 30, Range 23 WHEREAS, the Mounds View Zoning Code allows open and outdoor sales in the B-4 Regional Business District with the approval of a conditional use permit; and WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map C. Site Plan d. Letter from Property Owner WHEREAS, The Mounds View City Council makes the following findings that the criteria for approval in Section 1115.04, Subd. 2 have been met: a. Outdoor service, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. The shopping center contains 102,035 square feet of building area. The applicant proposes to occupy 110 square feet of the parking lot, which is less than 1% of the building square footage on the site. This criterion has been met. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Subds 1103.08(1) through (5) of this Title. The parking lot fronting Highway 10 does not abut any residential properties. The nearest residential property is Wildwood Manor, an apartment building for senior citizens, which would be well screened from the proposed use by a stand of trees. C. All lighting shall be hooded and so directed that the light source shall not be visible from the public right of way or from neighboring residences and shall be in compliance with Section 1103.09 of the Code. Merryville Farm Market Resolution 5342 June 28, 1999 Page 2 The applicant will not have any lighting associated with the produce stand as it will be operating during daylight hours. d. Sales area is grassed or surfaced to control dust. The applicant is proposing to use an existing parking lot which is surfaced with asphalt. This criterion is met. WHEREAS, the Mounds View City Council has considered the provisions from Section 1125,01(1)e of the Zoning Code regarding possible adverse effects of the proposed use and makes the following findings: (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. The proposal is for a temporary produce stand in the parking lot of an existing shopping center. The Comprehensive Plan designates this site as HC --Highway Commercial. The produce stand is an appropriate use within this designation. The shopping center is surrounded by roadways and the area where the use is to be located is 1,000 feet from the nearest residential property. The sale of produce is a typical seasonal business in a community such as Mounds View and it serves a community need. The short duration of the use will result in little, if any, adverse effect upon the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council recommends approval of the conditional use permit with the following stipulations: 1. The facility shall be allowed to operate from July 1 to September 30 of each year. 2. The hours of operation of the facility shall not exceed 8:00 a.m. to 9:00 p.m. 3. Signage shall be allowed only as affixed to the gazebo base and/or canvas roof. 4. Lighting for the use shall be supplied by existing parking lot standards. The applicant shall provide the following on an annual basis to the Director of Community Development: a. Letter of permission from property owner. b. Complete set of site plans C. Narrative description of the proposal. Merryville Farm Market Resolution 5342 June 28, 1999 Page 3 6. This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such review, in the estimation of the Director of Community Development or the City Council. BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. Adopted this 28th day of June, 1999. Dan Coughlin, Mayor Attest: Charles S. Whiting, City Clerk / Administrator (Seal) N:\DATA\GROUPS\COMDEV\DEVCASES\554-99\5342CC.RES lbG ORDINANCE NO. _CQ_A S CITY OF MOUNDS VIEW, RAMSEY COUNTY AN ORDINANCE GRANTING RELIANT ENERGY MINNEGASCO, A NATURAL GAS UTILITY, A DIVISION OF RELIANT RESOURCES CORPORATION, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND PUBLIC GROUND OF THE CITY OF MOUNDS VIEW, MINNESOTA FOR SUCH PURPOSES; AND PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. TIS CITY COUNCIL OF MOUNDS VIEW ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following terms shall mean: 1.1. City, City Council, City Clerk. These terms mean respectively, the City of Mounds View, the Council of the City of Mounds View, and the Clerk of the City of Mounds View. 1.2. City Utility System. Facilities used for providing public utility service owned or operated by the City or agency thereof including sewer, storm sewer and water service, street lighting and traffic signal systems but excluding Facilities for providing heating or other fomrs of energy. 1.3. Commission. The Minnesota Public Utilities Commission, or any successor, agency or agencies, including an agency of the federal government that preempts all or part of the authority to regulate gas retail rates now vested in the Commission. 1.4. Company. Reliant Energy Minnegasco, a division of Reliant Energy Resources Corporation, its successors and assigns, including successors and assigns of those portions of the Company that constitute any part or parts or the Gas Facilities subject to this franchise. 1.5. Effective Date. The date on which the ordinance becomes effective under Section 2.2. 1.6. Gas. Natural gas, manufactured gas, mix� of natural gas and manufactured gas or other fomes of gas energy. 1.7. Gas Facilities or Facilities. Gas transmission and distribution pipes, mains, lines, ducts, fixtures, and necessary facilities, equipment and appurtenances owned, operated or otherwise used by the Company for the purpose of providing gas energy for public use. 1.8. Non -Betterment Costs. Costs incurred by the Company from relocation, removal or rearrangement of Gas Facilities that do not result in an improvement to the Facilities. 1.9. Notice. A writing served by the party or parties on another party or parties. Notice to Company must be mailed or personally delivered to: Reliant Energy Minnegasco JMS-162951 MU210-14 V.P. Marketing & Customer Services 800 LaSalle Avenue Minneapolis, MN 55402 Notice to the City must be mailed to: City ofMounds View City Clerk 2401 Highway 10 Mounds View, MN 55112-1499 1.10. Public Way. A sheet, alley, or other public right-of-way within the City. 1.11. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose. SECTION 2. FRANCHISE. 2.1. Grant of Franchise. The City hereby grants to the Company, until , the limited right to import, manufacture, transport, distribute and sell gas for public and private use in the City. This right includes the provision of Gas that is (i) manufactured by the Company or its affiliates and delivered by the Company, (ii) purchased and delivered by the Company or (iii) purchased from another source by the retail customer and delivered by the Company. For these purposes, the Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Way and Public Ground of the City, via the most direct route, as determined by the City and the Company, to serve the customer account(s) located at the real property described in Exhibit A attached hereto, subject to further provisions of this ordinance, zoning ordinances, or other applicable ordinances, including permit procedures, as they may be enacted or amended from time to time. 2.2. Effective Date; Written Acceptance. This franchise shall be in force and effect from and after its Passage and publication as required by law, and its acceptance by the Company in writing filed with the City Clerk within 60 days after publication. 2.3. Nonexclusive Franchise. This is not an exclusive franchise. 2.4. Preparation; Publication Expense. The expense of preparation, and publication of this ordinance shall be paid by the Company. 2.5. Default. If the Company is in default in the performance of any material part of this franchise for more than 60 days, unless weather conditions or remedial efforts warrant a longer time, after receiving Notice from the City of such default, the City Council may, by ordinance, terminate all rights granted hereunder to the Company. The Notice of default shall be in writing and shall specify the provisions of this franchise under which the default is claimed and state the basis therefor. Such Notice shall be served on the Company by personally delivering the Notice to an officer thereof at its principal place of business in Minnesota. 2.6. Notice and Cure. If the Company is in default as to any part of this franchise, the City may, after Notice to the Company and the failure of the Company to cure the default within a reasonable time, take such action as may be necessary to abate the condition caused by the default. The Company agrees to reimburse the City for all its reasonable costs incurred in connection with the default. JMS-162951 MU210-14 2.7. Contest of Default. If the City or Company asserts that the other party is in default in the Performance of any obligation hereunder, the complaining party must notify the other party in writing of the default and the desired remedy. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days after service of the notice, the parties may jointly select a mediator to facilitate further discussion. The parties will share the fees and expenses of the mediator equally. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after first meeting with the mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law. 2.8. Continuation of Franchise. If this City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of their intention to allow the franchise to expire, provided, however, that if the City is imposing franchise fees at the time of such expiration, such fees will continue on the same terms and conditions until the new franchise is agreed upon. SECTION 3. CONDMONS OF USE. 3.1. Use of Public Ways and Public Ground. Gas Facilities must be located, constructed, installed, operated and maintained so as not to interfere with a City Utility System or with the safety and convenience of ordinary travel along and over Public Ways or with the health and safety of the inhabitants of the City. Gas Facilities must be located on Public Ways and Public Grounds as determined by the City. The Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities is subject to other ordinances and regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state and federal law. 3.2. Field Location. Upon request by the City, the Company must provide field locations for any of its Gas Facilities within the period of time required by Minnesota State Statute 2161). 3.3. Permit Required. The Company may not open or disturb the surface of any Public Way or Public Ground without fust having obtained a permit from the City, for which the City may impose a reasonable fee. The permit conditions imposed on the Company may not be more burdensome than those imposed on other utilities for similar facilities or worm. The Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) the Company gives notice to the City before, if possible, commencement of the emergency repair. Within two business days after commencing the repair, the Company must apply for any required permits and pay the required fees. 3.4. Company Protection of Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilities by persons, property or the elements. The Company and the City will comply with all applicable laws and codes when performing work near the Gas Facilities. The City does not waive any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. JMS-162951 MU210-14 3.5. Relocation of facilities in Public Ways. The Company shall promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its Facilities in the Public Ways when it is necessary to prevent interference, and not merely for the convenience of the City, in connection with: (1) a present or future local government use of the Public Way for a public project, including a City Utility System, (2) the public health or safety; or (3) the safety and convenience of travel over the Public Ways. If such relocation is done without an agreement first being made as to who shall pay the relocation cost, the Company's relocation of the Facilities shall not be considered a waiver of any right to be reimbursed for the relocation cost. If the Company claims that it should be reimbursed for a relocation cost, it shall notify the City within thirty (30) days of receipt of such order. 3.6. Relocation of Facilities in Public Ground. The City may require the Company to relocate Facilities within or remove Facilities from Public Ground upon a finding by the City that the Facilities have become or will become a substantial impairment of the public use or enjoyment of current or planned use of the Public Ground The relocation or removal will be at the Company's expense when the City properly exercises its police power. The Company does not waive its rights under an existing easement or prescriptive right in the Public Ground The City will not require the removal of abandoned Gas Facilities in Public Ground, unless those Facilities have become or will become a substantial impairment of the public use or enjoyment of the Public Ground. 3.7. Street Improvements, paving or Resurfacing. The City shall give the Company reasonable written Notice ofplans for street improvements where paving orrestufacing of a permanent nature is involved The Notice shall contain the nature and character of the improvements, the streets upon which the improvements are to be made, the extent of the improvements and the time when the City will start the world and, if more than one street is involved, the order in which this work is to proceed. The Notice shall be given to the Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit the Company to make any additions, alterations or repairs to its Facilities the Company deems necessary. SECTION 4. FRANCHNE FEE. 4.1. Form. During the term of the franchise hereby granted, and in addition to permit fees being imposed or that the City has a right to impose, the City may charge the Company a franchise fee. The fee may be (i) a percentage of gross revenues received by the Company for its operations within the City, or (ii) a flat fee per customer based on metered service to retail customers within the City or on some other similar basis, or (iii) a fee based on units of energy delivered to any class of retail customers within the corporate limits of the City. The formula for a franchise fee based on units of energy delivered may incorporate both commodity and demand units. The method of imposing the franchise fee, the percentage of revenue rate, or the flat rate on the per unit rate may differ for each customer class or combine the methods described in (i) — (iii) above in assessing the fee. The City shall seek to use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. If the Company claims that the City -required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company shall provide a formula that will produce a substantially similar fee amount to the City and reimburse the City's reasonable fees and costs in reviewing the formula The City will attempt to accommodate the Company but is under no franchise obligation to adopt the Company- proposed franchise fee formula 4.2. Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon the Company by certified mail. The fee shall not become effective until JMS-162951 MU210-14 at least 60 days after written notice enclosing such adopted ordinance has been served upon the Company by certified mail. 4.3. Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee or tax of the same or substantially similar amount on the sale of gas energy within the City by any other gas energy supplier, provided that, as to such supplier, the City has the authority to require a franchise fee or impose a tax. 4A Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same notice requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount which the Company may legally charge to its customers prior to payment to the City. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company agrees to make available for inspection by the City at reasonable times all records necessary to audit the Company's determination of the franchise fee payments. SECTION 5. INDEMNIFICATION. 5.1. Terms. The Company shall defend, indemnify and hold harmless the City from all liability or claims of liability for bodily injury or death to persons, or for property damage, in which the claim: 5.1.1. Alleges a negligent or otherwise wrongful act or omission of the Company or its employee, agent or independent contractor in installing, maintaining, operating or repairing the Company's Facilities; and alleges that the City is liable, without alleging any independent negligent or otherwise wrongful, act or omission on the part ofthe City, or 5.1.2. Is based on the City's negligent or otherwise wrongful act or omission in issuing a permit or in failing to properly or adequately inspect or enforce compliance with a term, condition, or purpose of the permit granted to the Company. 