HomeMy WebLinkAboutAgenda Packets - 1999/06/14CITY OF MOUNDS VIEW
COUNCIL AGENDA
MONDAY, JUNE 14, 1999
7:00 PM
1. CALL MEETING TO ORDER
2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
A. City Council May 24, 1999 Minutes
5. SPECIAL ORDER OF BUSINESS:
6. REPORTS
7. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Set a public hearing for 7:05 pm, 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 pm, Monday, June 28, 1999, for consideration of resolution
regarding request of Merryville Farm Market to operate an outdoor produce sales stand at
Moundsview Square
D. Set a public hearing for 7:15 pm, June 28, 1999 for Second Reading of Ordinance 625
regarding Reliant Energy Minnegasco Franchise
E. Set a public hearing for 7:20 pm June 28, 1999 and 7:20 pm 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 pm June 28, 1999 for the second reading of Ordinance 630,
Right of Way management
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. 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
B. Resolution 5339 accepting Public Improvements at the Theater Project
C. Resolution requesting Extension of Comprehensive Plan Submittal Date
D. Consideration of Resolution No. 5340 approving a development review for a four-plex
on vacant land at 7623-7629 Woodlawn Drive
E. Introduction (First Reading) of Ordinance 630, Right of Way Management
Page Two
City Council Agenda
June 14, 1999
11. Next Council Work Session:
Next Council Meeting:
12. ADJOURNMENT
Monday, June 21,1999 - 7:00 PM
Monday, June 28,1999 - 7:00 PM
June 10, 1999
To: Honorable Mayor and City Council
From: Chuck Whiting, City Administrator
Re: June 14, 1999 City Council Meeting
The agenda items for Monday's meeting are straight forward. We will not have either the right
of way ordinance nor the Minnegasco franchise agreement under Council business for Monday,
but instead will for the June 28 meeting. We need to have public hearings set up for the second
readings of both, and Council action to call those hearings will be on the censent agenda.
The rest of the meeting items should be relatively simple. A report will be give on the public
improvements at the theater site and an extension for the comprehensive plan will be asked for.
The council is familiar with the four-plex matter on Woodlawn Drive as well. So all in all I
cannot add much here you don't already know.
Monday afternoon the council does have the first of three police chief candidate interviews. Feel
free to call with questions, interests and concerns if there is anything I can help with.
As I was able to mention to most of you during the week, I applied for a position vacancy on the
League of Minnesota Cities board. The decision is made at the conference in Rochester next
week. Thanks for your support and we will see what happens.
Have a good weekend and see you on Monday.
CITY OF MOUNDS VIEW
MEETING MINUTES
MONDAY, MAY 24, 1999
7:00 P.M.
1. MEETING IS CALLED TO ORDER
2. ROLL CALL: Marty, Quick, Stigney, and Thomason.
NOT PRESENT: Coughlin
Acting Mayor Stigney announced the birth of Mayor Coughlin's daughter, Shannon Marie
Coughlin and extended his best wishes to the family.
3. APPROVAL OF MINUTES
A. Monday, May 10, 1999, City Council Minutes
Council Member Marty said he was not present at the May 10, 1999, meeting but had several
questions. He requested a clarification on Page 5, Presentation of the 1998 Audit Report, second
paragraph, indicating the General Fund balance was $3,031,784 but the next paragraph notes it is
just over $300,000.
Council Member Marty noted Page 6, second paragraph, indicates there was a $704,000 deficit
in the MSA fund which was covered by a transfer. He asked why there was a deficit and where
the transfer came from.
City Manager Whiting stated he will ask the Finance Director for these clarifications.
Council Member Marty noted Page 7, third paragraph, indicating "...at the end of the year these
dollars were under collateralized by $206,000. Mr. Wischmann explained that in order to resolve
that situation, funds were transferred into the 4M Fund which gained compliance with applicable
Statutes." He asked where the funds came from and how it impacted the fund it was transferred
from.
City Administrator Whiting explained the transfer involved the transfer of those funds into
another fund, the 4M fund. He explained the funds were still in the City's account, but not in the
same depository.
Council Member Marty reviewed the remark by Council Member Thomason on Page 9, last
paragraph, regarding the theater lighting specifications and indicating "she noticed the lenses do
exceed below the housing but the PUD indicates they shouldn't." He noted the minutes also
C:\ADMIN\MINUTES\CC\CCO52499.MIN
indicate "staff will ask the developer to verify the light levels." Council Member Marty asked if
the developer will verify the light levels and if the City will also verify the light levels.
Council Member Thomason reported she has been working with Planning Associate Jopke and
the City has a $100,000 bond to assure completion of the theater. She explained that all
unresolved issues will need to be resolved by the end of the month and the light levels will be
measured before full release of the bond.
Acting Mayor Stigney requested the term "Starr Retreat Report" be corrected to state "Staff
Retreat Report" where it occurs on Page 3.
Acting Mayor Stigney requested a correction to Page 3, last paragraph to indicate "Council
Member Stigney stated his acceptance with the understanding this information only reflects what
was generated at the meeting from the majority of those in attendance."
Acting Mayor Stigney, requested the following corrections:
Page 6, eighth paragraph, to indicate: "Council Member Stigney inquired regarding the TIF
Districts which are generating funds..."
Page 7, second paragraph, "...file to document allowable costs for the TIF districts in the event of
an audit."
Council Member Marty advised that Mayor Coughlin has requested a correction to Page 2, first
paragraph, Reports, last sentence to indicate: "Mayor Coughlin extended his appreciation to
Planning Commissioner Kaden who took time off from work to help represent the Cit v at this
meeting."
MOTION/SECOND: Thomason/Stigney. To accept the May 10, 1999 City Council minutes as
corrected above.
Ayes - 3. Nays - 0. Abstain - 1 (Marty). Motion carried.
4. SPECIAL ORDER OF BUSINESS
A. Presentation of certificates to Anna -Marie Baumhoefner, Amy Baumhoefner,
and Sha -Na Marie Furney, Recipients of Girl Scout Gold and Silver Awards
Acting Mayor Stigney asked those involved to come forward for the presentation of their awards.
The Gold and Silver Awards were distributed by City Administrator Whiting to Anna -Marie
Baumhoefner, Amy Baumhoefner, and Sha-na Marie Furney.
C:\ADMIN\MINUTES\CC\CC052499.MIN
Elizabeth Schwerm, Girl Scout Service Unit Manager, congratulated the award winners and
noted that Anna -Marie Baumhoefner has earned the highest Girl Scout award possible, the Gold
Award. She then presented flowers to each recipient.
B. Presentation of resolution of commendation to retired firefighter Timothy C.
Hawley
Administrator Whiting read in full and presented a Resolution of Commendation to Timothy C.
Hawley, retired firefighter, and thanked him for his years of service to the City of Mounds View.
Acting Mayor Stigney and Council Members offered their congratulations and appreciation for
his volunteerism.
5. REPORTS
Council Member Quick had no report.
Council Member Marty reported the Parks and Recreation Committee did not meet. He advised
that Frank Silvis a stalwart member of the community who had been active for years on the Parks
and Recreation Committee had a heart attack and is not doing very well. He stated his thoughts
and prayers are with Mr. Silvis and his family.
Council Member Marty read a prepared statement from Mayor Coughlin thanking all for their
thoughts and well wishes to his family over the birth of their daughter, Shannon Marie Coughlin.
Council Member Marty extended the Council's best wishes to Laura, Shannon, and Mayor
Coughlin.
Mayor Coughlin's report also offered congratulations to the Pinewood Elementary DARE
graduates and appreciation to Police Officer Tim Brennan who has worked with these graduates
Mayor Coughlin's report announced the upcoming bond referendum scheduled for May 25,
1999, and noted the Mounds View polling place is Edgewood Middle School.
Mayor Coughlin's report extended his thanks and gratitude to City Attorney Long, City
Administrator Whiting, and Representative Haake for their efforts above and beyond the call of
duty in working with the Reliever Airport Legislation, meeting attendance, and attempts to
resolve the on-going dispute with MAC over the Blaine airport.
Mayor Coughlin's report thanked Acting Mayor Stigney for chairing the meeting tonight so he
could take his wife and new daughter home.
Acting Mayor Stigney stated he attended the DARE graduation which was a very nice ceremony
and he was impressed with the attitude of the graduates. He stated he hopes this attitude will
C:\ADMIN\MINUTES\CC\CC052499.MIN
help resole drug problems in the future. Acting Mayor Stigney extended his appreciation to
Police Officer Brennan as well.
Acting Mayor Stigney stated he attended the May 13 Charter Commission meeting to review by
laws which will be voted on at the next meeting. He stated they also received input on things the
Commissioners want to change in the Charter which will be addressed on an item -by -item basis
as time allows. Acting Mayor Stigney stated they reviewed recommendations from a League of
Minnesota Cities (LMC) attorney regarding recommended changes to the Charter.
Acting Mayor Stigney reported he filled in for the Mayor at the May 20, 1999 Association of
Metropolitan Municipalities (AMM) conference which was their 25th annual meeting. He stated
recent legislative actions were summarized and many past presidents were in attendance. Acting
Mayor Stigney noted that one of the past presidents was City Attorney Bob Long who received
recognition.
Council Member Thomason reported that last week she met with residents of the area
surrounding the theater, representative from the City, representatives of the theater group, and the
developer. She explained the basis of the meeting was to alleviate traffic problems before they
occur. Council Member Thomason thanked the Police Department for their diligence in
directing traffic. She stated she has not received one complaint from that neighborhood which is
due to the efforts of Lt. David Brick in placing road blocks, and Public Works Director Mike
Ulrich for placing traffic counters.
City Administrator Whiting reported on his meeting with the Transportation Advisory Board of
the Metropolitan Council to discuss the rule change on the no -build zone around minor class
airports. He reported it appears the change will not affect the City of Mounds View but they
talked about the issue of airport noise, referenced Mound View's struggles, and seem to be
acutely aware of the impact the airport has on existing development. He stated the rule change
was approved to go through the Metropolitan Council for hearings and additional information is
expected by mid-July regarding their noise "footprint" in areas where they exclude development.
City Administrator Whiting noted the closed session which will be held later tonight to discuss
the airport litigation and where issues will be addressed in more detail.
