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HomeMy WebLinkAboutAgenda Packets - 1999/05/10 CITY OF MOUNDS VIEW COUNCIL AGENDA f MONDAY,May 10, 1999 7:00 PM 1. CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney, Quick, Thomason 3. APPROVAL OF MINUTES A. Monday, April 26, 1999 City Council Meeting Minutes B. Monday, May 3, 1999 City Council Meeting Minutes 4. SPECIAL ORDER OF BUSINESS 5. REPORTS 6. CONSENT AGENDA A. Approve Just and Correct Claims ,(i B. Set Public Hearing Dates regarding proposed street assessment and construction r policies for June 14 and 28. C. Resolution 5336 Approving the Hiring of an Administrative Assistant D. Resolution 5338 Acknowledging Receipt of Council/Staff Retreat report j E. Gasoline License for Gas n' Splash-2525 Highway 10 W F. Contractor Licenses for Approval 7. UNFINISHED BUSINESS 8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. 9. COUNCIL BUSINESS A. Second Reading and Adoption of Ordinance 629, an Ordinance Amending Chapter 401 of the Mounds View Municipal Code Pertaining to the Planning = 1 And Zoning Commission 1 11 1 B. Presentation of the 1998 Audit Report 0 C. Resolution 5337 Setting 2000 Budget Schedule D. Resolution 5339 Accepting the public improvements at the theater project U:\CARTS\TRACYS\SHAREW GENDAS\5-10-99.CC 'll 10. Next Council Work Session: Monday, June 7, 1999, 6:00 PM Next Council Meeting: Monday, May 24, 1999 7:00 PM 11. Adjournment k i III U:\CARIS\TRACYS\SHARE\AGENDAS\5-10-99 CC t ill May 6, 1999 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: May 10, 1999 City Council Meeting We have some straight forward business items on the agenda for Monday evening. Here's what we have: Consent Agenda: Item 6B - Setting Public Hearing Dates for Streets Policies: June 14 and 28 are the hearing dates. There really is no other times to set something if the Council wishes to have a discussion on the policies prior to the public hearings. I have asked Mike to take the policies and determine which existing policies,procedures, ordinances, resolutions and so forth need to be changed and to be ready to discuss this with the Council June 7. We will also pass along the streets improvements plan and cash flow projections for your discussion that night. Item 6C -Hiring of Administrative Assistant: As Cari noted at the work session, our choices have been narrowed. Joan Babekuhl is the candidate selected. She is #2 from last week's memo L. and will start at the entry level pay range May 24 with Council approval. Item 6D -Resolution Receiving Neu Report: As I mentioned at the work session, the purpose of this resolution is for the Council to acknowledge to the community that it met in retreat and discussed city issues. It is not an acceptance of the goals determined in the report. Council can do that some other time if it would like. Council Business: Item 9A- Ordinance 629 Second Reading: Council has reviewed this item a couple of times so far. Approval of the second reading sends it to the paper for publishing, and after 60 days it becomes ordinance. Item 9B - 1998 Audit Report: Bruce Kessel and Mary Tatarek will be present along with our auditors to review the 1998 audit. This is the Council's opportunity to fully assess the fiscal health and condition of the city and ask questions. Keep your audit after this for reference during the budget discussions. Areas to pay attention to include fund balances for all funds,particularly where trends are evident. Item 9C - Resolution Setting 2000 Budget Schedule: The resolution schedule is self explanatory. Item 9D - Resolution Accepting Public Improvements at the Theater Site: As part of the development agreement with the theater, the public improvements on the site must be approved by the city. Rick Jopke's memo outlines the status of those public improvements and some Ill options for the city to consider. I would suggest taking an action that does allow the theater to open at its scheduled time,preferably an option that penalizes the development for costs related to meeting conditions required. I expect they have every intention of meeting the requirements and may even do so prior to their May 18 opening. Because the council does not meet again until after this date, issuing approval now should be contingent upon the developer following through. Not giving this approval may or may not create problems depending if the city were to use this to prevent them from opening. Staff will be checking into that as well. iThat's it for the agenda. We may have a report for the Council regarding the airport legislation. For those of you who have listened to your voice mail, there should be two messages that lay out `! , the status of this issue. The mayor and I are to meet with Novak this week yet, and Bob Long , i1 has arranged a meeting with the governor's office for Monday. 11 No other real issue is hot right now. Cari and I will be at the managers conference Wednesday through Friday next week, and I have a commitment out of the office on Tuesday. With no meeting scheduled for the following Monday, a little break is welcome. Have a good weekend and see you on Monday. i9f 7 ail 1 I t;,I CITY OF MOUNDS VIEW MEETING MINUTES MONDAY,APRIL 26, 1999 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Quick, Stigney, Thomason. NOT PRESENT: None. 3. APPROVAL OF MINUTES, MONDAY,APRIL 12, 1999 CITY COUNCIL MINUTES Mayor Coughlin commented that he is pleased with the status of the meeting minutes,thanking the new recording secretary. He requested a correction on Page 3, fourth paragraph,to change the word"Mr."to "Ms." Council Member Marty requested clarification of the statement on Page 4, second paragraph, regarding the well testing. City Administrator Whiting explained the well testing at 29 parts per billion referenced the report in the Star Tribune and the test at 14 parts per billion was the test the City took internally. Council Member Marty agreed with his suggestion that reference to the 29 parts per billion test be stricken or attributed to the newspaper article. MOTION/SECOND: Stigney/Marty. To accept the April 12, 1999 City Council minutes as corrected. Ayes - 5. Nays-O. Motion carried. 4. SPECIAL ORDER OF BUSINESS None. 5. REPORTS Mayor Coughlin reported that in the past two weeks he had the opportunity to have dinner with Speaker of the House of Representatives Steve Sviggum and State Representative Barbara Haake. In that meeting, they talked about a variety of things but the most germane to City business was Speaker Sviggum's question on whether there was anything he could do on behalf of Mounds View that would help. Mayor Coughlin stated he asked Speaker Sviggum to support 1 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR the airport legislation currently being considered by the House and Senate. He advised that Speaker Sviggum gave an endorsement of that afterward. Mayor Coughlin explained that since he was meeting with Speaker Sviggum and Representative Haake, Acting Mayor Stigney filled in for him at the North Metro Mayors Association meeting that evening. Mayor Coughlin extended his appreciation to him for acting in that capacity. Mayor Coughlin reported that this past Thursday, he and Council Member Thomason attended the Ramsey County League of Local Governments meeting and met with Ramsey County Commissioners in a round table discussion. At that meeting,the Commissioners presented reports on what they were involved in with this session and fielded questions on property tax rates since most constituents saw their property values increase. He reported that concern was also presented that St. Paul not be left out if the State moves forward with their commuter rail plan. Mayor Coughlin noted the informational packet from the Ramsey County Commissioners. Council Member Marty reported he and Planning Associate Ericson attended a community meeting at Onan concerning their expansion. He explained the informational meeting was for Mounds View and Fridley residents about Onan's 400,000 square foot warehouse which is under construction. He stated that the impacted Mounds View residents are on the western side, north of County Road H. Onan cleared trees up to their property line which raised concern since it changed the view from a wooded area. Council Member Marty stated the meeting was not structured with a presentation but Onan had placards displayed with people standing at each to describe the project. He stated they met with Scott Hickok, City of Fridley, who expressed his interest to try to do what they could to work with their community and Mounds View. Council Member Marty advised they talked with representatives about moving the road running north of County Road H along the property line farther to the west between the two settlement ponds which will be created to handle drainage. However, due to the location of the sewage metering site and a few other technicalities, moving that driveway would not be feasible. He stated they also talked about creating a berm on the eastern side of their property. They indicated they were willing to look into it with the understanding that some of the yard areas may be lost. Council Member Marty reported that Onan representatives have indicated their willingness to look into options as did the City of Fridley. He advised the master plan for Onan is to build another building north of the warehouse they are currently constructing which would wipe out most of the remaining trees along the resident's property to the north. He stated they did suggest Onan plant evergreen trees along the boundary so the trees are in place for this and future projects. He suggested that staff follow up on that discussion. 2 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR i it Council Member Marty reported the residents on the south side of County Road H are concerned about increased truck traffic. He advised that residents were told Onan would try to route all of their truck traffic northerly on County Road H. He explained that a representative of Onan then stated that their truck traffic was routed on Old Central and Highway 65 but that was not earlier relayed to the residents at the meeting. Council Member Marty stated the truck traffic on County Road H2 has been a discussion matter and Onan did indicate during the meeting that they routed their traffic to County Road H2, making 150 trips per day from the warehouse to the plant. He suggested the City keep "tabs" on this to determine if truck traffic has increased on County Road H2. Council Member Quick had no report. Council Member Thomason stated she attended the Ramsey County League meeting and found it interesting to meet all the Ramsey County Commissioners who informed of their particular forte 5 and district, and what they were working on at the State level. She reported the primary concern was taxes. Council Member Thomason stated she also attended an Economic Development Commission meeting. She reported they are working on the Comprehensive Plan and will be doing so for several meetings until they "hammer" something out. Council Member Stigney reported that he represented Mounds View at the meeting of the North Metro Mayors Association on April 14, 1999. He reported that Elwyn Tinklenberg, the new Minnesota Transit and Transportation Commissioner, gave a presentation on the direction he would like to see for light rail as a transit option. Council Member Stigney stated the Association is also pushing to abolish levy limits. He stated that he has his own views on these issues but this Association supports light rail and abolishing levy limits. Council Member Stigney also commented on the Governor's MTC tour of the "bottleneck" locations which, at the time of the tour, were not congested. Council Member Stigney updated the Council on the recommendations from the recent Planning Commission meeting. City Administrator Whiting reported on the meeting he attended at the Anoka County Airport to discuss methods to get to know the pilots better to resolve problems. He stated they will be meeting with the Metropolitan Airports Commission(MAC) to discuss sound abatement issues. Mayor Coughlin reported he also attended a meeting with representatives from the YMCA, Pinewood Elementary School, School District staff, and representatives of the manufactured home parks to discuss plans to have on-site programs for kids in manufactured home parks since they may not have the ability to be driven to the Community Center. 3 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR City Attorney Long reported he is getting ready for House and Senate consideration of the airport bill and to assure everyone's support. He stated this will be addressed in the next three weeks. 6. CONSENT AGENDA i A. Approve Just and Correct Claims 5 i B. Temporary Liquor License/Festival In the Park Committee C. Contractor Licenses for Approval i Mayor Coughlin asked the Council if anyone would like to remove items for discussion. MOTION/SECOND: Marty/Thomason. To approve the Consent Agenda for items A, B and C, as listed above. Ayes - 5. Nays-O. Motion carried. 7. UNFINISHED BUSINESS A. Update on Onan Project in Fridley Mayor Coughlin reviewed that residents appeared before the Council at the April 12 meeting expressing concern over Onan's expansion plans in Fridley. 14Planning Associate Ericson stated that Council Member Marty did a wonderful job describing the informational meeting at Onan. He added that the Onan representatives made it clear that they will try to keep their trucks off County Roads H and H2 and mentioned if Fridley designated routes they would try to abide by those routes. Planning Associate Ericson stated it has been his impression that Onan does attempt to keep truck traffic off County Roads H and H2 but Mounds i1 View staff can address that issue with Fridley staff as well as the opportunity for a berm. i.I' i, Mayor Coughlin stated the important thing is that the City's staff will be working with Onan and Fridley staff Council Member Marty thanked Planning Associate Ericson for this attendance at this important meeting. 8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR David Jahnke, 8428 Eastwood Road stated he had a discussion with the gentleman who runs the golf course but he is unable to get a clear answer if the golf course pays its bills with no resident contribution. He asked if the golf course is self supporting and able to pay off the bonds. i 4 U:\CARIS\COUNCIL\MINUTES\MVCC26.APRId t,' i � i 1 Mayor Coughlin stated that is correct and all he has seen in documentation and verbal comments made indicate the golf course is self sufficient. He noted that there is a potential, if the weather was very bad, that it could change that situation but with past history the golf course is meeting i, and exceeding its requirements under its separate budget and it has,to this date, paid off the bonds. Mr. Jahnke asked how the pickup will be funded. Mayor Coughlin stated it is scheduled in the golf course equipment budget. Council Member Marty stated that with the escalating bond debt, the golf course will be very close as far as covering expenses for several years which is the reason the billboard project is being considered, to gain a bit of"cushion." Dick Hanson, Realife Cooperative Developers, stated the Realife Cooperative is totally sold out, will introduce 65 new residents to Mounds View, and this has been a very good project. He stated they have cash to close on May 3, 1999, but the Development Agreement has a error that the lender and HUD will not accept. Mr. Hanson asked the Council to consider their request to correct this error. Cindy Davis,representing Realife Cooperative, explained that there was an underlying :, Development Agreement defining the improvements as primarily infrastructure and the first amendment that was entered into substituted the Co-Op for Silverview Estates and pertained to only one parcel. She explained HUD has indicated they must have clarification that this Development Agreement pertains only to the senior housing element, not to the gas station or office buildings. She explained they are asking for an amendment to state they will be developing a 74-unit senior cooperative housing project and that will be the definition for the improvements for the PUD. Ms. Davis also requested the deletion of Paragraph 202 relating to obtaining the permits that were pertinent for the infrastructure development and to eliminate the financial guarantee for the infrastructure improvements, performance bond, the maintenance bond, and park land dedication fee. She noted all those items have been performed by Silverview Estates so eliminating that reference would not result in relinquishing those requirements. Ms. Davis advised that without these clarifications, HUD will refuse to fund the loan. Planning Associate Ericson stated that he received a fax requesting this second amendment to the Development Agreement for Silverview Estates which he forwarded to the City's legal team. He reported they reviewed the Agreement and expressed serious misgivings on the requested amendment. Planning Associate Ericson explained that HUD has requirements that may not be in sync with what the City has already required and included in the Development Agreement. He stated he does not think the City would want a separate Development Agreement for this