5.2. Litigation If a suit is brought against the City under circumstances where the agreement in this Section 5 to indemnify applies, the Company at its sole cost and expense will defend the City in such suit if Notice thereof is given to the Company within a reasonable period. Notice by the City of a claim or action promptly given to the Company within a period wherein the Company is not prejudiced by the lack of notice, constitutes a reasonable period. The City shall not be entitled to reimbursement for its costs incurred prior to notification of the Company of the claims or actions. The Company will thereafter have control of the litigation, but the Company may not settle such litigation without the consent of the City, which consent will not be unreasonably withheld This section is not as to third parties a waiver of any defense or immunity otherwise available to the City; or to the Company. In defending any action on behalf of the City, the Company shall have available to it every defense or immunity that the City could assert in its own behalf. SECTION 6. Ll:NMATIONS ON APPLICABILITY. This Ordinance constitutes a franchise agreement between the City and the Company. No provision of this franchise inures to the benefit of any third person, including the public at large, so as to constitute any such person as a third -party beneficiary of the agreement or of any one or more of the terms hereof or otherwise give rise to any cause of action for any person not a party hereto. JMS-162951 MU210-14 SECTION 7. ASSIGNMENT. The Company, upon notice to the City shall have the right and authority to assign all rights conferred upon it by this franchise to any person. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this franchise. SECTION 8. CHANGE IN FORM OF GO Any change in the form of government of the City shall not affect the validity of this franchise. Any governmental unit succeeding the City shall, without the consent of the Company, automatically succeed to all or the rights and obligations of the City provided in this franchise. SECTION 9. SEVERABILITY. If any portion of this franchise is found to be invalid for any reason whatsoever, the validity of the rest of this franchise shall not be affected SECTION 10. PREVIOUS FRANCHISE SUPERSEDED. This franchise supersedes and replaces previous franchises granted to the Company or its predecessors, if any. SECTION 11. AMENDMENTS. This ordinance may be amended at any time by the City. An amendatory ordinance becomes effective upon the filing of the Company's written consent thereto. SECTION 12. EFFECTIVE DATE OF ORDINANCE. This ordinance takes effect pursuant to the provisions of Section 2.2 contained herein. Read by the City Council of the City of Mounds View this _ day of , 1999. Read and passed by the City Council of the City of Mounds View this day of , 1999. Dan Coughlin, Mayor Charles S. Whiting, City Clerk/Administrator APPROVED AS TO FORM: Robert C. Long, City Attorney JMS-162951 MU210-14 EXHIBIT A Description of Customer Accounts Lot 1, Block 1, North Star Industrial Park 2nd Addition (Zep Manufacturing). JMS-162951 MU210-14 IU Ei ORDINANCE NO.(5,3 q CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY MINNEGASCO NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance No. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 517 and Ordinance No. 518, which are the Franchise Agreements ("Franchise Agreements") between the City of Mounds View (the "City") and Northern States Power Company (the "Company"), a franchise fee of not more than four (4) percent of the Northern States Power Company's ("NSP") gross operating revenues may be imposed by the City at any time during the 20 year term of the Franchise. The franchise fee is paid as full compensation for the rights to transmit and furnish electric energy for light, heat, power and import, transport, sell and distribute natural gas for heating, illuminating and other purposes as outlined in Section 2 of Ordinance Nos. 517 and 518. b. Pursuant to Ordinance No. 605 effective December 13, 1997, the City imposed a franchise fee under the electric and natural gas Franchise Agreements in the amount of two and one-half (2.5) percent of NSP's gross revenues, as defined in Section 4.2 of the Franchise Agreements, subject to a sunset on December 31, 1998. C. Pursuant to City Ordinance No. 625, a Franchise Agreement between the City and Reliant Energy Minnegasco ("Minnegasco"), the City has the right to impose a franchise fee on Minnegasco in amount and fee designs as set forth in Section 4.1 of the Franchise. The City currently imposes franchise fees of two and one-half (2.5) percent on NSP gas and electric as described in Subdivision l .b. above. The Minnegasco Franchise allows such a similar fee to be imposed by the City on Minnegasco. Subd. 2. Statement. A franchise fee is hereby imposed on Minnegasco under its natural gas Franchise in the amount of two and one-half (2.5) percent of the Minnegasco's gross revenues, as defined in Section 4.1 of the Franchise commencing with the Minnegasco's 1999 billing month. SJR -163921 MU210-14 Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4.4 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effect rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Minnegasco by certified mail. Subd. 6. Sunset Clause. This ordinance shall automatically sunset on SECTION 2. This ordinance takes effect 30 days after its publication. Read by the City Council of the City of Mounds View this day of , 1999. Read and passed by the City Council of the city of Mounds View this day of '1999. Dan Coughlin, Mayor Charles S. Whiting, City Clerk/Administrator APPROVED AS TO FORM: Robert C. Long, City Attorney SJR -163921 2 MU210-14 06,03-99 14:23 From -KENNEDY A GRAVEN +612337.0310 T-295 P.04/20 F-153 ORDINANCE NO.(o3D CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE TO ENACT A NEW CHAPTER OF THE MOUNDS VIEW CODE OF ORDINANCES TO ADMINISTER AND REGULATE THE PUBLIC RIGHT OF WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS THE COUNCEL OF MOUNDS VIEW ORDAINS; SECTION 1. Title 900 of The Mounds View Municipal Code shall be amended by the addition of an entirely new Chapter 910, to read as follows: Chapter 910 Right -of -Way Management SECTION 910.01. Findings, Purpose rind Intent 910.02. Election to Manage the Public Rights-of=Way 910.03, Definitions 910.04. Administration 910.05. Registration and Right -of -Way Occupancy 910.06: Registration Information 910.07. Reporting Obligations 910.05. Permit Requirement 910.09. Pc=1 Applications 910.10. Issuance of Permit; conditions 910.11. Permit Fees 910.12. Right -of -Way Patching and Restoration 910.13. Joint Applications 910.14. Supplementary Applications 910.15. Other Obligations 910.16. Denial of Permit 910.17. Iustalladon Requirements 910.18. Inspection 910.19. Work Done Without a Permit 910.20. Supplementary Notification 910.21. Revocation of Permits 910.22. Mapping Data 910.23. Location of Facilities 910.24, Relocation of Facilities 910.25. Pre -Excavation Facilities Location 910.26. Damage to Other Facilities 910.27. Right -of -Way Vacation SJR-163%r- MU210-14 06-03-00 14:24 From -KENNEDY A GRAVEN +6123372310 T-285 P.06/20 F-153 910.28 Indemnification and Lability 910.29. Abandoned and Unusable Facilities 910.30, Appeal 910.31 Reservation of Regulatory and police Powers 910.32. Severability Sample Application for Right -of -Way Permits 910.01: FINDINGS, PURPOSE, AND INTENT: The City hereby enacts this new Chapter of this Code relating to right-of-way permits and administration and to provide for the health, safety and welfare of its citizens,. and to ensure the integrity of its streets and the appropriate use of the rights-of-way. This Chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to be placed therein. Ii is intended to complement the regulatory roles of stale and federal agencies. This chapter„hall be intarprctcd consisicntly with 1997 Session Laws, ChapTer 123, substantially codified in Minnesota Statutes, Sections 237.16, 237.162, 237.163, 237.79, 237.x1, and 238.086 (the "Act") and the other laws governing applicable rights of the city and users of the right-of-way. This chapter shall also be interpreted consistently with Minnesota Rules Part 7819.0050 -- 7819.9950 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. 910.02: ELECTION TO MANAGE THE PUBLIC RIGHT-OF-WAY: In accordance with the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects pursuant to this chapter to manage rights -of -ways within the jurisdiction. 910.03: DEFINITIONS: The following definitions apply in this Chapter of this Code. References hereafter to "sections" are unless otherwise specified references to sections in this Chapter. Defined terms remain defined terms whether or not capitalized. "Abandoned facility” means a facility no longer in service or physically disconnected from a Portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. "Applicant" means any Person requesting permission TO Excavate or obstruct a Right-of- way. "City" means the City of Mounds view, Minnesota. For purposes of section _, City means its elected officials, officers, employees and agents. "Commission" means the Minnesota Public Utilities Commission. "Congested right-of-way" means a crowed condition in the subsurface of the public right-of- way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities without using hand digging to expose the existing lateral SJR -163903 MU210-14 06-03-99 14:24 From -KENNEDY A GRAVEN +6123379310 T-295 P.06/20 F-153 facilities in conformance with Minnesota Statutes, section 216D.04. subdivision 3, over a continuous length in excess of 500 fear. "Construction Performance Bond" means any of the following forms of security provided at perzniuee's option: A. Individual project bond; B. Cash deposit; C. Security of a form lismd or approved under Minn. Star. See. 15.73, sub. 3; D. Letter of Credit, in a form acceptable to the LOU E. Self-insurance, in a form acceptable to the LOU F. A blanket bond for projects within the city, or other form of construction bond, for a time specified and in a forth acceptable to the city. "Degradation" means a decrease in the useful life of the Right -of -Way caused by excavation in or disturbance of the Right -of -Way, resulting in the need to reconstruct such Right -of - Way earlier than would be required if the excavation or disturbance did not occur. "Degradation Cost" subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration as determined by the City at the time the permit is issued, not to exceed the maximum Restoration shown in plates 1 to 13, set forth in Minnesota Rules parts 7819.9900 to 7819.9950. "Degradation Fee" means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation costs. "Department" means the deparunew of public works of the city. "Department inspector" means any person authorized by the director to carry out inspections related to the provisions of this chapter. "Director" hearts the director of the department of public works of the city, or her or his designee. "Delay Penalty" is the penalty imposed as a result of unreasonable delays in right-of-way excavation, obstruction, patching, or restoration as requested by permit. "Emergency" means a condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement of facilities in order to restore service to a customer. "Equipment" means any tangible asset used to install, repair, or maintain facilities in any right-of-way. "Excavate" means to dig inro or in any way remove or physically disturb or penetrate any part of a right-of-way. SIR•163902 14U210-14 06-03-99 14:25 From -KENNEDY A GRAVEN +6113379310 T-295 P.07/20 F-153 "Excavation Permit" means the permit which, pursuant to this chapter, must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right-of-way described in such permit. "Excavation Permit Fee" means money paid to the city by an applicant to cover the costs as provided in Section "Facility or Facilities" means any tangible asset in the right-of-way required to provide utility service. "Five-year project plan" shows projects adopted by the local government unit for construction within the next five years. "High density corridor" means a designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure "Hole" means an excavation in the pavement, with the excavation having a length less than the width of the pavement. "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant rcgaiding all matters within the scope of this chapter. "Management Costs" means the actual costs the City incurs in managing its rights-of-way, including such costs, if incurred, as those associated with registering Applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adegaacy of right-of-way restoration; restoring work - inadequately performed after providing notice and the opportunity to correct the work; and revoking right -of -way permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes, Sections 237.162 or 237.163 or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to Section of this chapter. "Obstruct" means to place any tangible object in a right-of-way so as to hinder free and open passage over that or any pati of the right-of-way. "Obstruction Permit" means the permit which, pursuant to this chapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. "Obstruction Permit Fee" means money paid to the city by a permittee to cover the costs as provided in Section M -163x03 MUM -l4 4 06-03-99 14:25 From-KENNEDYA GRAVEN +6123379310 T-295 P.08/20 F-153 "Patch or Patching" means a method of pavement replacement that is temporary in nature. A patch consists of (1) the compaction of the subbase and aggregate base, and (2) the replacement, in land, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city's five -yew project plan. ��Pavernent" means any type of improved surface that is within the public right -Of -way and That is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. "Permit" has the meaning given 'right-of-way permit" in Minnesota Statutes, Section 237.162. "Permittee" means any person to whom a permit to excavate or obstruct $ right-of-way has been granted by the city under this chapter. "Person" means an individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. 'Probation" means the status of & person that has not complied with the conditions of this Chapter. "Probationary Period" means one year from the date that a person has been notified in writing that they have been put on probation "Registrant" means any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way "Restore or Restoration" means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. "Restoration Cost" means the amount of money paid to the city by a permittee to achieve the Ievel of restoration according to plates 1 to 13 of PUC rules. "Public Right -of -Way "means the area on, below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right- of-way does not include the airwaves above a right-of-way with regard to cellular or other non -wire telecommunications or broadcast service. ((Note: this definition does not include other public grounds, which may be the subject of other city requirements.)] "Right -of -Way Permit" means tither the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter. "Right-of-way user" means (1) a telecommunications right-of-way user as defined by Minnesota Statutes, Section 237.162, subdivision 4; or (2) a person owning or controlling a SIR -163903 MU210-14 0603-99 14:26 From -KENNEDY 6 GRAVEN +6123379310 T-295 P-09/20 F-153 facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right raider law, franchise, or ordinance to use the public right-of-way. "Service or Utility Service" includes (1) those services provided by a public utility 4!* defined to Minn. Stat. § 216B.02, subds. 