City Attorney Long reported on the legislative process for the airport and advised the Bill cleared
all policy committees in the Senate and House and reached the floor of both bodies. He
explained that through discussion with State Representatives Haake, Larson, and Paulsen, they
did agree with the Speaker of the House and Majority Leader to send the Bill to the Rules
Committee so it is ready for immediate floor action in the Senate and House at the start of the
next session.
Council Member Marty advised that residents of Mound View and New Brighton received a
public hearing notice regarding the expansion of the New Brighton Post Office which is being
C:\ADMIN\MINUTES\CC\CC052499.MIN
held tonight. He stated his wife is attending that meeting to gather information and he will report
information as it is available.
Acting Mayor Stigney noted Planning Associate Ericson was to address contractor licenses.
Planning Associate Ericson explained staff will bring to the Council an ordinance to amend the
City Code pertaining to contractor licenses which are currently renewed annually and expire June
30 of each year. He explained contractors have advised staff that this presents a hardship since it
sometimes requires them to obtain two licenses. Planning Associate Ericson stated staff will
recommend the licenses expire December 31st of each year rather than in June.
6. CONSENT AGENDA
A. Approve Just and Correct Claims
B. Contractor Licenses for Approval
C. Amusement Center License for 2430 Highway 10
Acting Mayor Stigney asked the Council if anyone would like to remove items for discussion.
MOTION/SECOND: Quick/Marty. To approve the Consent Agenda for items A, B, and C as
listed above.
Ayes - 4. Nays - 0. Motion carried.
7. UNFINISHED BUSINESS
None.
8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR
There were no requests or comments from the floor.
9. COUNCIL BUSINESS
A. First Reading - Franchise Ordinance 625 and Reliant Energy Minnegasco
City Administrator Whiting explained a request was received from Reliant Energy Minnegasco
requesting they be allowed to do gas distribution within Mounds View which requires the
adoption of an ordinance. He stated this is the first time the Council has seen this item. He
explained that procedurally this would be the first reading and discussion can take place prior to
consideration of second reading. He noted it will be three weeks until the next Council meeting,
City Administrator Whiting stated this ordinance warrants a more discussion which can occur at
the next work session.
C:\ADMIN\MINUTES\CC\CC052499.MIN
City Attorney Long stated the ordinance contained in the meeting packet was presented by
Reliant Energy Minnegasco but tonight he has distributed an ordinance his firm prepared for
Council consideration based on the standard LMC format. He stated this is called an ordinance
but a franchise agreement must be agreed on by both parties.
City Attorney Long explained that over a year ago an existing customer of Minnegasco opened a
business in Mounds View and asked if Minnegasco could continue providing service. At that
time, staff began to prepare a franchise agreement but, since there was a lot of discussion about a
model ordinance, it was placed on hold. However, the City did allow Minnegasco to extend a
line to that one customer so Minnegasco has been operating in Mounds View (for that one
business) for some time. Staff recommends the City consider a franchise ordinance that
incorporates the newest provisions including a franchise fee at the same level as NSP.
Council Member Marty asked if Minnegasco is running their own lines in or using NSP lines
with a Minnegasco meter.
Peter Melander, representing Reliant Energy Minnegasco, explained that Zeff Manufacturing is
being serviced by their own line and they are now working on an account that would require a
new line. He stated Minnegasco could handle that under the permitting process but needs the
franchise agreement to address the Zeff Manufacturing account and any new accounts would be
handled individually.
Council Member Marty stated this is first reading so the technical issues do not need to be
addressed tonight and can be discussed during the work session.
City Attorney Long stated the meeting agenda tonight should have included an item on the LMC
prepared model right-of-way ordinance dealing with digging in public rights-of-way for utilities.
He stated it might not be a bad idea to think about the right-of-way ordinance so it is in place for
any utility company that wants to dig lines in those areas. City Attorney Long suggested that
issue also be discussed at the workshop meeting.
MOTION/SECOND: Quick/Marty. To waive the reading and approve first reading of Ordinance
625, an Ordinance Granting to 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 Public Ways and Public Grounds of the City for Such Purposes and Prescribing
Certain Terms and Conditions Thereof.
Ayes - 4. Nays - 0 Motion carried.
B. YMCA Agreement
C:\ADMIN\MINUTES\CC\CC052499.MIN
City Administrator Whiting noted the memorandum prepared by Finance Director Kessel
regarding the latest draft of the Agreement with the YMCA and noted the changes.
Council Member Marty requested this item be tabled until the Finance Director is available to
answer questions. He stated he noticed some issues which he would like resolved since this is a
long-term agreement.
MOTION/SECOND: Marty/Thomason. To table consideration of the YMCA Agreement for
additional discussion at the June 8, 1999, or June 21, 1999 work session.
City Administrator Whiting stated the Finance Director will not be available until June 21st but
if the Council has questions he can refer them to the Finance Director. If answers are available,
it can be considered June 8, otherwise it can be delayed to June 21.
Ayes - 4. Nays - 0. Motion carried.
City Attorney Long provided the Council with a copy of the newly revised Agreement.
C. Surplus List of Cable Equipment
City Administrator Whiting presented a list identifying the surplus from this past winter's
upgrade. He noted the recommendation to authorize staff to dispose of surplus inventory as
stipulated in the policy. He explained that in the past the items have been taken to an auction
house.
MOTION/SECOND: Marty/Quick. To authorize staff to dispose of surplus inventory as
stipulated in the policy for disposition of surplus property.
Acting Mayor Stigney stated he and others may wish to bid on some of the items listed and
suggested the list of items be posted at the City Hall with information on when they will be
auctioned.
Ayes - 4. Nays - 0. Motion carried.
10. Next Council Work Session: Monday, June 7, 1999 at 6:00 PM
Next Council Meeting: Monday, June, 14, 1999 at 7:00 PM
No action required.
In consideration of audience members present, Acting Mayor Stigney suggested the EDA
meeting be held prior to the closed session. The Council agreed.
Acting Mayor Stigney recessed the Council meeting to the EDA meeting at 7:50 p.m.
C:\ADMIN\MINUTES\CC\CC052499.MIN
Following adjournment of the EDA meeting, Acting Mayor Stigney announced the Council will
now meet in closed executive session to discuss litigation. He adjourned the regular meeting to a
closed executive session at 8:28 P.M.
11. CLOSED SESSION
A. Airport Litigation
This item was addressed by the Council in a closed executive session which was not open to the
public.
12. ADJOURNMENT
Mayor Coughlin adjourned the meeting at 9:35 P.M.
Transcribed and recorded by:
Carla Wirth
TimeSaver Off Site Secretarial, Inc.
C:\ADMIN\MINUTES\CC\CC052499.MIN
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:
13464 through 13469 in the amount of $ 24,688.89
13470 through 13632 in the amount of $ 218,447.65
TOTAL AMOUNT OF CLAIMS PRESENTED: $ 243,136.54
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 06/15/99 by the vote ayes nayes
Mayor
Clerk -Administrator
Date: 06/10/1999 Time: 15:28:45 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
------------
-------
13470
----------------------
Rosedale Chevrolet
------------------------
3/4 Ton Truck 4900
24,682.50
Total for Chk 13470
24,682.50-
13471
ICMA Retirement Trust
ICMA for 06/03/99
3,848.28
Total for Chk 13471
3,848.28*
13472
Law Enforcement Labor
Union Dues for June
462.00
Total for Chk 13472
462.00*
13473
Minnesota Child Suppor Child Support for 06/03/
690.90
Total for Chk 13473
690.90*
13474
Minnesota Mutual
MN Mutual for 06/03/99
307.69
Total for Chk 13474
307.69*
13475
MINNESOTA STATE RETIRE
MN Retirement for 06/03/
125.00
Total for Chk 13475
125.00*
13476
NCPERS Life insurance
PERA Life for June
69.00
Total for Chk 13476
69.00*
13477
Public Employees Retir PERA for 06/03/99
11,037.07
Total for Chk 13477
11,037.07*
13478
Sedgwick E -SNL
Dental and Life ins. for 4180
2,186.95
Total for Chk 13478
2,186.95*
13479
Twin City Federal Mort TCF For June
488.00
Total for Chk 13479
488.00*
13480
Western Bank
Savings for 06/03/99
120.00
Total for Chk 13480
120.00*
13481
Minnesota Department
o Hazardous Waste Tax 4900
50.00
Total for Chk 13481
50.00*
Date: 06/10/1999 Time: 15:28:45 Operator: Marge Norquist
Page: 2
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check #
Vendor Alpha Name
Description All
Amount
13482
Western Bank
Replenish Petty Cash 4130
199.37
Total for Chk 13482
199.37*
13483
Inside Corner Umpires
Softball Umpires
1,368.00
Total for Chk 13483
1,368.00*
13484
Michael Ulrich
Mileage & Phone Reimburs 4460
105.35
Total for Chk 13484
105.35*
13485
James Rygwall
Music in the Park perfor 4350
300.00
Total for Chk 13485
300.00*
13486
Ace Solid Waste, Inc.
Rubbish Pickup -Bridges 4901
887.69
Total for Chk 13486
887.69*
13487
Action Systems
Interim Telephone System 4160
1,294.61
Total for Chk 13487
1,294.61*
13488
Addie Lane Floral
Flowers-Frits,Coughlin,S 4160
116.56
Total for Chk 13488
116.56*
13489
Airtouch
799-2587 4360
430.07
Total for Chk 13489
430.07*
13490
All City Elevator, Inc
Bi -Monthly Elevator Sery 4160
73.00
Total for Chk 13490
73.00*
13491
American Office Produc
Business Cards-Babekuhl 4130
265.62
Total for Chk 13491
265.62*
13492
AmeriPride Linen & App Floor Mats 4160
208.41
Total for Chk 13492
208.41*
13493
Anchor Paper Co.
Windshield Towels 4460
238.95
Total for Chk 13493
238.95*
13494
Antec Corporation
Equipment Repair 4823
3,682.63
Total for Chk 13494
3,682.63*
13495
Associates Commercial
Lease Payment 4901
1,693.82
Total for Chk 13495
1,693.82*
13496
Bacon's Electric
Power repair -Well #6 4823
220.50
Total for Chk 13496
220.50*
13497
Batteries Plus
Battery 4462
70.28
Total for Chk 13497
70.28*
13498
D. L. Beach
Permit Overpayment
28.78
Total for Chk 13498
28.78*
Date: 06/10/1999 Time: 15:28:45 Operator: Marge Norquist
Page: 3
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check #
Vendor Alpha Name
Description
All
Amount
13499
Beisswengers
73048261600
4826
416.67
Total for Chk
13499
416.67*
13500
Biffs, Inc.