single parcel. He stated that some requirements have been met so he does not understand why there is a 5 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR need to change the Development Agreement. He suggested staff work with the developers and HUD to address their request and see if HUD can be comfortable with the language. Planning Associate Ericson recapped that the Development Agreement addresses this project as one entity, not separately. He stated that the City's legal team is reviewing these documents and suggested that the Council address their recommendation at the next meeting. Mayor Coughlin stated that he does not want to see this project lost but, since the City Attorney has expressed reservations, he would be inclined to have it considered by the May 3 Council Work Session meeting if the developers can provide needed information to staff and City ;` Attorney. He stated that he would not object to calling a special meeting during the work session so the developer's closing deadline can remain on schedule. Marcel Ebensteiner, Principle of Silverview Estates, stated that everything is completed in the Development Agreement and they thought the$113,000 letter of credit was in place, but it has expired. He stated that he is willing to renew the letter of credit to be able to close and then work with staff to reduce that letter of credit. The Council indicated their agreement to call a special meeting, if needed. Julie Olson, 2663 Lake Court Circle, asked why, since there is no litigation on the Building "N" project,the sessions are closed which prevents public attendance. She asked what portions of the contract negotiations are going through Council versus the EDA. City Attorney Long explained the EDA was threatened with a law suit by the developers a week ago and received the cover page of a summons of complaint. Thus,the recommendation for a closed session so the Council can understand the claims being brought against them. He advised that the EDA will either approve or not approve of the proposed changes. .41 Ms. Olson asked if it is only the TIF that correlates to the EDA. City Attorney Long explained the Development Agreement is what is being challenged by the developer and the related issue of site plans was acted on by the Council at the end of last year. He stated the EDA only deals with the TIF portion and size issues. With regard to the discussion about the golf course, Ms. Olson asked if, since its beginning, a portion is still not coming from the General Fund. City Administrator Whiting stated there was an interfund loan transfer contemplated and set aside from the Water Fund but it was never actually made or accessed. He stated that it would make sense that the golf course should be self supporting and apologized for staff's assumption that all knew of that. 6 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR ;I i Ms. Olson asked where the funding is coming from for the revenue bonds where the interest is all that's been paid. City Administrator Whiting stated he is unable to answer that question but has i 3, a schedule that contains that information. He explained that in predicting cash flows through the period of the bonds, it was felt there would be enough to pay off the bonds. City Administrator Whiting explained that one of the ongoing concerns is whether there are enough funds and what happens if something goes wrong. That resulted in discussion if something should be done to enhance the golf course, which may include additional debt. He stated that this is something contemplated but not yet discussed fully by the City Council. Ms. Olson requested fiscal documentation on the golf course. She noted they are general obligation bonds which could become a potential liability for residents to pay off. She requested clarification if they are general obligation bonds or revenue bonds and if there would be any obligation against the residents. City Administrator Whiting advised that the audit report, including the golf course, will be discussed at the work session next week and at the regular Council meeting the week after. He stated the City's obligation will be to pay off the bonds and the golf course is an extension of the City so the City would be responsible for any shortfalls should that occur. Ms. Olson asked if the separate underlying debt for the golf cart expenditures and payments are . also coming from golf course revenue. City Administrator Whiting stated that all golf course expenses are paid by the golf course. Ms. Olson asked about the approximate bond payment per year and requested that information. City Administrator Whiting stated that it will be included in the audit report. There were no other requests or comments from the floor. 9. COUNCIL BUSINESS A. Public Hearing 7:05 -For the Introduction and First Reading of Ordinance 629 an Ordinance Amending Chapter 401 of the Mounds View Municipal Code Pertaining to the Planning and Zoning Commission Mayor Coughlin closed the regular meeting and opened the public hearing at 7:48 P.M. Hearing no public comments, Mayor Coughlin closed the public hearing and reopened the regular meeting at 7:48 P.M. MOTION/SECOND: Thomason/Stigney. To introduce and approve first reading of Ordinance 629, an Ordinance Amending Chapter 401 of the Mounds View Municipal Code Relating to the Planning and Zoning Commission of Mounds View, Special Planning Case SP-069,99, and to schedule second reading of the Ordinance for the May 10, 1999 regular Council meeting. 7 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR li Ayes - 4. Nays - 1 (Quick). Motion carried. B. Public Hearing 7:10 - For the Consideration of Resolution 5297 to Consider a Conditional Use Permit for a Residential Dog Kennel at 2841 Bronson Drive, Requested by Andrea MacRannolds Mayor Coughlin closed the regular meeting and opened the public hearing at 7:49 P.M. Andrea MacRannolds, 2841 Bronson Drive, stated that she thinks enough petty attacks have occurred. She noted the misleading comments made about the petition she submitted that il contained the signatures of 30. She stated that two signatures were at the same address but that was from a duplex on Silver Lake Road. Ms. MacRannolds agreed that four were without an t i address, but the weather was cold and windy, so they signed without adding their house number. She stated her concern with Mr. Johnson that over the last several years many have attested that Mr. Johnson has made numerous complaints about several neighbors, dogs barking, and he has no tolerance. Ms. MacRannolds stated that Mr. Billington is a neighbor who has large concrete block building 3.5 feet from her property line and if her dog doesn't bark he claps his hands to make them bark. Mayor Coughlin clarified that this public hearing is about her request for a dog kennel permit, not about her neighbors. He requested she keep her comments to why she is requesting this particular permit. Ms. MacRannolds explained that Mr. Billings said her dog barks but, actually, he claps his hands and then they bark. She stated there are four to five residents with petty complaints and a history of doing so, and she has 30 or 31 people petitioning for her support. She requested an extension of 30 days so Mr. Ericson has time to check her house so she does not have to put her dog to sleep. 4 Wally Billington, 7560 Groveland Road, stated that there are barking dogs at early morning hours or any time he walks in the yard. He stated his opinion that four dogs, three very large, are not good for the City and he does not support it. LIQ Gerald Sullivan, 2832 Bronson Drive, stated he has never made a complaint about the property or dogs but he supports denial because four dogs in a city neighborhood is too many dogs. Phil Johnson, 7474 Groveland Road, stated he circulated a petition since many did not have an opportunity to see the one circulated by the applicant and many expressed concern about walking by this home and their kids being attacked. He stated his concern is with barking dogs since it is like a kennel. Mr. Johnson advised that his adjacent neighbor complains of the smell and a • residential neighborhood is no place for four dogs. 8 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR Ii Rick Wyatt, 7515 Knollwood Drive, stated he has never had a complaint with the applicant but has to listen to the Rottweiler barking if his wife sits on the back deck, or if they walk in the backI yard. He stated he yells loudly at the dog and it walks away but his wife does not do that and she shouldn't have to. He advised the Great Dane can look over the fence and the applicant's back yard is not that large considering it contains a deck and pool along with the dogs. Mr. Wyatt stated that it is not right for the dogs or neighborhood. David Porter, applicant's son, requested that his last name be corrected in the Planning Commission meeting minutes where it incorrectly is reflected as "MacRannolds." He advised of the height of the fence, lowest and highest, and the height of the dogs. Mr. Porter stated they will work to clean the back yard to address the complaint of smell. There being no further comments, Mayor Coughlin close the public hearing at 7:58 P.M. and reopened the regular meeting. Mayor Coughlin noted the petition supporting denial which was submitted and signed by 33 signatures. Council Member Thomason asked if the petitioner did submit the required number of signatures to support her request. Mr. Ericson stated the petition did not contain the required number of signatures. He stated that he sent a letter to the applicant advising her of that issue after the 4 Planning Commission meeting and staff has not received additional signatures to add to the ti petition. i li Mayor Coughlin noted the staff and Planning Commission recommendations for denial. : 'il i Council Member Stigney stated there was a lot of public input received at the Planning Commission meeting and the neighborhood has spoken strongly in support of denial. He commented he hopes some consideration is given to provide a reasonable time period for the applicant to comply. MOTION/SECOND: Stigney/Coughlin. To adopt Resolution 5297, a Resolution Denying a Conditional Use Permit for a Residential Dog Kennel for Andrea MacRannolds, 2841 Bronson Drive; Mounds View Planning Case No. 547-99, based on public input received at the Planning Commission and lack of required signatures. Planning Associate Ericson noted the proposed resolution requires two dogs to be removed within one week of adoption or the Animal Control Officer will do so at the applicant's expense. He stated the Council can reconsider the one week time restriction if they feel that is appropriate. Council Member Stigney asked the residents if they would support an extension to 30 days. 9 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR Patricia Johnson, 7474 Groveland Road, asked how this is followed up on to assure compliance. Planning Associate Ericson stated if the City indicates two dogs must be removed within one week,the Community Service Officer would inspect the property to assure that is the case. If the residents were to notice more than two dogs on the property,they should so notify City staff. Council Member Marty stated that he is a dog owner and, if possible and agreeable with neighbors, maybe the resolution could be amended to provide a 30 day period which would allow the applicant more time to place the dogs. Mr. Sullivan stated he is also a dog lover but does not have time to take care of one. He noted that the applicant has known for months that it was a possibility that she would have to get rid of two dogs. However, he has no objection to allowing 30 days. MOTION/SECOND: Stigney/Coughlin. To amend the motion on the floor to allow for a period of 30 days to gain compliance which will be verified by the Code Enforcement Officer. `'u Ayes - 5. Nays-0. Motion carried as amended. C. Public Hearing 7:15 - For Resolution 5333 to Consider a Conditional Use Permit for an Oversize Garage at 2091 Terrace Drive Mayor Coughlin closed the regular meeting and opened the public hearing at 8:07 P.M. Hearing no public input, Mayor Coughlin closed the public hearing at 8:07 P.M. and reopened the regular meeting. Planning Associate Ericson explained the applicant, Gerald Miller, is requesting a conditional use permit(CUP)to construct a 1,040 square foot garage at 2091 Terrace Drive. The house, at approximately 926 square feet, is presently larger than the existing two-stall garage, which is 506 square feet. The applicant will be removing the present garage to make room for the new one. There is an 80 square foot(8 x 10) shed behind the existing garage which is set far enough back so as not to be in the way of the proposed garage. Planning Associate Ericson stated staff and the Planning Commission felt this request would result in an improvement,met the criteria for granting a CUP, and recommend approval of a Conditional Use Permit for a 1,040 square foot garage at 2091 Terrace Drive, requested by Gerald Miller, containing the standard stipulations as contained within the Code pertaining to oversized garages related to the use of the structure, uniform exterior appearance,parking of vehicles on improved surfaces or within the garage, and the indication the existing shed may have to be removed to maintain the minimum six-foot setback distances. 10 0:\CARIS\COUNCIL\MINUTES\MVCC26.APR MOTION/SECOND: Stigney/Thomason. To adopt Resolution 5333, A Resolution Approving a Conditional Use Permit to Allow for an Oversize Garage at 2091 Terrace Drive; Mounds View Planning Case No. 552-99. Council Member Marty noted the last page of the proposed resolution indicates all vehicles need to be parked on an improved surface or in the garage. He asked if a new driveway will also be installed to complement the new garage. Planning Associate Ericson explained the existing I driveway would not be replaced but a new section will need to be added. Ayes - 5. Nays - 0. Motion carried. D. Resolution 5334 Approving Assistant City Administrator Position City Administrator Whiting advised that he has talked with the Council at the last two work sessions about changing the Assistant to the City Administrator position to the Assistant City Administrator position which would be filled by current staff member Can Schmidt. He noted the additional language emphasizing the role in legal management for this position. He commented that spending more attention on the City's legal needs allows internalizing that work which is felt can make up for the annual increase in pay for this position. City Administrator Whiting emphasized this position as different in that it would essentially be a department head position for administration and personnel functions, as opposed to an extension of his position. He commented that Ms. Schmidt has exceeded his expectations for this position and he thinks it provides an opportunity to utilize her talents at a higher level which is the reason for the request. The City Administrator stated he would like Ms. Schmidt at a level comparable with other 3 department heads. I' Council Member Stigney stated at the work session this item was placed on the agenda late in the meeting and he still has a lot of questions regarding an objective measure of value versus cost and alternate solutions. He stated he does not feel his questions have been answered adequately and requested it be postponed until this can be discussed further. He stated that Ms. Schmidt is an excellent worker but he wants to assure it is a good decision for the City and tax payers. Mayor Coughlin noted there is no motion on the floor which could be postponed with a motion. Council Member Quick asked for a legal opinion. City Attorney Long noted a resolution has been prepared but there has been no motion to approve or deny the resolution so the issue procedurally is to make a motion to approve which can be discussed, a motion made to table, or a motion made to lay over. MOTION/SECOND: Stigney/Marty. To postpone consideration of Resolution 5334, a ;§ Resolution Approving the Reclassification of the Position of Assistant to the City Administrator to Assistant City Administrator. 