4 and 6; (2) services of a telecommunications right- of-way user, including transporting of voice or data information; (3) services of a cable communications systems as def nrd in Minn. Statutes, Chapter 238; (4) natural gas or electric energy or telecommunications services provided by the city; (5) services provided by a cooperative electric association organized under Minnesota Statutes, Chapter 308A; and (6) water, sewer, steam, cooling or heating services. '*Supplementary Application" means an application made to excavate or obstruct more of the right -Of -way than allowed in, or to extend, a permit that had already been issued. "Temporary surface" means the compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation, It is temporary in nature except when the replacement is of pavement included in the local government unit's two-year plan,_ in which case it is considered full restoration. "Trench" means an excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. "relecommunicadon Rights -of Way User" means a person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right -of --way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this chapter, it cable communication system defined and regulated under Minnesota Statutes, Chapter 238, and telecommunication activities related to providing natural gas or electric energy services whether provided by a public utility as defined in Minnesota Statutes, Section 2168.02, a municipality, a municipal gas or power agency organized under Minnesota Statutes, Chapters 453 and 453A, or a cooperative electric association organized under Minnesota Statutes, Chapter 308A, are not telecommunications right-of-way users for purposes of this Chapter.. "Two year project plan" shows projects adopted by the local government unit for construction within the next two years. 910.04: ADMINISTRATION: The Director is the principal City official responsible for the administration of the Rights -of -Way, Right -of -Way Permits, and the ordinances related thereto. The Director may delegate any or all of the duties hereunder. 910.05: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY: Subd. l - Registration: Each Person who occupies, uses, or seeks to occupy or usa, the Right -of - Way or place any Equipment or Facilities in or on the Right -of -Way, including Persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the Director. Registration will consist of providing application information and paying a registration fee. SJR -03902 Mu2iu-1a 6 06-03-99 14:26 From -KENNEDY A GRAVEN +6123379310 T-295 P.10/20 F-153 Subd. 2. Registration Prior to Work: No Person may construct, install, repair, remove, relocate, or perform any other work on, or use any Facilities or any part thereof in any Right -of -Way without first being registered with the Director. Subd. 3. Exceptions: Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting Persons to plant or maintain boulevard plantings or gardens in the area of the Right -of -Way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the Right - of -Way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this Chapter. However, nothing herein relieves a Person from complying with the provisions of the Minn. Stat. Chap. 216D, One call Law. 910.06: REGISTRATION INFORMATION: Subd. 1. Information Required: The information provided to the Director at Elle time of registration shall include, but not be limited to: (a) Each Registrant's name, .Gopher One-Call.registration certificate number, address and e- mail address if applicable, and telephone and facsimile numbers. (b) The name, address and a -trail address, if applicable, and telephone and facsimile numbers of a Local Representative. The Local Representative or designce shall be available at all times, Current information regarding how to contact the Local Representative in an Emergency shall be provided at the time of registration. (c) A certificate of insurance or sclf insurance: (1) Verifying that an insurance policy has been issued to the Registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self insurance acceptable to the Director; (2) Verifying that the Registrant is insured against claims for Personal injury, including death, as -well as claims for property damage arising out of the (i) use and occupancy of the Right -of -Way by the Registrant, its officers, agents, employees and Permittees, and (ii) placement and use of Facilities and Equipment in the Right -of - Way by the Registrant, its officers, agents, employees and Permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground Facilities and collapse of property; (3) Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (4) Requiring that the Director be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; (5) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the Director in amounts S)A-163Wr- MU210-14 0603-99 14:27 From -KENNEDY A GRAVEN +6123379310 T-295 P.11/20 F-153 sufficient to protect the City and the public and to carry out the purposes and policies of this Chapter. (d) The City may require a copy of the actual insurance policies. (e) If the Person is a corporation, a copy of the certificate required to be filed under Minn. Stat. 300.06 as recorded and certified to by the Secretary of State. (f) A copy of the Person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other applicable state or federal agency, where the Person is lawfully required to have such certificate from said Commission or other state or federal agency. Subd. 2. Notice of Changes: The Registrant shall keep all of the information listed above current at all times by providing to the Director information as to changes within fifteen (15) days following the date on which the Registrant has knowledge of any change_ 910.0?: REPORTING OBLIGATIONS: Subd. 1. Operations: Each Registrant shall, at the time of registration and by December 1 of each Year, file a construction and major maintenance plan for underground Facilities with the Director. Such plan shall be submitted using a format designated by the Director and shall contain the. information determined by the Director to be necessaryto facilitate the coordination and reduction in the frequency of excavations and Obstructions of Rights -of - Way. The plan shall include, but not be limited to, the following information: (a) The locations and the estimated beginning and ending dates of all Projects to be commenced during the next calendar year (in this section, a "Next -year Project:"); and (b) To the extent known, the tentative locations and estimated beginning and ending dates for all Projects contemplated for the five years following the next calendar year (in this section, a "Five-year Project"). The term "project" in this section shall include both Next -year Projects and Five-year Projects. By January 1 of each year the Director will have available for inspection in the Director's office a composite list of all Projects of which the Director has been informed of the annual plans. All Registrants are responsible for keeping themselves informed. of the current status of this list. Thereafter, by February 1, each Registrant may change any Project in its list of Next -year Projects, and must notify the Director and all other Registrants of all such changes in said list. Notwithstanding the foregoing, a Registrant may at any time join in a Next -year Project of another Registrant listed by the other Registrant. Subd. 2. Additional Next -year Projects: Notwithstanding the foregoing, the Director will not deny an application for a Right -of -Way Permit for failure to include a project in a plan subinitted to the City if the Registrant has used commercially reasonable efforts to anticipate and plan for the project, SJ&163902 MU210-14 Q 06-09-99 14:27 From -KENNEDY i GRAVEN +6123379310 T-295 P.12/20 F-153 ry 910.08: PERMIT REQUIREMENT: Subd. I. Permit Required: Except as otherwise provided in this Code, no Person may Obstruct or Excavate any Right -of -Way without first having obtained the appropri;lte Right -of -Way Permit from the Director to do so. (a) Excavation Permit: An Excavation Permit is required by a Regi-strant to Excavate that part of the Right -of Way described in such permit and to hinder free and open passage over the specified portion of the Right -of -Way by placing Facilities described therein, to the extent and for the duration specified therein. {b) Obstruction Permit An Obstruction Permit is required by a Registrant to hinder free and open passage over the specified portion of Right-of-W$y by placing Equipment described therein on the Right -of -Way, to the extent and for the duration specified therein. An Obstruction Permit is not required if a Person already possesses a valid Excavation Permit for the same project. Subd. 2. Permit Extensions; No Person may Excavate or Obstruct the Right -of -Way beyond the dxtc or dates specified in the permit unless such Person (i) makes a Supplementary Application for another Right -of -Way Permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. Subd. 3. Delay Penalty: In accordance with Minnesota Rule 7819.1000 subp. 3 and notwithstanding subd. 2 of this section, the City shall establish and impose a Delay Penalty for unreasonable delays in Right -of -Way excavation, Obstruction, Patching, or Restoration. The Delay Penalty shall be established from time to time by City Council resolution. Subd. 4. Permit Display: Permits issued under this Chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shalt be available for inspection by the Director. 910.09. PERMIT APPLICATIONS: Application for a permit is made to the Director. Right -of Way Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (a) Registration with the Director pursuant to this Chapter; (b) Submission of a completed permit :application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed Facilities. (c) Payment of money due the City for (1) permit fees, estimated Restoration Costs and other Management Costs, (2) prior Obstructions or Excavations; (3) any undisputed loss, damage, or expense suffered by the City because of Applicant's prior excavations or Obstructions of the rights-of-way or any Emergency acuons takers by the City; »K-!63902 MU210-1; y 06-03-99 14:26 From -KENNEDY A GRAVEN +6123379310 T-295 P.13/20 F-153 (4) franchise fees or other charges, if applicable. (d) Payment of disputed amounts due the City by posting security or depositing In an escrow account an amount equal to at least 110% of the amount owing. (e) Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the director deems the existing construction, performance bond inadequate under applicable standards. 910.10: ISSUANCE OF PERMIT; CONDITIONS: Subd. 1. Permit Issuance: If the Applicant has satisfied the requirements of this Chapter, the Director shall issue a permit. Subd. 2. Conditions: The Director may impose reasonable conditions upon the issuance of the permit and the performance of the Applicant thereunder to protect the health, safety and welfare or when necassmy to protect the Right -of -Way at1d its current use. 910.11: PERMIT FEES: Subd. 1. Fee Schedule and Fee Allocation: The city's permit fee schedule shall be available to the public and established in advance. The peraut fees shall be designed to recover the City's actual cost incurred in managing the right-of-way and shall be based on an allocation among 411 users of the right-of-way, including the city. Subd. 2. Excavation Permit Fee: The city shall establish an Excavation Permit Fee in an amount sufficient to recover the following costs: (4) the City Management Costs; (b) Degradation Costs, if applicable. Subd. 3. Obstruction Permit Fee: The city shall establish the Obstruction Permit Fee and shall be in an amount sufficient to recover the City Management Costs. Subd. 4. Payment of Permit Fees: No Excavation Permit or Obstruction Permit shall be issued without payment of Excavation or Obstruction Permit Fees. The City may allow Applicant to pay such fees within thirty (30) days of billing. Subd. S. Non refundable: Permit fees that were paid for is permit that the Director has revoked for a breach as stated in Section 1.21 are 'not refundable. Subd. 6. Application to franchises: Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right-of-way user in the franchise. 910.12: RIGHT-OF-WAY PATCHING AND RESTORATION: SJR -163902 MU210-14 10 06-03-99 14:28 From -KENNEDY i GRAVEN +6123379310 T-295 P.14/20 F-153 . Subd. L Timing: The work to be done under the Excavation Permit, and the Patching 4nd Restoration of the Right -of -Way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be.done because of circumstances beyond the control of the Permittee or when work was prohibited as unseasonal or unreasonable under Section 1.15. Subd. ?. Patch and Restoration: Permittee shall Patch its own work. The City may choose either to have The City restore the Right -of -Way or to Restore the Right -of -Way itself. (a) City Restoration: If the City restores the Right -of -Way, Permittee shall pay the costs thereof within thirty (30) days of billing. If, following such Restoration, the pavement settles due to Permittee's improper backfilling, the Permittee shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. (b) Permittee Restoration: If the Permittee Restores the Right -Of -Way itself, 1t shall at the time of application for an Excavation Permit post a Construction Performance Bond in accordance with the provisions of Minnesota Rules 7819.3000. (c) Degradauon Fee in Lieu of Restoration: In lieu of right-of-way restoration, a right-of-way user may elect to pay a degradation fee. However, the right-of-way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. Subd. 3. Standards: The Permittee shall perform Patching and Restoration according to the standards and with the materials specified by the Director and shall comply with Minnesota Rule 7819.1100. The Director shall have the authority to prescribe the manner and extent of the Restoration, and may do so in written procedures of general application or on a case-by-case basis. Subd. 4. Duty to Correct Defects: The Permittee shall correct defects in patching, or restoration performed by permittee or its agents. Permittee upon notification from the Director, correct all restoration work to the extent necessary, using the method required by the Director. Said work shall be completed within five (5) calendar days of the receipt of the notice from the Director, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonal or unreasonable under Section 1.15. Subd. S. Failure to Restore: If the Permittee fails to Restore the Right -of -Way in the manner and to the condition required by the Director, or fails to satisfactorily and timely complete all Restoration required by the Director, the Director at its option may do such work. In that event the Permittee shall pay to the City, within thirty (30) days of billing, the cost of Restoring the Right -of -Way. If Permittee fails to pay as regltirccb the City may exercise its rights under the Construction Performance Bond. Subd. b. Degradation Fee in Lieu of Restoration: In lieu of Right -of -Way Restoration, a Right -of -Way user may elect to pay a Degradation Fee. However, the Right -of -Way User shall remain responsible for Patching and the Degradation Fee shall not include the cost to accomplish these responsibilities. 910.13: JOINT APPLICATIONS: Subd. 1. Joint Application: Registrants may Jointly apply for permits to Excavate or Obstruct the Right - of -Way at the same place and time. SJk-1636102 14u210-14 11 06-03-99 14:29 From -KENNEDY A GRAVEN +6123379310 T-295 P-15/20 F-153 Subd. 2. Shared Fees: Registrants who apply for permits for the same Obstruction or excavation, which the Director does not perform, may share in the payment of the Obstruction or Excavation Permit Per In order to obtain a point permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applicationx Subd. 3. With City Projects: Registrants who join in a scheduled Obstruction or excavation performed by the Director, whether or not it is a joint application by two or more Registrants or a single application, are not required to pay the Excavation or Obstruction and Degradation portions of the permit fee, but a permit would still be received. 910.14: SUPPLEMENTARY APPLICATIONS: Subd. 1. 