Satellite -Bridges
4900
1,581.73
Total for Chk
13500
1,581.73*
13501
City of Blaine
2850 82nd Lane N.E.
4901
100.97
Total for Chk
13501
100.97*
13502
Douglas Borg
Permit Refund
9.55
Total for Chk
13502
9.55*
13503
Timothy Brennan
DARE expense reimburseme 4200
527.49
Total for Chk
13503
527.49*
13504
Brighton Veterinary
Ho Veterinary Services
4200
310.00
Total for Chk
13504
310.00*
13505
Brimeyer Group, Inc.
Police Chief Search
4200
4,666.00
Total for Chk
13505
4,666.00*
13506
Brock White Company,
L Wiper Blades, Squeegee A 4470
71.46
Total for Chk
13506
71.46*
13507
Browning Ferris Indust Medical Waste
4200
33.03
Total for Chk
13507
33.03*
13508
Bumper to Bumper
Aerovantage Blades
4462
149.06
Total for Chk
13508
149.06*
13509
Capitol Beverage Sales Beverages
4901
629.75
Total for Chk
13509
629.75*
13510
Carlson Tractor & Equi Sensor Assembly
4360
59.67
Total for Chk
13510
59.67*
13511
Central Data Supply
Cc Toner
4160
1,308.52
Total for Chk
13511
1,308.52*
13512
Century College
Law Enforcement Training 4200
825.00
Total for Chk
13512
825.00*
13513
Century Fence Co.
Repair Fence
4460
125.00
Total for Chk
13513
125.00*
13514
Certified Laboratories
Aero -Strip, De -Mark
4360
283.08
Total for Chk
13514
283.08*
13516
Cintas - 748
Floor Mats
4350
1,143.82
Total for Chk
13516
1,143.82*
Date: 06/10/1999 Time: 15:28:45 Operator: Marge Norquist
Page: 4
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check #
-------
Vendor Alpha Name Description
----------------------------------------------
All
--------
Amount
------------
13517
Corporate Express Office Furniture
4650
234.30
Total for Chk
13517
234.30*
13518
Cottens, Inc.
4900
187.84
Total for Chk
13518
187.84*
13519
Cross Nurseries, Inc. Trees
4380
607.90
Total for Chk
13519
607.90*
13520
Cues, Inc. Clamps
4826
33,453.99
Total for Chk
13520
33,453.99*
13521
Cushman Motor Company, Implement Lift
4900
788.10
Total for Chk
13521
788.10*
13522
Cy's Uniforms Uniform equipment
4200
85.70
Total for Chk
13522
85.70*
13523
D. C. A. Inc. F1ex.Spending
Acct. 4160
150.00
Total for Chk
13523
150.00*
13524
David -Geoffrey & Assoc Staff Vests
4901
1,582.20
Total for Chk
13524
1,582.20*
13525
Department of Agricult Food Handlers
License Re 4901
65.00
Total for Chk
13525
65.00*
13526
Department of Commerce Notary Public
renewal -Ju 4823
40.00
Total for Chk
13526
40.00*
13527
East Side Beverage Co. Beverages
4901
534.60
Total for Chk
13527
534.60*
13528
Electronic Communicati Move Motion Detector -Com 4650
194.00
Total for Chk
13528
194.00*
13529
Elegant Thymes Caterin Liberty Check
Luncheon
510.78
Total for Chk
13529
510.78*
13530
Focus News Legal Notice-Fin.Report 4160
438.30
f Total for Chk
13530
438.30*
13531
Forest Lake Contractin Topsoil
4470
63.90
Total for Chk
13531
63.90*
13532
John Henry Foster Minn
4360
15.57
Total for Chk
13532
15.57*
13533
Fridley, City of 7555 Pleasant
View Dr.N. 4823
472.74
Total for Chk
13533
472.74*
Date: 06/10/1999 Time: 15:28:45 Operator: Marge Norquist
Page: 5
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check #
-------
Vendor Alpha Name
----------------------
Description
------------------------
All
--------
Amount
-----------
13534
Richard R. Friedrichs
Overpayment
15.53
Total for Chk
13534
15.53-
13535
G E Capital ITS
Printer
4150
1,623.26
Total for Chk
13535
1,623.26*
13536
Gateway Fabrication &
Fabrication -Sprinkler Pi 4823
2.27
Total for Chk
13536
2.27*
13537
General Sports Corp.
T Shirts
4351
914.90
Total for Chk
13537
914.90*
13538
Gerten Greenhouses, In
Flowers
4900
144.84
Total for Chk
13538
144.84*
13539
Goodin Company
Packing -Well #1
4823
20.18
Total for Chk
13539
20.18*
13540
Goodwill/Easter Seal
S Pickup on Clean-up
Day 4420
262.50
Total for Chk
13540
262.50*
13541
W. W. Grainger
Water Cooler, Cup
Dispen 4460
40.65
Total for Chk
13541
40.65*
13542
Green Tree Vendor Sery Lease Payment
4460
153.28
Total for Chk
13542
153.28*
13543
Griggs, Cooper & Compa Wine Coolers
4901
176.00
Total for Chk
13543
176.00*
13544
Sonia Guimont
Golf Refund
233.00
Total for Chk
13544
233.00*
13545
Scott Hellendrung
Golf Refund
60.00
Total for Chk
13545
60.00*
13546
Home Depot Commercial
Flat Plate, Tray
4900
8.68
Total for Chk
13546
8.68*
13547
Hornungs Pro Golf Sale
Rental Clubs
4901
234.55
Total for Chk
13547
234.55*
13548
Hughes & Costello
Statement for Legal Sery 4200
3,719.00
Total for Chk
13548
3,719.00*
13549
Hydraulic Specialty
Co Hoses, Couplings
4465
16.72
Total for Chk
13549
16.72*
13550
Infratech
Sewer Main Spot Repair 4823
5,520.00
Total for Chk
13550
5,520.00*
Date: 06/10/1999 Time: 15:28:45 Operator: Marge Norquist
Page: 6
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check #
Vendor Alpha Name Description
All
Amount
13551
The Innovation Groups Doc.Mgmt.& Imaging
Works 4160
109.00
Total for Chk
13551
109.00*
13552
Insty Prints Instruction Pricing, Bus 4901
82.31
Total for Chk
13552
82.31*
13553
Kath Auto Parts & Mach Disc Brake Sets
4462
129.88
Total for Chk
13553
129.88*
13554
Kath Fuel Oil Service Oil
4900
78.09
Total for Chk
13554
78.09*
13555
Knox Commercial Credit Lumber for Mail Box Stan 4470
1,806.10
Total for Chk
13555
1,806.10*
13556
Labor Relations Associ Grievance Arbitration -Br 4160
1,521.00
Total for Chk
13556
1,521.00-
13557
Constance Larson Flower Refund
11.00
Total for Chk
13557
11.00*
13558
League of Minnesota Ci Czarnecki,Jarson,Hammers 4200
601.67
Total for Chk
13558
601.67-
13559
Lesco, Inc. Chemicals
4900
2,341.01
Total for Chk
13559
2,341.01*
13560
Linders Greenhouses, I Flowers for Garden
Club
103.51
Total for Chk
13560
103.51*
13561
M R Sign Tuf-Bolts
4475
3,456.43
Total for Chk
13561
3,456.43*
13562
M.T.I. Distributing Co Plumbing Supplies
4900
1,040.63
Total for Chk
13562
1,040.63*
13563
Mail Boxes Etc. Shipping
4826
78.38
Total for Chk
13563
78.38*
13564
Main Motors Chev,Cad,R Repair of hail damaged s 4460
3,350.70
Total for Chk
13564
3,350.70*
13565
Richard Maki Plan Check refund
190.61
Total for Chk
13565
190.61*
13566
Manpower Receptionist
4823
1,386.66
Total for Chk
13566
1,386.66*
13567
Markertek Video Supply Interface Cable
4350
121.25
Total for Chk
13567
121.25*
Date: 06/10/1999 Time: 15:28:45 Operator: Marge Norquist
Page: 7
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check #
-------
Vendor Alpha Name
----------------------
Description All
------------------------ --------
Amount
------------
13568
Masys Corporation
Enfors Maintenance 4200
623.69
Total for Chk 13568
623.69*
13569
Matco Tools
Tools 4462
71.09
Total for Chk 13569
71.09*
13570
MCI Worldcom
Long Distance 4160
94.21
Total for Chk 13570
94.21*
13571
Medtronic
Park Deposit
100.00
Total for Chk 13571
100.00*
13572
Menards
Imp Oak Col.Casing 4826
213.60
Total for Chk 13572
213.60*
13573
Metro Legal Services,
Del. to D. Wells 4160
50.00
Total for Chk 13573
50.00*
13574
Metrocall
State Display Service 4823
69.94
Total for Chk 13574
69.94*
13575
Microtech North
Color Monitor Repair 4160
150.00
Total for Chk 13575
150.00*
13576
Midwest Asphalt Corpor Asphalt 4470
722.33
Total for Chk 13576
722.33*
13577
Midwest Coca/Cola
Beverages 4901
1,804.40
Total for Chk 13577
1,804.40*
13578
W. B. Miller
Edgewood Drive Realignme 4470
33,270.88
Total for Chk 13578
33,270.88*
13579
Minnegasco
Natural Gas 4901
32.81
Total for Chk 13579
32.81*
13580
Minnesota City/County
Membership -Schmidt 4130
156.73
Total for Chk 13580
156.73*
13581
Minnesota Conway
Fire Alarm Inspection 4160
127.80
Total for Chk 13581
127.80*
13582
Minnesota Department
o Water Supply Connection
4,050.52
Total for Chk 13582
4,050.52*
13583
Minnesota Dept. of Hea
Water System Operator Re 4823
23.00
Total for Chk 13583
23.00*
13584
State of Minnesota
Air Tank Inspection 4823
30.00
Total for Chk 13584
30.00*
Date: 06/10/1999 Time: 15:28:45 Operator: Marge Norquist
Page: 8
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check #
Vendor Alpha Name Description
---------------------- ------------------------
All
--------
Amount
13585
Minnesota Department o Decals
4465
20.00
Total for Chk
13585
20.00*
13586
Minnesota Golf Cars, I Bulk Fuel Line
4900
207.34
Total for Chk
13586
207.34*
13587
Minnesota Valley Whole Lilac, Ivory Silk
Tree 4900
219.39
Total for Chk
13587
219.39*
13588
Minnesota Wanner Compa Brass Tips, Coupling, Al 4360
32.39
Total for Chk
13588
32.39*
13589
Mizuno USA, Inc. Golf Merchandise
4901
126.40
Total for Chk
13589
126.40*
13590
Mounds View, City of Training Seminar
4160
391.23
Total for Chk
13590
391.23*
13591
New Brighton -Mounds Vi Business of the Year
Lun 4650
50.00
Total for Chk
13591
50.00*
13592
Nike USA, Inc. Golf Merchandise
4901
529.45
Total for Chk
13592
529.45*
13593
North Star Turf, Inc. Air Filters
4900
410.24
Total for Chk
13593
410.24*
13594
Northern Sanitary Supp Smokers Station
4350
1,527.07
Total for Chk
13594
1,527.07*
13596