11 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR Mayor Coughlin stated this has been discussed a fair amount and he has raised a variety of questions, called staff, and received answers to his satisfaction, as all are afforded that same right to do. He stated that he does not think discussing this further as being of any great benefit. Mayor Coughlin stated that he opposes laying this over since he does to believe further discussion would change the situation. Council Member Stigney stated this Council specifically wanted to keep Council meetings to Council decisions and work session decisions to work session issues. He stated that he has many questions and to be fair to him as a Council Member and residents,he believes this decision needs more deliberation than has occurred. Council Member Stigney stated he does not have the same level of comfort the Mayor has. Council Member Marty stated he admires and respects Ms. Schmidt and has no qualms about her 'F; but, as Council Member Stigney stated about the last work session, the Council spent 15 minutes, tops, on this issue. He stated that he would feel more comfortable justifying this decision if some of his questions could be answered. Council Member Marty stated he generally goes along with ti, it but would like to be able to justify a decision one way or the other and this is why he would agree to put this on the next work session agenda. He stated that he does not believe this issue needs to be dragged out and suggested the questions be posed ahead of time so answers can be received ahead of time. Ayes - 2 (Marty, Stigney). Nays-3 (Coughlin, Quick, Thomason). Motion failed. MOTION/SECOND: Quick/Coughlin. Motion to adopt Resolution 5334, a Resolution Approving the Reclassification of the Position of Assistant to the City Administrator to Assistant City Administrator. Council Member Stigney asked if he will have the opportunity to ask his questions tonight and get answers or if he will have to base his decision on incomplete information. Mayor Coughlin stated the Council has been afforded the opportunity to ask questions and direct questions since it appeared in the Council packet six weeks ago. Council Member Stigney asked if he will have the opportunity to ask questions tonight. Mayor Coughlin stated that, in accordance with Roberts Rules of Order, each member will have two opportunities to speak up to ten minutes in length. Council Member Stigney stated his concern is that this has not been defined,the justification for the existing problem has no basis of merit but it is hoped it will pay for itself,there is no guideline saying how much this will save or cost, and no cost benefit analysis has been accomplished. He stated that he does not understand the problem and has not explored alternate solutions. Council Member Stigney stated that this is why he requested the lay over. He 12 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR explained that once the problem is known, then the duties can be defined. He noted the staff report just says they want Ms. Schmidt to do more work because she does good work but he has not seen justification to bring this position up to a different salary range. Council Member Stigney noted this position came in one year ago with salary range of$37,080 to $46,350 and during that time period Ms. Schmidt received increases of$16,156 in one year and the recommendation is to retroactively increase the salary with an additional jump of$6,866 to a starting salary of$53,236 to go up to $66,546 which is to be accomplished within one year. He noted the inflation factor of approximately 3%which means at the end of next year the salary will be $68,542 which is another increase of$15,306. He stated that for anyone to get over $30,000 in pay increases in two years, they better be doing a good job. Council Member Stigney stated he is concerned about what this job will do to offset any costs to the taxpayers. He stated that he wants to see factual information about what will be saved and what this job will accomplish. Council Member Stigney stated he objects to the salary structure as proposed and believes the ten cities that were grouped had nothing to do with what Labor Relations provided. He noted that the majority of the ten cities do not even have this position so maybe it should be looked at again. Council Member Stigney asked if he could ask for a postponement of the motion on the floor. City Attorney Long stated the motion to hold over failed and a motion to postpone would be viewed as a similar motion and out of order. Council Member Stigney stated it is a"sad day." Council Member Marty stated that in the packet and information,the job titles and duties have been laid out, as well as qualifications and minimum requirement. He stated while this has been spelled out, none of the information provided shows the degrees and/or qualifications of Ms. Schmidt. Council Member Marty noted most have demonstrated management experiences or experience with other business organizations but the Council has not been provided with what and where this took place or what the demonstrated management level experiences are. Council Member Marty noted the desired minimum qualifications of two years of related experience or two years of demonstrated leadership experience. He asked what Ms. Schmidt's work experience is. He noted that none of this information has been provided for Council review. Council Member Marty noted that the staff report indicates this position would take three years to be raised to the maximum, include monthly steps, a starting salary of$53,236, and five steps. He stated he could find it more justifiable if the increase to the maximum was spread over a five year period instead of five steps within three years. He noted that without a cost of living increase it is $66,546 and this year everyone in the City got a three percent raise. 13 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR FI i ii Council Member Marty stated that this would be significant which is why he does not want to jump into it blindly. He stated that a lot of these questions could be answered but they have not been asked so the information has not been provided. He stated that he has questions that remain and he would like a better"handle" on those questions before having to vote on the proposed resolution. Council Member Marty reviewed the salary information of other communities and noted that only two, Chanhassen and Robinsdale, start off with a higher salary than being projected. He stated that he realizes Ms. Schmidt does have a lot more qualifications than some of the other city's but, in order to justify this decision to the citizens, he would like some of the questions and answers laid out on the table instead of voting blindly. He stated that he is sure Ms. Schmidt will do an excellent job. Council Member Marty stated the City has discussed an electronic filing system and he would like to know if Ms. Schmidt could coordinate that effort too since it is something the City definitely needs. He stated that there are a number of questions he would like answered so he could personally justify voting aye or nay. Council Member Marty stated that until he can justify it to the citizens, he cannot vote to support. F '{ Council Member Thomason stated that she did not realize others have not had an opportunity to ask questions since it has been in packet for six weeks. She stated she did some research and just today got her questions answered. She stated she did not realize that others didn't have that opportunity so she would support a motion to table. MOTION/SECOND: Thomason/Coughlin. To reconsider the motion and table consideration to the next work session. • Council Member Marty requested Council Members use the new inquiry form to ask their questions and that the issue to be put on the Monday, May 3 work session agenda. Council Member Quick asked if Mayor Coughlin or Council Member Thomason have had any problems getting questions answered by staff. Mayor Coughlin stated he did not have any problems. City Administrator Whiting stated that he is less comfortable approving this position change with a split Council and supports additional discussion to assure the support of the Council and, therefore, the community. He stated that he recognized there would be some concern and pursued it the way he felt appropriate but he would rather take time to answer questions. He apologized if all questions had not been answered. Council Member Stigney stated that he, like Council Member Marty, is uncomfortable passing it through with unanswered questions. 14 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR Ms. Olson asked if citizens can have information that they would like for review so they may be able to provide input at the next work session. City Administrator Whiting stated he can try to follow up and provide information but reminded the Council and residents that there is a high degree of subjectivity in this kind of choice. Ms. Olson stated she will put her questions and requests for information in written form and asked if it would be reasonable to obtain that information. Mayor Coughlin stated all citizens have the right to ask reasonable questions of the City and, in a reasonable amount of time, obtain answers. Ms. Olson stated that her questions would be of a legal nature. She stated it was mentioned Ms. t I Schmidt's expertise could potentially help reduce the City's legal fees but she questioned whether rendering an opinion construed as legal would require insurance to cover liability of such actions. City Attorney Long stated he has not had an opportunity to talk with City Administrator Whiting but a City staff member could prepare initial drafts of resolutions and development agreements as long as they are reviewed by the City Attorney's office, which appears to be what staff is suggesting. If it meets those tests, it would not be construed as practicing law. City Administrator Whiting stated he sees the potential that staff members can do some of that draft work and noted that some of the largest expenses of the City are legal costs. He explained they are looking at a position that crosses departmental boundaries, oversees the administration department, and helps coordinate the information that needs to be coordinated for the City. He stated this is what he had in mind, not doing legal work in place of the City Attorney. Ms. Olson stated that it appears this type of work would not cross the line of practicing law and would not result in a legal liability. Mr. stated that every place you work, you get merits but you don't get paid for the permits before you get them. He stated if this salary is at$60,000 it is not far behind the City Administrator's salary and he questions the need for a City Administrator. He asked if, in reality,there will be two managers for the City of Mounds View. Ayes - 4. Nays-1 (Quick). Motion carried. E. Consideration of Antenna Proposal Director of Public Works Ulrich advised that staff has received a request from Johnson Radio Communication Company, Inc. to install a repeater antenna on the City's water tower. While this is an opportunity to generate additional income for future tower maintenance needs, staff is unsure of the appropriate rental rate for this use. He advised that staff has contacted several cities with similar installations to inquire their rental rate. Johnson Radio is proposing an amount 15 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR ti -1i of$189 rent payment plus $20 for electricity. The vendor would be responsible for all associated expenses related to the installation(engineering review, electrical installation,painting, etc.). He noted the other cities have indicated their rental is about$200 for this type of single antenna and requested Council authorization to further negotiate a contract with Johnson Radio Communication Company, Inc. MOTION/SECOND: Coughlin/Quick. To authorize staff to further negotiate with Johnson Radio Communication Company, Inc. in regard to the rent rate and sign such agreement when a final amount is reached. Council Member Stigney asked if this equipment is compatible with equipment that currently exits. Director of Public Works Ulrich stated they are proposing to add only one more antenna. He advised the County Sheriff's Department did add an antenna along with strengthening the railing system so additional antennas can be accommodated. He stated they want a two year lease that can be extended to five, with it being renegotiable at the end of the first period. Council Member Marty asked if there would be no cost to the City. Director of Public Works Ulrich stated the attorney did an initial review and provided a boiler plate document which staff updated for this request,resulting in only minimal administrative expense. Ayes - 5. Nays-0. Motion carried. F. Presentation of Spring Lake Road/County I Street Project Survey Director of Public Works Ulrich reported staff received and tabulated the surveys sent to residents of Spring Lake Road and County Road I. Residents were requested to rate the three project designs from 1 to 3,with 1 being their first choice. He advised that some respondents chose not to complete the survey and many questions were left blank. Director of Public Works Ulrich noted the survey results as contained in the meeting packet and advised there are a number of options available as to the direction in which to proceed. Director of Public Works Ulrich read the three questions asked and reviewed the responses received. Mayor Coughlin stated he talked with a few residents and when he initially looked at the survey it appeared about a 50/50 split but when it was further analyzed by the road it became clear that those individuals south of Highway 10 had a resounding number wanting to keep the road at 24 feet as it presently is. North of Highway 10, there was more of a mixed result but the majority support widening to add a pedestrian pathway. Mayor Coughlin stated he contacted them and asked if there was a way to strike a balance between those who wanted it 24 feet wide and those wanting it wider. He explained that everyone's concerns were toward pedestrian traffic and they desired to keep the road narrow while still accommodating pedestrians. He stated that with those he discussed it with, they felt the compromise was to expand the roadway to 26 feet wide, a three foot wide shoulder that could accommodate pedestrian traffic, a one foot shoulder on the other side, and eleven foot driving lanes. On County Road I,there is no easement on the south side so 16 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR the City would have to purchase easements from those individuals to widen the road. Mayor Coughlin stated the vast majority of those surveyed want that section retained at 24 feet and, in light of the right-of-way purchase issue, he agrees. Mayor Coughlin noted the considerable desire on behalf of most to put a path along the St. Paul Water Works easement but a similar proposed path along the edge of the lake was not viewed as a good idea with the main concern being it is private property on both sides of the road and creating a public path would lend itself to people believing the lake front was public, not private land. He stated his concurrence with that indication. Mayor Coughlin noted the intersection realignment which the majority support due to safety Li issues. He recommended,based on the survey and discussions with residents, consideration of a 26 foot wide roadway north of Highway 10, a three foot shoulder on one side and a one foot shoulder on the other, south of Highway 10 the roadway width will be left at 24 feet, County Road I will be left at 24 feet unless the St. Paul Water Works allows widening to 26 feet expanding to north, adding a path on County Road I, constructing no path on the southeast edge of the lake, and realigning the intersection of County Road I and Spring Lake Road when constructed. MOTION/SECOND: Coughlin/Marty. Motion to accept the Spring Lake Road/ County I street project survey as submitted and direct staff to notify Ramsey County of the desired design to construct a 26 foot wide roadway north of Highway 10, a three foot shoulder on one side and a one foot shoulder on the other, south of Highway 10 the roadway width will be left at 24 feet, County Road I will be left at 24 feet unless the St. Paul Water Works allows widening to 26 feet expanding to north, adding a path on County Road I, constructing no path on the southeast edge of Spring Lake, and realigning the intersection of County Road I and Spring Lake Road when constructed. Upon inquiry, Director of Public Works Ulrich answered questions regarding the width of several roadways and stated the project will treat the storm water going into Spring Lake but do very little to alleviate drainage problems. Council Member Quick asked if engineering work has been done to address any problems that could result to Carey Lane. Director of Public Works Ulrich stated a feasibility report was done but nothing was determined if it will provide a problem. Council Member Quick asserted it is a "shot in the dark" and could be terribly right or terribly wrong. Council Member Marty stated it will not add significantly to run off either. Director of Public Works Ulrich stated it will not significancy add any more run off except for two feet of bituminous surface north of Highway 10. He advised the water will still sheet off the road to the grass areas since the elevation of the roadway and manholes will remain the same. 17 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR Council Member Quick asked how long this additional bituminous is. Director of Public Works Ulrich stated it is about 8/10 of a mile. Council Member Quick asked if this equals a significant addition of imperious surface. Director of Public Works Ulrich stated that depends on how you define "significant." Council Member Quick stated it would add 1/8 of the roadway which he believes is significant and since many sump pumps go into the sanitary sewer when water is high, and the City pays a lot to treat that water, this will increase City expenses. Mayor Coughlin clarified that it is not three feet, but a two foot addition, one foot on each side to a maximum width of 26 feet instead of a maximum width of 24 feet. He stated for the record that itis illegal to dump sump pumps into the sanitary sewer and residents need to deal with sump pump water in a different manner. Director of Public Works Ulrich stated that while he was out of town he received the Mayor's survey and one suggestion is that by putting the path on one side it will encourage some pedestrian or bicycle traffic to go the wrong direction Also, putting in common mailboxes throughout both projects would cleanup the neighborhood. He noted the City provided mailboxes on Bronson and set up an arrangement to have mailboxes on the property line with adjacent two property owners which created fewer obstacles and may make the job of mail delivery easier. He explained the type of break-off posts that would be used and suggested staff negotiate with the Post Office about moving the boxes to one side of the road. Council Member Quick asked if the vote is to go from a 24 foot width to a 26 foot width on the north side. Mayor Coughlin stated that is correct, it would add one foot on each side and reduce Ga', the driving lane from 12 feet to 11 feet which provides a three foot shoulder on one side and a one foot shoulder on the other side. Council Member Quick stated that he does not think three feet is wide enough for a busy road like Spring Lake Road. Ayes - 4. Nays - 1 (Quick). Motion carried. Director of Public Works Ulrich asked if another mailing should be sent out to residents. Mayor Coughlin stated it would be good to notify residents that the project is now in its final form and advising of the anticipated start date. Director of Public Works Ulrich reported the County has indicated they would start two weeks from the Council decision. Since this project has been set at the top of their calendar, it will take two to three months for completion. 