1 imitauon on Area: A Right -of -Way Permit is valid only for the area of the Right -of -Way specified in the permit. No Permittee may do any work outside the area specified in the permit, except as provided herein. Any Permigee which determines that an area greater than that specified in the permit must be Obstructed or Excavated must before working in that greater area (i) make application for a permit cxtansion and pay any 4dditi=4 fees required thereby, and (ii) be granted a new permit or permit extension. Subd. 2. Limitation on dates: A Right -of -Way Permit is valid only for the dates specified in the permit. No Permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a Permittee does not finish the work by the permit end date, it MOST apply for a new permit for the additional time it needs, and receive the new perrrnit or an extension of the old permit before working after the end date of the previous permit. This Supplementary Application must be submitted before the permit end date. 910.15: OTHER OBLIGATIONS: Subd, 1. Compliance With Other Laws: Obtaining a Right -of -Way Permit does not relieve Permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required -by the City or other applicable rule, law or regulation. A Permittee shall comply with all requirements of local, state and federal laws, including Minn. Stat. - - 216D.01-.09 (One Call Excavation Notice System). A Permittee shall perform all work in conformaatce with all applicable codes and established rules and regulations, and is responsible for all work done in the Right -of -Way pursuant to its permit, regardless of who does the work. Subd. 2. Prohibited Work: Except in an Emergency, and with the approval of the Director, no Right -of - Way Obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. Subd. 3. 1Rterference with Right -of -Way: A Permittee shall nor so Obstruct a Right -of -Way that rine natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the Right -of -Way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. SJR -163903 Mu2in-14 12 06-03-99 14:29 From—KENNEDY A GRAVEN +6123379310 T-295 P.16/20 F-153 . 910.16: DENIAL OF PERMIT: The Director may deny a permit for failure to meet the requirements and conditions of this Chapter or if the Director detcrmines that the denial is necessary to protect the health, sd ely, and welfare or when necessary to protect the Right -of -Way and its current use. f (� 110.17: INSTALLATION REQUIREMENTS: The excavation, backfilling, Patching and Restoration, and all other work performed in the Right -of -Way shall be done in conformance with Minnesota Rules 7819.1100 and other applicable local requirements, In so far as they are not inconsistent / with the Minnesota Statutes, Sections. 237.162 and 237.163. 910.18: INSPECTION: Subd. 1. Notice of Completion: When the work under any permit hereunder is completed, the Permittee shall furnish a Completion Certificate in accordance Minnesota Rules 7819.1300. Subd. 2. Site inspection: Permittee shall make the work -site available to the Director and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. Subd 3. Authority of Director: (a) At the time of inspection the Director may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (b) The Director may issue an order to the Permittee for any work which does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the Permittee shall present proof to the Director that the violation has been corrected. If such proof has nor been presented within the required time, the Director may revoke the permit pursuant to Section,,.. 910.19: WORK DONE WITHOUT A PERMIT: Subd. 1, Emergency Situations: Each Registrant shall immediately notify the Director of any event regarding its Facilities, which it considers to be an Emergency. The Registrant may proceed to take whatever actions are necessary to respond to the Emergency. Within two business days after the occurrence of the Emergency the Registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Chapter for the actions it took in response to the Emergency. If the Director becomes aware of an Emergency regarding a Registrant's Facilities, the Director will attempt to contact the Local Representative of each Registrant affected, or potentially affected, by the Emergency. In any event, the Director may take whatever action it deems necessary to respond to the Emergency, the cost of which shall be borne by the Registrant whose Facilities occasioned the lrmergency. Subd. 2. Non -Emergency Situations: Except in an Emergency, any Peron who, without first having obtained the necessary permit, Obstructs or Excavates a Right -of -Way must subsequently obtain a permir, and as a penalty pay double the normal fee for said permit, pay double all the other fees SM -163W2 1411310.14 13 of Mounds View Staff Re Item No./Q r� Staff Report N Meeting Date: June 28, 1999 Type of Business: P.H. WK.- Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business rt To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Review of Streets Committee Report Date of Report: June 24, 1999 The first of two public hearings on the Street Committee Report will be on Monday night's meeting. This meeting will consider public input and to the direction of the committee's report and provide the City Council with some direction for the community's future street reconstruction and rehabilitation strategies.. Two major items recommended by the committee were to consider the existing design / width of the particular street section the standard by which future projects would begin at. This change would require a resolution amending the resolution that earlier set the construction standards for all streets. The second recommendation of the committee was to lower the percentage assessed to the property owners from 50% to 20 25%. This percentage (50%), is the same for water and wastewater main replacement / improvement. This reduction would require an amendment to the Ordinance that established the current percentage. Staff will seek Council's direction for preparation of these amendments following the Public Hearing. Staff has requested budgetary quotes from a couple of construction companies for various pavement rehabilitation methods. These estimates may prove helpful to Council in determining any percentages of assessments for various rehab methods. In an effort to reduce a lump sum street or utility assessment, staff is seeking input from Council regarding a possible wastewater system improvement flat charge and possibly a referendum question on the 2000 election ballot for additional tax increase beyond the levy limits for future street improvements. This question could provide valuable input to the City Council and residents as to the direction the City should proceed in it's future street projects. As of this writing, staff has not received the budgetary quotes from the companies contacted. Hopefully on Monday I can put together a scale of estimated project expenses for Council's review. It might even be a little premature for these at this time. zz Mich el Ulrich, Director of Public Works Streets Policies Committee Final Report April 5, 1999 Introduction In 1998, Mounds View City Council experienced a lack of community support for the proposed Spring Lake Road/County Road I project. Recognizing that evaluation is an essential step for learning from past experiences and recognizing successes, City Council set forth in Resolution 5267, creating the Streets Policy Committee. Its task was to review city road reconstruction policies, operating practices, assessment policies, and the city's ability to finance future projects. At times the opinions of the group were in opposition, however, the group rose to the occasion by compromising on solutions that represented a common ground. Membership into this committee was open to any Mounds View resident and included two civil engineers and one watershed expert. The result of the group's efforts are finalized in this report, which offers recommendations for change and generates workable solutions. The committee The ten -member group has met four times during Nov. 5, 1998 through Dec. 31, 1998. Members are Mounds View residents Ordeen Braathen, Dan Coughlin, Barbara Haake, Brian Kaden, Mary Malrick, Rob Marty, Pat Michna, Jim Norton, Deb Rielley, and Jim Schmidt. Mary Malrick served as committee chair. City Administrator Chuck Whiting has served to facilitate discussion and record minutes. Advising the committee was Public Works Director Mike Ulrich, who reviewed the existing reconstruction policies and engineering timetable. Council Member Gary Quick attended a meeting to listen and offer his input. After Jan. 1, 1999, Dan Coughlin and Rob Marry, withdrew from the committee to accept their newly elected positions as Mounds View's Mayor and Councilmember, respectively. After that transition, four meetings were held: Jan. 7, Jan. 21, Feb. 25, and March 8. Recommendation 1 The standard from which to start considering a street improvement should be based on the current design of the street. Discussion: The reconstruction guidelines should reflect flexible policy regarding road design. For purposes of discussion, road design includes pavement width, curb and gutter, sidewalks, trails, and new storm sewer installation where there was none previously. Current policy states that all roads be constructed to a minimum width of either 28' or 30'. Presently numerous streets will need widening to meet that standard. The committee's consensus is that the proposed street designs will begin with the existing distinguishing features, water flow problems, engineering concerns, traffic patterns, and accident prone areas. Incentives: Determining the residents' desires earlier in the process benefits the residents, Council, and city staff. Documenting the questionnaire's results and the informational meetings' responses in the feasibility study provides the citizens with a way to influence decisions for a project that will affect them directly. Council is given a more concrete vehicle to respond to the citizens' input regarding a particular project. Finally, actively seeking the residents' desires will ultimately compliment the reconstruction process by reflecting a project based on a mix of both city and residential goals. Recommendation 4: The city integrates a flexible 18- to 36- month time schedule for street reconstruction projects. Discussion: Current city reconstruction practices use an eighteen -month time schedule for reconstruction projects. Using a three-year timeline will provide ample time to propose, adopt, and construct a road reconstruction project. During this time period citizens and officials will work together to bring community support to the project. Proposals are examined, concerns are addressed, and workable solutions are sought. If the project's issues can not be resolved, it is dropped and revisited at an annual reprioritized visit. The below three-year process outlines the goals of each phase. Year 1: Initial contact with residents informing them that the city needs to consider a street improvement for their street. City mails out a questionnaire to the residents within the project area to determine their concerns and interests; design type options are explored with residents. Objective is to establish rapport with residents, understand interests, create workable relationships to determine project. Year 2: Contact with residents reestablished with further project development discussions, more purpose given to real project design parameters in accordance with residents' interests, time frame for construction, assessment, etc. established with residents. If project is defined and determined to be acceptable, recommendation will go to Council for implementation for following year's budget and construction season. Year 3: City commences with 429 -assessment process and project construction. (Quoted from minutes 12-3-98) municipalities assessed residents 20-25% of the construction cost, resulting in assessments that averaged $1500 — $2000 per 100' lot. The interviewed cities' share of reconstruction costs were generated from MSA funds, debt bonds, general tax revenue, and special accounts that may include revenue from storm water management funds and/or special interest bearing accounts. 1. Bonding. Most cities in the survey paid for reconstruction by a mix of both assessments and bonds. It was noted in order for cities to issue debt bonds the city must assess at least 20% through special assessments. The disadvantage of bonding is interest expense and cost of initiating a bond typically adds 3-5% to its overall cost. 2. General taxes. Cities may pay for road reconstruction projects through general taxes. One disadvantage is that general tax increases are restricted by levy limits, which would restrict the city's ability to finance projects. 3. Special Accounts. The cities of Arden Hills and White Bear Lake are in the unique position of not needing to bond for road reconstruction projects. In anticipation of future reconstruction costs, they created interest-bearing accounts, in which the principal is never used and the interest is earmarked solely for road reconstruction. Incentives and barriers: Creating interest-bearing accounts will take time to accumulate enough funds to generate an appreciable interest. White Bear Lake used a five-year plan of adding annually to the account, in addition to depositing any windfalls to the city. Mounds View could designate that any proceeds from city -owned properties be reinvested into the community's road infrastructure. Although, this list is not complete, Mounds View owns property on Highway 10 and on Old 8, which profits from these properties could be used as account seed money. Recommendation 7: Reduce the property owners' assessment from 50% to 20-25% of the reconstruction project. Discussion: Minnesota State Statue 429 mandates that special assessments can not exceed the benefit it brings to the property. Minnesota Supreme Court interprets that benefit to be the difference in market value before and after the improvement. Mounds View's 50% assessment policy yields assessments that exceed the limits set by Statute 429. For example, the proposed Spring Park Road/County Road I project projected assessments of at least $4000 per 100' lot. Many older homes situated on larger lots were seeing projected assessments of $5,000 and $6,000, although their appraised market value is $90,000. It would be difficult to support the claim that an older home would be valued at Appendix: It has been brought to the attention of the residents along the Spring Lake Road/County Road I project that the language in Mounds View Ordinance 202.07 is vague. The existing ordinance reads "signed by a majority of the number of electors who voted for the Mayor in the last regular Municipal election, ..." (Ordinance 202.07b). It is unclear if that statement means electors who participated in the election or electors who voted for the Mayor in the election. We respectfully request that Council seek to resolve this ambiguity. Glossary ADT: Average daily traffic on a road. Ad valorem taxes: Taxes imposed on the value of property. Debt service levy: Taxes assessed that are use to pay a bond. Unlike an operating levy, limits are considered outside of state restriction. Drainage basin: A land area bound by highpoints, which drains all surface water into a single Stream or other body of water. Encumbered money: Funds included in the monetary balance, but reserved for a particular project. Franchise fee: Mounds View's taxation based on 2 1/2 % ofNSP's utility bill. This fee generates approximately $200,000 per year. Currently funds go directly to the general tax fund. Impervious surfaces: Surfaces that cannot be easily penetrated by water. Examples include pavement, buildings, and compacted soils. Levy: The action of assessing; the obtaining of money through taxation. MSA: (Municipal State Aid). Part of MN -Dot. Set up primarily to deal with a city's MSA street system, by helping financially and insuring that standard of a continuous road system is applied between cities. MSA allocation: An annual subsidy from MSA to help city's pay for street maintenance and reconstruction of MSA streets. The subsidy is based on a formula of Mounds View's population and needs of our MSA streets. Mounds View's 1999 allocation is $315,000. MSA streets: A system streets designated within a city that carry heavier traffic counts and connect points of major traffic interest. Typically, they are collector or arterial streets. Sewer Fund: Pays for maintenance of the lift stations. 