Northern States Power 7840 Pleasant View Dr.N. 4350
4,299.11
Total for Chk
13596
4,299.11*
13597
Northern Tool & Equipm Air Hose
4360
70.61
Total for Chk
13597
70.61*
13598
Paper, Folders, 4160
Colored Pa
Office Depot p
57.44
Total for Chk
13598
57.44*
13599
Olson Power Equipment Filters, Hitch Pins, Pin 4900
164.41
Total for Chk
13599
164.41*
13600
Orkin Exterminating Co Exterminating
4160
88.29
Total for Chk
13600
88.29*
13601
Brad Ragan, Inc. Multi Rib TITN
4360
92.80
Total for Chk
13601
92.80*
13602
Recreation, Sports and Bases W/Anchors,
Anchor 4367
298.90
Total for Chk
13602
298.90*
Date: 06/10/1999 Time: 15:28:45 Operator: Marge Norquist
Page: 9
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check #
-------
Vendor Alpha Name
----------------------
Description
------------------------
All
--------
Amount
------------
13603
Reeds Sales & Service
Belts
4900
1,010.64
Total for Chk
13603
1,010.64-
13604
Glenn Rehbein Farms
Sod
4900
1,207.20
Total for Chk
13604
1,207.20-
13605
Mr. Rooter Plumbing
Refund-Dup.Permit
22.50
Total for Chk
13605
22.50*
13606
Royal Tire - Kampa Tir Tires
4462
1,007.79
Total for Chk
13606
1,007.79*
13607
S.R.E. Security Alarm
Monitor 05 thru 04
4360
191.70
Total for Chk
13607
191.70*
13608
Safety Kleen Corporati Solvent
4460
129.40
Total for Chk
13608
129.40*
13609
Short -Elliott & Hendri Booster Station Improvem 4823
1,652.49
Total for Chk
13609
1,652.49-
13610
Shred -It
Shredding
4200
49.95
Total for Chk
13610
49.95*
13611
Jenna Sibert
Class Refund
20.00
Total for Chk
13611
20.00*
13612
Sign -A -Rama, U.S.A.
Food Court Signage
4901
146.18
Total for Chk
13612
146.18*
13613
Snyders
Film Processing
4200
6.37
Total for Chk
13613
6.37*
13614
Spalding
Golf Merchandise
4901
772.10
Total for Chk
13614
772.10*
13615
Spring Lake Park Fire
Fire Protection Service- 4210
12,047.25
Total for Chk
13615
12,047.25*
13616
Spring Lake Park Lumbe
Lumber
4823
7.88
Total for Chk
13616
7.88*
13617
St. Paul Pioneer Press
Subscription
4901
49.01
Total for Chk
13617
49.01*
13618
Sysco Food Services of Dispenser Beverages
4901
2,532.76
Total for Chk
13618
2,532.76*
13619
Time Saver
City Council, EDA
Mtgs. 4100
712.25
Total for Chk
13619
712.25*
Date: 06/10/1999 Time: 15:28:45 Operator: Marge Norquist
Page: 10
City of Mounds View
FM Entry - Invoice Payment - Approval of Bills
Check #
-------
Vendor Alpha Name Description
----------------------------------------------
All
--------
Amount
------------
13620
Toll Gas & Welding Sup Cylinder Fill and Mainte 4462
152.66
Total for Chk
13620
152.66*
13621
Twin City Bridal Assn. March Show Balance
4730
10.53
Total for Chk
13621
10.53*
13622
Twin City Refuse & Rec Pickup on Clean -Up
Day 4420
5,129.00
Total for Chk
13622
5,129.00*
13623
U. S. Filter Distribut Meter Transceiver
Units/ 4823
1,393.31
Total for Chk
13623
1,393.31*
13624
U. S. Kids Golf Kid Clubs
4901
322.73
Total for Chk
13624
322.73*
13625
U. S. West 783-1307
4360
1,652.88
Total for Chk
13625
1,652.88*
13626
Viking Safety Products Safety Supplies
4900
180.14
Total for Chk
13626
180.14*
13627
Voss Lighting Quartz Lamps
4350
59.32
Total for Chk
13627
59.32*
13628
Western Bank Savings Bond-McCalley 4420
100.00
Total for Chk
13628
100.00*
13629
Jennifer White Wedding Deposit Refund
250.00
Total for Chk
13629
250.00*
13630
Charles Whiting Tuition Reimbursement 4130
685.40
Total for Chk
13630
685.40*
13631
Window Lite Home Impro Overpayment
68.80
Total for Chk
13631
68.80*
13632
Yamaha Motor Corp., U. Yamaha Leasing
4900
231.00
Total for Chk
13632
231.00*
Grand Total
218,447.65*
C
of Mounds View Staff
Item No.�_
Staff Report No.
Meeting Date: June 14, 1999
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: ConsentAgenda; CB: Council Business
To: Honorable Mayor & City Council
From: James Ericson, Planning Associate
Item Title/Subject: 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.
Date of Report: June 9, 1999
Background:
The impetus for this revision to the Building Code results from negative feedback received from
building contractors concerning the timing of annual contractor license fee. Staff concurred and
drafted the proposed ordinance to alleviate a potential hardship for some contractors. According
to the Code, the licensing period for contractors runs from July 1 through June 30 of every year.
Thus, a contractor doing only one job in the City may end up having to obtain two licenses for
one building season to complete the one job.
Staff presented this proposed ordinance to the Council on June 7, 1999 for preliminary discussion.
The public hearing for this ordinance has been set for the June 28th meeting of the Council.
Analysis:
The proposed changes are few --the licensing period shall run from January 1 to December 31
annually instead of July 1 through June 30. As stated above, 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. Staff would like to handle the transition between the two licensing periods
administratively, such that all licenses that need to be renewed on July 1 will expire December 31,
1999 and will cost a prorated fee of $20 instead of the established $40.
The other changes considered with 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.
City of Mounds View Staff Report
June 9, 1999
Page 2
Recommendation:
Introduce the 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.
James Ericson, Planning Associate
N:\DATA\GROUPS\COMDEV\SPECPROASP070-99\ORD2.NMM
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 itafirized, 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
Gas line installer
General construction; commercial contractors and those residential general contractors
who do not regnire have a State license
Heating, air conditioning, ventilation or refrigeration
Masonry
Plaster, stucco or lathing
Roofing
Sewer and w'jter (working in street only, State plumbing license covers any work to the
property line) -
Sheetrock
Ordinance 628
Page 2
Sign and billboard 3-2
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 3tr" 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
of Mounds View Staff Re
Item Nol
Staff Report No.
Meeting Date: June 14, 1999
Type of Business: CB
WK: Work Session; PH.- Public Hearing;
CA: Consent Agenda; CB: Council Business
Y:
To: Honorable Mayor & City Council
From: Rick Jopke, Community Development Director
Item Title/Subject: Consideration of Resolution No. 5339 Accepting the Public
Improvements at the Theater Project
Date of Report: June 4, 1999
Background:
The Development Agreement which the City entered into with Anthony Properties Management,
Inc. and Louise O'Neil requires that the developer construct certain improvements including
street, grading, drainage, landscaping, and other public improvements as part of the project.
Section 2.09 of the agreement indicates that upon completion of the improvements,
representatives of the City and the developer will make a final inspection of the work. The City
has no obligation to accept the improvements if they are not consistent with the approved plans
or not in compliance with all City ordinances and standards related thereto. Final approval and
acceptance of the improvements shall be by a resolution duly adopted by the City Council.
A draft Resolution No. 5339 accepting the public improvements is attached for City Council
consideration.
The City Council tabled action of the resolution on May 10, 1999 to allow for a number of
incomplete items to be addressed by the developer.
Discussion:
The developer has completed all items with the exception of some minor landscape items. The
City has a performance bond in the amount of $100,000 to ensure that these improvements are
completed. The developer has also provided a check to the City in the amount of $187,500 to
cover its share of the Highway 10 / Edgewood Dr. intersection improvement and signalization
costs.
Options:
A. Approve the attached Resolution No. 5339.
B. Approve the attached Resolution No. 5339 with amendments.
City of Mounds View Staff Report
June 4, 1999
Page 2
C. Not approve Resolution No. 5339.
Staff would recommend that the City Council approve the attached Resolution No. 5339.
Rick Jopke, Comm ity Development Director
N:\DATA\GROUPS\COMDEV\DEVCASES\517-98\PUBIMPB.RPT
RESOLUTION NO. 5339
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS AT THE THEATER
PROJECT.
WHEREAS, the City of Mounds View, Anthony Properties Management, Inc., and Louise O'Neil have
entered into a Developer's Agreement dated September 11, 1998 (Agreement); and
WHEREAS, the Agreement requires the Developer to construct certain improvements including street,
grading, drainage, landscaping, and other public improvements (Improvements) as part of the project; and
WHEREAS, the Agreement requires City inspection and acceptance of the Improvements.