10. Next Council Work Session: Monday, May 3, 1999 at 6:00 PM Next Council Meeting: Monday, May 10, 1999 at 7:00 PM No action required. - 18 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR I d 11. Adjournment Mayor Coughlin adjourned the meeting at 9:11 P.M. Transcribed and recorded by: Carla Wirth TimeSaver Off Site Secretarial, Inc. tli 1I 19 U:\CARIS\COUNCIL\MINUTES\MVCC26.APR CITY OF MOUNDS VIEW MEETING MINUTES MONDAY, May 3, 1999 6:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Quick, Stigney, Thomason. 3. Resolution 5335 -Resolution approving a developers agreement for Lots 1,2, and 3 Block 1 Silverview Estates; and a developers agreement and release of land from developers agreement for Lot 4, Block 1, Silverview Estates. Scott Riggs, City Attorney gave an overview explaining that the Council had before them three documents: Item A, which is a second amendment to the development agreement between the City of Mounds View, Silverview Estates, Inc, Five D Limited, and Realife Cooperative of Mounds View, Item B, which is a new development agreement between the City of Mounds View and Realife Cooperative of Mounds View, and Item C which is a release of property. These revisions were made to be acceptable to HUD so that they would approve the financing for the project. The revision restores the original agreement and memorializes its intent, removing the Realife parcel from the original agreement, and provides for a separate agreement with Realife covering just their parcel. Council member Quick questioned a provision on a memo dated 4/26/99 indicating that the number of units in the development changed from 82 to 74. Cindy Davis explained that this occurred six months ago in sync with some market research that was done. This change is consistent with the change approved when the first amendment to the developers agreement was made. Council member Quick made a motion to approve Resolution 5335. Mayor Coughlin seconded the motion. Discussion: Council member Stigney questioned what the ramifications would be if the financing for the project falling through. Cindy Davis stated that the preclosing was today and that this was the last detail to finish. If the HUD financing fails though,the project would just revert back to the original agreement. MOTION: Council member Thomason indicated that she has a potential conflict of interest with this project and would abstain from the vote. Rick Jopke,the Community Development Director stated that this seems to be a good approach. Although he was only able to give it a brief reading, it seems to keep the intent of the original agreement, while providing a separate agreement on the Realife parcel. It should be acceptable to HUD and is acceptable to the City's legal staff. Scott Riggs indicated that he spoke with planning Associate Jim Ericson, and that Jim's concern was keeping the intent of the original agreement in place. This agreement does just that. ROLL CALL: f, Ayes - 4. Nays-O. Abstain- 1 (Thomason) Motion carried. Ifi I iii i t;: ri i. 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: 13172 through 13334 in the amount of$ 229,968.70 TOTAL AMOUNT OF CLAIMS PRESENTED: $ 229,968.70 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 05/11/99 by the vote ayes nayes Mayor Clerk-Administrator Date: 05/06/1999 Time: 11:28:18 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 • 13172 Jenny Harrer Reissue Check #100353 4350 167.80 Total for Chk 13172 167.80* 13174 Northern States Power 7545 Groveland 4823 8,391.50 Total for Chk 13174 8,391.50* 13175 U. S. Postmaster Postage for Utility Bill 4820 960.00 Total for Chk 13175 960.00* 13176 Easy Shade Tree Movers Trees Transplanted 4900 2,875.00 Total for Chk 13176 2,875.00* 13177 Northern States Power Work on Booster Sta.& Wa 4823 1,542.00 Total for Chk 13177 1,542.00* 13178 Northern States Power Relocate 3 phase pole at 4470 2,187.00 Total for Chk 13178 2,187.00* 13179 ICMA Retirement Trust ICMA for 05/06/99 3,530.59 Total for Chk 13179 3,530.59* 13180 Law Enforcement Labor Union Dues for May 462.00 Total for Chk 13180 462.00* 13181 Minnesota Child Suppor Child support for 05/06/ 690.90 Total for Chk 13181 690.90* 13182 Minnesota Mutual MN Mutual for 05/06/99 307.69 Total for Chk 13182 307.69* 13183 MINNESOTA STATE RETIRE MN State Retirement for 300.00 Total for Chk 13183 300.00* 13184 NCPERS Life Insurance PERA Life Ins. for May 69.00 Total for Chk 13184 69.00* Date: 05/06/1999 Time: 11:28:18 Operator: Marge Norquist Page: 2 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13185 Public Employees Insur Life and Dental for May 4360 2,455.37 Total for Chk 13185 2,455.37* 13186 Public Employees Retir PERA for 05/06/99 10,664.72 Total for Chk 13186 10,664.72* 13187 Twin City Federal Mort TCF for May 488.00 Total for Chk 13187 488.00* 13188 Western Bank Savings for 05/06/99 120.00 Total for Chk 13188 120.00* 13189 Ace Solid Waste, Inc. Rubbish Pickup 4160 485.30 Total for Chk 13189 485.30* 13190 Action Press, Inc. Spring Clean Up Flyer 4420 1,351.60 Total for Chk 13190 1,351.60* 13191 Action Systems 50% Phone System 4160 21,296.00 Total for Chk 13191 21,296.00* 13192 Airtouch 581-4716 4901 454.56 Total for Chk 13192 454.56* 13193 American Public Works Membership 4823 355.00 Total for Chk 13193 355.00* 13194 Anchor Paper Co. Paper Towels, Roll Towel 4460 107.10 Total for Chk 13194 107.10* 13195 Anoka County Prop.Tax-Aud Sub No 152, 4350 79.97 Total for Chk 13195 79.97* 13196 Associates Commercial Lease Payment 4901 1,693.82 Total for Chk 13196 1,693.82* 13197 Batteries Plus Batteries, Corrosion Spr 4900 166.06 Total for Chk 13197 166.06* 13198 Beisswengers Spray, Liquid Nails, Cau 4900 245.47 Total for Chk 13198 245.47* 13199 Best Access Systems 7 Pin TM 4350 8.52 Total for Chk 13199 8.52* 13200 Biffs, Inc. Portable Restrooms 4900 313.00 Total for Chk 13200 313.00* 13201 Bob's Personal Coffee Coffee 4160 48.14 Total for Chk 13201 48.14* Date: 05/06/1999 Time: 11:28:18 Operator: Marge Norquist Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13202 Timothy Brennan Reimburse tuition-Mgmt/S 4200 311.14 Total for Chk 13202 311.14* 13203 Brighton Veterinary Ho Veterinary Services 4200 400.70 Total for Chk 13203 400.70* 13204 Broadway Rental Equipm Cancellation Fee 4900 25.00 Total for Chk 13204 25.00* 13205 Bryan Rock Products, I Red Ball Diamond Agg. 4360 1,035.69 Total for Chk 13205 1,035.69* 13206 Bumper to Bumper Filters 4462 323.40 Total for Chk 13206 323.40* 13207 Capitol Beverage Sales Beverages 4901 291.60 Total for Chk 13207 291.60* 13208 Century Fence Co. Chain Link Fence w/Gate 4460 1,920.00 Total for Chk 13208 1,920.00* 13209 Champlain Planning Pre Planning Commissioners J 4180 112.00 Total for Chk 13209 112.00* 13210 Chemsearch Maxi Blaster, Weed A Cid 4900 979.98 Total for Chk 13210 979.98* 13212 Cintas - 748 Uniform Rental 4900 872.42 Total for Chk 13212 872.42* 13213 Joan Clark Meter Refund 40.00 Total for Chk 13213 40.00* 13214 Cottens, Inc. Batt.Clip,Terminal 4900 41.17 Total for Chk 13214 41.17* 13215 Cross Nurseries, Inc. Shrubs and Trees 4650 373.50 Total for Chk 13215 373.50* 13216 Crysteel Dist., Inc. Pipe 4465 6.71 Total for Chk 13216 6.71* 13217 Cushman Motor Company, E Z Go Utility Cart 4900 5,807.45 Total for Chk 13217 5,807.45* 13218 Dexter Shoe Co. Golf Merchandise 4901 112.98 I Total for Chk 13218 112.98* 13219 East Side Beverages Beverages 4901 309.80 Total for Chk 13219 309.80* Date: 05/06/1999 Time: 11:28:18 Operator: Marge Norquist Page: 4 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13220 Electronic Communicati Fire Alarm System servic 4350 194.00 Total for Chk 13220 194.00* 13221 Elegant Thymes Caterin Realife of Mounds View 1,978.53 Total for Chk 13221 1,978.53* 13222 Ellison Recycling Equi Recycling Containers 4420 3,668.93 Total for Chk 13222 3,668.93* 13223 Fairbanks Capital Corp Meter Refund 40.00 Total for Chk 13223 40.00* 13224 Fisher Bjork Sheetmeta Changed out rooftop filt 4350 909.70 Total for Chk 13224 909.70* 13225 Focus News Golf Section Ad 4901 423.70 Total for Chk 13225 423.70* 13226 Four by Four Service Alignment 4462 24.00 Total for Chk 13226 24.00* 13227 F. M. Frattalone Excav Sewer Repair-Co. Rd. H 4823 17,775.00 Total for Chk 13227 17,775.00* 13228 Fricke & Sons Sod 4823 20.45 Total for Chk 13228 20.45* 13229 Gillund Enterprises Brake Parts Cleaner 4462 122.13 Total for Chk 13229 122.13* 13230 Golf Minnesota 1999 Golf Directories 4901 62;50 Total for Chk 13230 62.50* 13231 Goodin Company Check Valve 4823 143.34 Total for Chk 13231 143.34* 13232 Gopher State One-Call, 39 Calls 4823 68.25 Total for Chk 13232 68.25* 13233 W. W. Grainger Nylon Rope 4350 159.87 Total for Chk 13233 159.87* 13234 Green Tree Vendor Sery Lease Payment 4460 153.28 Total for Chk 13234 153.28* 13235 Greenman Technologies Tire Pickup 4460 15.20 Total for Chk 13235 15.20* 13236 Harmon Glass Company Windshield w/Bracket 4465 407.54 Total for Chk 13236 407.54* Date: 05/06/1999 Time: 11:28:18 Operator: Marge Norquist Page: 5 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13237 Jim Hatch Sales Compan Push Brooms, Long Handle 4470 89.73 Total for Chk 13237 89.73* 13238 Hoffman Filter Service Filter Pickup 4465 50.00 Total for Chk 13238 50.00* 13239 Hornungs Pro Golf Sale Golf Merchandise 4901 939.46 Total for Chk 13239 939.46* 13240 Hughes & Costello Prosecution Statement 4200 3,500.00 Total for Chk 13240 3,500.00* 13241 Hydraulic Specialty Co Air Filter 4823 59.70 Total for Chk 13241 59.70* 13242 Independent Delivery S Newsletter Delivery 4160 267.85 Total for Chk 13242 267.85* 13243 Independent School Dis Risers, Cart 4730 540.00 Total for Chk 13243 540.00* 13244 Infratech Pipe Repair-Co.Rd.H & P1 4823 2,264.85 Total for Chk 13244 2,264.85* 13245 Innovative Images May/June Mounds View Mat 4160 3,375.00 Total for Chk 13245 3,375.00* 13246 Insty Prints Inspections Cards 4180 30.05 Total for Chk 13246 30.05* 13247 Insty Prints Forms Printed 4180 113.74 Total for Chk 13247 113.74* 13248 IPMA Minnesota Chapter Membership Dues 4130 100.00 Total for Chk 13248 100.00* 13249 J-Craft, Inc. Black Poly Fender Set w/ 4470 841.36 Total for Chk 13249 841.36* 13250 Jerry's Floor Store Carpet, Installation 4160 3,471.38 Total for Chk 13250 3,471.38* 13251 Janet Jirovec Meter Refund 30.00 Total for Chk 13251 30.00* 13252 Johnson Ready-Mix Concrete 4460 472.86 Total for Chk 13252 472.86* 13253 Kath Fuel Oil Service Oil 4900 161.88 Total for Chk 13253 161.88* Date: 05/06/1999 Time: 11:28:18 Operator: Marge Norquist Page: 6 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13254 Kennedy & Graven Building Inspections Agr 4160 27,685.61 Total for Chk 13254 27,685.61* 13255 Kern, DeWenter, Viere, Audit of '98 Financial S 4820 8,000.00 Total for Chk 13255 8,000.00* 13256 Bruce Kessel Expense Reimbursement 4350 493.59 Total for Chk 13256 493.59* 13257 Debbie Kippen Golf Refund 100.00 Total for Chk 13257 100.00* 13258 Bob Knobel Meter Refund 30.00 Total for Chk 13258 30.00* 13259 Knox Commercial Credit Nylon Rope,Grade Stake B 4823 92.29 Total for Chk 13259 92.29* 13260 Roger Koopmeiners Meter Refund 80.00 Total for Chk 13260 80.00* 13261 Lab Safety Supply, Inc Chem.Oil Away 4465 510.44 Total for Chk 13261 510.44* 13262 League of Minnesota Ci 4360 768.62 Total for Chk 13262 768.62* 13263 League of Minnesota Ci Cities Bulletin Subscrip 4160 144.00 Total for Chk 13263 144.00* 13264 League of Minnesota Ci Medical Ins.-Michna 4200 196.45 Total for Chk 13264 196.45* 13265 M R Sign Signs, Posts 4475 1,525.52 Total for Chk 13265 1,525.52* 13266 M.A.M.A. Luncheon Meeting 4130 16.00 Total for Chk 13266 16.00* 13267 M.T.I. Distributing Co Filters 4900 1,400.11 Total for Chk 13267 1,400.11* 13268 MacQueen Equipment, In Mesh Screen 4472 166.65 Total for Chk 13268 166.65* 13269 Mail Boxes Etc. Packing Service 4823 124.76 Total for Chk 13269 124.76* 13270 Manpower Receptionist 4823 1,517.34 Total for Chk 13270 1,517.34* Date: 05/06/1999 Time: 11:28:18 Operator: Marge Norquist Page: 7 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13271 Markertek Video Supply Jacks, Audio Cables, Bat 4350 224.99 Total for Chk 13271 224.99* 13272 Masys Corporation Enfors Maintenance, Leas 4200 623.69 Total for Chk 13272 623.69* 13273 McCollister & Co. 55 Ga. 5W 30 4462 207.30 Total for Chk 13273 207.30* 13274 MCI Worldcom Long Distance 4160 110.26 Total for Chk 13274 110.26* 13275 Menards Studded T Post, Wrench 4900 55.00 Total for Chk 13275 55.00* 13276 Metro Legal Services, Del. to B.Long 4160 67.00 Total for Chk 13276 67.00* 13277 Metrocall State Display Service 4200 69.68 Total for Chk 13277 69.68* 13278 Sharon Meyer Golf Refund 233.00 Total for Chk 13278 233.00* 13279 MIDC Compression Coupling 4900 44.27 Total for Chk 13279 44.27* 13280 Midwest Coca/Cola Beverages 4901 1,150.86 Total for Chk 13280 1,150.86* 13281 Minnegasco Natural Gas 4901 53.89 Total for Chk 13281 53.89* 13282 Minnesota Bolt & Nut C Cap Screw, Dual Wall HT 4465 21.78 Total for Chk 13282 21.78* 13283 Minnesota Conway Recharge Fire Extinguish 4460 527.01 Total for Chk 13283 527.01* 13284 Minnesota Golf Cars, I Parts-Ball Picker Cart 4900 461.41 Total for Chk 13284 461.41* 13285 Minnesota Pollution Co Certification Fee-Schnur 4823 23.00 Total for Chk 13285 23.00* 13286 Minnesota UC Fund Unemployment-Tibbetts, J 4350 1,190.27 Total for Chk 13286 1,190.27* 13287 Mounds View Festival, Festival Donation 4110 4,000.00 Total for Chk 13287 4,000.00* Date: 05/06/1999 Time: 11:28:19 Operator: Marge Norquist Page: 8 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13288 Mounds View, City of Training Seminar Breakfa 4130 1,069.47 Total for Chk 13288 1,069.47* 13289 Municilite Strobe Tubes 4462 664.78 Total for Chk 13289 664.78* 13290 Nike, Inc. Golf Merchandise 4901 718.00 Total for Chk 13290 718.00* 13291 North Country Ford Car Part 4462 56.06 Total for Chk 13291 56.06* 13292 North Metro Mayors Ass Dinner Meeting 4100 56.60 Total for Chk 13292 56.60* 13293 Northern Sanitary Supp Towels, Tissue 4460 213.11 Total for Chk 13293 213.11* 13295 Northern States Power 7840 Pleasant View Dr.N. 4350 2,283.70 Total for Chk 13295 2,283.70* 13296 Northern Tool & Equipm Booster Cables, 15 Gal. 4900 315.36 Total for Chk 13296 315.36* 13297 Nystrom Publishing Co. Printing City Newsletter 4160 2,866.12 Total for Chk 13297 2,866.12* 13298 Office Depot Tape Dispenser,Scissors, 4460 66.23 Total for Chk 13298 66.23* 13299 Orkin Exterminating Co Exterminating-May 4160 88.29 Total for Chk 13299 88.29* 13300 Panasonic Services Com Equipment Repair 4350 15.00 Total for Chk 13300 15.00* 13301 Perfect "10" Car Wash Car Wash 4200 5.33 Total for Chk 13301 5.33* 13302 Phillips 66 Company Gasoline 4200 849.38 Total for Chk 13302 849.38* 13303 Pomp's Tire Service, I Flat Repair 4900 95.70 Total for Chk 13303 95.70* 13304 Precept Golf Merchandise 4901 200.29 Total for Chk 13304 200.29* 13305 Ramsey County 5394 Edgewood Dr. 4350 1,363.69 Total for Chk 13305 1,363.69* Date: 05/06/1999 Time: 11:28:19 Operator: Marge Norquist Page: 9 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13306 Ramsey County Radio Service 4200 16,720.19 Total for Chk 13306 16,720.19* 13307 Savin Corporation Maint. Contract 4200 146.45 Total for Chk 13307 146.45* 13308 Schwaab, Inc. Pre-Ink Stamp 4901 26.21 Total for Chk 13308 26.21* 13309 Serco Labs Water Testing 4825 56.00 Total for Chk 13309 56.00* 13310 Kim Sheridan Golf Refund 100.00 Total for Chk 13310 100.00* 13311 Short-Elliott & Hendri Hwy. 10-Traffic Signals 4470 9,051.51 Total for Chk 13311 9,051.51* 13312 Shred-It Shredding 4200 49.95 Total for Chk 13312 49.95* 13313 Snyders Film Processing 4200 7.44 Total for Chk 13313 7.44* 13314 Spalding Golf Merchandise 4901 