80-90% of fund is paid to MET Council. Special Projects Fund: A Mounds View's fund established with the expressed purpose to generate interest, which is then tapped for special projects. The principal remains in the account. This fund generates $80,000 - $90,000 annually from its $1.6 million balance. Currently the interest pays for street maintenance. water runoff: Rain that flows off the surface of land without entering the soil. Surface Water Fund: Generates $200,000 annually; used for street sweeping, ditch maintenance, and cleaning storm sewers. Watershed: A geographical region that water drains into a particular river, stream, or body of water. Mounds View is located within the Rice Creek Watershed Basin. RESOLUTION No. 5267 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION CALLING FOR THE FORMATION OF A CITIZENS COMMITTEE TO REVIEW THE CITY'S STREET CONSTRUCTION, ASSESSMENT AND FINANCING POLICIES AND PROCEDURES WHEREAS, the Mounds View City Council has reviewed city policies and procedures regarding street construction, assessing and financing during the Spring Lake Road reconstruction project; and, WHEREAS, significant resident input during the Spring Lake Road reconstruction process raised new questions about the city's policies and procedures leading to the call for a general reevaluation of those policies and procedures; and WHEREAS, future street reconstruction projects and the city's ability to finance those projects need to be determined; THE MOUNDS VIEW CITY COUNCIL DOES HEREBY RESOLVE that a committee be established to review the street reconstruction and assessment policies andthe city's Financing abilities pertaining to those policies. This committee shall be titled the Streets Policies Committee and is called upon to report in writing to the City Council at the Council's regular meeting of January I1, 1999 on the committee's evaluation of the city's current street reconstruction and assessment policies and the city's ability to finance reconstruction projects, and recommendations and reasons for changes. The committee will also provide a preview of their report to the City Council at its January 4, 1999 Council work session. TheStreets Policies Committee will cease to exist after its January 11, 1999 unless called upon by the City Council for further direction. IT IS FURTHER RESOLVED THAT the committee will consist of twelve members appointed by the Cily Council no later than October 12, 1998. The twelve members will select a chair to run meetings, a vice chair to run meetings in the chair's absence, and a secretary to record meeting proceedings. All committee meetings are to be held in accordance with the city's open meeting policies and, under the direction of the chair, allow for resident input pertaining; to committee discussion during rreetings. All meetings will set by the committee with the exception of the First meeting which is to beset by the City Council. All meetings will be held at Mounds View City Hall with proper notice. The committee, at the direction of the chair with coordination with the city administrator, may make reasonable use of city staff and resources for the work of the committee. The city administrator is hereby directed by the City Council to publish notice calling for applicants for the committee. Adopted by the Mounds View City Council this 14th day of September, 1998. Attest: Charles S. Whiting, City Administrator Duane iVlcCarty, Mayor 7E Item No. /1%4 Type of Business: PH WK: Work Session; PH: Public Hearing,• CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Public Hearings Regarding On -Sale Intoxicating and Off Sale Intoxicating License Renewals Date of Report: June 22, 1999 The following licenses are up for renewal for off -sale intoxicating liquor and on -sale intoxicating liquor. Off -Sale Intoxicating Liquor Network Liquors - 2345 County Rd. H2 - Budget Liquor - 2577 Highway 10 - ABC Liquor - 2740 Highway 10 - On -Sale Intoxicating Liquor Donatelle's - 2400 Highway 10 - Robert's Off 10 - 2400 County Rd. H2 - Mermaid, Inc. - 2200 Highway 10 - Staff has completed the following investigations regarding the renewal of the licenses: ✓ Report from the Utility Department indicated that all utilities are paid to date. ✓ Report from the Police Department which indicated that there were no incidents of note. Staff Recommendation: Staff recommends that the licenses listed above be approved contingent upon receipt of the application, insurance, check and approval of fire marshall. Item No. Staff Report No. Meeting Date: June 28, 1999 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: ConsentAgenda; CB: CouncilBusiness City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Consideration of Resolution 5344, a resolution approving a development review for a four plex on vacant land at 7613-7619 Woodlawn Drive, Planning Case No. 558-99 Date of Report: June 24, 1999 Background: The applicant, Mike Juaire, representing PMJ Group, has requested approval of a development review for a four-plex to be located at 7613 - 7619 Woodlawn Drive, currently vacant property. The applicant has purchased this lot through the Ramsey County tax forfeit auction and is also the owner of the adjoining lot to the west, for which the Planning Commission already recommended approval of a separate development review. The elevations provided for the four-plex show a two-story structure built at grade level (no basements) with the four dwelling units lined in a row. The two middle units will have three bedrooms and two baths, while the west -end unit, because of the diagonal wall, will have only two bedrooms and one bath. The east -end unit, while smaller than the middle two, will also have three bedrooms but only the one bath. All of the units, with the exception of the west -end unit, will have a two -car tuck -under garage. The west end unit will only have a one -car garage. The end dwelling units have entrances at the sides of the building while the middle units take access from the building's front. The utilities (washer, dryer, furnace, etc.) are on the lower level of the units. The Planning Commission recommended approval of this development review at their meeting on June 16, 1999, conditioned upon easements being dedicated and encroachments from the Woodlawn Terrace apartment complex being removed. Analysis: Dimensional Requirements: Building Setbacks: Required Proposed: Met ? Front (Woodlawn Dr.) 30 feet 30 feet Yes Side (West): 20 feet 20 feet Yes Juaire Development Review Lot 10, Woodlawn Terrace Planning Case 558-99 June 28, 1999 Page 2 Side (East): Rear (North): Minimum lot width: Minimum lot area: (2,500 sq. ft per D. U.): Minimum Open Space (625 sq.ft. per dwelling unit) Building height: Minimum floor area for: 20 feet 20 feet Yes 40 feet 40 feet Yes 100 feet 120 feet Yes 10,000 sq.ft. 14,998 sq.ft. Yes 2,500 sq. ft. 3,900 sq. ft. Yes 45 feet 26 feet Yes three-bedroom dwelling units: 870 sq. ft. 956 sq. ft. Yes two-bedroom units: 750 sq. ft. 806 sq. ft. Yes Parking requirements: Uncovered: (1.5 per unit) 6 spaces 8 spaces Yes Covered: (1.0 per unit) 4 spaces 7 spaces Yes * Since this lot is located on the curve of a street, the lot width dimension is measured at the 30 -foot building setback line. Drainage: The applicant has submitted for review two alternative drainage plans for the two lots, one of which showing a storm sewer that drains into a catch basin on County Road I, the other utilizing on site grading to direct flow into the drainage easement areas. Both drainage plan alternatives have been reviewed by City staff and the City Engineer, who find either approach to be sufficient to accommodate the on-site stormwater runoff. The applicant has reached an agreement with the property owner at 2442 County Road I to allow for the installation of the storm sewer as shown on drainage plan Option 1. Landscape Plan: In Section 1103.08 of the City Code pertaining to Fencing, Screening and Landscaping, it states that the lot area remaining after providing for off-street parking, sidewalks, driveway, building and other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or materials generally used in landscaping. The applicant has submitted a landscape plan which addressed the recommendations of the Planning Commission. The plan was forwarded to the City Forester, who made suggested substitutions for two of the plantings which the applicant has agreed to. In addition, the plan has been revised to show either a row of plantings or decorative fencing along the southwest property line on Lot 9 bordering Woodlawn Terrace. Parking: Each of the three-bedroom dwelling units are shown to have a two -car garage on the lower level of the building, while the two-bedroom unit shows a single stall garage. Each of the four units will also have two uncovered (outside) parking spaces available, which meets the City's parking requirements. The units will take direct access to the street without any type of parking area or turnaround, which will require residents to back out of the units onto Woodlawn Drive. Because of the minimal distance between the units and the street as well as the unobstructed views in either direction, staff does not believe this to be an issue of concern. Juaire Development Review Lot 10, Woodlawn Terrace Planning Case 558-99 June 28, 1999 Page 3 Utilities and Easements There are water and sewer lines in Woodlawn Drive so utilities are available to the site. There are ten -foot drainage and utility easements on the property's north and west sides which will more than likely serve as drainage areas for the development. To accommodate the proposed drainage plans, additional drainage easement areas will need to be dedicated. The applicant has indicated a willingness to dedicate those areas shown on the certificates of survey, however the document preparation will not be completed before final Council action due to requested title commitments from the City Attorney. The applicant has signed a statement agreeing to the dedication of those areas so marked on the surveys as a matter of assurance to the City. Conclusions: The Planning Commission and Staff recommends approval of Resolution 5344, a resolution approving a development review for a four -unit multi -family structure at 7613 - 7619 Woodlawn Drive, with stipulations. James Ericson, Planning Associate N:\DATA\GROUPS\COMDEV\DEVCASES\558-99\J-UAIRE.CCI 05/04/99 09:29 FAX 612 7_ 3462 CITY OF xv WYOF V NDS COYST T IfM DE ILOPDMNT DEPAR SUNT Quui DIMOPA324T APPLICATION 240.1 HOW010, MdxW& V-tswtr U24 35112 Flow 612-7174020 512-784-3462 - FAX Plea m Type or lrMe IotbrmuMoa - Comphdo So* SWU a! 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Planning Application 2. Zoning Map 3. Site and Parking Plans, date-stamped 6/7/99 4. Elevations and Floor Plans, date-stamped 6/4/99 5. Drainage Plans, date-stamped 6/7/99 6. Landscape Plan, date-stamped 6/11/99 WHEREAS, the Mounds View City Council finds that the site plan date-stamped June 7, 1999 conforms to the general zoning requirements of Chapter 1104 with regard to setbacks, parking requirements, building height, minimum floor space, open space, and floor area; and, WHEREAS, the Mounds View City Council is aware that City staff has reviewed and the City Engineer has approved two alternative drainage plans for the site; and, WHEREAS, the applicant has signed an agreement to dedicate easements for drainage and utility purposes on those areas so designated on the survey in the event the documents have not been executed as a means of assurance to the City. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council approves the development review request for a four unit multiple family residential structure to be located at 7613 - 7619 Woodlawn Drive, subject to the following stipulations: Drainage and utility easements shall be dedicated to the City prior to building permits being issued for those areas to be utilized for drainage purposes where none have been Resolution 5344 Juaire Development Review June 28, 1999 Page 2 previously dedicated. A signed and notarized "Intent to Dedicate" agreement document will be acceptable in the event easement document preparation is not completed prior to building permits being issued. 2. Those areas of the Woodlawn Terrace apartment complex encroaching upon the subject property as shown on the site plan date-stamped 6/7/99 shall be removed and relocated according to City setback requirements in conjunction with grading activities on the site. In no event shall a certificate of occupancy be issued before this has occurred. Adopted this 28th day of June, 1999 Dan Coughlin, Mayor ATTEST: Charles S. Whiting, City Clerk / Administrator SEAL N:\DATA\GROUPS\COMDEV\DEVCASES\558-99\5344CC.RES City of Mounds View Staff To: Honorable Mayor and members of the City Council From: Bruce A. Kessel, Finance Director Item Title/Subject: YMCA agreement Date of Report: June 24, 1999 Attached is the revised YMCA agreement. The were various minor changes based upon the review by the City Attorney and the Council comments. The following is a summary of some of the changes: Article IV, A, item 8 — added Park & Rec Commission review of equipment Article VII, C — changed the August 31, 2000 date to December 31, 2000 because of the time it took to get the agreement approved. Article VIII — added items T & U. Article IX — numerous minor changes. Signature for YMCA changed to the YMCA's president and CEO. Exhibit III, item 7 — added the right for the City to place additional restricts on use of City vehicles if the City feels any additional restrictions are warranted at some time in the future. At the time of this writing, I have not heard from the YMCA regarding their attorney's review of the document nor on the above changes, however, the YMCA representative did not see any major problem with the agreement. The State of Minnesota will also need to review the document. In light of this, I would recommend that the Mayor and Clerk Treasurer be authorized to finalize the agreement and execute it for and on behalf of the City. If there are any minor changes that are needed, they would then be able to make such changes and sign it without further City Council action. If, however, there are any major changes that are needed, they could then bring it back for your review and approval. D. Banquet Facility. The banquet hall portion of the Mounds View Community Center. E. Parks. All City parks and park facilities. See Exhibit I for a detailed list of City parks. Park facilities include but is not limited to baseball and softball fields, soccer fields, playgrounds and associated playground equipment, picnic shelters, and ice rinks and warming shelters. Excluded is The Bridges Golf Course. F. YMCA. YMCA of Greater Saint Paul, a non-profit corporation under the laws of Minnesota. G. Recreational Programming. Recreation classes and programs for youth, adults, seniors and the general public as outlined in Exhibit IV. H. Building and Equipment Replacement Reserve Fund. A segregated account to be funded by annual City appropriations and surpluses from recreation programming. Funds can only be used for replacement of flooring, HVAC systems, the roof, and other similar items at the Community Center. ARTICLE II: TERM OF AGREEMENT The initial term of this Agreement will be four and one-half (4 1/2) years, commencing on July 1, 1999 and continuing through December 31, 2003. This Agreement shall automatically renew for two additional five-year terms under the terms and conditions set forth in the Agreement unless either parry gives written notice of termination to the other party at least one hundred eighty (180) days before the end of the initial term or any subsequent term of this Agreement; such termination may be made by either party without penalty or cause. ARTICLE III: DUTIES AND RESPONSIBILITIES OF PARTIES A. YMCA'S Duties and Responsibilities. YMCA shall perform professional services within its expertise as shall be requested by City and shall provide ongoing management assistance for City operations, administration, and development of the Center and the park and recreation programs of City. It is understood between the parties that such services specifically may include, but are not limited to, the duties set forth in Exhibit II. B. City's Duties and Responsibilities. The City agrees to provide the resources to maintain the Center and associated equipment and to provide or perform the duties set forth in Exhibit III. ARTICLE IV: COMPENSATION A. Community Center and Recreation Programming Management. The City will pay the YMCA monthly based upon 1/12hof the annual compensation (for 1999, the monthly compensation will be $13,090). The annual compensation for 1999 is $157,080 (actual compensation for 1999 will be based upon the actual number of months 3. Any remaining surplus shall be split equally between the City