NOW, THEREFORE, BE IT RESOLVED, that the City of Mounds View accepts the Improvements.
Adopted this 14th day of June, 1999.
ATTEST
Mayor Dan Coughlin
Charles S. Whiting, City Clerk/Administrator
Item No.—//) fl—
Staff Report No.
Meeting Date: 6/14/99
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City of Mounds View Staff Report
To: Mayor and City Council Members
From: Rick Jopke, Community Development Director
Item Title/Subject: Resolution No. 5343 Requesting an Extension of Comprehensive Plan
Submittal Deadline
Date of Report: June 7, 1999
BACKGROUND
As you know, all communities in the Twin Cities Metropolitan area are required to submit an updated
comprehensive plan to the Metropolitan Council. Originally this was to be done by December 31, 1998.
Mounds View was granted an extension to this deadline to allow submittal by June 30, 1999. While
progress has been made the update of the comprehensive plan is not complete. Therefore an additional
extension will be necessary.
To date the Planning Commission has completed discussion of initial drafts of the community
background, land use, housing, community facilities, and transportation sections of the plan. The EDC
is currently working on a draft of the economic development section. Once they have completed their
work the draft economic development section will be presented to the Planning Commission for
incorporation into the comprehensive plan. Staff will then complete the implementation section and
produce a complete draft comprehensive plan for review by the Planning Commission. Once that
review is complete, the Planning Commission will present the draft plan to the community at
informational forums prior to holding a formal public hearing. After the hearing, the Planning
Commission will recommend a comprehensive plan to the City Council. The City Council will then be
asked to review the document and approve its release the Metropolitan Council and adjacent
communities for review. Following approval by the Metropolitan Council, the City Council will then
need to formally the plan.
A copy of Resolution No. 5343 requesting an additional 6 month extension is attached for City Council
consideration.
STAFF RECOMMENDATION
Staff recommends that the City Council pass Resolution No. 5343 requesting a additional 6 month
extension to the deadline for submittal of an updated comprehensive plan and directing staff to
complete and submit the necessary paperwork to the Metropolitan Council.
" dv�e��
Rick Jopke, Com unity Development Director
RESOLUTION NO. 5343
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
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
WHEREAS, state statutes (Minn. Stat. 473.175-473.871 (1996) requires that cities review and revise
their comprehensive plans for consistency with Metropolitan Council policy plans; and
WHEREAS, the Metropolitan Council has amended its policy plans; and has provided system statements
outlining Council policy relative to the city; and
WHEREAS, the City of Mounds View is required to review its comprehensive plan for consistency with
the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan
Council by December 31,1998; and
WHEREAS, the Metropolitan Council granted the City of Mounds View a six month extension of the
submittal date; and
WHEREAS, the City of Mounds View has scheduled and budgeted to complete a major review and
update of its comprehensive plan by December 31, 1999;
NOW, THEREFORE, BE IT RESOLVED, that the City of Mounds View requests that the
Metropolitan Council grant the City of Mounds View an additional six month extension to the deadline to
complete its comprehensive plan; circulate the revised document to the adjacent governmental units and
affected school districts for review and comment; and, following approval by the Planning Commission
and after consideration by the City Council, submit the plan to the Metropolitan Council for review.
The motion for adoption of the foregoing resolution was introduced by Council Member seconded by
Council Member , and upon a vote being taken thereon, the following voted in favor thereof:
Council Members and the following voted against the same:
WHEREUPON said resolution was declared duly passed and adopted this 14th Day of June, 1999.
Dan Coughlin, Mayor
Charles S. Whiting, City Clerk/Administrator
Resolution No. 5278
STATE OF MINNESOTA )
) SS
COUNTY OF RAMSEY )
I, the undersigned, being the duly qualified City Clerk / Administrator of the City of Mounds
View, County of Ramsey, State of Ninnesota, do hereby certify that I have carefully compared
the attached and foregoing extract of the minutes of a regular meeting of said City Council of the
City of Mounds View held on the 14th day of June, 1999, with the original thereof on file in the
office of the City Clerk / Administrator at the Mounds View City Hall.
WITNESS MY HAND officially as such City Clerk / Administrator this day of
,1999.
Charles S. Whiting, City Clerk/Administrator
N:\DATA\GROUPS\COMDEV\CITYCOUN\CCRESORD\61499CMP.RES
Item No. 1-0 AO
Staff Report No.
Meeting Date: June 14, 1999
Type of Business: 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: Consideration of Resolution 5340, A resolution approving a
Development Review for a Four -unit Multiple Family Residential
Structure Located at 7623 - 7629 Woodlawn Drive,
Planning Case No. 555-99
Date of Report: June 9, 19999
Attachments: Planning Application
Zoning Map
Site, Grading and Drainage Plans, 6/7/99 (Separate Attachment)
Building Elevations, revised 6/7/99 (Separate Attachment)
Parking and Landscape Plans, 6/7/99 (Separate Attachment)
Resolution 5340
Background:
The applicant, Mike Juaire, representing PMJ Group, has requested approval of a development
review for the four-plex to be located at 7623 - 7629 Woodlawn Drive, currently vacant property.
The applicant has purchased this lot and the adjoining formerly tax -forfeit property to the east and
plans on developing both with four -unit dwellings.
The elevations provided for the four-plex show a a two-story structure built at grade level (no
basements) with the dwelling units lined in a row. Each unit will have three bedrooms and two
bathrooms. The end dwelling units have entrances at the sides of the building while the middle
units take access from the building's front. All units have a two -car garage incorporated into the
lower level. Also on the lower level are the utility rooms, each unit having separate wash and dry
appliances.
The Planning Commission reviewed this request at their June 2nd meeting,- voting to recommend
approval of the development review with several stipulations and modifications requested
concerning the overall site, parking and landscape plans. All of Staffs and the Planning
Commission's requested modifications have been accomplished by the applicant.
Analysis:
Dimensional Requirements:
Juaire Development Review
June 14, 1999
Page 2
Building Setbacks:
Front (Woodlawn Dr.)
Side (West):
Side (East):
Rear (North):
Parking Lot Setbacks:
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
three-bedroom dwelling units:
Parking requirements:
Uncovered: (1.5 per unit)
Covered: (1.0 per unit)
Required
Proposed:
Met ?
30 feet
30 feet
Yes
20 feet
20 feet
Yes
20 feet
20 feet
Yes
40 feet
40 feet
Yes
5 feet
>5 feet
Yes
100 feet
108 feet
Yes
10,000 sq.ft.
15,246 sq.ft.
Yes
2,400 sq. ft.
3,700 sq. ft.
Yes
45 feet
26 feet
Yes
870 sq.ft.
960 sq.ft.
Yes
6 spaces
8 spaces
Yes
4 spaces
8 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 site is flat with little if any elevation change from one end to the other. Given that, devising a
suitable plan to handle stormwater runoff was a challenge. The applicant has submitted two
drainage plans that staff feels would adequately handle the drainage generated by this site and
adjoining properties. Both plans have been reviewed by SEH, the City's engineer with regard to
stormwater management, and have been found acceptable. The City's preferred option involves the
construction of a storm sewer line that would run from the rear of the subject properties (Lots 9
and 10) to a catch basin located in the County Road I right of way. The applicant has made some
effort to gain agreement from the affected property owners to the north to allow for the dedication
of a drainage easement for the storm sewer line, which would be constructed by the applicant but
then dedicated to the City. The applicant (and its heirs or assigns) would be responsible for the
maintenance of the line for a five-year period as a means to guarantee its functioning.
Landycae 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 landscape plan dated June 7, 1999 has
been reviewed by Rick Wriskey, the City Forester. Mr. Wriskey has suggested that the Potentillas
be replaced with Gold Flame Spireas and that the Marshall's Ash be replaced with Patmore Ash,
both changes acceptable to the developer. The landscape plan will also be revised in the area
highlighted to show either a line of plantings or decorative fencing (or both) at the south end of the
lot to create a visual barrier or separation between the four-plex and adjoining apartment complex
to the west. Since the landscape plan has yet to be revised to reflect this addition, the Council may
want to make a specific recommendation or let staff and the applicant agree to the details here.
Juaire Development Review
June 14, 1999
Page 3
There has been some discussion about constructing a fence around the property, but at this time
one is not planned. The applicant would like to be able to do so in the future if it is determined to
be necessary for security or other reasons.
Parking
Each of the new townhouse -styled multi -family units is proposed to have a tuck -under attached
two -car garage with space in the driveway for an additional two vehicles per unit. The two units
furthest from the street may have a difficult time turning around on the site so as to exit the
property in a forward motion, but it does appear that it is at least possible.
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 in part
serve as drainage areas for the development. As part of this development review, the City will be
requiring that the applicant agree to dedicate an additional ten feet of space to the rear and west of
the building, and a five foot easement on either side of the dividing property line between the two
subject parcels. The applicant is working to come to an agreement with the properties to the north
to secure an easement through which a storm sewer would be constructed. If this is not possible
for whatever reason, the second drainage alternative (Option 2) would be utilized.
Other Issues:
It can be seen on the certificate of survey that the neighboring property, Woodlawn Terrace
Apartments, encroaches onto the subject property in two places near the southern end toward
Woodlawn Drive. Woodlawn Terrace's dumpster enclosure and parking lot cross the lot line,
which is a violation of the City Code. Staff will be meeting with the owner of the apartment
complex to discuss this and other issues relative to the development of the four-plex.
Recommendation:
Staff recommends approval of Resolution 5340, a resolution approving a development review for
a four -unit multi -family structure at 7623 - 7629 Woodlawn Drive, requested by Mike Juaire,
representing PMJ Group, Inc., with stipulations.
James Ericson, Planning Associate
N:\DATA\GROUPS\COMDEV\DEVCASES\555-99\JUAIRE.CC2
05/14/98 15:40 FAX 812 784 3482 CITY OF XV IM002/005
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT APPLICATION
2401 I-Eghway 10, Mounds View MN 55112
612.717-4024
612-784-3462 - FAX
Please Type or Print Information - Complete Both Sides of This Form
Applicant Information —
Name of Applicant ire, Telephone 4 IZ -3/5-3/52 -
Address Fax & I t,
Interest In Property (check appropriate box)
Owner of property c Contract for Dad Owner
C3 Lessee, Operator, Manager C Agreement to Purchase
0 other (wwlain)
Applicants must provide evidence 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 rrom the owner giving consent to the (Ping of this appllcatlom The
property owner must sign this application for it to be accepted.