111.48 Total for Chk 13314 111.48* 13315 Spring Lake Park Fire Building Inspection Sery 4180 17,047.25 Total for Chk 13315 17,047.25* 13316 Spring Lake Park Lumbe Lumber 4460 24.29 Total for Chk 13316 24.29* 13317 City of Spring Lake Pa Co-sponsored Community A 40.00 Total for Chk 13317 40.00* 13318 City of St. Paul Asphalt Mix 4470 70.26 Total for Chk 13318 70.26* 13319 Patti Staples Golf Refund 233.00 Total for Chk 13319 233.00* 13320 Sysco Food Services of Hot Dogs 4901 657.55 Total for Chk 13320 657.55* 13321 Time Saver Recording April 26th Cou 4100 673.50 Total for Chk 13321 673.50* 13322 U. S. West 783-7491 4730 973.40 Total for Chk 13322 973.40* Date: 05/06/1999 Time: 11:28:19 Operator: Marge Norquist Page: 10 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 13323 United Agri Products Formolene, Respond Liqui 4900 592.14 Total for Chk 13323 592.14* 13324 Vessco, Inc. 0-Rings, Lubri Grease 4823 56.97 Total for Chk 13324 56.97* 13325 Wager's, Inc Maint. Contract 4460 27.00 Total for Chk 13325 27.00* 13326 H. T. Wakefield Transducer 4900 361.84 Total for Chk 13326 361.84* 13327 Waste Management - Bla Rubbish Pickup 4901 15.64 Total for Chk 13327 15.64* 13328 West Weld B S Blade 4460 119.38 Total for Chk 13328 119.38* 13329 Western Bank Savings Bond-Ohnstad 4420 150.00 Total for Chk 13329 150.00* 13330 Wilson Sporting Goods Golf Merchandise 4901 361.50 Total for Chk 13330 361.50* 13331 Wittek Golf Supply Co. Sure Catch Hopper 4902 306.24 Total for Chk 13331 306.24* 13332 Yamaha Motor Corp., U. Lease Payment 4900 231.00 Total for Chk 13332 231.00* 13333 Zep Manufacturing Co. Parts Washer System, Zep 4900 1,221.75 Total for Chk 13333 1,221.75* 13334 Ziegler, Inc. Filters, Element 4465 440.93 Total for Chk 13334 440.93* Grand Total 229,968.70* l t�!11 Item No. Type of Business: WS WK: Work Session;PH:Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Carl Schmidt Item Title/Subject: Resolution 5336-Authorization to hire Joan Babekuhl, Administrative Assistant Date of Report: May 5, 1999 As you know, we have a vacancy for the Administrative Assistant position from the resignation I of Tracy Sanchez. We advertised for the position with this announcement: The City of Mounds View is seeking an enthusiastic individual to provide administrative support to the division of Administration. The primary objective of the position is to provide a variety of routine and complex clerical,and administrative duties including: Council packet preparation,City and employee newsletter,publication of legal notices, records management, etc. The successful candidate should have strong computer,clerical and communication skills.Knowledge of PageMaker(or equivalent)a plus. The candidate should also possess good organizational skills and the ability to relate with ease and efficiency to all employees,City Council and the public. Minimum qualifications include a high school diploma or equivalent,with supplemental course work in computers and administrative subjects. At least three years of increasingly responsible related experience is required.Applicant must be proficient in the usage of word processing software. Knowledge in the operation of standard office equipment, office practices and procedures. Salary Range: $28,111 -$35,139.A city application and resume is required. For application materials or questions,please contact Cari Schmidt,Assistant to the City Administrator,City of Mounds View,2401 Highway 10,Mounds View,MN 55112; 612- 717-4008. Application deadline is Friday,April 2 at 4:30 PM. EOE/AA. We received over 40 applications. Administration interviewed 13 initial applicants and called three finalists back for a second interview. After seeking direction from the Council at the May 3 work session,the position was offered to Joan Babekuhl. Joan is seeking a new challenge after a long career in a county position. She has extensive administrative skills and will be a valuable addition to our City staff Staff Recommendation: Approve Resolution 5336, Authorizing the Hire of Joan Babekuhl for Administrative Assistant. RESOLUTION NO. 5336 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE HIRE OF JOAN BABEKUHL, ADMINISTRATIVE ASSISTANT WHEREAS, Ms. Babekuhl's past work experience indicates she has the knowledge, skills and ability to perform the job tasks and duties of the Administrative Assistant position; and WHEREAS,the City desires to retain the services of Ms. Babekuhl to provide administrative services; and WHEREAS,the position of Administrative Assistant was vacated on March 19, 1999; and WHEREAS,resuming the past status of the position as a regular, full-time employee is consistent with management goals of the organization. NOW, THEREFORE,BE IT RESOLVED that it is proposed that the City Council in and for the City of Mounds View does hereby hire Joan Babekuhl for this Administrative Assistant position effective May 24, 1999, with the following 5 step compensation plan: Step 1 Step 2 Step 3 Step 4 Step 5 2342.63 2489.05 2635.46 2781.88 2982.29 BE IT FURTHER RESOLVED that Joan Babekuhl will commence the position of Administrative Assistant at Step 1, effective 5/24/99 and advance through the Step Plan according to City policy. 01.'1 Presented this 10th day of May, 1999. (SEAL) Dan Coughlin, Mayor (ATTEST) Charles S. Whiting, City Administrator 411 RESOLUTION NO. 5338 i CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACKNOWLEDGING THE RECEIPT OF THE "SUMMARY OF PRELIMINARY GOAL STATEMENTS" FROM THE CITY COUNCIL/STAFF GOAL SETTING SESSION ON APRIL 20, 1999 WITH CARL NEU WHEREAS,on April 20, 1999,the Mounds View City Council and Department Heads met to define some potential preliminary goals for the City; and WHEREAS, a number of ideas were generated by the group exercise; and WHEREAS, Carl Neu generated a report following the session to document the ideas that were discussed. NOW, THEREFORE, BE IT RESOLVED that the City Council acknowledges receipt of the "Summary of Preliminary Goal Statements" and certifies that it is a fair and accurate representation of the ideas that were discussed. BE IT FURTHER RESOLVED,that this Resolution formally acknowledges that the City Council and staff met to discuss the vision and goals of the City of Mounds View, and that = 'I� this is but a first step towards a visioning and goal setting session for the City. Presented this 10th day of May, 1999. (SEAL) Dan Coughlin, Mayor (ATTEST) Charles S. Whiting, City Administrator i, U:\CARIS\ADMIN\RESOLUTI\CC\533 8.WPD Item No. Type of Business: CA WK: Work Session;PH:Public Hearing; CA: Consent Agenda;CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Carl Schmidt Item Title/Subject: Gasoline License- Gas N' Splash Date of Report: May 6, 1999 The Phillips 66 Station at 2525 Highway 10 has been purchased by David Mack. A gasoline license has been submitted for the new Gas N' Splash station at this location. The license is in order and all fees have been paid. Staff Recommendation: Approve the gasoline license for the Gas N' Splash station located at 2525 Highway 10 i, ::; Item No. Type of Business: CA WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Barb Benesch Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: May 10, 1999 Please consider the following contractor licenses for approval. All applicants have submitted appropriate fees and proof of insurance. Those licenses defined as "new" include all applicants that have never been licensed with the City or have not been licensed within the past two years. Those defined as"renewal" were licensed last year. All licenses will expire on June 30, 1999. MASONRY Holmlund Masonry -New Joseph Construction of St. Paul, Inc. -New HVA Air One Mechanical Company-New North Suburban Heating& Air-New Staff Recommendation: Approve license applications as requested. Item No. Staff Report No. Meeting Date: May 10, 1999 Type of Business: PH& CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Honorable Mayor& City Council From: James Ericson, Planning Associate Item Title/Subject: First Reading(Introduction) and Public Hearing regarding Ordinance 629, an Ordinance Amending Chapter 401 of the City Code Pertaining to the Planning and Zoning Commission; Special Planning Case No. SP-069-99. Date of Report: April 22, 1999 Background: According to Section 401.06, Subdivision 7 of the Municipal Code,the Planning Commission is to review its Bylaws on an annual basis at the first regular meeting in February. The Planning Commission reviewed the bylaws during its February 3, 1999 and February 17, 1999 meetings and then approved the Bylaws with minor revisions on March 3, 1999. The changes to the Bylaws were made to be consistent with current procedures and practices and to be better able to respond to planning cases in a timely manner. The changes in effect require the City to adopt an ordinance to amend the municipal code concerning the types of meetings held by the Commission. The ordinance amends the Code to redefine what constitutes a regular meeting and a special meeting, as well as to remove language from the Code which was not internally consistent with the rest of the Chapter concerning appointments and recommendations for the filling of commission vacancies. Discussion: With regard to the scheduling of meetings, up to now,the Bylaws were drafted such that the first Wednesday of the month was a"regular"meeting, at which time the Commission called to order and took action on items discussed at"agenda"meetings,which were held on the third Wednesday of the month. With the changes to State law requiring cities to act upon planning cases within 60 days,the Planning Commission has been calling to order on third Wednesdays as well as first Wednesdays to minimize delays in processing planning applications. The agenda meetings then became"special"meetings to reflect that they would be calling to order. The Bylaws have been changed such that both meetings of the month are regular,doing away with what was an agenda meeting. Special meetings have been redefined to be any meeting occurring outside of the first and third Wednesday. City of Mounds View Staff Report May 6, 1999 Page 2 Regarding the language concerning the filling of Planning Commission vacancies, Section 1 of the Ordinance removes language from the Code which had stated that the Mayor,with approval of the City Council, shall fill such vacancies for the unexpired term of appointments, based upon the recommendation of the Planning and Zoning Commission. This italicized clause is being removed so that the remaining language is consistent concerning all types of vacancies and appointment processes. The Planning Commission, at its March 7, 1999 regular meeting, approved Resolution 572-99, a resolution recommending to the City Council that Ordinance 629 be approved. Staff discussed this item further with the Commission at its meeting on April 21, at which time the Commission was made aware of a requested addition to the Ordinance, that being the above-mentioned deletion of text from Section 401.03, Subdivision 1 c concerning Planning Commission input toward Commission appointments. The City Attorney has been sent a copy of this Ordinance prior to the meeting on April 26, 1999 for his review and comment. The City Council gave first reading to the proposed ordinance on April 26, 1999. Options: a. The Planning Commission and staff suggest that the City Council give second reading and approval of the Ordinance at the May 10th meeting and direct staff to publish the ordinance. b. Direct staff to revise proposed Ordinance 629 as may be necessary and to bring it back for further consideration at a future meeting. James Ericson,Planning Associate Attachments: 1. Planning Commission Bylaws(Revised March 3, 1999) 2. Planning Commission Resolution No. 570-99 3. Planning Commission Resolution No. 572-99 4. Municipal Code Chapter 401,Planning and Zoning Commission 5. Ordinance 629 N:\DATA\GROUPS\COMDEV\SPECPROJ\2ND-READ.RPT RESOLUTION NO.570-99 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING REVISED BYLAWS FOR THE PLANNING AND ZONING COMMISSION; PLANNING CASE NO. SP069-99. WHEREAS, Section 401.06,Subd. 7 of the Mounds View Municipal Code requires the Planning and Zoning Commission to adopt bylaws for its governance and for the transaction of its business, and for annual review of these bylaws; and • WHEREAS,the Planning and Zoning Commission has conducted its 1999 review of its" bylaws and has determined that revisions are needed. NOW,THEREFORE,BE IT RESOLVED that the bylaws for the Planning and Zoning Commission shall be revised as shown in"Exhibit A", attached hereto and incorporated herein by this reference, and that the bylaws as shown in`Exhibit A"supercede previous adopted versions of the bylaws. BE IT FURTHER RESOLVED that these revised bylaws shall be kept on file with the •', City Clerk-Administrator and the Community Development Department, and shall be forwarded • to the City Council for acceptance. Adopted this 3rd day of March, 1999. Jerry Peterson, Chairperson Attest: • Rick Jopke, Community Development Director • • • N:\DATA\GROUPS\COMDEV\PLANCOMM\PCRESOS199BYLAWS RES RESOLUTION NO.572-99 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA • RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF ORDINANCE NO. 629;AN ORDINANCE AMENDING THE CHAPTER 401 OF THE MOUNDS VIEW MUNICIPAL CODE TO BE CONSISTENT WITH THE PLANNING AND ZONING COMIYIISSION BYLAWS;PLANNING CASE NO. SP069-99. WHEREAS, Section 401.06, Subd.7 of the Mounds View Municipal Code requires the Planning and Zoning Commission to adopt bylaws for its governance and for the transaction of its business,and for annual review of these bylaws; and WHEREAS,the Planning and Zoning Commission has conducted its 1999 review of its bylaws and has determined that revisionsare needed; and. • WHEREAS,the Planning and Zoning Commission has adopted changes to its bylaws; and WHEREAS,the above mentioned bylaws changes and Section 401.06 of the Mounds View Municipal Code are inconsistent; and WHEREAS,the Planning and Zoning Commission has reviewed Ordinance No. 629,an ordinance amendment to eliminate the inconsistency between the bylaws and Section 410.06 of the Mounds View Municipal Code. NOW,THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends City Council approval of Ordinance No. 629,an ordinance amending Chapter 401 of the Mounds View Municipal Code relating to the Planning and Zoning Commission of Mounds View. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. • Adopted this 3rd day of March, 1999. Jerry Peterson,Chairperson Attest: Rick Jopke,Community Development Director 1.1:I1DATA\GROUPSTOMDEV\PLANCOMM\PCRESGS\ORD629RES • CITY OF MOUNDS VIEW • PLANNING AND ZONING COMMISSION BYLAWS (Revised March 3, 1999) • I. AUTHORITY:The Bylaws of the Mounds View Planning and Zoning Commission(Bylaws)are established in accordance with the Mounds View Municipal Code Section 401.06. Subd. 7 "The Commission shall adopt bylaws for its governance and for the transaction of its business." Where there is a conflict between the provisions of the Bylaws and the provisions of the City Charter and the Municipal Code,the provisions of the City Charter and the Municipal Code shall govern. (For purposes of simplicity,the Planning and Zoning Commission may hereinafter be referred to as the Planning Commission or the Commission.) IL ADOPTION OF BYLAWS; REVIEW AND AMENDMENT: A. ADOPTION AND AMENDMENT:The Bylaws shall be adopted by Resolution by an affirmative vote of the majority of members of the Planning and Zoning Commission appointed as voting members, and shall be placed on file with the City Clerk- Administrator and the Community Development Department A copy of the bylaws shall be forwarded to the City Council for its information. Any amendments to the Bylaws shall be adopted by Resolution in the same manner as the original Bylaws. • B. ANNUAL REVIEW:The Bylaws shall be reviewed on an annual basis at the first regular meeting of the Commission in February. III. MEMBERSHIP AND VACANCIES Vacancies on the Planning Commission shall be filled in accordance with the Municipal Code, Sections 401.02 and 401.03. IV. OFFICERS • A. OFFICERS NAMED: The officers of the Planning Commission shall consist of a chairperson and vice-chairperson. The Commission may create and fill such other offices from its members,as it may determine,to transact Commission business. In addition,the Director of Community Development,or his or her designee,shall act as the recording • secretary for the Commission for purpose of preparing meeting minutes. B. ' RT,RCTIONS;TERMS _ 1, Chairperson: .. . . .. . - .