and the YMCA. However, upon mutual consent by the City and the YMCA, any or all of such surplus can be used to expand recreation programming or other services in subsequent years. In subsequent years, the amounts identified above in the annual deficit and surplus calculations shall be adjusted using the CPI factor identified in Article IV A above. C. Other Services The City will reimburse the YMCA on a monthly basis for its costs associated with providing the following services: 1. Ice skating supervision. Actual annual reimbursement shall not exceed $10,750 in 1999; 2. Playground supervision. Actual annual reimbursement shall not exceed $3,400 in 1999; 3. Program leadership. Actual annual reimbursement shall not exceed $12,950 in 1999; and 4. Middle school leadership. Actual annual reimbursement shall not exceed $4,400 in 1999. Such reimbursement shall be in addition to the compensation in Article IV A above. The YMCA's costs shall include all direct costs for such services plus a 12.5% administrative charge. Such amounts shall automatically increase by the same factor identified in Article IV A above. The services outlined in this section (Article IV C) may be modified at any time by the mutual written consent of both the City and the YMCA. ARTICLE V: PERFORMANCE BOND AND INSURANCE PROVISIONS A. Performance Bond. The City reserves the right to require, in its sole discretion, that YMCA post a bond, certificate of deposit, or other similar instrument approved by the City in an amount as the City reasonably deems to be adequate compensation for damages resulting from YMCA's nonperformance of its obligations under this Agreement. The City agrees to provide the YMCA with one hundred and eighty days advance notice of its intent to require such bond, certificate of deposit, or other similar instrument. B. Insurance. YMCA will maintain in full force and effect, at its own cost and expense during the term of the this Agreement the following insurance coverage: 1. Commercial General Liability Insurance with limits of: $2,000,000 each occurrence; $3,000,000 general aggregate. Including coverage for products—completed operations and personal injury and advertising liability. This policy shall contain an endorsement adding the City of Mounds View as an additional insured. If the City fails to perform any of the terms, conditions or requirements of this Agreement, the YMCA will give the City thirty (30) days written notice of such failure. After receipt of the written notice, the City will have thirty (30) days to correct the problem, except that the YMCA may in any case take immediate steps it determines are necessary to correct the problem in order to protect the health, safety and welfare of the YMCA and the public prior to the end of the thirty (30) day period without affecting the YMCA's right to terminate the Agreement; and provided further that the City shall pay to the YMCA an amount equal to all YMCA costs and expenses incurred in taking such action, with such payment to be made within 30 days of the YMCA's written request to the City for such reimbursement. If the City fails to correct the problem within that thirty (30) day period, the YMCA may terminate the Agreement by giving the City sixty (60) days written notice of such termination. B. Termination by Mutual Consent After December 31, 2000, if both the YMCA and the City agree that this Agreement is not fulfilling the desired results for both parties, this agreement can be terminated at a mutually agreed upon date at least one hundred and eighty days into the future. Such a date shall be selected to cause the least disruption to the operation of the Center and to recreation programming. The general reasons for terminating the agreement as well as the date of termination of this Agreement must be documented and signed by both parties. C. Termination by Either Party After August 31, 2000, either the YMCA or the City can terminate this agreement by giving at least one hundred and eighty days written notice of its intent to terminate the Agreement. If the YMCA initiates the termination, the date of termination shall be selected to cause the least disruption to the operation of the Center and to recreation programming, but it must be at least one hundred and eighty days but not more than two hundred and seventy five days from the date of written notification. ARTICLE VIII: MISCELLANEOUS PROVISIONS A. Addresses and Notices. Any notice permitted or required to be given under this Agreement must be in writing and shall be deemed to have been given if sent by certified mail, postage prepaid, addressed as follows: To the City: City Clerk -Administrator City of Mounds View 2401 Highway 10 Mounds View, MN 55112 To YMCA: YMCA of Greater Saint Paul 476 Robert Street North St. Paul, MN 55101 Such notice or other communication may be mailed by United States registered or certified mail, return receipt requested, postage prepaid, and may be deposited in a United States Post Office or a depository for the receipt of mail regularly maintained by the post office. J. Waiver. 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. K. Work Products. All records, information, materials and other work products, except those noted below, prepared and developed in connection with the provision of services hereunder shall become the exclusive and confidential property of the City. No such products shall be made available to any other individual or organization by the YMCA without the prior written approval of the City. All YMCA personnel records associated with personnel assigned under the terms and conditions of this Agreement shall be and remain the exclusive property of the YMCA provided, however, that the YMCA shall grant the City Clerk -Administrator and/or City Attorney to review such files upon given at least five days notice of their intent to review such files. L. Independent Contractor Status. All services provided by YMCA, YMCA's officers, agents, and employees pursuant to this Agreement shall be provided by such persons as an employee of the YMCA or as an independent contractor and not as an employee of the City for any purpose, including but not limited to: 1. Income tax withholding; 2. Workers' compensation; 3. Unemployment compensation; 4. FICA taxes; and 5. Eligibility for employee benefits. M. Data Practices Act Compliance. Data provided to YMCA under this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with statutory guidelines. N. Maintenance and Repair. With the prior written consent of the City, the YMCA is authorized to and shall make or cause to be made at the City's expense, through contracted services or otherwise, all ordinary repairs and replacements reasonably necessary to preserve the Center in its present condition and for the efficient operation of the Center, and all such alterations are required to comply with governmental regulations or insurance requirements. City shall provide routine cleaning and janitorial for the Center as part of this Agreement. O. Contracts, Utilities and Services. City and YMCA shall make contracts required for electricity, gas, telephone, fuel, or water, and such other services as City and YMCA shall deem necessary or prudent for the operation of the Center and the City shall pay such expenses. P. Relationship of YMCA to City. The relationship of the parties to this Agreement shall be that of principal and agent, and all duties to be performed by YMCA under this Agreement shall be for and on behalf of City, in City's name, and for City's benefit. In taking any action under this Agreement, YMCA shall be acting only as an agent for City, and nothing in this Agreement shall be construed as creating a partnership, joint venture, or any other relationship between the parties to this Agreement except that of principal and agent. A. Entity Status. The City is defined as a public entity organized as a charter city pursuant to Minn. Statutes Chapter 410, and is thus, a Minnesota municipal corporation. B. Center Ownership. The Center is owned solely and completely by the City of Mounds View. C. Agreement Authority. The City has entered into this Agreement with the YMCA pursuant to Minn. Statutes Section 471.15 and the City of Mounds View Municipal Charter and Municipal Code. D. Governmental Program. This Agreement is: (i) being executed and entered into to carry out a Governmental Program; (ii) such Governmental Program is the City of Mounds View Parks and Recreation Program, including the operation of the Community Center and its accompanying facilities, as well as the parks within the City and general recreational programming within the City; and (iii) such Governmental Program constitutes the Mounds View Parks and Recreation Program and is authorized pursuant to Municipal Charter Section 6.02, Subdivision 1, Municipal Code Section 106.05 and Chapter 405, and Minn. Statutes Section 471.15. E. Governmental Program Oversight. Oversight of the Governmental Program by the City is provided by the requirement, hereby agreed to by the parties that the YMCA provide the City the right to inspect and audit YMCA's books and records for its portion of the governmental program, with each such review to show the program budgets, revenues and expenses F. Term of the Use Agreement. As the Center consists of land and buildings, the term of this Agreement as provided herein relating to the building and improvements, and including all renewals which are solely at the option the YMCA, is for a period of time which is less then 50% of the useful life of the Center. G. Termination of the Use Agreement. This Agreement allows for termination by the City, pursuant to Article VII, in the event of default hereunder by the YMCA. The termination of this Agreement is also allowed by the City, pursuant to Article VIII.U. in the event that the Governmental Program, the City's parks and recreation program, is terminated or changed. H. Cost of Operation of the Facility ("Center"). The City possesses specific statutory authority pursuant to Minn. Statutes Section 471.15, the City's Municipal Charter Section 6.02 Subdivision 1, and the City's Municipal Code Section 106.05 and Chapter 405, to expend monies to operate and maintain the Center. I. Receipt of Monies/Compliance With Tax Code. It is contemplated and understood by the parties to this Agreement , that the City's operation of the Center is in compliance with the tax code. J. Sale of the Facility. 1. This Agreement is free of any provisions which would require the City to sell the EXHIBIT I MOUNDS VIEW PARK AND RECREATION FACILITIES City Hall & Park (2401 Highway 10) — Meeting rooms, community kitchen, picnic shelters and amenities, softball diamonds, volleyball courts, soccer/football fields, and playground equipment. Community Center — Lounge, lobby, meeting rooms, gymnasium, and outdoor basketball & volleyball courts. Greenfield Park (Hillview & Knoll Drive) — Baseball diamonds, tennis & basketball courts, playground equipment and trails. Groveland Park (Groveland & Ardan Avenue) — Park building, picnic amenities, softball diamonds, tennis, basketball, and volleyball courts, playground equipment and general skating. Hillview Park (Hillview & Long Lake Rd) - Park building, picnic amenities, softball diamonds, basketball and volleyball courts, soccer/football fields, playground equipment, hockey rink and general skating. Lambert Park (Jackson & Lambert) - Park building, picnic amenities, softball diamonds, basketball courts, soccer/football fields, playground equipment, hockey rink and general skating. Oakwood Park (Oakwood & Quincy) - Picnic amenities, softball diamonds, soccer/football fields, and playground equipment. Random Park (5214 Long Lake Road) — Park building, picnic amenities, and playground equipment. Silver View Park (County Rd I & Silver Lake) - Picnic shelters and amenities, softball diamonds, basketball, horseshoe & volleyball courts, soccer/football fields, trails, sliding hill, disc golf and playground equipment. Woodcrest Park (Woodcrest & Silver Lake Rd) - - Park building, picnic amenities, volleyball courts, and playground equipment. Joint facilities Lakeside Park (7840 Pleasant View Drive) - Park building, picnic shelter,& amenities, softball diamonds, volleyball courts, soccer/football fields, playground equipment, trails and swimming beach. Edgewood School (5100 Edgewood) & Pinewood School (5500 Quincy) - Picnic amenities, baseball & softball diamonds, tennis, basketball & volleyball courts, soccer/football fields, trails, sliding hill, swimming pool and playground equipment. 10. Maintain the following public hours for the Center: September through May Monday through Friday 9 a.m. to 10 p.m. Saturday 8 a.m. to 9 p.m. Sunday 11 a.m. to 6 p.m. June through August Monday through Friday 9 a.m. to 7 p.m. Saturday 9 a.m. to 5 p.m. Sunday closed The YMCA shall monitor and report the Center's usage to the City. The hours of operation can be modified upon mutual agreement between the YMCA and the City. Any such adjustment could result in the modification of the compensation paid by the City to the YMCA. The Center shall be closed for the following holidays: Easter, Thanksgiving and December 25. In addition, there will be reduced hours on Memorial Day, July 4, December 24, and December 31. The Center may be closed for up to four additional mutually agreed upon days in any one year for cleaning, maintenance and/or repairs of items, including, but not limited to resurfacing hardwood floors, cleaning carpets, etc. If City Hall is closed due to inclement weather, the YMCA can elect to close the Center. In addition, the YMCA may request to close the Center due to inclement weather at other times and the City Clerk -Administrator or the Clerk -Administrator's designee shall have the authority to approve or deny any such request. 11. Make every effort to keep the Center and parks open for use at scheduled times by giving the City prompt notice of any maintenance issues and by working with the City to schedule maintenance and repairs at times that will cause the least disruption to the operations at the Community Center and Parks. Monitor Center users to ensure that they do not perform acts that will disrupt current and/or future activities at the Community Center. 12. To establish and enforce a dress code for employees and volunteers. If uniforms are to be a component of the dress code, logos may be included on such informs, provided however, that if YMCA logo is included, a Mounds View City or Community Center logo of similar or larger size and prominence must also be included. 13. Recruit, hire, and train staff, assign and schedule their work, and monitor their performance. 14. Provide the personnel necessary to market, manage and operate the Center and recreation programming. The YMCA shall maintain an adequate level of staffing at all times in order to serve the public. The YMCA agrees to comply with all applicable federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, age, or status with regard to public assistance and other prohibited classification. 24. Develop fees, charges and/or deposits for programs, equipment and facilities. Such fees, changes and/or deposits shall be set and modified only after consultation with the City. 25. Collect fees, charges and/or deposits for programs, equipment and facilities. 26. Record all fees, charges, deposits and outlays in a form acceptable to the City. Monthly reports shall be provided to the City within 30 days of month end. The City shall be able to review any YMCA records relating to its activity under the contract. By June 30, the City shall be provided with an audited financial statement for the YMCA for the previous year. If the City requests a separately audited report for the services provided under this contract, it agrees to reimburse the YMCA for such costs. 27. To offer at least the programs listed on Exhibit IV. The YMCA shall review registrations and associated costs for each program prior to providing the program. If there are fewer than eight (8) registrants or if the program is projected to lose more than $50, the YMCA shall have, upon giving the City notice, the option to cancel the program unless the City is willing to provide the resources to offset the deficit of the program. 28. To develop and maintain contacts with athletic associations, community education, school districts, cities, and other entities to promote programs and to form cooperative ventures for providing recreation programming and services. 