Property DescriptionlProposal
Address or General Location
Legal Description
Property Identification #,CPl.1`i #)
# of Acres
Curreat Zoning
BL,ock P&n.-,L. kr>;w Tezgge
23 ~ZL~ c oo3 g
e). 35 ,Ales.
P3
Type of Application
❑
Comprehensive Plan Amendment
a
Rezoning
C3
Major Subdivision
❑
Mawr Subdivision
❑
Planned Unit Development (PUD)
❑
PUD Amendment
❑ .
Conditional Use Permit
❑
Variance
❑
Code Appeal
X
Develop Review/Site Plan
❑
Wetland Alteration Permit
❑
Wetland Suffer Permit
❑
Floodplain Permit
M
other
$250
=0/acre; min 5250 max $1500
$250 + S250 deposit*
5200
Refer to rezoning fees
5350
R-1, R-2 375; all others $25O
R-1, R-2 5100 all others $250
SI00
$125/acre•, min S 125 max $750
R -i, R-2 $150; all others $200
R-1. R-2 S25; ail 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 atter consideration of the application is completed
Please complete the reverse side of this application.
05/14/99 15:41 M 612 784 3462 CITY OF HV/9003/005
City of Mounds View, MN Page 2
Development AeR ation
Present Use of Property
A Undeveloped/vacant o Single Fwnily Dwelling
G Duplex/Two Family Dwelling G Multi.family Dwelling
o Business/Commercial Establishment 0 Industrial Establishment
C) Other (explain)
Property Classification C Abstract A Terrens
Description of Proposal W C-2 S-Mut'r 6y-� CTF 4- Lt"J ' J NTAL
BY MY (OUR) SIGNATURE ON THIS APPLICATION, 11�RESY DECLARE THAT, TO THE BEST OF MY
KNOWLEDGE. THE INFORMATION PROVIDED IS 'TRUE AND ACCURATE.
Signature of Applicant
Narne of Applicant (typed/printed) -Mich a e
Sipature of Property Owner
Name ofproperty Owner (typed/printed) e `
Address of Owner
Phone Number of Owner fv Z 315 " 315 Z
*��w*r,w****s*»�r+e,.w*ee+a��►a��r*wM****�.******��**:**r***reg***»****�,r�r*w*�*****��**,w}�***�**+r****e
FOR OFFICE USE ONLY
Date of Submittal _ S ' a- 4 —0i °l
Assigned to:Date of Acceptance
60 -da Limit i20 -day Hadt
Planning Case No. y
Fm paid; Account #
Application j„' ab
Park Dedication:
Deposits:
Other: -
Total: -
N:\DAT?,\GROUP%CONiUE WOR.M=EVAPP. FOR
Check -4 Receipt #
------------
HILLVIEWL7945
7940 PARK n 79017901 N N 7900 PF V
ROAD
to
a
7895 N N 7890 7885 N N 7864 B6 N N
5 7867 7870 7869 7858
7852 w 7853
� 7851 7860 7865
7841 7850 7855 7846 g 7841
0 7840 7835 7840 7829
7817
7815 7790 7815 7800 7809
0 7805 7780 7801
)� 7809 7770 3 7801 7760 7797
7801 w 7751 7750 7777
7767 7760 � 7741 7740 7767
.7761 7750 7731 7730 7753
7755 7730 7721 7720
7745 7710 7711
7715 o cOo °0 u°0i u�i 7700 N
N N
R-2 .•" �'
nMCf20 � rnn�n
n n 0 m n n �n 2553
NNNN M NNNNN 2551 0 7695
Ln N 2549 Z
p 2547 7587
254
.�
?P 8-4 2545
2539
2537
I F
B-3 Nd.
�► h) N
7768
7931
7930
ON
t0
N
LO
N O
LO
ro
(O
CD
N
N
B-3 Nd.
�► h) N
7768
79'. 91
7909 79c
7905 790
7901
Ncc PF y00 e
7889 788 N N N N
7875 786E 7869 7860 7855
7861 7854 p 7857 785
7847 78 7845 784 784
7837 783 > 782
7833 783
7827 782 0
7815 781
7817
7801 780
7807
772117
770
CO
0
N N N
7641 765 7661
63 7639 764 7651
7835 76 0
762 _ p 7635 76
7645 0 7625 2 7641
762 p 7 761
m M ,�`� 76 59 759,7631
n n
G
_ 7581 758 7531
CO O O 7565 7564
7551 755 7521
N N N
7535 753j 7511
7521 752SC
7505 7504 7501
PF
CITY HALL
1�11
YQ
n mro mN O�n
i 1 04
5279h�O t �cNOON N <vi
�M5301
n �
N N N N2
RD O
f0
M M M M N
N N N N
M n r, T �
N N N N o
100 DR
5616 561S 561
5612 5612 561
5606 560 560
5600 5601 560
5562 5563 r5554
5556 555 W
5550 55510-
55445545
5538155391 1553
5532155,331 155.3
5526 552 v) 552
5520 5521 552
a,,
M
N
R-4
544:
535
531
53E
53,
53E
535
53:
53,
53:
53:
532
53'
531
53
52!
521
7
Zoning Map Planning Case 550-99
Applicant: PMJ Group, Inc (Mike Juaire)
Location: 2200 - 2214 Highway 10
7931
7930
79'. 91
7909 79c
7905 790
7901
Ncc PF y00 e
7889 788 N N N N
7875 786E 7869 7860 7855
7861 7854 p 7857 785
7847 78 7845 784 784
7837 783 > 782
7833 783
7827 782 0
7815 781
7817
7801 780
7807
772117
770
CO
0
N N N
7641 765 7661
63 7639 764 7651
7835 76 0
762 _ p 7635 76
7645 0 7625 2 7641
762 p 7 761
m M ,�`� 76 59 759,7631
n n
G
_ 7581 758 7531
CO O O 7565 7564
7551 755 7521
N N N
7535 753j 7511
7521 752SC
7505 7504 7501
PF
CITY HALL
1�11
YQ
n mro mN O�n
i 1 04
5279h�O t �cNOON N <vi
�M5301
n �
N N N N2
RD O
f0
M M M M N
N N N N
M n r, T �
N N N N o
100 DR
5616 561S 561
5612 5612 561
5606 560 560
5600 5601 560
5562 5563 r5554
5556 555 W
5550 55510-
55445545
5538155391 1553
5532155,331 155.3
5526 552 v) 552
5520 5521 552
a,,
M
N
R-4
544:
535
531
53E
53,
53E
535
53:
53,
53:
53:
532
53'
531
53
52!
521
7
Zoning Map Planning Case 550-99
Applicant: PMJ Group, Inc (Mike Juaire)
Location: 2200 - 2214 Highway 10
RESOLUTION NO. 5430
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A DEVELOPMENT REVIEW FOR A FOUR -UNIT
MULTIPLE FAMILY RESIDENTIAL DWELLING TO BE LOCATED AT
7623 - 7629 WOODLAWN DRIVE; PLANNING CASE NO. 555-99
WHEREAS, PMJ Group, represented by Mike Juaire, has requested City approval of a
development review for a four -unit multiple family residential structure to be located at 7623 -
7629 Woodlawn Drive, legally described as follows:
Lot 9, Block 1, Parkview Terrace
Ramsey County, Minnesota
WHEREAS, Chapter 1006 of the Mounds View Municipal Code requires that a
development review be conducted for all commercial and industrial development and residential
development where more than two dwelling units are being erected within the City; and,
WHEREAS, the Mounds View City Council has reviewed the following documents
regarding this proposal:
1. Planning Application
2. Zoning Map
3, Site, Landscape, Drainage, Parking Plans date-stamped 6/7/99
4. Elevations, date-stamped 6/7/99
5. Planning Commission Resolution 580-99,approved 6/2/99
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 and the City Engineer
have reviewed two alternate drainage plans, each of which has been deemed suitable for addressing
drainage considerations; and,
WHEREAS, the Mounds View City Council finds that the building elevations and
architectural design of the structure has been improved according to the requests of Staff and the
Planning Commission; and,
WHEREAS, the Mounds View Planning Commission has recommended to the City
Council approval of this development review subject to stipulations, most of which already
satisfied.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council
approves the development review for a four -unit multiple -family residential structure to be located
at 7623 - 7629 Woodlawn Drive, subject to the following stipulations:
Resolution 5430
Juaire Development Review
June 14, 1999
Page 2
The landscape plan shall be revised to include a row of plantings or decorative fencing
along the southwestern -most property line of Lot 9. Any plantings shall meet with the
approval of the City Forester to ensure compatibility with Mounds View soils.
2. 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
previously dedicated . A signed agreement to dedicate those areas will be acceptable in
the event document preparation is not completed prior to building permits being issued.
Those areas of the Woodlawn Terrace apartment complex encroaching upon the subject
property 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 16th day of June, 1999
Dan Coughlin, Mayor
ATTEST:
Charles S. Whiting, City Clerk / Administrator
SEAL
N:\DATA\CTROTJPS\COMDEV\DEVCASES\555-99\543OCC.RES
06-03-99 14:23 From -KENNEDY i GRAVEN
+6123379310
r
ORDINANCE NO. �—
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
T-295 P.04/20 F-153
10E
AN ORDINANCE TO ENACT A NEW CHAPTER OF THE MOUND
E THE PSL C
CODE OF ORDINANCES TO ADMINISTER
RIGHT OF WAY IN THE PUBLIC INTEREST, PTO ROVIDE FOR THE
ISSUANCE AND REGULATION OF RIGHT-OF-WAY
THE COUNCIL 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 and Intent
Manage the Public Rights -of -Way
910.02.
Election to
910.03.
Definitions
910.04.
910.05.
Administration Occupancy
Registration and Right -of -WAY
910.06.
Reeporting Obligations
gistration Information 910.07. R
910.05.
Permit Requirement
910.09.
Perrru 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.
Installation Requirements
910.15.
Inspection
910.19.
Work Done Without a Permit
910 i0.
Supplementary Notification
910.21.