-- -- - - --- . . . _ -. .: .. _ - the Mayor, • with the approval of the City Council,shall appoint the chairperson of the Commission each year. At the first meeting in January,the Commission shall conduct an election in order to make its recommendation for the chairperson,following the procedure in Section IV.B.3. The name of the person recommended for chairperson shall be forwarded to the City Council for action at its first meeting in January. • 2. Vice-Chairperson:The Planning Commission shall elect a vice-chairperson each year at its first meeting in January,following the procedure in Section IV.B.3. • City of Mounds View Planning and Zoning Commission-Bylaws Paul 3. Election Procedure: For each office,the chairperson shall invite nominations from Planning Commission members. After nominations have been received,the chairperson shall entertain a motion to close nominations. If such motion is made and . passed, and more than one nomination has been made,the chairperson shall distribute ballots to the Commission members and each member shall write his or her selection on the ballot. The recording secretary shall tally the ballots and announce the nominee receiving the most votes. In the event of a tie,the recording secretary shall announce the nominees tied in the voting and balloting shall be repeated until an election occurs. If only one nomination has been received,the chairperson may conduct the voting by voice vote. If a majority of the members present vote in the affirmative for the nominee, the nominee shall be elected. 4. Assumption of Duties: The Chairperson and Vice Chairperson shall assume office at the first meeting in February of each year. 5. Term of Office:The chairperson and vice chairperson shall serve one year terms, and may be re-elected to additional terms in accordance with this Section N.B. C. DUTIES OF OFFICERS:The chairperson shall preside over the meetings of the Planning Commission,and shall have the authority to add or cancel regular meetings and to call special meetings as provided in Section VI. The vice chairperson shall assume the duties of the chairperson,in the absence of the chairperson. V. LIAISON TO COUNCIL:The City Council shall appoint from among its members a Liaison to the Commission on an annual basis. It is expected that the Council Liaison will attend the Commission meetings on a regular basis. In the event of the absence of the Council Liaison at a Commission meeting, a Commission member may be appointed by the chairperson to represent the Planning Commission at the next regular City Council meeting or at the meeting where the City Council will be considering the planning cases acted upon by the Planning Commission in the absence of the Council Liaison. • VI. MEETINGS ' A. TYPES OF MEETINGS; SCHEDULE: The annual meeting schedule of the Commission shall be adopted by Resolution at the first regular meeting in December for the following year. • 1. Regular Meetings: Subject to the adopted meeting schedule, the Commission's regular meetings will occur on the first and third Wednesdays of each month for the purpose of convening public hearings,making recommendations to the City Council, conducting business which requires a vote of the Commission,convening as the Board of Adjustment and Appeals, conducting long-range planning functions and other official business. 2. Agenda Sessions: An Agenda Session is an informal session of the Planning Commission,typically held immediately following adjournment of a Regular or Special meeting,at which time the Planning Commission may review minutes,informally City of Mounds View Planning and Zoning Commission-Bylaws • .Paul review proposed or pending planning cases or ordinance amendments, discuss previous actions of the City Council or other Commissions,and to perform other matters not requiring a vote of the Commission. 3. Special Meetings: From time to time,special meetings may be called in order to process significant caseloads,to review works in progress such as comprehensive plan updates or municipal code revisions,or to undertake a retreat or strategic planning session,either amongst itself or in the company of the City Council or other commissions. Special meetings can be proposed_by any Commission member or at the request of the Director of Community Development,yet must be approved by a majority vote of the Commission. Emergency special meetings can be called via written notice to the Director of Community Development by the Chairperson or two Commission members, or by the Director of Community Development (Emergency • special meetings are those in which the subject matter is of such an immediate concern that it cannot be delayed until the next regular meeting of the Planning Commission.) The Director of Community Development shall post and mail a notice of any special meeting in accordance with State Statutes. Planning Commission members shall be notified by telephone and in writing,if possible, at least seven days prior to a special meeting. 4. Cancellation of Meetings:Regular or special meetings may be canceled by the chairperson or Community Development Director in the event that there are no items of business requiring the attention of the Commission,or for lack of a quorum, or in response to inclement weather or for any other good and sufficient reason. Members of the Commission shall be notified by telephone of any meeting cancellation. A notice of the meeting cancellation shall be posted as required by State Statutes. • B. QUORUM: A majority of the number of voting members appointed to the Commission shall constitute a quorum. C. CONDUCT OF MEETINGS;ADJOURNMENT 1. Meeting Chairperson:If neither the chairperson nor the vice chairperson is present to conduct a meeting of the Planning Commission,the Planning Commission may elect a meeting chair from among those members present prior to the commencement of business. The election shall follow the procedures set forth in Section IV.B.3, except that the Community Development Director,or his or her designee,shall conduct the election. 2. Open Meeting Law:Meetings shall be conducted in accordance with the State of Minnesota Open Meeting Law(Minn. Statutes 471.705). 3. Adjournment Meetings shall adjourn at or before 11:00 p.m. unless a two-thirds majority of the members present agree to extend the time of adjournment. If there is no objection, the Chairperson may declare the meeting adjourned without the necessity of a motion or vote by the Commission. City of Mounds View Planning and Zoning Commission-Bylaws Page 4 D. MINUTES: Minutes shall be recorded for regular meetings and each commission member shall receive a copy of the unapproved minutes for review and approval at a succeeding meeting. Minutes shall be approved by motion. Approved minutes shall be the official record of the business conducted and actions taken by the Planning Commission. Commission members may request copies of approved minutes after they have been corrected, if necessary, and signed as approved. Copies of the approved minutes shall be filed with the Community Development Department. Unapproved minutes shall be clearly marked"DRAFT ; approved minutes shall be marked"APPROVED". A policy statement regarding the content and format of the minutes shall be on file with the Director of Community Development which may be reviewed from time to time as needed. • VL INFORMATIONAL PACKETS: Each Commissioner shall receive a staff report,plans and additional information,as appropriate,for each item placed on the agenda for any regular or special meeting.'The Commission packet should be delivered at least four days prior to the meeting. Each Commissioner is responsible for reviewing the material within the packet prior to the meeting. VIL PROFESSIONAL CONSULTANTS:Advice from,consultation with, and/or requests for review by the City Attorney, City Engineer, City Planning Agency, or other paid consultants shall be in accordance with the Municipal Code, Section 401.07. VIII. SUPPLEMENTARY PUBLICATIONS: All Commission members shall receive a copy of the Mounds View Municipal Code and a copy of the Municipal Comprehensive Plan as well as other materials provided by the City Council or City Staff. These materials shall be retained by each commission member and returned to the Community Development Director upon the member's resignation or termination of appointment. IX CONDUCT OF MEMBERS ' A. ATTENDANCE: Commission members shall advise the designated Staff member or the Commission chairperson of an anticipated absence from any regularly scheduled Planning Commission meeting. Any member attending less than 20 meetings per year without the consent of the Commission shall be deemed to have vacated the office, and such vacancy shall be filled by the City Council pursuant to Section 401.03, Subd. 1. A leave of absence may be granted by the consent of the Commission. B. CONFLICT OF INTEREST: 1. General Standard:No Commissioner shall be appointed with private or personal interests likely to conflict with the general public interest If any person appointed to the Commission shall find that their private or personal interests are involved in any matter coming before the Commission,they shall disqualify themselves from taking part in any discussion or action on the matter,alternatively,they may be disqualified by a two-thirds (2/3)majority vote of the Commissioners in attendance. 2. Conflict Due to Economic Interests: A Commissioner has a conflict of interest if, in his or her discharge of official duties,would be required to take an action or make a City of Mounds View Planning and Zoning Commission-Bylaws Page 5 decision that would substantially affect the Commissioner's financial interests or those of an associated business,unless the effect on the Commissioner is no greater than on other members of the Commissioner's business classification,profession, or occupation. In the event a conflict of interest exists with respect to a particular matter before the Commission,the Commissioner shall disqualify himself or herself from taking part in any discussion or action on the matter. C. EX PARTE CONTACTS: Ex parte contacts are contacts between individuals seeking to influence the decisions of the Planning Commission and individual Commission members outside the meeting forum. Such contacts include meetings with project proponents, residents,property owners,and citizens separate from Commission meetings, communication between Commission members outside the meeting forum, telephone calls or letters which attempt to influence a Commissioner's opinion on a matter which will be subject to the Commissioner's vote. When the Planning Commission is involved in a matter which is to be heard and decided by the Commission(e.g. variances),Planning Commissioners shall indicate to the person contacting them that such contact is inappropriate and all testimony needs to be offered at the hearing to ensure a fair hearing for all parties. In all other cases,Planning Commissioners should discourage such contacts • and should avoid expressing any opinion as to the merits of the case. When ex parte contacts occur,the Planning Commissioner is responsible for notifying the Community Development Director, and for conveying the substance of the communication at the next commission meeting at which the matter discussed is under consideration. On March 3, 1999,the Planning Commission approved Resolution No. 570-99, a resolution adopting its official Bylaws as presented herein and a revised meeting schedule. Jerry Peterson, Chairperson ATTEST: Rick Jopke,Community Development Director NADATAMROUPS\COMDEV\PLMJcoM IBYLAWSIBYLAWS.99 • Planning Commission Minutes Policy (Revised 2/4/99) 1. Type of meeting, whether regular or special. 2. Date,time and place of the meeting. 3. Call to order—time the meeting was called to order. 4. Roll call. a. List of members present. b. List of members absent(note whether excused or unexcused.) c. List of others present(stag liaison, recorder, etc.) 4. Citizens' requests and comments for items not on the agenda. Include residents' names and addresses, if no residents made comments,indicate as much. 5. Corrections to and approval of any previous minutes and the vote taken, except that minor grammatical and typographical corrections need not be noted. . 6. For each planning case on the agenda: a. Case number, project name and address,brief description of the request, and name and address of the applicant. • b. Summary of the request. • c. Summary of any previous action. d. Summary of the staff review. e. Summary of statements made by the applicant, particularly concessions or agreements made by the applicant. • f. •Summary of comments made by each person testifying, with the name and address of the person noted. • 7. For any motions made: • a. • Name of Commission members making and seconding motion. b. Verbatim (if possible) statement of motion. c. Vote on each motion as to number of ayes,nays and abstentions. d. Reasons for each nay vote or abstention. • e. Whether motion carried or failed 8. Specific concerns addressed to the chairperson for inclusion in the minutes. 9. Reports by staff • 10. Reports by Commission chairperson and members. 11. Time of adjournment. 12. Signature of chairperson and recording secretary. N:\DATA\GROUPS\COMDEV\PLANCOMMIBYLAWS\MINtJrES99 • 401.01 401.02 CHAPTER 401 PLANNING AND ZONING COMMISSION SECTION: 401.01: Commission Established 401.02: Membership; Terms; Oath; Compensation 401.03: Removal from Office; Vacancies 401.04: Powers and Duties 401.05:. Conflict of Interest 401.06: Organization; Meetings 401.07: Employment of Experts; Expenditures • 401.08: Annual Report 401.09: Comprehensive Plan Adopted 401.10: Review of Proposed Plats • 401.11: Zoning 401.12: Availability of City Records 401.01: COMMISSION ESTABLISHED: A Planning and Zoning Commission for Mounds View is hereby established. (Ord. 536, 4-25-94) 401.02: MEMBERSHIP; TERMS; OATH; COMPENSATION: Subd. 1. Membership; Terms: a. Appointed Members: The Planning and Zoning Commission shall consist of not less than seven (7) nor more than nine (9) members from the resident population of Mounds View, other than persons elected to a public body, to be appointed by the Mayor with approval of the City Council, from applications submitted. The appointees shall have three(3)year staggered terms; at least two (2) of these terms,but not more than three (3) terms, shall expire each year on December 31. Based upon the recommendation of the Planning and Zoning Commission, the Mayor, with,approval of the City Council,.shall appoint a chairperson. b. Designated Members: In addition to the appointed membership, two (2) nonvoting members shalt be designated by the City Council to serve as liaison to the Planning and Zoning Commission. The term of the appointments shall ordinarily be for one year, except, that they will terminate with the office from which the nonvoting appointment is derived. City of Mounds View 401.02 401.04 Subd. 2. Oath and Taking of Office: The appointees shall be duly sworn and take office at the • first regular meeting of the Commission in the month of January each year. Both original and successive appointees shall hold their offices until their successors are appointed and qualified. Subd. 3. Compensation: All members of the Commission shall serve without compensation. (Ord. 536, 4-25-94) 401.03: REMOVAL FROM OFFICE; VACANCIES: Subd. 1. Removal from Office: a. An appointed member of the Commission may be removed from office for just cause and on written charges by at least four-fifths (4/ 5) vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. It shall be the duty of the chairman of the Commission to notify the City Council promptly of any vacancies occurring in membership. • b. In addition, an appointed member may be removed by the City Council for nonattendance at Planning and Zoning Commission meetings, as provided in the by laws adopted by the Planning and Zoning Commission, or if a Commission member does not attend twenty (20) regularly scheduled meetings per year without the consent of the Commission. C. - •- : .: - . ..i.. - ..Y. I:•11 . NO d a. .. ' .... _• • • .. .. --•=: the Mayor, with approval of the City Council, shall fill such vacancies for the unexpired term of the original appointment • Subd. 2. Termination of Appointment: Any Commission member designing to terminate their • appointment to the Commission before the expiration of the term shall give written notification to the Planning and Zoning Commission chairman of that intention. (Ord. 536, 4-25-94) • 401.04: POWERS AND DUTIES: The Commission shall be the City planning agency as authorized by the Minnesota statutes' and the City Charter.' It shall have the duties and powers which are assigned to it by this Code. (Ord. 536, 4-25-94) ' M.S.A. §462.354, subdivision 1. 