29. To provide office space and allow the use of the copier, fax machine and one computer and printer by the Facility Manager. Answer general questions when Facility manger is not available to answer questions about the Facility and provide a schedule of fees and charges, and when possible, show the banquet facility. 30. To shovel the Community Center sidewalks after light snowfalls of less than two inches. 31. Use reasonable care in operating the HVAC system to provide a comfortable environment for users of the Center while also insuring the efficiency of the system. 32. To work with seniors and volunteers whenever possible to assist with programming and services. 33. Work with the City and the City of Spring Lake Park in providing lifeguard services at Lakeside Park. Such services shall be limited by budget constraints and weather conditions. 34. Provide any computer(s) and software for use at any location other than that provided by the City and/or for any special applications. Special applications are any application other than word processing, spread sheets, reservations, or email. 35. Work with community groups, businesses and individuals to explain the mission of the Center, the parks and recreation programming and to solicit contributions to assist in achieving the mission, to assist in achieving the mission, and to assist disadvantaged individuals. EXHIBIT III DUTIES AND RESPONSIBILITIES OF CITY Maintain property insurance in accordance with limits established by Minnesota statutes. 2. Establish an advisory executive committee to make recommendations to the City Council regarding operations at the Center. The committee will be comprised of the Northwest Family YMCA Executive Director and the Center's Manager, a representative from the Park and Recreation Commission, the City Clerk -Administrator, City Finance Director and two City Council members or appointees and will meet semi-annually. 3. Establish a Community Center committee to review operations at the entire Community Center. The committee will be comprised of the executive committee noted above plus the Banquet Facility Manager, a Children's Home Society representative and a representative from Community Education. Said committee will meet semi-annually. 4. To permit the YMCA to use specialized equipment owned by the City for special projects at the Center, provided that such equipment is available and the YMCA provides adequate advanced notice for scheduling of such equipment. In addition, the City shall provide the following equipment at the Center for day to day use by the YMCA: a. Desks or work surfaces from which to conduct day to day operations for the Program Manager and two programmers, in addition to a public counter; b. Phone lines, voice mail and equipment for at least six voice mailboxes; C. Photocopy and fax machine; d. At least three networked computers and one networked printer; and e. At least one Internet connection. 5. Adopt an annual budget and a five-year and ten-year capital improvement plan for the Center on or before December 315` for the subsequent year. In addition, work with the YMCA to develop and implement the capital improvement plan for the subsequent year. 6. Budget and provide resources for the following: a. Printing and distributing of at least four brochures to be included with the City's newsletter; b. Provide custodial services and cleaning supplies, light bulbs, trash bags, soap, paper towels, and toilet paper for restrooms. Such custodial services shall not exceed $35,000 on an annual basis in 1999; in future years, such amount shall increase on an annual basis using the same CPI factor identified in Article IV A; C. Provide and clean rugs for entry ways; d. Clean all carpet twice a year; e. Maintain HVAC systems; f. Resurface gym floor not more than once per year; g. Provide and pay for phone service, including up to $40 of business long distance phone calls per month; h. Provide all utility services including electricity, natural gas, water, wastewater, street lighting, surface water, recycling, and garbage hauling; i. Maintain City -owned office equipment including computers, printers, copier(s), and fax machines; . EXHIBIT IV MINIMUM PROGRAMS TO BE OFFERED Youth: Activity gym After school programs: • Crafts • Instructional sports Babysitting classes Baseball: • T ball • 8 ball • Superball Basketball (boys & girls) Dance Excursions Gymnastics / tumbling Karate Parties: • Birthdays • Halloween • Christmas Preschool programs Rollerblade hockey School's out/Vacation activity School release programs Skating lessons Soccer Softball Sports clinics / camps Summer playground programs Teen nights Tennis Track Collaborative (NWYFS & Pinewood) Adult: Basketball leagues: • 3 person • 5 person Broomball Fitness workout Dance: • Ballroom • Line Open gym Senior citizen: • Card playing • Dining • Programs • 55 Alive Special interest classes Softball: • Co-Rec • Fall • Men's • Men's over 35 • Senior girls • Senior boys • Women's Tai Chi Trips Wellness classes Volleyball leagues (co-ed) Volunteer recognition Employee Handbook �0 v TheYMCA of Greater Saint Paul 1/98 Health and Safety......................................................... 9 Workers Compensation.................................................. 9 Hazardous Communications Awareness Program ............................ 9 Bloodborne Pathogens..................................................10 Emergency Procedures..................................................10 Smoke Free Workplace......................................................10 Harrassment...............................................................10 Employee Conflict of Interest.............................................10 Substance Abuse...........................................................11 outside Consulting ............................................ ...........11 Employee Sales of Products/Tickets........................................11 EMPLOYEE BENEFITS.............................................................12 Eligibility for Benefits..................................................12 Descriptive Materials ................................ ....................12 Social Security...........................................................12 RetirementFund...........................................................12 Group Life Insurance......................................................13 Group Health and Dental Insurance.........................................13 Group Short -Term Disability Insurance.....................................13 Group Long -Term Disability Insurance......................................13 Holidays for Full -Time Employees..........................................13 Holidays and Personal Days for Part -Time Employees ........................14 Paid Time Off.............................................................15 Membership and Program Participation Privileges ...........................17 Discounts on Merchandise Purchases........................................18 Minnesota Central Credit Union............................................18 Flexible Benefits Plan....................................................18 LEAVES -WITH PAY...............................................................18 Bereavement Policy........................................................18 JuryDuty.................................................................18 LEAVES -WITHOUT PAY ................................ ..........................18 Family and Medical Leave of Absence.......................................19 Reasons for Taking Leave..............................................19 Procedure for Requesting.a Leave......................................19 Family Leave..........................................................20 Medical Certification.................................................20 Additional Conditions of Medical Leave................................20 Benefits Coverage During Leave........................................20 Accrual of Paid Time Off & Retirement Benefits ........................20 Restoration to Employment Following Leave .............................21 Return from Leave.....................................................21 Failure to Return from Leave..........................................21 School Related Activities Leave...........................................21 Bone Marrow Donor Leave...................................................21 Military Leave..........................................................21 Other Leaves of Absence...................................................22 RESIGNATION, RELEASE AND RETIREMENT...........................................22 Voluntary Termination.....................................................22 Involuntary Separation..................................................22 Retirement ............................................ ..................22 ACKNOWLEDGEMENT OF RECEIPT....................................................23 EXHIBIT A - Family Medical Leave Act Request for Leave ABOUT THIS EMPLOYEE HANDBOOK The policies, procedures and guidelines contained in this manual supersede all other policies, procedures and guidelines promulgated by the YMCA of Greater Saint Paul or any of its branches prior to January 1, 1997. All references to "the YMCA" in this manual include the YMCA of Greater Saint Paul and all of its branches, except where otherwise expressly stated. Nothing contained in or implied by this manual creates or shall be deemed to create or constitute a contract of employment on the part of the YMCA of Greater Saint Paul or any of its branches. The policies, procedures and guidelines contained in this manual are statements of general policy only, may be changed, at any time, do not confer any. obligation on the YMCA of Greater Saint Paul, or any of its branches, and do not create any right to employment. Management may also modify any policy, procedure and/or guideline at any time or in any particular circumstances if, in its opinion, the circumstances require. All employees are employed at will. - 2 - EQUAL EMPLOYMENT OPPORTUNITY It is the policy of the YMCA of Greater Saint Paul and its branches to provide equal opportunity in employment to all employees and applicants for employment and not to discriminate in employment on the basis of race, religion, color, creed, sex, national origin, age, disability, sexual orientation, marital status or any other classification protected under applicable law. In addition, it is the policy of the YMCA of Greater Saint Paul and its branches to provide reasonable accommodation to qualified disabled people in accordance with applicable law. This policy applies to all terms, conditions, and privileges of employment. _ - 4 - 1. Full-time hourly employees means those employees who the YMCA has designated as full-time hourly employees. Full-time hourly employees are regularly scheduled to work 35 hours or more each week, 52 weeks a year, and are eligible to participate -in the YMCA's Paid Time Off and other security benefits. 2. Part-time hourly employees means those employees who the YMCA has designated as part-time hourly employees. Part-time employees are generally scheduled to work less than 34 hours a week. Part-time hourly employees who are regularly scheduled to work between 20 and 34 hours per week, 52 weeks a year are entitled to receive three paid holidays and three personal days per calendar year prorated to the number of hours worked (see Holidays & Personal Days Policy for Part-time Employees). 3. Seasonal or temporary employees means those employees who the YMCA has designated as seasonal or temporary employees. Seasonal or temporary employees are employed for a short-term period regardless of the number of hours worked per week or who work a flexible schedule based upon availability and workload need. Seasonal or temporary employees do not receive part-time holidays or personal days. EMPLOYMENT PROCEDURES Official Employer All employees are subject to all policies established by the General Board of the YMCA. Application for Employment All individuals seeking employment will complete the appropriate application and consent forms and must consent to a criminal conviction history investigation. Employee Registration Forms Employees must complete all appropriate forms and other records necessary to be placed on the payroll. Employment of Relatives Relatives by blood, marriage or adoption, as well as individuals who are not legally related, but reside together, may not be employed in positions where one of them is required to report to or supervise the other or where there is a security risk or a conflict of interest presented by such employment. Payment of Employment Agency Fees The YMCA believes that most positions can be filled without the payment of an employment agency fee. In special circumstances, approval by the President must be obtained prior to engaging any employment agency. - 6 - EXPENSE ACCOUNTS Meals The cost of a reasonable served meal in connection with any function at which an employee's attendance is required by the Branch Executive will be reimbursed by the YMCA. Employees are expected to use good judgment with regard to the cost of meals. Parking When YMCA staff are on YMCA business away from the employing branch and park at a street meter or in a parking lot, they may be reimbursed by the branch for parking costs. If YMCA staff receive a parking ticket or traffic fine while on YMCA business, such tickets/fines are a personal expense. Automobile Expense A per -mile automobile expense reimbursement shall be provided to employees who are expected to use their personal automobiles for work-related travel (but not for transportation to and from work). The amount shall be equal to the federally -established guideline. A log showing odometer readings must be maintained in order to receive reimbursement. CONDITIONS ON THE JOB Hours of Work Immediate supervisors are responsible for the work schedules of the employees they supervise. All such schedules will be governed by applicable laws and needs of the YMCA. Payroll Records Payroll and time records of all employees will be maintained to meet reporting requirements of applicable federal and state regulations and insurance underwriters. Both the employee and supervisor are held accountable for the accuracy of time records which reflect the exact hours and days actually worked. Employee orientation Within one month of employment, all employees are required to attend a new employee orientation program which provides an introduction to the YMCA. Relief and Meal Breaks Employees are allowed paid relief breaks of short duration, running from 5 minutes to about 15 minutes, within each 4 consecutive hours worked. Employees who work a continuous six -hour shift will be provided with a 30 minute unpaid meal break. - 8 - Bloodborne Pathogens All employees are required to comply with all OSHA requirements on Bloodborne Pathogens Standards. The YMCA has made an exposure determination, prepared an exposure plan, and will train employees and make available the Hepatitis B vaccine when necessary, and take other action regarding labelling, waste disposal and follow-up in the event an employee is exposed to blood or other potentially infectious material. Emergency Procedures It is the employee's responsibility to follow recommended emergency procedures outlined in the Emergency Procedures and Safety Practices booklet and as established by the employing branch. Smoke Free workplace Smoking is prohibited in all YMCA facilities and is only permitted in designated areas on its property. Harassment It is the policy of the YMCA to expressly forbid any forms of harassment of, by or between employees, members, participants, guests, volunteers and/or vendors. The term "harassment" includes, but is not limited to, slurs, jokes and other verbal, graphic or physical conduct which relate to an individual's race, color, sex, religion, national origin, citizenship, sexual orientation, marital status, age or disabling condition that interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment. Harassment also includes sexual advances, requests for sexual favors, unwelcome or offensive touching or other verbal, graphic or physical conduct of a sexual nature. Any violation of this policy will be grounds for disciplinary action, up to and including discharge._ - Every employee has a duty to report any