Revocation of Permits
910.22.
Mapping Data
910.23.
Locauon of Faciliues
910.24.
Relocation of Facilities
910.25.
Pre -Excavation Facilities Location
910.26.
Damage to Othcr Facilities
910.27.
Right-of-WaY Vacation
Slit.16390'2
M11210-14
06-03-99 14:24 From -KENNEDY A GRAVEN +6123379310 T-295 P.05/20 F-153
910.28 Indemnification and Liability
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. It is intended to
complement the regulatory roles of state and federal agencies.
This chapter shall be intcrprctcd consistcntly with 1997 Session Laws, Chapter 123, substantially
codified in Minnesota Statutes, Sections 237.16, 237.162, 237.163, 237.79, 237.8 1, 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.
Rcferences 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-i4 2
06-03-99 14:24 From -KENNEDY Z 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 feet.
`-Construction Performance Bond" means any of the following forms of security provided at
permittee's option:
A. Individual project band;
B. C"h deposit
C. Security of a form listed or approved under Minn. Stat. Ser. 15.73, sub. 3;
D. Letter of Credit, in at form acceptable to the LOU
E. Self-insurance, in a form acceptable to the LGU
F. A blanket bond for projects within the city, or other form of construction bond,
for a time specified and in a form 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 department of public works of the city.
"Department inspector" means any prrson authorized by the director to carry out inspections
related to the provisions of this chapter.
"Director" means 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.
",-quipment" means any tangible asset used to install, repair, or maintain facilities in any
right -of -Way.
"Excavate" means to dig into or in any way remove or physically disturb or penetrate any
part of a right -of --way.
SJR -163902
MU210-14
05-03-99
14:25 From -KENNEDY i GRAVEN
+6123379310 T-295 P.O7/20 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 plate" shows projects adopted by the local govcrrimcni unit for
construction within the next five years.
-`High density corridor" means a designated portion of the public right-of-way within which
telecommunications nght-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.
"LocalRepresentative" means a local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to male decisions for that registrant
regarding 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 adequacy of right-of-way restoration; restoring work
inadequately performed after providing notice and the opportunity to correct the work; and
revolnng 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 )4inuesota 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 part 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
S1R-l63Ou2
MU21U-i4
06-03-99 14:25 From -KENNEDY E GRAVEN
+61233793.10 T-295 P.08/20 F-153
"Patch or Patching" mean -s 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 l►.ind, 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-year project plan.
-Pavement" arenas 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 a 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 a 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, caraway, bicycle large and public sidewalk in which the city has an interest, including
other dedicated rights-of-wdy 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. [(Nate: this definition does not
include other public grounds, which may be the subject of other city requirements.)]
"Right -of -Way Permit" means either 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 -163902
MU210-1i
06-03-99 14:26 From-KENNEDY i 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 under law, franchise, or ordinance to use the public right-of-w4y.
"Service or Utility Service" includes (1) those services provided by a. public utility 4S
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 dcAnrd in Minn. Statutes, Chapter 238; (4) natural gas or
electric energy or telecommunications services underovided Minnesor�nhe city; () services provded Stanttes5 Chapter 308A? and by
a cooperative electric association organs
(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 pavementrestoration.
included m the local government unit's
two-year plan, in which case it is considered
full "trench" means an excavation in the pavement, with the excavation having a length equal to
or greater than the width of the pavement.
*-Telecommunication 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, a cable communication system defined and regulated under
Minnesota Statutes, Chapter 238, and telecommunication activities related to providing
natural gas or electric etlergy services whether provided by 4 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 Statates, 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 ° names rspons bar le oothe
administration of the Rights-of--Way, Right-of-Way Permits, and the ords
The Director may delegate any or all of the duties hereunder.
910.05: REGISTRATION AND RIGHT-OF-WAY OCCUPANCY:
Subd. 1. Registration: Each Person who occupies, uses, or seeks to occupy or use, 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 applicatiort information and Paying
a registration fee. .
Slit. 163902
MU2 iu-14
06-03-99 14:26 From -KENNEDY i 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 lyse 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.
420.06: REGISTRATION INFORMATION:
Subd. 1. Information Required: The information provided to the Director at the 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 -mail address, if applicable, and telephone and facsimile numbers
Of a Local Representative. The Local Representative or designee shall be available at all
tirnes. Current information regarding how to contact the Local Representative in an
ElTnergeney shall be provided at the time of registration.
(c) A certificate of insurance or self-insurance:
(1) Verifying that an insurance policy has been issued to the Registrant by an
insurance company licensed to do busincss ire 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
SJR -163W-)
MU33o-14 �
From -KENNEDY i 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 ordor 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 -07: REPORTING OBLIGATIONS:
Subd. 1. Operations: Each Registrant shall, at the tirne 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 necessary to 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 submitted
to the City if the Registrant has used commercially reasonable efforts to anticipate and plan
for the project.
S1R-163902
MU210-1G
06-03-99 14:27 From -KENNEDY A GRAVEN +6123379310 T-295 P.12/20 F-153
910.08: PERMIT REQUIREMENT:
Subd. 1. Permit Required: Except as otherwise provided in this Code, no Person may Obstruct or
Excavate any Right -of -Way without first having obtained the appropriate Right -of -Way Permit
from the Director to do so.
(a) Excavation Permit: An Excavation Permit is required by a Registrant 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 -Way 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 rnay Excavate or Obstruct they Right -of -Way beyond the date 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 shall 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 at 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 actions taken by the City;
SAW63902
MU21a13 y
06-03-99 14:28
From -KENNEDY A GRAVEN
+6123379310 T -Z95 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.I 10% 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
necassaty to protect the Right -of -Way und 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 permit fees shall be designed to recover the City's actual costs
incurred in managing the right-of-way acid 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 Excavations Permit or Obstruction Permit shall be issued without
payment of Excavation or Obstruction Permit Fees- The City rosy allow Applicant to pay such
fees within thirty (30) days of billing.
Subd. S. Non refundable: P=mt fees that were paid for a 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 14:26 From -KENNEDY i GRAVEN +6123379310 T-295 P.14/20 F-153
Subd. I. Timing: The work to be done under the Excavation Permit, and the Patching and Restoration of
the Right -of -Way as required herein, must be completed within the dates specified in the permit,
increased by as many drys 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 backfiHing, 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, it 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) Degradation Fee in Lieu of Restoration: In lieu of right-of-way restoration, a right-of-w;4y 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 required, the City n1ay exercise its rights under the Construction
Performance Bond.
Subd. b. Degradation Fee in Lieu of Restoration: in lieu of Right -o# -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 jaimly apply for permits to Excavate or Obstruct the Right -
of -Way at the same place and time.
SJk-163902
14U210-14 11
14:29 From -KENNEDY A GRAVEN
+6123979310 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
Fee In order to obtain a joint permit, registrants must agree among themselves as to the portion
each will pay and indicate the same on their applications
Subd. 3. With City Projects: Registrants who join in a scheduled Obstruction or exe4vati0t1 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. I. Limimuon 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 Petmtttee 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 additional fess required thereby, and (h) be granted
at 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 doss not finish the work by the permit end
date, it mgst apply for a new periWt for the additional time it needs, and receive the new permit 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 conformance 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 clone when seasonally prohibited or when conditions are
unreasonable for such work.
Subd. 3. interference with Right -of -Way. A Permittee shall nor so Obstruct a Right -of -Way that the
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.
S1R-163403
MU210-14 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
t requirements and conditions of this Chapter or if the Director determines that the denial is necessary to
protect the health, safety, and welfare or when necessary to protect the Right -of -Way srid its current use.
C1 `a
910.17: INSTALLATION REQUIREMENTS: The excavation, backfilling, Patching and
Restoration, and all other work performed in the Right -of -Way shall be done in conformance with
applicable Minnesota Rules 7819.1100 and other a local e
pple 1 al r quuements, 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 shah 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
as>ociated 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 Emergency.
Subd. 2. Non -Emergency Situations: Except in an Emergency, any Person who, without first having
obtained the necessary permit, Obstructs or Excavates a Right -of -Way must subsequently obtain a
permit, and as a penalty pay double the normal fee for said permit, pay double all the other fees
-slit-163M
MU210.14 13
14:30 From -KENNEDY i GRAVEN
— --- w 4n /nn C-1 C7
+6123379310 T-295 P.17/20 F-153
required by the Legislative Code, deposit with the Director the fees necessary to correct any
damage to the Right -of -Way and comply with all of the requirements of this Chapter.
910.20: SUPPLEMENTARY NOTIFICATION: If the Obstruction or Excavation of the Right -
of -Way begins later or ends sooner than the date given on the permit, permittee shall notify the Director
of the accurate information as soon as this information is known.
910.21: REVOCATION OF PERMITS:
Subd. I. Substantial Breach: The City reserves its right, as provided herein, to revoke any Right -of --Way
Permit, without a fee refund, if there is a substantial breach of the terms and conditions of any
statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach
by.Permittee shall include, but shall not be limited to, the following:
(a) The violation of any material provision of the Right -of -Way Permit;
(b) An evasion or attempt to evade any material provision of the Right -of -Way Permit, or the
Perpetration or aitempi to perpetrate any fraud or deceit upon the City or itz cidzcn>;
(c) Any material misrepresentation of fact in the application for a Right -of -Way Permit;
(a) The failure to complete the work in a timely manner; unless a permit extension i, obtained or
unless the failure to complete work is due to reasons beyond the Permiuee's control; or
(e) The failure to correct, in a timely manner, work that does not conform To a condition indicated
on an Order issued pursuant to Section
Subd. 2. Written Notice of Breach: If the Director determines that the Permittee has committed a
substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition
of the permit the Director shall make a written demand upon the Permittee to remedy such
violation. The deamd shall state that continued violations may be cause for revocation of the
permit. A substantial breach, as stated above, will allow the Director, at his or her discretion, to
place additional or revised conditions on t11e permit to mitigate and remedy the breach.
Subd. 3. Response to Notice of Breach: Within twenty-four (24) hours of receiving notification of The
breach, Permittee shall provide the Director with a plan, acceptable to the Director, Thar will cure
the breach. Permittee's failure to so contact The Director, or the Permittee's failure to submit an
acceptable plan, or Permittee's failure to reasonably implement the approved plan, shall be cause
for immediate revocation of the permit. Further. Permittee's failure to so contact the Director, or
the Per Tutee's failure To submit an acceptable plan, or Perminee's failure to reasonably implement
the approved plan, shall wtomatically place the permittee on Probation for one (1) year.