2 See Charter Section 2.02. City of Mounds View • 401.05 401.06 401.05: CONFLICT OF INTEREST: No person shall be appointed with private or personal interest likely to conflict with the general public interest If any person appointed shall find that their private or personal interests are involved in any matter coming before the Commission, they shall disqualify themselves from taking part in action on the matter; alteratively, they may be disqualified by a two-thirds (2/3) majority vote of the Commissioners in attendance. (Ord. 536, 4-25-94) • 401.06: ORGANIZATION; MEETINGS: Subd. 1. Officers: At the first regular meeting in January, the Commission shall elect a vice chairman from among its appointed members for a term of one year. The Commission may create and fill such other offices from its members, as it may determine, to transact Commission business. Subd. 2. Regular Meetings: Regular meetings shall be held for the purposes of convening public hearings and conducting business which requires a vote of the Planning and Zoning Commission. The Commission shall hold at least one regular meeting each month on a day and at a time and a place which the Commission shall fix by resolution. Subd. 3. Agenda Meetings: Agenda meetings of the Planning and Zoning Commission may be held for the purpose of conducting site plan reviews, examination of proposed amendments to the City Code, long range Commission planning, and other matters not requiring a vote of the Commission. Agenda meetings shall be held on a day and at a time and a place which the Commission shall fix by resolution. Subd. 4. Special Meetings: Special meetings may be called by the chairperson or by any two (2) members of the Planning and Zoning Commission by a written notice filed with the Clerk-Administrator, who shall then post and mail a notice of the meeting in accordance with State statutes. Subd. 5. Quorum: A majority of the appointed voting Commission members shall constitute a quorum. Subd. 6. Voting Privileges: Each of the appointed members shall have equal voting privileges. Subd. 7. Bylaws: The Commission shall adopt bylaws for its governance and for the transaction of its business. The bylaws.shall be reviewed on an annual basis at the first regular meeting in February. Subd. 8. Records: A recording secretary, who may be recommended by the Planning and Zoning Commission for appointment, shall keep a record of attendance at Commission meetings and a record of resolutions, votes and abstentions on each question requiring a vote. The record of the Commission shall be a public record. (Ord. 536, 4-25-94) City of Mounds View 401.06 401.11 401.07: EMPLOYMENT OF EXPERTS; EXPENDITURES: The Commission may request from the City Council the employment of such staff, technicians and experts as may be deemed proper and may request such other funds as may be necessary and proper for the conduct of its affairs. (Ord. 536, 4-25-94) 401.08: ANNUAL REPORT: The City Council may request an annual report from the Planning and Zoning Commission of its works during the preceding year. (Ord. 536, 4-25-94) 401.09: COMPREHENSIVE PLAN ADOPTED: The City hereby adopts as its Comprehensive Plan for future development and growth within the City that certain document hereafter to be referred to as the COMPREHENSIVE PLAN FOR THE CITY OF MOUNDS VIEW, dated 1979, and such Comprehensive Plan is incorporated herein by reference. A copy of the City's Comprehensive Plan is on file in the office of the Clerk-Administrator. (Ord. 536, 4-25-94) 401.10: REVIEW OF PROPOSED PLATS: Before the preliminary approval is given to any proposed platting or property in the Municipality, the preliminary plat shalt be submitted to the Planning and Zoning Commission for study and recommendation along with written reports and recommendations on the plat from the Director of Public Works/City Engineer and City Attorney. The recommendations on and approval of plats by the Planning and Zoning Commission shall be in accordance with Title 1200 of this Code. (Ord. 536, 4-25-94) 401.11: ZONING: Subd. 1. Zoning Plan': The Commission, upon its own motion, may, and upon instruction by the Council shall, prepare a revised Zoning Plan for the Municipality. Before recommending such Plan to the Council, the Commission shall hold at least one public hearing thereon after a published notice of such hearing appears in the legal newspaper at least ten (10) days prior to the hearing. The same procedure shall apply for the preparation of an overall street plan or acquisition of lands for other public purposes. 1 See Title 1100 of this Code for zoning regulations. City of Mounds View 401.11 401.12 Subd. 2. Rezoning of Property: See Section 1125.01 of this Code for procedure. (Ord. 536, 4-25-94) 401.12: AVAILABILITY OF CITY RECORDS: Upon the request of the Planning and Zoning Commission, the Clerk-Administrator or a designee shall furnish, within a reasonable time, such records or information as may be required for the work of the Commission. (Ord.536, 4-25-94) • • • • • City of Mounds View 402.01 402.01 CHAPTER 402 BOARD OF ADJUSTMENT AND APPEALS SECTION: 402.01: Board Established; Membership • 402.01: BOARD ESTABLISHED; MEMBERSHIP: A Board of Adjustments and Appeals, consisting of all appointment members of the Planning and Zoning Commission, is hereby established. The Board shall function under and be governed by the provisions of Section 1125.02 of this Code. (1988 Code §32.10) City of Mounds View Draft #3 ORDINANCE NO. 629 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 401 OF THE MOUNDS VIEW MUNICIPAL CODE RELATING TO THE PLANNING AND ZONING COMMISSION OF MOUNDS VIEW, SPECIAL PLANNING CASE SP-069-99 THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1: Section 401.03, Subdivision 1 of the Mounds View Municipal Code is hereby amended with the proposed additions underlined and italicized and deletions struek-ottt Lind loth-Led, respectively, to read as follows: 401.03: REMOVAL FROM OFFICE; VACANCIES: Subd. 1. Removal from Office: a. An appointed member of the Commission may be removed from office for just cause and on written charges by at least four-fifths (4/5) vote of the entire City Council, but such member shall be entitled to a public hearing before such vote is taken. It shall be the duty of the chairman of the Commission to notify the City Council promptly of any vacancies occurring in membership. b. In addition, an appointed member may be removed by the City Council for nonattendance at Planning and Zoning Commission meetings, as provided in the by laws adopted by the Planning and Zoning Commission, or if a Commission member does not attend twenty(20) regularly scheduled meetings per year without the consent of the Commission. c. limed upon the recommendation of the Planningund-Zoning-Ezmninissiun, I The Mayor, with approval of the City Council, shall fill such vacancies for the unexpired term of the original appointment. SECTION 2: Section 401.06 of the Mounds View Municipal Code is hereby amended with the proposed additions underlined and italicized and deletions - :, . : ' : -• respectively, to read as-follows: 401.06: ORGANIZATION; MEETINGS: • • - .. 1011 . 1 . . • Z - . . • •. , . • . •. . . . .. • . - . - - . • .. . .. . . I 'V . . 1 1 Z., . . V - . - • Ordinance 629 Page 2 • •' - • •• • • 1 1 . - • 4 - - • . . • • IP . • and a place whish the-Cam,i,i iun shall fix by rcsolutiun. Subd. 3. Agenda Sessions: An Agenda Session is an informal session of the Planning Commission, typically held immediately following adjournment of a Regular or Special meeting. at which time the Planning Commission may review minutes. informally review proposed or pending planning cases or ordinance amendments, and to perform other matters not requiring a vote of the Commission. I ,.. - • • • • • I . I • • I • I ' • •. • • ,. -- • u . • .. • . r• • • • • • • I . Subd. 4. Special Meetings: Special meetings can be proposed during any regular meeting by any Commission member or at the request of the Director of Community Development. yet must be approved by a majority vote of the Commission, Emergency special meetings may be called via written notice to the Director of Community Development by the Chairperson or two Commission members, or by the Director of Community Development. The Director of Community Development shall post and mail a notice of any special meeting in accordance with State Statutes. Section 3. This Ordinance goes into effect thirty (30) days after its publication in the official City newspaper. Read by the City Council of the City of Mounds View on this day of , 1999. Read and passed by the City Council of the City of Mounds View on this day of , 1999. Dan Coughlin, Mayor ATTEST: Charles S. Whiting, City Clerk/Administrator (SEAL) APPROVED AS TO FORM: City Attorney N:\DATA\GROUPS\COMDE V\PLANCOMM\BYLAW S\629.ORD RESOLUTION NO. 5337 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA j RESOLUTION ESTABLISHING A TENTATIVE TIMETABLE FOR PREPARING AND ` ADOPTING THE 2000 BUDGET AND LONG TERM FINANCIAL PLAN WHEREAS,the City's Charter and Code, as well as State Statutes set forth various requirements for considering and adopting the City's budget; and WHEREAS, Section 7.04 of the City Charter requires the City Clerk-Administrator to submit to the Council a budget calendar to be established by resolution. NOW, THEREFORE,BE IT RESOLVED,by the Council of the City of Mounds View, Minnesota that the following budget and long term financial plan calendar is hereby adopted: May 10 City Council adopts budget calendar June 14 Departments submit proposed 2000 budget and LTFP to Finance June 14-July 12 Finance Dept. and City Administrator review budgets and LTFP. July 12 - Aug. 2 Dept. Heads review budgets and LTFP. August 9 - Sept. 13 Council review of 2000 budget and LTFP: August 2 work session August 16 special work session September 30 work session(if needed) September 13 Council adopts a preliminary budget and maximum levy/ I Sept. 13 - Oct. 25 Additional Council meetings as needed. October 29 City distributes budget newsletter. November 8 Council holds informational meeting on the 1999 budget and LTFP November 29 Truth in taxation hearing and adoption of the 2000 budget, tax levy and LTFP (dates dependent upon County and School December 13 District selected dates). Presented this 10th day of May, 1999. (SEAL) Dan Coughlin, Mayor (ATTEST) Charles S. Whiting, City Administrator ";I Item No. Staff Report No. Meeting Date: May 10, 1999 Type of Business: CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor& City Council From: Rick Jopke, Community Development Director Item Title/Subject: Consideration of Resolution No. 5339 Accepting the Public Improvements at the Theater Project Date of Report: May 6, 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. Discussion: The developer has indicated that the projected opening of the theater is May 17, 1999. If that is to happen the City must issue a Certificate of Occupancy prior to that date. City staff is in the process of doing inspections to ensure compliance with codes, standards and plans. The developer is working to address all the issues that are being identified. Mike Ulrich has reviewed the public improvements and has indicated that there are some issues yet to be resolved relating to the street and utilities. Those issues are outlined in the attached memo. The attached draft Resolution No. 5339 accepts the public improvements contingent upon all of the issues outlined by Mike Ulrich as well as other issues identified by staff being addressed. The resolution also requires cash, bond or other surety to ensure that the identified issues are addressed. Staff also would only issue a temporary Certificate of Occupancy if all issues are not addressed prior to the theater opening. A bond or other surety would also be required with a City of Mounds View Staff Report May 6, 1999 Page 2 temporary certificate of occupancy to ensure that all outstanding issues are resolved. A copy of the draft resolution has been sent to the City attorney's office for review. Options: A. Approve the attached Resolution No. 5339. B. Approve the attached Resolution No. 5339 with amendments. C.Not approve Resolution No. 5339 until all issues are resolved. Rick Jopke, Community Development Director N:\DATA\GROUPS\COMDEV\DEVCASES\517-98\PUBIMP.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 contingent upon the following: 1. Satisfactory completion of a Mandrill test of the sanitary sewer system. 2.Verification that water gate valves are operational. 3. Satisfactory establishment of turf around holding ponds. 4. Satisfactory clean up and/or reconstruction of rip rap areas between the road and the parking lot to remove sand and concrete washings toensure proper drainage. 5. Satisfactory clean up of the sanitary sewer system to remove sand. 6: Satisfactory clean up of storm water holding ponds to remove construction and other debris. 7. Satisfactory removal of elm and other nonoak vegetation on both sides of the new Edgewood Dr. and County Road H-2 entrance to the site to provide proper visibility. 8. Provision of a copy of the General Contractor's one-year maintenance bond guaranteeing the Improvements to the City. 9. Provision of a full set of mylar as-built plans to the City. 10. Payment of$187,500 by the developer to the City for the developers share of the Edgewood Dr./Highway 10 intersection improvement costs. 11.Provision of a performance bond,certified check, certificate of deposit, irrevocable letter of credit or cash escrow in an amount equal to 150%of the estimated cost to complete any of the above items which are not complete as of May 14, 1999 as determined by City Staff. Adopted this 10th day of May, 1999. ATTEST Mayor Dan Coughlin Charles S.Whiting,City Clerk/Administrator EXECUTION COPY DEVELOPERS AGREEMENT. }ti THIS AGREEMENT is made this /I day oft.IPI • , 1998 by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the "City"), and ANTHONY PROPERTIES MANAGEMENT, INC., a Texas corporation, and LOUISE O'NEIL, an individual (collectively the "Developer"). Recitals A. The Developer is the fee owner of certain real estate located in Ramsey County, Minnesota,legally described as The southwest 1/4 of the northwest '/4 of Section 8, Township 30, Range 23, lying southwesterly of State Trunk Highway No. 10-62, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota, and all that part of the northwest 1/ of the northwest '/4 of Section .8, Township 30, Range 23, lying southwesterly of State Trunk Highway No. 10, according to the United States Government Survey thereof and situate in Ramsey County,Minnesota. (hereinafter referred to as the "Property"). B. The Developer shall construct on the Property improvements consistent with the approved site plan dated May 11, 1998 and approved by the City Council on May 11, 1998, which involves the construction of a 2160 seat 15 screen movie theater, three (3) 11,000 square foot office buildings, a 5,000 square foot restaurant, and a 6,400 square foot retail/restaurant building. C. The Developer has requested that the City approve the issuance of building permits ("Permit")for this project. D. As a prerequisite to the approval of the Permit, the City Council requires the Developer to agree to the construction of certain public improvements pursuant to this Agreement for the orderly development of the Property. E. The Developer is required to construct and install at its sole expense certain street, grading, drainage, landscaping and other public improvements as required by City ordinance (the "Improvements"). Agreement In consideration of each party's promises as set forth in this Agreement, it is mutually agreed as follows: • SJR-149487 1 MU210-8 ARTICLE ONE REPRESENTATIONS AND WARRANTIES 1.01. City Representations and Warranties. The City makes the following representations as the basis for the undertakings on its part contained herein: A. The City is a municipal corporation under the laws of Minnesota. B. The City has the right, power and authority to execute, deliver and perform its obligations under this Agreement. The City assures the Developer that the individuals who execute this Agreement on behalf of the City are duly authorized to sign the same on behalf of the City and to bind the City thereto. 1.02. Developer Representations and Warranties. The Developer makes the following representations as the basis for the undertakings on its part contained herein: A. The Developer collectively consists of Anthony Properties Management, Inc., a Texas corporation, and Louise O'Neil, an individual. B. The Developer has the right, power and authority to execute, deliver and perform its obligations under this Agreement. The Developer assures the City that the individuals who execute this Agreement on behalf of the Developer are duly authorized to sign on behalf of the Developer and to bind the Developer thereto. C. The Developer is not in default under any lease, contract, or agreement to which it is a party or by which it is bound which would affect its performance under this Agreement. The Developer is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment, or decree which would prohibit the execution or performance of this Agreement by the Developer or prohibit any of the transactions provided for in this Agreement. D. The Developer has complied with and will continue to comply with all applicable federal, state and local statutes, laws, ordinances and regulations including, without limitation, any permits, licenses and applicable zoning, environmental, or other laws, ordinances, or regulations affecting the Property or the Improvements. The Developer is not aware of any pending or threatened claim of any such violation. E. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending or threatened against or affecting the Developer or Property. The Developer is not in default with respect to any order, writ, injunction or decree of any federal, state,local or foreign court,department, agency or instrumentality. F. None of the representations and warranties made by the Developer or made in any exhibit hereto or memorandum or writing furnished or to be furnished by the Developer or on its behalf contains or will contain any untrue statement of material fact or omits any material fact, the omission of which would be misleading. G. The Developer has sufficient funds or has obtained a commitment for financing in SJR-149487 2 MU210-8 an amount adequate to finance construction of the Improvements and has obtained a commitment from Carn ike Cinemas, Inc. ("Tenant") in an amount adequate to finance construction of the Improvements. ARTICLE TWO CONSTRUCTION OF IMPROVEMENTS 2.01. Agreement to Construct Improvements. The Developer agrees to construct the Improvements, including the street, grading, drainage, landscaping and other public improvements required by City ordinance for development of the Property. The Improvements are more fully described in the plans and specifications approved by the City, which are entitled O'Neil property PUD Plan, prepared by Sunde Engineering, Artech Design Group, Inc. and Boarman Kroos Pfister Vogel and Associates and are date-stamped May 11, 1998 (the "Plans"). A final copy of the Plans must be filed with the City prior to commencement of construction of the Improvements. All labor and work performed by the Developer in connection with construction of the Improvements will be done and performed in the best and most worker-like manner and in strict conformance with the Plans. Any deviation from the Plans must be approved in writing by the City. Construction of the Improvements shall be completed no later than one year from the issuance of the Building Permits required herein. 2.02. Obtaining Permits. The Developer shall obtain in a timely manner and pay for all permits, licenses, and approvals required in connection with construction of the Improvements. The Developer shall meet in a timely manner the requirements of all applicable local, state, and federal laws and regulations which must be met before the Improvements may be lawfully constructed. Specifically, prior to obtaining any building permits or grading permits as required under this Section 2.02 or otherwise,the Developer shall complete the following requirements: A. The City shall obtain permit approval from the Minnesota Department of Transportation (MNDOT) for the construction of deceleration/acceleration lanes onto Trunk Highway 10, the construction of two access drives to the property, and for any regrading within the MNDOT right-of-way. The City shall work with MNDOT concerning the construction of the relocation and realignment of Edgewood Drive, median and turn lane work on Highway 10, signal construction, and other improvements to provide access to the site as approved in the letter dated May 11, 1998. The City will use its best faith efforts to complete the intersection in a timely manner. B. The Developer shall enter into the Agreement with the City. Developer reserves the right to approve plans and specs for construction of improvements provided for in Section 2.02A of this Agreement. Surety will need to be provided in an amount to be determined by the Director of Community Development for construction of the Highway 10 and Ramsey County right-of-way improvements unless either MNDOT or Ramsey County requires such surety as.a part of their respective agency permits. This Agreement shall be executed prior to the issuance of building permits. C. The Developer shall obtain permit approval from the Rice Creek Watershed District for drainage or ponding. SJR-149487 3 MU210-8 D. The Developer shall dedicate a separate cross access and parking easement document which allows joint use of the access points, internal drive, drive aisles and parking by theater, office buildings, and the retail/restaurant sites. The cross access and parking easement documents shall be approved by the City Attorney as to form. E. The Developer shall obtain approvals from Ramsey County for the final grading and drainage plans, final plat, access and construction on County right-of-way, and a utility permit for construction within the County right-of-way. F. The developer shall obtain a general stormwater permit from the Minnesota Pollution Control Agency. G. The Developer shall record with Ramsey County the necessary design theme easement over and across the subject property as shown on the Plans and provide proof of such recordation before the Mayor and City Administrator affix their respective signatures to the approved Final Plat. H. The Developer shall record with Ramsey County the drainage and utility easements over and across the subject property and provide proof of such recordation to the City before the Mayor and City Administrator affix their respective signatures to the approved Final Plat. 2.03. Staking, Surveying, and Inspections. The Developer must provide for all staking, surveying and inspections.for the Improvements in order to ensure that the completed Improvements conform to the Plans. The Developer shall contract for a full-time, on-site inspector of the City's choosing during and for the duration of all public utility installation and shall be responsible for the costs of such inspection services in an amount not to exceed $1,000. The City will provide for general inspection. The Developer shall notify the City in advance of all tests to be performed regarding the Improvements. 2.04. Time for Developer's Performance: General Provision. The Developer agrees that it will commence work on the Improvements no later than thirty(30) days after the date of building permit issuance and shall complete the Improvements no later than twelve (12) months after the date of building permit issuance. In the event of a "phased" construction schedule, each phase shall be subject to its own timeline based upon the date of issuance of the building permit. The City may at its discretion extend the dates specified in this Section 2.04 upon receipt of written notice from the Developer of the existence of causes which will delay the completion of the Improvements if such. causes are ones over which the Developer has no control and which could not have been reasonably foreseen by the Developer. If an extension of the date of completion of the Improvements is granted by the City, the Developer must continue the performance bond required by this Agreement to cover the work during the extension of time. 2.05. Additional Work or Materials. Construction of the Improvements shall be done by the Developer. The Improvements shall be constructed at no expense to the City. The Developer shall not do any work or furnish any materials for which reimbursement is expected from the City,unless such work is first ordered and reimbursement is approved by the City. Any work or materials SJR-149487 4 MU210-8 which is done or furnished by the Developer without prior written order is furnished at the Developer's risk, cost and expense, and the Developer agrees that it will make no claim for compensation for work or materials so done or furnished. • 2.06. Financial Guarantee. Prior to commencement of construction of the Improvements, the Developer agrees to furnish the City a performance bond, certified check, certificate of deposit, irrevocable letter of credit or cash escrow in the amount of 150% of the developer's share of the City's estimated costs for the Improvements (the "Financial Guarantee") as set forth in Exhibit "A". The Developer's estimated cost for the Improvements is $187,500. Upon failure of Developer to perform, the City may declare the Developer to be in default under this Agreement and, upon failure of the Developer to cure the default within 30 days of written notice, may demand the Financial Guarantee be paid over to the City. From the proceeds of the Financial Guarantee, the City shall be reimbursed for any attorneys' fees, engineering fees or other technical, administrative or professional assistance, and the remainder thereof shall be used by the City to complete the Improvements. The Developer shall be liable to the City in the event that the Financial Guarantee is inadequate to reimburse the City for its costs and pay for the completion of the Improvements. 2.07. Insurance. The Developer or General Contractor shall furnish proof of insurance in an amount of at least $1,000,000, acceptable to the City, covering any public liability or property damage by reason of the operation of the Developer's or Developer's General Contractor equipment or laborers in connection with the Improvements. Developer agrees to require the General Contractor to keep the insurance in force at all times during construction of the Improvements and until acceptance thereof by the City. The insurance must name the City as an additional insured and must provide that the insurer will give the City not less than 30 days' written notice prior to cancellation or termination of the insurance policy. 2.08. Unsatisfactory Labor or Material. After the City's review of the plans and specifications for the Improvements, and prior to construction, in the event that the City rejects as defective or unsuitable any material or labor to be supplied by the Developer regarding the Improvements, the rejected material must be replaced with-approved material to the specifications and approval of the City and at the sole cost and expense of the Developer. 2.09. Final Inspection/Acceptance. Upon completion of the Improvements, representatives of the City and the Developer will make a final inspection of the work. Before final payment is made to the contractor by the Developer, the City must be satisfied that all work is satisfactorily completed in accordance with the Plans, and the Developer's engineer shall submit a written statement attesting to the same. The City shall have no obligation to accept the Improvements if they are not consistent with the Plans or not in compliance with all City ordinances and standards related thereto. Final approval and acceptance of the Improvements shall be by a resolution duly adopted by the city council of the City. 2.10. Warranty on Property Work and Materials. The Developer warrants all work required to be performed by it under this Agreement regarding the Improvements against defective material and faulty workership for a period of one (1) year after completion and acceptance by the City, except that the warranty period for the street, drainage, and erosion control portions of the Improvements shall be for two (2)years after completion and acceptance by the City. All trees, grass, sod or other landscaping installed in connection with the Improvements are warranted to be alive, of good SJR-149487 5 MU210-8 quality, and disease free for one year after planting. Any replacements of same shall be similarly warranted for one year from the time of planting. The Developer shall be solely responsible for all costs of performing repair and replacement work required by the City and shall perform such work within thirty(30) days of receiving demand for such work from the.City,weather permitting. 2.11. Records and Plans. Upon completion of the Improvements, the Developer shall provide the City with a full set of mylar as-built plans for the City's records. 2.12. Maintenance Bond. Upon completion of the Improvements and prior to acceptance thereof by the City, the Developer shall furnish the City a copy of the General Contractor's one-year maintenance bond guaranteeing the Improvements. 2.13. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be personally liable or responsible in any manner to the Developer,the Developer's contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, action, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. The Developer agrees to save the City, its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorney's fees, consulting engineering services, and other technical, administrative or professional assistance. Nothing in this paragraph shall be deemed to be a waiver by the City of any limitations on liability set forth in Minnesota Statutes, Chapter 466. 2.14. Compliance with Existing Laws. The Developer will require the General Contractor and architect to perform all work pursuant to this Agreement in compliance with existing laws, ordinances,pertinent regulations, standards, and specifications. ARTICLE THREE ADDITIONAL PROVISIONS 3.01. Maintenance. The City will do normal maintenance and snowplowing and the Developer or the Developer's tenant will be responsible for any additional plowing and maintenance which is necessary to maintain safe conditions due to the Developer's street design which is distinct from the City's normal design. 3.02. Attorney Fees. The Developer agrees to pay the City's costs and expenses, including attorney fees, in the event a suit or action is brought by the City against the Developer to enforce the terms of this Agreement, and the City is the prevailing party in the suit or action brought by the City against the Developer. The City agrees to pay the Developer's costs and expenses, including attorney fees,in the event a suit or action is brought by the Developer against the City to enforce the terms of this Agreement and the Developer is the prevailing party in the suit or action brought by the Developer against the City. 3.03. Amendment. Any amendment to this Agreement must be in writing and signed by both parties. SJR-149487 6 MU210-8 3.04. Assignment. The Developer may not assign any of its obligations under this Agreement without the prior written consent of the City. 3.05. Agreement to Run with Land. This Agreement shall be recorded among the land records of Ramsey County, Minnesota. The provisions of this Agreement shall run with the Property and be binding upon the Developer and its assigns or successors in interest. Notwithstanding the for- egoing, no conveyance of the Property or any part thereof shall relieve the Developer of its liability for full performance of this Agreement unless the City expressly so releases the Developer in writing. 3.06. Representatives Not Individually Liable. No officer, agent or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City on any obligation or term of this Agreement. 3.07. Notices and Demands. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail,postage prepaid,return receipt requested, or delivered personally: (a) as to the Developer: Anthony Properties Management,Inc. 12770 Coit Road, Ste. 1170 Dallas,TX 75251 Attn: R. Jay Anthony Ms. Louise O'Neil do Joe Beaton 3109 Hennepin Avenue South Minneapolis,MN 55408 with a copy to: Carmike Cinemas,Inc. 1301 First Avenue Columbus, GA 31901 Attn: J. Kevin Flynn Novakov,Davidson &Flynn 2000 St. Paul Place 750 St. Paul Dallas,TX 75201 SJR-149487 7 MU210-8 (b) as to the City: City of Mounds View 2401 Highway 10 Mounds View,MN 55112-1499 Attn: City Administrator with a copy to: Scott J. Riggs KENNEDY&GRAVEN,CHARTERED 470 Pillsbury Center 200 S. Sixth Street Minneapolis,MN 55402 or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this section 3.07. 3.08. Park Dedication Fees. The Developer agrees to comply with any park dedication requirements, including payments in lieu, which may be required by the City's subdivision regulations. 3.09. Disclaimer of Relationships. The Developer acknowledges that nothing contained in this Agreement nor any act by the City or the Developer shall be deemed or construed by the Developer or by any third person to create any relationship of third-party beneficiary, principal and agent, limited or general partner, or joint venture between the City and the Developer. 3.10. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 3.11. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. SJR-149487 8 MU210-8 IN WITNESS OF THE ABOVE, the parties have caused this Agreement to be executed on the date and year written above. CITY OF MOUNDS VIEW By .404t.t)' 41. AV" Mayor By -,� ' (47(-- City Clerk ANTHONY PROPERTIES M GEMS ,INC. By Title LOUI O'NEIL L.0, 0ZIP.6e-' 't("A (l/ N STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) S, Th oing instrument was acknowledged before me this l day of , 199_ by Duane McCarty and Charles S. Whiting, the 2yor and city admi ' ator, respectively, of the City of Mounds View, a Minnesota municipal corporation, on behalf of the corporation. jitil /414Z611-41r 1 Notary Pu lic .,.„<;,. TRACY SANCHEZ ' ". ''' NOTARY PUBLIC-MINNESOTA Xt-I4,,,t My Corssaplon Expires Jan.31,2000 It SJR-149487 9 MU210-8 STATE OF TEXAS ) ) SS. COUNTY OF DALLAS ) • - foregoingnstrument was acknowledged before me this day of e Ili 0 , 199�by R. Jay Anthony, the President of Anthony Properties Management, Inc.,a Texas corporation, on behalf of the corporation. . I ,.,,,,,,,,,,,_----------------------------------------1 Mk A 1 1 . lillitrairalaill • gt5YeKELLIE GAFFNEY Notary ' blic Ie IF il-:' ��,-•'°= Notary Public,State of Texas "'•;1---------------------My Commission Expires 07-29-02 STATE OF MINNESOTA ) SS. ___4.,&=,,_,....)) COUNTY OF 1 _ Til Th fore oing instrument was acknowledged before me this c day of , 19rLouise O'Neil. iill I; ". R w�+wpy&IMon ' v lic 2000 ',7,:, =. `' ��, N Ts ' ���E�iY•i66 Atli. w `` � G C This document drafted by: : '.�- KENNEDY&GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis,MN 55402 (612)337-9300 • • SJR-149487 10 MU210-8 • Exhibit"A" EDGEWOOD DRIVE/HIGHWAY 10-INTERSECTION IMPROVEMENTS ESTIMATED TOTAL CITY SHARE DEVELOPER COST SHARE 1.TRAFFIC SIGNAL $130,000.00 $97,500.00 $32,500.00 2. TURN LANES TO $120,00.00 $0.00 $120,000.00 THEATER 3. PORTION OF THEATER $35,000.00 $0.00 $35,000.00 ENTRANCE WITHIN ROW 4. MEDIAN/TURNLANES $115,000.00 $115,000.00 $0.00 TO EDGEWOOD 5. EDGEWOOD DR. $170,000.00 $170,000.00 $0.00 RELOCAITON 6. EDGEWOOD DRIVE $40,000.00 $40,000.00 $0.00 CUL-DE-SAC 7. CITY HALL PARKING $20,000.00 $20,000.00 $0.00 LOT CHANGES TOTAL $630,000.00 $442,500.00 $187,500.00 • SJR-149487 11 MU210-8