harassment. Any employee who believes that the actions or words of a supervisor, member, participant or co -employee (or anyone else connected with the workplace) constitute -harassment, should report it as soon as possible. Any such report should normally be made to the branch Program Director, Branch Executive, Vice President of Human Resources or the President. All reports of harassment will be investigated promptly. While the YMCA will attempt to treat all such matters as confidential, it reserves the right to disclose allegations and dispositions as it deems necessary to ensure a fair investigation, to meet its legal obligations, to keep parties advised or otherwise. Employee Conflict of Interest -While employees have the right to engage in private activities outside of YMCA employment, employment with the YMCA carries an obligation to avoid situations that could produce a conflict with the interests of the YMCA or the employee's obligations to the YMCA. Among other things: - 10 - EMPLOYEE BENEFITS Eligibility for Benefits All full-time employees are eligible to enroll for benefits at the time of hire. However, eligibility and full participation are subject to the plan requirements of the specific benefit plan and by restrictions detailed in other parts of this policy. The specific terms and conditions of each benefit plan shall control and nothing in this manual shall supersede any such plan nor grant anything greater than or different than what is provided. in each such plan. Typically, there will be no interruption of benefits for a full-time employee who transfers from another YMCA, except that the amount of benefits offered to full-time employees of this YMCA may differ. For the purpose of determining benefits (when years of service are the basis for awarding the benefits) full-time employment in any YMCA is to be counted. Descriptive Materials Descriptive materials, related to benefits, are provided to employees upon hire or whenever a change in coverage occurs. Benefits may be modified or, terminated at the discretion of the YMCA. Social Security All employees are covered by the FICA (Social Security). The employee's contributions are deducted from each paycheck. The YMCA contributes toward the employee's social security at the applicable wage base as established by federal law. Retirement Fund The YMCA participates in the National YMCA Retirement Fund for the benefit of all eligible employees. The .YMCA pays the entire cost (an amount equal to 12% of the individual employee salary) of each eligible employee to participate in the Retirement Fund. It is a condition of employment that all employees will be enrolled in the Retirement Plan after they have satisfied the three enrollment eligibility requirements: 1. One year of employment with the YMCA. 2. 1,000 hours of employment within that year. if the employee does not complete 1,000 hours of employment in the first year, the employee will be enrolled after completing 1,000 hours of employment in the next or any following anniversary year of employment. 3. Attainment of age 21 by the end of that year. After 5 years of participation in the Retirement Fund, the employee becomes fully vested. On a voluntary basis, all employees who are enrolled in the Retirement'Fund shall be eligible to participate in its tax-deferred annuity plan on either an - 12 - Full-time non-exempt employees who are requested to work on a holiday will be given compensatory time off within the same week. Paid holidays time is not time worked and is not counted in the computation of hours worked in computing overtime. Revised 1/97 Holidays & Paid Time Off Policy for Part -Time Employees Designated to Work between 20 and 34 Hours Per Week, 52 Weeks a Year Based on the average number of hours worked per week, three paid holidays and three Paid Time Off (PTO) days will be awarded to those employees who the YMCA has designated as part-time hourly employees who are regularly -scheduled to work between 20 and 34 hours per week, 52 weeks a year. Holidays The following holidays are observed for such employees: Labor Day...................First Monday in September Thanksgiving Day ............ Fourth Thursday in November Christmas Day...............December 25 If Christmas Day falls on a Sunday, the following day shall be observed. If it falls on a Saturday, the preceding day shall be observed. Designated part-time hourly employees who are requested to work on a holiday will be given compensatory time off within the same week. Paid Time Off PTO days provide an employee with a monthly accrual of hours to be used as paid time off for vacation, illness or injury, family illness, personal preference of holidays and/or personal business. A monthly accrual is credited at the completion of each complete calendar month of active employment. An employee must be employed by the YMCA at both the beginning and the end of the month in order to receive an accrual for the month Monthly accruals for new employees begin upon completion of the first complete calendar month. To determine accrual start dates, please refer to the following example: Hire Date Accrual Begins June 1 June 1 June 2-30 July 1 Accrual. Credited 1st Paycheck in July 1st paycheck in August - 14 - Hire Date Accrual Begins Accrual Credited June 1 June 1 1st Paycheck in July June 2-30 July 1 1st Paycheck in August A regular full-time employee will accrue PTO at the following rates: PTO ACCRUAL CHART Years of Annual Accrual Monthly accrual PTO days/year' Maximum balance Service (in hours) (annual accural (annual accrual (1.5 times annual divided by 12) divided by 8) accrual(in hours)) <1 year 120.00 10.00 15.00 180.00 1 - 2 128.00 10.67 16.00 192.00 2+ - 5 136.00 11.33 17.00 204.00 5+ - 10 176.00 14.67 22.00 264.00 10+ 216.00 18.00 27.00 324.00 20+ 240.00 20.00 30.00 360.00 The maximum annual accrual rate is 20.00 hours/month or 30 working days per year. A regular full-time employee may maintain a maximum PTO accrual balance equal to one and one-half (1.5) times the annual accrual rate. At the beginning of each calendar year, PTO balances in excess of the maximum balance will be reduced to the maximum level. Prior to the year end (12/31), an employee may have a PTO balance in excess of the maximum. PTO will be prorated to the above schedule for full-time employees who work between 35 and 40 hours per week. Planned PTO must be scheduled and approved for payment by the employee's immediate supervisor. The request will be reviewed based on a number of factors, including business needs and staffing requirements. If unusual work demands preclude the taking of scheduled PTO, PTO leave may be re -scheduled by the immediate supervisor. From time to time, it will be necessary for employees to use PTO for absences due to personal or other family illness or other personal business situations not covered elsewhere in this manual. When these occur, the employee is to immediately notify the immediate supervisor. The employee must advise the supervisor of the approximate length of absence and must renew.the notification if the absence exceeds the time stated. An employee will not be paid by the YMCA for days absent past his/her balance of PTO. PTO must be used in minimum increments of half or full days at a time. The YMCA - requires that employees use the PTO granted under this policy for all absences of half days or more. PTO usage must be recorded on time sheets for hourly employees and on exempt employee absentee reports for exempt staff. - 16 - Camp du Nord will make available a limited number of spaces at 80% the regular camp fee for families of full-time employees each summer, according to limitations of the budget and demand. Camp du Nord meals will be charged at 100%. Racquetball/handball prime -time use (as identified by a local branch) by full-time staff is limited to same-day reservations. Revised 11/96 Discounts on Merchandise Purchases Full-time employees will receive, for personal use only, a 20% discount on athletic equipment normally sold by the YMCA to its members. Direct purchase at cost or other discount of office supplies, camping equipment, maintenance supplies, athletic equipment, foodstuffs or other items for employee or volunteer use is not permitted. Minnesota Central Credit Union The YMCA provides for payroll deductions for contributions by full-time employees participating in the Minnesota Central Credit Union. Flexible Benefits Plan The YMCA provides a Flexible Benefits Plan under Section 125 of the IRS code. This plan allows full-time employees to deduct from their salaries on a pre-tax basis their personal contributions for the YMCA group health, dental, life, short-term disability insurance premiums and/or other group insurance plans, uncovered medical expenses (including deductibles) and dependent care expenses. Deducting for such expenses from salary on a pre-tax basis lowers the employee's Federal State and FICA taxes, thereby increasing the employee's take-home pay. Revised 1/97 LEAVES -WITH PAY Bereavement Policy The Branch Executive and/or the Vice President of Human Resources may grant an absence of up to three days per year with pay not chargeable to Paid Time Off to any full-time employee in the event of the death of a family member. Implemented 1/97 Jury Duty Employees called to serve jury duty will be excused for that part of the day(s). A full-time employee's YMCA.salary will be continued as usual for a period not to exceed 2 weeks and the employee shall be permitted to retain fees received. Documentation of jury duty must be presented to 'the YMCA in order to be paid salary. Paid jury duty time is not time worked and is not counted in the computation of hours worked in computing overtime. Family Leave If the employee and his/her spouse are both employed by the YMCA, they may be limited to a combined total of 12 weeks if leave is taken for: (a) birth of the employee's child or to care for the child after birth; (b) placement of a child with the employee for adoption or foster care or to care for the child after placement; or (c) care of the employee's parent with a serious health condition. Medical Certification An application for leave based on the serious health condition of the employee or the employee's spouse, child, step -child, foster child or parent must also be accompanied by a "Certification of Health Care Provider" completed by a health care provider. The certification must state the date on which the health condition commenced, the probable duration of the condition, and the appropriate medical facts regarding the condition. If the employee is needed to care for a spouse, child, step -child, foster child or parent, the certification must so state, along with an estimate of the amount of time the employee will be needed. If the employee has a serious health condition, the certification must state that the employee cannot perform the functions of his or her job. In its discretion, the YMCA may require a second medical opinion and periodic recertification of the medical condition for a medical or family leave at its own expense. If the medical opinion sought by the company differs from the employee's certification for his/her physician, the YMCA may at its own expense, require the opinion of a third health care provider chosen by the employee and the YMCA for a family or medical leave. The third opinion will be binding. Additional Conditions of Medical Leave If medically necessary for the employee's serious health condition or that of an employee's spouse, child, step -child, foster child or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is requested on this basis, however, the employee may be required to transfer temporarily to an alternative position with equivalent pay and benefits which better accommodates recurring periods of absence or a part-time schedule. Benefits Coverage During Leave During a period of family or medical leave, an employee will be retained on the YMCA health plan under the same conditions that applied before leave commenced. To continue coverage, the employee must continue to make any contributions that he or she made to the plan before taking leave. Failure of the employee to pay his or her share of the health insurance premium may result in loss of coverage. An employee is not entitled to the accrual of any seniority or employment benefits that would have occurred if not for the taking of leave. An employee who takes family or medical leave will not lose any seniority or employment benefits that accrued before the date leave began. Accrual of Paid Time Off and Retirement Benefits The employee will continue to accrue Paid Time Off and retirement benefits during any portion of his/her family or medical leave time which is paid because Of using Paid Time Off. - 20 - Employees who are absent to fulfill their military reserve training shall be given time off without pay up to a maximum of two weeks per year. Other Leaves of Absence Absences without pay may be granted whenever the work load can be arranged by the supervisor. In order to ensure comparable treatment of all employees, supervisors and executives should consult with the Vice President of Human Resources whenever an employee requests extra time off for a week or more. Such leaves of absence may have an impact on an employee's benefits. RESIGNATION. RELEASE AND RETIREMENT Voluntary Termination It is customary for full-time non-exempt employees to advise the YMCA of intent to separate two weeks prior to departure. It is similarly customary for exempt employees to advise the YMCA of their intent to resign by written notice 30 days in advance of separation. Involuntary Separation If the YMCA discharges an employee summarily for just cause or poor performance, it will not pay for any hours not worked. Discharge for cause may include, but not be limited to, insubordination, theft, fighting, harassment, possession of a weapon, use or possession of an illicit drug or violation of any YMCA policy. In the event of substantial reduction in volume of participation or for other economic reasons, it may be necessary to reduce or restructure the working force, and the YMCA may, in these instances, separate non-exempt full-time employees with two week's notice and exempt employees with one month's notice. Retirement Retirement counselling is available from the Vice President of Human Resources to employees making such a request. The employing branch may pay the registration cost for an employee who is vested in the YMCA Retirement Fund to attend a retirement planning seminar conducted by the YMCA Retirement Fund. EMPLHB.97/CO-HMNRS/POLICIES - 22 - EXHIBIT V PERSONNEL ISSUES See attached YMCA of Greater Saint Paul Employee Handbook dated 1/98. EXHIBIT VII PROGRAMMING EQUIPMENT /6 -L RESOLUTION NO. 5347 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving the Ninth and Tenth Rider to Agreement with St. Paul Water Utility to Construct a Bituminous Path within the Right -of -Way on County Road I WHEREAS, the City Council of the City of Mounds View has approved the construction of a bike / pedestrian path on the north right-of-way of County Road I and St. Paul Water Utility's right-of-way and; WHEREAS, the construction of this path required an additional rider to the current agreement with St. Paul Water. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View does hereby approve the tenth (10th) rider to the agreement with St. Paul Water Utility to construct a bituminous bike / pedestrian path within St. Paul Water Utility's right-of-way. Adopted this 28th day of June, 1999. ATTEST: MAYOR (SEAL) CITY ADMINISTRATOR C:\OFFICE\WPWIN\WPDOCS\RESOLUTI\5347.PAT\bikepath Item No. Staff Report No. Meeting Date: June 28, 1999 Type of Business: C.B. WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council' From: Michael Ulrich, Director of Public Works Item Title/Subject: Consideration of Resolution No. 5347, Approving the Ninth and Tenth Rider to the Agreement with St. Paul Water Utility Date of Report: June 24, 1999 The Ninth and Tenth Riders to the agreement with St. Paul Water Utility are for the construction of the bike / pedestrian paths that have been approved for construction on County Road I between Pleasantview Drive and Silver Lake Road and from County Road I to T.H. 10. Both of these paths will be constructed entirely or partially on St. Paul Water Utility's right-of-way. The City Attorney is required to sign the agreements. J4KZ.43.= Sal 2 1 Michael Ulrich, Director of Public Works