Subd. 4. Cause for Probation: From time to time, the Director may establish a list of conditions of the
permit, which if breached will automatically place the Permrttee on Probation for one full year,
such as, but not limited to, working out of the allotted time period or working on Right -of Way
grossly outside of the permit authorization.
SJR -163902
MU210-14 14
06-03-99 14:30 From-KENNEDY i GRAVEN +6123379310 T-295 P.16/20 F-153
Subd. 5. Automatic Revocation: If a Permittee, while on Probation, commits a breach as outlined above,
Permittee's permit will automatically be revoked and Permittee will not be allowed further permits.
for one year, except for Emergency repairs.
Subd. 6. Reimbursement of City Costs: if a permit is revolved, the permittee shall also reimburse the City for
City's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys'
fees incurred in connection with such revocation.
910.22. MAPPING DATA:
Subd. 1. Information Required: Each Registrant and Permittee shall provide Mapping information
required by the Director in accordance with Minnesota Rules 7819.4000 and 7819.4100.
910.23: LOCATION AND RELOCATION OF FACILITIES:
Subd. 1. Location, placement and relocation of facilities must comply with the Act, with other applicable
law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5 100, to the extent the rules do
not limit authority otherwise available to cities.
Subd. 2. Corridors: The Director may assip specific corridors within the Right -of -Way, or any
panicular segment thereof as may be necessary, for each type of Facilities that is or, pursuant to
carrent technology, the Director expects will someday be located within the Right -of -Way. All
excavation, obstruction, or other permits issued by the Director involving the installation or
replacement of Facilities shall designate the proper corridor for the Facilities at issue.
Any Registrant who has Facilities in the Right -of -Way in a position at variance with the corridors
established by the Director shall, no later than at the time of the next reconstruction or excavation
of the area where the Facilities are located, move the Facilities to the assigned position within the
Righr-of-Way, unless this requirement is waived by the Director for good cause shown, upon
consideration of such factors as the remaining economic life of the Facilities, public safety,
customer Service needs and hardship to the Registrant.
Subd. 3, Nuisance: One year after the passage of this Chapter, any Facilities found in a Right -of -Way
:that have not been Registered shall be deemed to be a nuisance. The City may exercise any
remedies or tights it has at law or in equity, including, but not limited to, abating the nuisance or
taking possession of the Facilities and restoring the Right -of -Way to a useable condition.
Subd. 4. Limitation of Space: To protect health, safety, and welfare or when necessary to protect the
Right -of -Way and its current use, The Director shall have the power to prohibit or limit the
placement of new or additional Facilities within the Right -of -Way. In making such decisions. the
Director shall strive to the extent possible to accommodate all existing and potential users of the
Right-of-way, but shall be guided primarily by considerations of the public interest, the public's
needs for the particular Utility Service, the condition of the Right -of -Way, the time of year with
respect to essential utilities, the protection of existing Facilities in the Right -o# -Way, and future
City plans for public improvements and development projects which have been determined to be
in the public interest.
910.24: PRE -EXCAVATION FACILITY AND FACILITIES LOCATION: In addition to
complying with the requiretnents of Minn. Stat. 2161).01-.09 ("One Call Excavation Notice System")
SJR -163902
MU310-44 is
08 -as 14:31 From -KENNEDY d GRAVEN +6123379310 T-295 P.19/20 F-153
Wore the start date of any Right -of -Way excavation, each Registrant who has Facilities or Equipment in
r" the area to be excavatcd shall mark the honzontai and approximate vertical placement sof all said
Facilities. Any Registrant whose Facilities is less than twenty (20) inches below a concrete or asphalt
surface shall notify and work closely with the excavation contractor to establish the exact location of its
Facilities and the best procedure for excavation.
910.25: DAMAGE TO OTHER FACILITIES: When the Director does work in the Right -of -
Way and finds it necessary to maintain, support, or move a Registrant's Facilities to protect it, the
Director shall notify the Local Representative as early as 1s reasonably possible and placed as required.
The costs associated therewith will be billed to that Registrant and must be paid within thirty (30) days
from the date of billing. Each Registrant shall be responsible for the cost of repairing any Facilities in the
Right -of --Way, which it or its Facilities damages. Each Registrant shall he responsible for the cost of
repairing any damage to the Facilities of another Registrani caused during the City's response to an
Emergency occasioned by that Registrant's Facilities.
910.26: RIGHT-OF-WAY VACATION: If the City vacates a Right -of -Way, which contains the
Facilities of a Regismint, the registrant's rights in the vacared right -of --way are governed by Minnesota
Rule 7819.3200.
910.27: INDEMNIFICATION AND LIABILITY: By registering with the Director, or by
accepting a permit under this Chapter, a Registrant or Permittee agrees to defend and indemnify the city
in accordance with the provisions of Minnesota Rule 7519.1250.
910.25: ABANDONED AND UNUSABLE FACILITIES:
Subd. 1. Discontinued Operations: A Registrant who has determined to discontinue 411 or a portion of its
operations in the City must either:
(a) Provide information satisfactory to the Director that the Registrant's obligations for its
Facilities in the Right -of -Way under this Chapter have been lawfully assumed by another
Registrant; or
Subd. 2. Removal: Any Registrant who has abandoned Facilities in any Right -of -Way shall remove it
from that Right -of -Way if required in conjunction with other right-of-way repair, excavation, or
construction, unless this requirement is waived by the Director.
910.29: APPEAL: A Right -of -Way user that: (1) has been denied registration; (2) has been denied
a permit; (3) has had permit revoked; or (4) believes that the fees imposed are invalid, may have the
denial, revocation, or fee imposition reviewed, upon written request, by the City Council. The City
Council shall act on 4 timely written request at its next regularly scheduled meeting. A decision by the
City Council affuming the denial, revocation, or fee imposition will be writing and supporred by written
findings establishing the reasonableness of the decision.
910.30: RESERVATION OF REGULATORY AND POLICE POWERS: A Permittee's or
Registrant's rights are subject to the regulatory and police powers of the City to adopt and enforce
general ordinances necessary to protect the health, safety and welfare of the public.
910.31: SEVERABILITY: If any portion of this chapter is for any reason held invalid by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
SJR -16390.
MU210.14 16
06-03-99 14:32 From -KENNEDY A GRAVEN +6123379310 T-295 P.20/20 F-153
and such holding shall not affect the validity of the remaining portions thereof. Nothing in this Chapter
precludes the City from requiring a franchise ;agreement with the Applicant, as allowed by law, in
addition to requirements set forth herein.
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.
Data Coughlin, Mayor
Charles S. Whiting, City Clerk/AdminixtraEor
APPROVED AS TO FORM:
Robert C. Long, City Attorney
SIR -163902
MU2111-14 17
RESOLUTION NO. 5343
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION REQUESTING EXTENSION OF THE DUE DATE TO DECEMBER 31,
1999 FOR REVIEW OF THE CITY OF MOUNDS VIEW COMPREHENSIVE PLAN
FOR CONSISTENCY WITH AMENDED METROPOLITAN COUNCIL POLICY
PLANS
WHEREAS, state statutes (Minn. Stat. 473.175-473.871 (1996) requires that cities review and revise
their comprehensive plans for consistency with Metropolitan Council policy plans; and
WHEREAS, the Metropolitan Council has amended its policy plans; and has provided system statements
outlining Council policy relative to the city; and
WHEREAS, the City of Mounds View is required to review its comprehensive plan for consistency with
the amended policy plans and to prepare a revised comprehensive plan for submission to the Metropolitan
Council by December 31,1998; and
WHEREAS, the City adopted Resolution No. 5278 on November 9, 1998 requesting that the
Metropolitan Council grant an extension to June 30, 1999, to complete its comprehensive plan; circulate
the revised document to adjacent governmental units and affected school districts for review and
comment; and, following approval by the planning commission and after consideration by the City
Council, submit the plan to the Metropolitan Council for review.
WHEREAS, the City of Mounds View has scheduled and budgeted to complete a major review and
update of its comprehensive plan by December 31, 1999; and has proceeded diligently to complete its
comprehensive plan for Metropolitan Council review:
NOW, THEREFORE, BE IT RESOLVED, that the City of Mounds View requests that the
Metropolitan Council grant the City of Mounds View an extension to December 31, 1999, to complete its
comprehensive plan; circulate the revised document to the adjacent governmental units and affected
school districts for review and comment; and, following approval by the Planning Commission and after
consideration by the City Council, submit the plan to the Metropolitan Council for review.
The motion for adoption of the foregoing resolution was introduced by Council Member seconded by
Council Member , and upon a vote being taken thereon, the following voted in favor thereof:
Council Members and the following voted against the same:
WHEREUPON said resolution was declared duly passed and adopted this 14th Day of June, 1999.
Dan Coughlin, Mayor
Charles S. Whiting, City Clerk/Administrator
Date: 06/11/1999 Time: 15:02:13 City of Mounds
View
Operator: Marge Norquist Page: 1
FM Entry - Invoice - Check Register
es:
Bank #:
(A)
Check Date:
(A)
Check #:
(L)
13464, 13465, 13466,
13467, 13468, 13469
Options: Check
# Sort Only:
N
Format: 1
# of
copies: 1
Bank # Check Date
Vendor #
Vendor Name
Check #
----------
Type
---- ------------------
Amount
------ ----------
1 05/24/1999
--------------------
A8200
------------------------------
The Associates
13464
R
1,693.82
05/24/1999
E1505
Easy Shade Tree Movers
13465
R
4,340.00
05/24/1999
E5030
Elegant Thymes Catering
13466
R
1,921.02
05/24/1999
M7470
MGCSA
13467
R
80.00
05/27/1999
N5820
North Suburban Cable Commissio
13468
R
16,605.80
05/27/1999
80721
Diane Wuori
13469
R
48.25
Total Regular: 24,688.89
Total Manual: .00
Total Regular & Manual: 24,688.89
Total Voided: .00
Bank Total: 24,688.89
Grand Total: 24,688.89